SCS/SB 340 - This act authorizes the City of St. Louis to adopt ordinances to use automated traffic control systems. The ordinance must provide that: (1) The owner of the vehicle shall be given notice of a violation within 30 days of its occurrence. The notice shall include copies of any photos, videotape or other recorded images generated by the automated traffic control system;
(2) The owner shall be responsible for the violation unless the owner can furnish evidence that the vehicle was in the care or control of another person. The owner can submit an affidavit stating that another person was in control of the vehicle or that the vehicle was stolen at the time of the violation.
If conclusive evidence is submitted that another person was in control of the vehicle, then a citation may be issued to the person identified in the affidavit.
Under this act, advance warning signs must be posted not more than 300 feet from the location of the automated traffic control system location.
A violation detected by an automated traffic control system shall be deemed a noncriminal violation. A civil penalty of $50 shall be assessed and no points shall be assessed against the owner's driver's license. A person who possesses a commercial drivers license or is operating a commercial motor vehicle at the time of the violation, however, shall have such conviction posted or affixed on his or her driver's record in order to ensure compliance with federal law.
If a violation detected by an automatic traffic control system involves a rental vehicle and the vehicle is rented, leased, or the use of such vehicle is otherwise granted to another person at the time the violation occurred, the rental, leasing, or fleet company may rebut the presumption by providing the city of St. Louis a copy of the rental, lease, or other agreement in effect at the time the violation occurred.
The act provides that St. Louis may enter into an agreement with private vendors to perform operational and administrative tasks associated with such systems. Any compensation paid to vendors shall not be based upon a contingency basis or be based upon revenues generated from the use of such a system.
The act provides that one year following the adoption of the St. Louis City ordinance, the Department of Public Safety must issue a report as to the effectiveness of the use of such systems and whether such a system should be instituted on a statewide basis.
STEPHEN WITTE