S 155

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1S.155
2 Introduced by Senators Gulick, Brock, Chittenden, Hardy, Lyons, Major,
3Plunkett, Weeks and White
4 Referred to Committee on
5 Date:
6 Subject: Motor vehicles; traffic enforcement; traffic violations; moving
7violations; automated law enforcement; traffic cameras; automated
8license plate recognition systems; automated traffic law enforcement
9systems
10 Statement of purpose of bill as introduced: This bill proposes to authorize
11 municipal law enforcement agencies to utilize automated traffic law
12 enforcement in municipal work zones and at locations with an increased
13 incidence of crashes or speeding, or both until July 1, 2027.
14    An act relating to the use of automated traffic law enforcement (ATLE)
15    systems by municipalities
16 It is hereby enacted by the General Assembly of the State of Vermont:
17 Sec. 1. PURPOSE
18    The purpose of this act is to improve municipal work crew safety and
19 reduce traffic crashes by enabling municipal law enforcement agencies to
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1 participate in the automated traffic law enforcement (ATLE) pilot program
2 established by 2024 Acts and Resolves No. 135.
3 Sec. 2. 23 V.S.A. § 1606 is amended to read:
4 § 1606. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS;
5SPEEDING
6    (a) Use. Deployment of ATLE systems on behalf of the Agency of
7 Transportation or a municipal law enforcement agency by a third party
8 pursuant to subsection (b) of this section is intended to investigate the benefits
9 of automated law enforcement for speeding violations as a way to improve
10 work crew safety and reduce traffic crashes resulting from an increased
11 adherence to traffic laws achieved by effective deterrence of potential
12 violators, which could not be achieved by traditional law enforcement methods
13 or traffic calming measures, or both. Deployment of ATLE systems on behalf
14 of the Agency and municipal law enforcement agencies is not intended to
15 replace law enforcement personnel, nor is it intended to mitigate problems
16 caused by deficient road design, construction, or maintenance.
17    (b) Vendor.
18***
19(2) A municipal law enforcement agency may enter into a contract with
20 a third party for the operation and deployment of ATLE systems on behalf of
21 the municipal law enforcement agency.
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1(3) The Agency or a municipal law enforcement agency, in consultation
2 with the Department of Public Safety, may require the vendor to maintain a
3 storage system to store any recorded images or other data collected by the
4 ATLE system. Any storage system shall adhere to the use, retention, and
5 limitation requirements pursuant to this section.
6    (c) Locations. An ATLE system may only be utilized:
7(1) at a location in the vicinity of a work zone that is located on either a
8 limited-access highway under the jurisdiction of the Agency of Transportation
9 and that is selected by the Agency or on a highway within the jurisdiction of a
10 municipal law enforcement agency that is selected by the law enforcement
11 agency, provided that:
12(1)(A)(i) for a location selected by the Agency of Transportation, the
13 Agency shall document through an appropriate engineering analysis that the
14 location meets highway standards; or
15(ii) for a location selected by a municipal law enforcement agency,
16 the municipal law enforcement agency shall confirm through an appropriate
17 engineering analysis that the location meets highway standards;
18(2)(B) the ATLE system is not used as a means of combating
19 deficiencies in roadway design or environment;
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1(3)(C) at least two signs notifying members of the traveling public of the
2 use of an ATLE system are in place before any recorded images or other data
3 is collected by the ATLE system;
4(4)(D) there is a sign at the end of the work zone;
5(5)(E) the ATLE system is only in operation when workers are present
6 in the work zone and at least one of the signs required under subdivision (3) of
7 this subsection (c) indicates whether the ATLE system is currently in
8 operation; and
9(6)(F) there is notice of the use of the ATLE system on the Agency’s
10 website or, for a municipal work zone, on the Agency’s and municipality’s
11 websites, including the location and typical hours when workers are present
12 and the ATLE system is in operation; and
13(2) at additional locations with a high incidence of crashes or speeding,
14 or both, if the municipal law enforcement agency with jurisdiction over the
15 location determines, in its sole discretion, that it may be impractical or unsafe
16 to utilize traditional law enforcement methods or that the use of traditional law
17 enforcement personnel has failed to deter violators, provided that:
18(A) the municipal law enforcement agency confirms, through a traffic
19 engineering analysis of the proposed location, that the location meets highway
20 safety standards;
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1(B) the ATLE system is not used as a means of combating
2 deficiencies in roadway design or environment;
3(C) at least two signs notifying members of the traveling public of the
4 use of an ATLE system are in place before any recorded images or other data
5 is collected by the ATLE system; and
6(D) there is notice of the use of the ATLE system, including its
7 location, on the Agency of Transportation’s and the municipality’s websites.
8    (d) Daily log.
9***
10(2) The daily log shall be retained for not fewer than three years by the
11 Agency or the municipal law enforcement agency, as appropriate, and be
12 admissible in any proceeding for a violation involving ATLE systems
13 deployed on behalf of the Agency or the municipal law enforcement agency.
14    (e) Annual calibration. All ATLE systems shall undergo an annual
15 calibration check performed by an independent calibration laboratory. The
16 calibration laboratory shall issue a signed certificate of calibration after the
17 annual calibration check, which shall be retained for not fewer than three years
18 by the Agency or the municipal law enforcement agency, as appropriate, and
19 be admissible in any proceeding for a violation involving the ATLE system.
20***
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1    (k) Review process and annual report.
2(1) The Agency of Transportation, in consultation with the Department
3 of Public Safety, shall establish a review process to ensure that recorded
4 images are used only for the purposes permitted by this section. The Agency
5 of Transportation shall report the results of this review annually on or before
6 January 15 to the Senate and House Committees on Judiciary and on
7 Transportation. The report shall contain the following information based on
8 prior calendar year data:
9(A) the total number of ATLE systems units being operated in the
10 State on behalf of the Agency in the State and on behalf of municipal law
11 enforcement agencies;
12(B) the terms of any contracts entered into with any vendors for the
13 deployment of ATLE on behalf of the Agency or on behalf of municipal law
14 enforcement agencies;
15(C) all of the locations where an ATLE system was deployed along
16 with the dates and hours that the ATLE system was in operation;
17(D) the number of violations issued based on recorded images and
18 the outcomes of those violations by category, including first, second, and third
19 and subsequent violations and contested violations;
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1(E) the number of recorded images the Agency and municipal law
2 enforcement agencies submitted to the automated traffic law enforcement
3 storage system;
4(F) the total amount paid in civil penalties; and
5(G) any recommended changes for the use of ATLE systems in
6 Vermont.
7***
8 Sec. 3. EFFECTIVE DATE
9   This act shall take effect on passage.
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