LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06392-R02-
HB.docx
1 of 4
General Assembly Substitute Bill No. 6392
January Session, 2019
AN ACT CONCERNING HI GHWAY WORK ZONE SAFE TY
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 and 6
allegedly committing a violation specified in subsection (e) of section 7
14-219 of the general statutes, and (2) "highway work zone" and 8
"highway worker" have the same meanings as provided in subsection 9
(a) of section 14-212d of the 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 such 13
installation, operation and maintenance. Such safety devices shall 14
produce one or more recorded images of the number plate of a motor 15
vehicle exceeding the posted speed limit by ten miles per hour or more 16
while in a highway work zone and allegedly committing a violation 17
specified in subsection (e) of section 14-219 of the general statutes. Any 18
recorded image produced by such safety device shall indicate the date, 19
time and location of the alleged violation. 20 Substitute Bill No. 6392
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06392-
R02-HB.docx }
2 of 4
(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 and 33
allegedly committing a violation specified in subsection (e) of section 34
14-219 of the general statutes, an officer of the Division of State Police 35
within the Department of Emergency Services and Public Protection 36
shall review the recorded images provided by such safety device. If, 37
after such review, such officer determines that there are reasonable 38
grounds to believe that a violation has occurred, such officer may 39
authorize the issuance of a summons for the alleged violation. If such 40
officer authorizes the issuance of a summons for the alleged violation, 41
the Division of State Police shall, not later than ten days after the 42
alleged violation, mail a summons to the registered owner of the motor 43
vehicle together with a copy of the recorded images. Any person who 44
receives a summons pursuant to this subsection shall follow the 45
procedures set forth in 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
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 specified in subsection (e) of section 14-219 52 Substitute Bill No. 6392
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06392-
R02-HB.docx }
3 of 4
of the general statutes that is detected and recorded by an automated 53
traffic enforcement safety device, including, but not limited to, that (1) 54
the 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 took place during a 57
period of time in which the motor vehicle had been reported as being 58
stolen to a law enforcement unit, as defined in section 7-294a of the 59
general statutes, and had not been recovered prior to the time of the 60
violation, (4) the operator was convicted of committing a violation 61
specified in subsection (e) of section 14-219 of the general statutes 62
while in a highway work zone for the same incident based upon a 63
separate and distinct summons issued by an officer, as defined in 64
section 14-1 of the general statutes, (5) the owner was not operating the 65
motor vehicle at the time of the violation, or (6) the violation was 66
necessary in order for the operator to comply with any other general 67
statute or regulation concerning the operation of a motor vehicle. 68
(f) No person shall be subject to prosecution for committing a 69
violation specified in subsection (e) of section 14-219 of the general 70
statutes that is detected and recorded by an automated traffic 71
enforcement safety device and section 14-212d of the general statutes 72
because of the same offense. 73
(g) No recorded image produced by a n automated traffic 74
enforcement safety device may be introduced as evidence in any other 75
civil or criminal proceedings. 76
(h) A recorded image produced by a n automated traffic 77
enforcement safety device shall be destroyed (1) ninety days after the 78
date of the alleged violation, if a summons is not issued for such 79
alleged violation pursuant to subsection (c) of this section, or (2) upon 80
final disposition of the case to which it pertains, if a summons is issued 81
for such alleged violation pursuant to subsection (c) of this section. 82 Substitute Bill No. 6392
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-06392-
R02-HB.docx }
4 of 4
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Statement of Legislative Commissioners:
In Subsecs. (a), (b) and (c), "in violation of" was changed to "and
allegedly committing a violation specified in" for accuracy; in Subsec.
(b), "the" was changed to "such" and "of such safety devices" was
deleted for conciseness and "alleged" was inserted before "violation"
for accuracy; in Subsec. (e), "of" was changed to "specified" for
accuracy and "was incurred" was changed to "took place" for clarity;
and in Subsecs. (e) and (f), "a violation of" was changed to "committing
a violation specified in" for accuracy.
TRA Joint Favorable Subst. -LCO