Louisiana 2017 2017 Regular Session

Louisiana Senate Bill SB154 Engrossed / Bill

                    SLS 17RS-382	ENGROSSED
2017 Regular Session
SENATE BILL NO. 154
BY SENATOR CARTER 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRAFFIC.  Requires posting notification of speed camera location. (8/1/17)
1	AN ACT
2 To enact R.S. 32:45, relative to traffic; to require posting notification of a mobile and fixed
3 location speed camera; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1.  R.S. 32:45 is hereby enacted to read as follows: 
6 ยง45. Required notification for mobile and fixed location speed camera
7	A. Local municipal authorities or local parish authorities shall post signs
8 indicating that a mobile and fixed location speed camera is present. The sign
9 shall be posted no less than two hundred fifty feet and no more than five
10 hundred feet of the location of each mobile and fixed location speed camera in
11 such a manner as to be clearly visible, not obstructed by any barrier,
12 equipment, vegetation, or other object, and can be easily viewed by traffic
13 approaching the speed camera. The sign shall comply with the current manual
14 and specifications adopted by the Department of Transportation and
15 Development pursuant to R.S. 32:235.
16	B.(1) Failure of a municipal or parish authority to comply with
17 Subsection A of this Section shall prohibit the use of any photographic or video
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 154
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1 images collected by the speed camera to impose or collect any civil or criminal
2 fine, fee, or penalty by or on behalf of the municipal or parish authority.
3	(2) In any proceeding to collect a civil or criminal fine, fee, or penalty by
4 or on behalf of a municipal or parish authority, a rebuttable presumption shall
5 exist that signs were posted in accordance with Subsection A of this Section.
6	C. For the purposes of this Section, "mobile and fixed location speed
7 camera" means a device designed to collect photographic or video evidence of
8 an alleged violation of a posted speed limit by recording images that depict the
9 license plate or other identifying feature of a motor vehicle that is not operated
10 in compliance with a posted speed limit sign.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 154 Engrossed 2017 Regular Session	Carter
Present law authorizes local governing authorities to enact ordinances regulating the
movement of traffic and other similar rules and regulations.
Proposed law requires local municipal or parish governing authorities to post signs
indicating that a mobile and fixed location speed camera is present. Requires posting the sign
no less than 250 feet and no more than 500 feet from the location of each speed camera.
Requires that the sign be posted in a manner to be clearly visible to traffic approaching the
speed camera. Requires that the sign comply with the current manual and specifications
adopted by DOTD pursuant to R.S. 32:235.
Proposed law provides that the failure of a municipal or parish authority to comply shall
prohibit the use of any photographic or video images collected by the speed camera to
impose or collect any civil or criminal fine, fee, or penalty by or on behalf of the municipal
or parish authority.
Proposed law provides that in any proceeding to collect a civil or criminal fine, fee, or
penalty on behalf of the municipality or parish there is a rebuttable presumption that the
signs were posted as required.
Proposed law defines a speed camera as a device installed at an intersection designed to
collect photographic or video evidence of alleged speed limit violation by recording images
that depict the license plate or other identifying features of a motor vehicle being operated
out of compliance with instruction of a posted speed limit sign.
Effective August 1, 2017.
(Adds R.S. 32:45)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 154
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Adds that sign shall be posted no less than 250 and no more than 500 feet of
the location of the speed camera.
2. Adds that sign shall comply with the current manual and specifications
adopted by DOTD pursuant to R.S. 32:235.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.