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General Assembly Committee Bill No. 6392
January Session, 2019
LCO No. 6162
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT CONCERNING HI GHWAY WORK ZONE SAFETY
ENFORCEMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1
section: (1) "Automated traffic enforcement safety device" means a 2
photographic device, radar device, laser device or other electrical or 3
mechanical device designed to record the speed of a motor vehicle and 4
obtain a recorded image of the motor vehicle exceeding the posted 5
speed limit by ten miles per hour or more in a highway work zone in 6
violation of subsection (e) of section 14-219 of the general statutes, and 7
(2) "highway work zone" and "highway worker" have the same 8
meanings as provided in subsection (a) of section 14-212d of the 9
general statutes. 10
(b) (1) The Commissioner of Transportation may install, operate and 11
maintain automated traffic enforcement safety devices in highway 12
work zones, or may enter into an agreement with a contractor for the 13
installation, operation and maintenance of such safety devices. Such 14
safety devices shall produce one or more recorded images of the 15
number plate of a motor vehicle exceeding the posted speed limit by 16
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ten miles per hour or more while in a highway work zone in violation 17
of subsection (e) of section 14-219 of the general statutes. Any recorded 18
image produced by such safety device shall indicate the date, time and 19
location of the violation. 20
(2) The commissioner shall post signs at the beginning of a highway 21
work zone in which an automated traffic enforcement safety device is 22
installed and operational that indicates the use of such safety device. 23
Such safety device shall not be operational unless one or more 24
highway workers are in the highway work zone. 25
(3) An automated traffic enforcement safety device shall be installed 26
in a manner to record images of the number plate of a motor vehicle 27
only, and shall not record images of the occupants of such motor 28
vehicle or of any other persons or vehicles in the vicinity at the time 29
the images are recorded. 30
(c) Whenever an automated traffic enforcement safety device detects 31
and produces recorded images of a motor vehicle exceeding the posted 32
speed limit by ten miles per hour or more in a highway work zone in 33
violation of subsection (e) of section 14-219 of the general statutes, an 34
officer of the Division of State Police within the Department of 35
Emergency Services and Public Protection shall review the recorded 36
images provided by such safety device. If, after such review, such 37
officer determines that there are reasonable grounds to believe that a 38
violation has occurred, such officer may authorize the issuance of a 39
summons for the alleged violation. If such officer authorizes the 40
issuance of a summons for the alleged violation, the Division of State 41
Police shall, not later than ten days after the alleged violation, mail a 42
summons to the registered owner of the motor vehicle together with a 43
copy of the recorded images. Any person who receives a summons 44
pursuant to this subsection shall follow the procedures set forth in 45
section 51-164n of the general statutes. 46
(d) A recorded image that clearly shows the number plate of a 47
motor vehicle exceeding the posted speed limit by ten miles per hour 48
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or more in a highway work zone shall be sufficient proof of the 49
identity of the motor vehicle. 50
(e) All defenses shall be available to any person who is alleged to 51
have committed a violation of subsection (e) of section 14-219 of the 52
general statutes that is detected and recorded by an automated traffic 53
enforcement safety device, including, but not limited to, that (1) the 54
violation was necessary to allow the passage of an authorized 55
emergency vehicle, (2) the violation was necessary to avoid injuring 56
the person or property of another, (3) the violation was incurred 57
during a period of time in which the motor vehicle had been reported 58
as being stolen to a law enforcement unit, as defined in section 7-294a 59
of the general statutes, and had not been recovered prior to the time of 60
the violation, (4) the operator was convicted of a violation of 61
subsection (e) of section 14-219 of the general statutes while in a 62
highway work zone for the same incident based upon a separate and 63
distinct summons issued by an officer, as defined in section 14-1 of the 64
general statutes, (5) the owner was not operating the motor vehicle at 65
the time of the violation, or (6) the violation was necessary in order for 66
the operator to comply with any other general statute or regulation 67
concerning the operation of a motor vehicle. 68
(f) No person shall be subject to prosecution for a violation of 69
subsection (e) of section 14-219 of the general statutes that is detected 70
and recorded by an automated traffic enforcement safety device and 71
section 14-212d of the general statutes because of the same offense. 72
(g) No recorded image produced by a n automated traffic 73
enforcement safety device may be introduced as evidence in any other 74
civil or criminal proceedings. 75
(h) A recorded image produced by a n automated traffic 76
enforcement safety device shall be destroyed (1) ninety days after the 77
date of the alleged violation if a summons is not issued for such 78
alleged violation pursuant to subsection (c) of this section, or (2) upon 79
final disposition of the case to which it pertains if a summons is issued 80
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for such alleged violation pursuant to subsection (c) of this section. 81
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Statement of Purpose:
To allow the use of automated traffic enforcement safety devices
within highway work zones.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: REP. MORIN, 28th Dist.; REP. HADDAD, 54th Dist.
REP. WINKLER, 56th Dist.; REP. ELLIOTT, 88th Dist.
REP. D'AGOSTINO, 91st Dist.; SEN. MARONEY, 14th Dist.
REP. REYES, 75th Dist.
H.B. 6392