Red Light Bill June, 2013

Red Light Bill Allows for the use of Local Hearing Officers to conduct hearings for Notices of Violations. Counties and cities may use its currently appointed code enforcement board or special magistrates to serve as the Local Hearing Officer. If a penalty is imposed, the local hearing officer could also order the payment of county or municipal costs not to exceed $250. Impact: This allows for an administrative process which takes these Notices of Violations out of the Clerks’ offices altogether.

Red Light Bill  A Notice of Violation or Traffic Citation may not be issued if the driver of the vehicle came to a complete stop after crossing the stop line and before turning right if permissible at a red light, but failed to stop before crossing over the stop line or other point at which the stop is required.  Impact: This will cut down dramatically on the number of Notices issued as many of these were for turning on red.

Red Light Bill Within 30 days after a violation, notice must be sent to the registered owner and that violator must pay the $158 penalty or furnish an affidavit or request a hearing within 60 days to avoid receiving a traffic citation. Impact: This gives the registered owner the opportunity to request a hearing and to do so within 60 days, instead of 30 days. A traffic citation could not be issued if the request for hearing is made during the defect in the previous law which did not provide a payment mechanism before the violation turning into a citation with the higher amount.

Red Light Bill The Notice of Violation must contain information directing the person to a website that provides information on that person’s right to request a hearing and a form for requesting the hearing. Impact: Will clearly provide information to violators on how to proceed and avoid all of the confusion which citizens previously had to endure.

Red Light Bill If a person receiving a Notice of Violation requests a hearing, they waive any later challenge to the delivery of the Notice of Violation. Similarly, if a person requests a hearing on the traffic citation, they waive the right to challenge the delivery of the traffic citation. Impact: This will avoid people coming later and saying that there was a defect with the Notice of Violation or Traffic Citation.

Red Light Bill A traffic citation shall be issued to the registered owner only when payment has not been made within 60 days after notification, if the registered owner has not requested a hearing, or if they have not submitted an affidavit. Impact: This avoids the confusion to citizens who were previously receiving a traffic citation before being able to properly dispose of the Notice of Violation.

Red Light Bill Upon receipt of an affidavit, the person designated as having care, custody, or control (driver) of the motor vehicle at the time of the Violation may be issued a Notice of Violation rather than a Traffic Citation. That person can then challenge the violation payment of the violation or by requesting a hearing. Impact: This cures the defect for the driver of the car to be able to challenge the violation at the $158 rate where previously they could only challenge the Traffic Citation at the higher rate.

Red Light Bill The county or city shall designate by resolution existing staff to serve as the clerk to the local hearing officer who will schedule all hearings and notify the DHSMV if a person fails to comply. If a failure to comply is reported, the person may not be issued a revalidation sticker for any motor vehicle owned or co-owned until the amounts assessed have been paid. Impact: This takes the Clerk of Court completely out of the process.

Red Light Bill If a person provides documentation from the appropriate governmental entity that the Notice of Violation or Traffic Citation was in error, the Clerk of Court or the clerk of the local hearing officer may dismiss the case and shall not charge for this service. Impact: Bill does not reference type of error which would bring about such a dismissal, but this would be rare and can be handled on a case by case basis.