SLS 12RS-644 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 424
BY SENATOR MARTINY
TRAFFIC. Provides relative to speed cameras. (1/1/13)
AN ACT1
To enact Subpart I-1 of Part IV of Chapter 1 of Title 32 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 32:241, relative to traffic violations; to provide3
regarding automated traffic enforcement systems; to require certain procedural4
mechanisms to be in place before civil fines may be imposed; to provide relative to5
fines imposed prior to the effective date of this Act; to define terms; to provide for6
an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Subpart I-1 of Part IV of Chapter 1 of Title 32 of the Louisiana Revised9
Statutes of 1950, to be comprised of R.S. 32:241, is hereby enacted to read as follows: 10
SUBPART I-1. AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS11
ยง241. Traffic violations; civil fines; automated traffic enforcement systems12
A. No governing authority of a local governmental subdivision may13
impose a civil fine for a violation of any traffic law, ordinance, rule, or14
regulation recorded by an automated traffic enforcement system unless the local15
governmental subdivision has an established adjudicatory and appeal process16
for such matters. The defendant shall be made aware of the adjudicatory and17 SB NO. 424
SLS 12RS-644 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
appeal process and his right to confront the witnesses against him in the same1
correspondence that notifies him of the alleged violation. The adjudicatory2
process shall include a trial wherein the burden of proof shall be on the local3
governmental subdivision to prove the violation and the defendant shall be4
allowed the opportunity to confront the witnesses who issued the ticket or5
summons for the violation if the defendant chooses to do so.6
B. Any governing authority which, prior to the effective date of this7
Section, has imposed civil fines for violations of traffic laws, ordinances, rules,8
or regulations captured by an automated traffic enforcement system shall cease9
collecting civil fines for such violations until the imposition of such civil fines10
has been authorized as provided in Subsection A of this Section.11
C. For purposes of this Section, the term "automated traffic12
enforcement system" means a camera or optical device erected alongside a13
public road, street, or highway, or at a traffic light intersection and installed to14
work in conjunction with radar speed detection equipment, and designed to15
photographically record images of the license plate or other identifying features16
of a motor vehicle that is not operated in compliance with instruction of a17
posted speed zone sign. The term shall also mean a camera or optical device that18
is attached to the outside of a vehicle parked along a public road, street, or19
highway and installed to work in conjunction with any radar speed detection20
equipment.21
Section 2. This Act shall become effective on January 1, 2013.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Proposed law prohibits the governing authority of a local governmental subdivision from
imposing a civil fine for violation of any traffic law, ordinance, rule, or regulation captured
by an automated traffic enforcement system, unless the local governmental subdivision has
an established adjudicatory and appeal process for such matters.
Proposed law requires that the defendant be made aware of the adjudicatory and appeal
process and his right to confront witnesses against him in the same correspondence that
notifies him of the alleged violation. Requires that the adjudicatory process include a trial SB NO. 424
SLS 12RS-644 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
wherein the burden of proof is on the local governmental subdivision to prove the violation
and that the defendant be allowed the opportunity to confront the witnesses who issued the
ticket or summons for the violation if he chooses to do so.
Proposed law provides that any governing authority which, prior to January 1, 2013,
imposed civil fines for violations of traffic laws, ordinances, rules, or regulations captured
by an automated traffic enforcement system cease collecting civil fines for such violations
until an adjudicatory and appeal process as required in proposed law is established.
Proposed law defines "automated traffic enforcement system" as a camera or optical device
erected alongside a public road, street, or highway, or at a traffic light intersection and
installed to work in conjunction with radar speed detection equipment, and designed to
photographically record images of the license plate or other identifying features of a motor
vehicle that is not operated in compliance with instruction of a posted traffic sign. Further
provides that it shall also mean a camera or optical device that is attached to the outside of
a vehicle parked along a public road, street, or highway and installed to work in conjunction
with any radar speed detection equipment.
Effective January 1, 2013.
(Adds R.S. 32:241)