HB1814 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1814 By: McBride of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to mo tor vehicles; creating the
Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act; stating
purpose; authorizing the establishment of automated
traffic control systems by the Department of Public
Safety under certain conditions; requiring certain
evidentiary burden; defining terms; clarifying
penalty for certain traffic violations; requiring
certain information campaign prior to implementation;
requiring certain signage; limiting operation of
automated traffic control systems; lim iting use of
photographs and other recorded images obtained by
automated traffic control systems; making certain
traffic violation convictions contingent on driver
identification; requiring certain information be
clearly visible on photographs and recorded images
generated by the automated traffic control systems;
authorizing certain delivery methods for certain
traffic violation citations; requiring certain
information be clearly visible on certain traffic
violation citations; authorizing certain methods o r
response to citations; limiting liability of vehicle
owner in certain circumstances; providing that
certain photographs and images be admissible in
certain proceedings; providing exception; providing
exemption to the Oklahoma Open Records Act; requiring
certain citations be dismissed in certain
HB1814 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
circumstances; providing criteria to qualify for
citation dismissal; authorizing the promulgation of
administrative rules; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1501 of Title 47, unless
there is created a duplication in numbering, reads as follows:
This act shall be kn own and may be cited as the "Automated
Traffic Control Systems in Highway Construction or Maintenance Zones
Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1502 of Title 47, unless
there is created a duplication in numbering, reads as follows:
The purpose of the Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act is to increase safety in
highway construction or maintenance zones.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1503 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. The Department of Public Safety may establish automated
traffic control systems in construction or maintenance zones
HB1814 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
established by the Department of Transportation or the Oklahoma
Turnpike Authority.
B. Automated traffic control systems shall operate only during
periods when workers are present in the construction or mai ntenance
zone where the system is located.
C. When prosecutions are based upon evidence obtained through
an automated traffic control system established under the provisions
of the Automated Traffic Control Systems in Highway Construction on
Maintenance Zones Act, the State of Oklahoma shall prove that one or
more workers were present in the construction or maintenance zone at
the time the violation, which is the subject of the prosecution,
occurred.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1504 of Title 47, unless
there is created a duplication in numbering, reads as follows:
For purposes of the Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act:
1. "Automated traffic control system" means a photographic
device, radar device, laser device or other electrical or mechanical
device or devices designed to record the speed of a vehicle and
obtain a clear photograph or other recorded image of the vehicle and
the vehicle's license plate while the driver is in violation of
Section 11-806 of Title 47 of the Oklahoma Statutes. Photographs or
other recorded images must display the time, date and location of
HB1814 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the violation. A law enforcement officer is not requ ired to be
present or witness the violation;
2. "Construction or maintenance zone" means an area where the
Department of Transportation or the Oklahoma Turnpike Authority has
determined that the preexisting established speed limit through a
highway construction or maintenance project is greater than is
reasonable or safe with respect to the conditions expected to exist
in the area, and the Department or Authority has posted by
changeable message or other appropriate sign a lower speed limit for
the area; and
3. "Owner" means the person or entity to whom the vehicle is
registered.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1505 of Title 47, unless
there is created a duplication in nu mbering, reads as follows:
The penalty for a traffic violation recorded by an automated
traffic control system shall be the same as otherwise provided by
statute for the violation.
SECTION 6. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 11 -1506 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. Prior to utilizing automated traffic control systems, the
Department of Public Safety shall conduct a public information
HB1814 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
campaign to inform drivers about the use of such systems in highway
construction or maintenance zones.
B. Signs indicating that speeds are enforced by automated
traffic control systems shall be clearly posted in the areas where
such systems are in use.
C. Operation of automated traffic control systems shall be
limited to areas where road construction or maintenance is
occurring.
D. Photographs or other recorded images obtained by automated
traffic control systems shall only be used as evidence in relatio n
to the violation of Section 11 -806 of Title 47 of the Oklahoma
Statutes for which the photograph or other recorded images were
taken.
E. A driver shall not be convicted of a traffic violation
recorded by an automated traffic control system unless the dr iver is
identified through photograph or other recorded images obtained by
the system in relation to the violation.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1507 of Title 47, unle ss
there is created a duplication in numbering, reads as follows:
A. The vehicle, vehicle operator, vehicle license plate, speed,
date, time and location must be clearly visible on the photograph or
other recorded images serving as the basis of a traffic violation
HB1814 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
citation authorized by the provisions of the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones Act.
B. Traffic violation citations authorized by the provisions of
this act shall:
1. Be mailed or otherwise delivered to the registered owner of
the vehicle associated with the violation within fourteen (14)
business days of the alleged violation. If mailed, the citation
shall be sent by certified mail with return receipt requested;
2. Include:
a. the name and address o f the vehicle owner,
b. the license plate number of the vehicle,
c. the offense charged,
d. the time, date and location of the violation,
e. the applicable court date, and
f. notice that the basis of the citation is the
photograph or recorded images from t he automated
traffic control system; and
3. Be accompanied by a written document listing the alleged
violator's rights and obligations and an explanation of how the
alleged violator may elect to pay the fine or challenge the issuance
of the citation.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1508 of Title 47, unless
there is created a duplication in numbering, reads as follows:
HB1814 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. An individual issued a citation under the provision s of this
act may respond to the citation in person or by any other method
allowed by law.
B. The owner of a vehicle shall not be held liable for a
traffic violation recorded by an automated traffic control system if
the driver of the vehicle at the time of the violation cannot be
identified through the photograph or other recorded images obtained
by the system in relation to the violation.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1509 of Title 47, unless
there is created a duplication in numbering, reads as follows:
Except as provided in Section 11 of this act, all photographs
and other recorded images evidencing a violation of Section 11 -806
of Title 47 of the Oklahoma Statutes a re admissible in proceedings
resulting from the issuance of a traffic violation citation
authorized by the Automated Traffic Control Systems in Highway
Construction or Maintenance Zones Act.
SECTION 10. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 11 -1510 of Title 47, unless
there is created a duplication in numbering, reads as follows:
The Oklahoma Open Records Act shall not apply to data,
photographs and other recorded images collected by an automa ted
traffic control device operated pursuant to the provisions of the
HB1814 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Automated Traffic Control Systems in Highway Construction or
Maintenance Zones Act.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 11-1511 of Title 47, unless
there is created a duplication in numbering, reads as follows:
A. A traffic violation citation issued under the provisions of
this act to a vehicle rental or leasing company shall be dismissed
with respect to the r ental or leasing company if:
1. The company responds to the traffic violation citation by
submitting, within thirty (30) days of the mailing of the citation,
an affidavit or nonliability stating that, at the time of the
alleged speeding or other traffic v iolation, the vehicle was in the
custody and control of a renter or lessee under the terms of a
rental agreement or lease; and
2. The company provides the driver license number, name and
address of the renter or lessee.
B. A traffic violation citation di smissed with respect to a
motor vehicle rental or leasing company in accordance with
subsection A of this section may later be issued and delivered by
mail or other means to the renter or lessee identified in the
affidavit of nonliability.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 11 -1512 of Title 47, unless
there is created a duplication in numbering, reads as follows:
HB1814 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The Department of Public Safety shall promulgate rules as
necessary to implement the provisions of the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones Act.
SECTION 13. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated
02/11/2021 - DO PASS, As Amended and Coauthored.