AB402 - Creates a pilot program authorizing the installation and use of automated traffic enforcement systems in temporary traffic control zones. (BDR 43-184)

EXEMPT (Reprinted with amendments adopted on May 29, 2025) SECOND REPRINT A.B. 402 - *AB402_R2* ASSEMBLY BILL NO. 402–ASSEMBLYMEMBER TORRES-FOSSETT MARCH 11, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Creates a pilot program authorizing the installation and use of automated traffic enforcement systems in temporary traffic control zones. (BDR 43-184) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public safety; creating a pilot program authorizing the Department of Transportation, a local authority and a regional transportation commission to allow the installation and use of an automated traffic enforcement system to enforce certain provisions of law; requiring a peace officer of a traffic enforcement agency having jurisdiction over the location of an automated traffic enforcement system to review certain evidence detected by the automated traffic enforcement system before a citation is issued; establishing requirements relating to the issuance of a civil infraction citation based on evidence detected by an automated traffic enforcement system; creating a rebuttable presumption that the registered owner of a vehicle is the driver of the vehicle at the time of a violation detected by an automated traffic enforcement system; requiring the Department to annually compile and submit certain information to the Director of the Legislative Counsel Bureau; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a governmental entity or any agent thereof from using 1 photographic, video or digital equipment to gather evidence in order to issue a 2 traffic citation or civil infraction citation, unless the equipment is: (1) a portable 3 camera or event recording device worn or held by a peace officer; (2) installed 4 within a vehicle or facility of a law enforcement agency; or (3) privately owned by 5 a nongovernmental entity. (NRS 484A.600) Sections 2.1-2.7 of this bill provide an 6 – 2 – - *AB402_R2* exception to this prohibition and create a pilot program authorizing the Department 7 of Transportation, a local authority and a regional transportation commission to 8 allow for the installation and use of an automated traffic enforcement system to 9 enforce certain speed limits in temporary traffic control zones under certain 10 circumstances. Section 2.2 sets forth the conditions for the installation and use of 11 an automated traffic enforcement system and for contracting for such installation 12 and use and requires an entity which installs such a system to, among other things, 13 carry out a public information campaign before commencing any enforcement. 14 Section 2.3 requires a peace officer of a traffic enforcement agency with 15 jurisdiction over the location of the automated traffic enforcement system to review 16 the evidence of a violation detected by an automated traffic enforcement system 17 before a civil infraction citation is issued. Section 2.3 also establishes requirements 18 for the contents and delivery of a civil infraction citation issued based upon 19 evidence collected by an automated traffic enforcement system. Finally, section 2.3 20 creates a rebuttable presumption that the registered owner of a vehicle is the driver 21 of the vehicle at the time of a violation detected by an automated traffic 22 enforcement system and provides a method for rebutting this presumption. 23 Section 2.4 establishes requirements for the storage and transmission of any 24 photograph, recorded image or data created by an automated traffic enforcement 25 system. Section 2.4 also prohibits any entity that manufactures, maintains, 26 produces or provides an automated traffic enforcement system or related services 27 for sale or lease to this State or any political subdivision of this State from 28 contracting to receive payment on the basis of the number of citations issued. 29 Section 2.6 provides that a violation detected by an automated traffic 30 enforcement system is not a moving traffic violation but is punishable by a civil 31 penalty not to exceed $200. Section 2.6 also requires that any funds collected from 32 such civil infractions in excess of the cost and maintenance of the automated traffic 33 enforcement systems be apportioned by the board of county highway 34 commissioners for certain expenses. 35 Section 2.7 requires the Department, a local authority and a regional 36 transportation commission who authorize the installation and use of an automated 37 traffic enforcement system to annually compile certain information and report it to 38 the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim 39 Standing Committee on Growth and Infrastructure. 40 Section 2.8 of this bill prohibits an employer from considering a civil infraction 41 citation issued to an employee pursuant to section 2.3 for the purpose of 42 progressive discipline against such an employee. 43 Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic 44 violations detected by an automated traffic enforcement system from the 45 assessment of demerit points; and (2) provide for the issuance of civil infraction 46 citations for violations detected by an automated traffic enforcement system. 47 Section 5 of this bill also extends the time to respond to such a citation to 120 days. 48 Existing law provides that before a hearing to contest the determination that a 49 person has committed a civil infraction, the person is required to post a bond equal 50 to the amount of the full payment of the monetary penalty, the administrative 51 assessment and any fees specified in the civil infraction citation. (NRS 484A.7041) 52 Section 6 of this bill limits the amount of a bond for a civil infraction citation 53 issued for a violation described in section 2.2 to an amount not to exceed $100. 54 Section 8 of this bill provides that the pilot program expires by limitation on 55 June 30, 2029. 56 – 3 – - *AB402_R2* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 483.473 is hereby amended to read as follows: 1 483.473 1. As used in this section, “traffic violation” means 2 conviction of a moving traffic violation in any municipal court, 3 justice court or district court in this State or a finding by any 4 municipal court or justice court in this State that a person has 5 committed a civil infraction pursuant to NRS 484A.703 to 6 484A.705, inclusive. The term includes a finding by a juvenile court 7 that a child has violated a traffic law or ordinance other than one 8 governing standing or parking. The term does not include [a] : 9 (a) A conviction or a finding by a juvenile court of a violation of 10 the speed limit posted by a public authority under the circumstances 11 described in subsection 1 of NRS 484B.617 [.] ; or 12 (b) A civil infraction citation issued pursuant to NRS 13 484A.7035 for a violation described in section 2.2 of this act. 14 2. The Department shall establish a uniform system of demerit 15 points for various traffic violations occurring within this State 16 affecting the driving privilege of any person who holds a driver’s 17 license issued by the Department and persons deemed to have future 18 driving privileges pursuant to NRS 483.447. The system must be 19 based on the accumulation of demerits during a period of 12 20 months. 21 3. The system must be uniform in its operation, and the 22 Department shall set up a schedule of demerits for each traffic 23 violation, depending upon the gravity of the violation, on a scale of 24 one demerit point for a minor violation of any traffic law to eight 25 demerit points for an extremely serious violation of the law 26 governing traffic violations. If a conviction of two or more traffic 27 violations committed on a single occasion is obtained, points must 28 be assessed for one offense or civil infraction, and if the point values 29 differ, points must be assessed for the offense or civil infraction 30 having the greater point value. Details of the violation must be 31 submitted to the Department by the court where the conviction or 32 finding is obtained. The Department may provide for a graduated 33 system of demerits within each category of violations according to 34 the extent to which the traffic law was violated. 35 Sec. 2. Chapter 484A of NRS is hereby amended by adding 36 thereto the provisions set forth as sections 2.1 to 2.8, inclusive, of 37 this act. 38 Sec. 2.1. As used in sections 2.1 to 2.8, inclusive, of this act, 39 unless the context otherwise requires, “automated traffic 40 enforcement system” means a manned or unmanned stationary 41 electronic or digital system which creates a photograph or other 42 – 4 – - *AB402_R2* recorded image of a vehicle and vehicle license plate which is used 1 as evidence of a violation of a traffic law by the driver of the 2 vehicle. Such a photograph or other recorded image must not 3 reveal the face of the driver or any other passenger in the vehicle. 4 Sec. 2.2. 1. The Department of Transportation, a local 5 authority and a regional transportation commission as defined in 6 NRS 482.1825 may, except as otherwise provided in subsection 4, 7 authorize the installation and use of an automated traffic 8 enforcement system to enforce any rate of speed which is 10 miles 9 per hour or more over the posted speed limit: 10 (a) In an area designated as a temporary traffic control zone 11 in which construction, maintenance or repair of a highway is 12 conducted; and 13 (b) At a time when the workers who are performing the 14 construction, maintenance or repair of the highway are present. 15 2. An automated traffic enforcement system must be 16 accompanied by warning signs installed at the entry point of the 17 temporary traffic control zone. The Department shall adopt 18 regulations setting forth standards for such warning signs, 19 including, without limitation: 20 (a) A statement that an automated traffic enforcement system 21 is in use; 22 (b) A statement of the speed limit; and 23 (c) A display which alerts drivers of their current speed. 24 3. The Department, a local authority or a regional 25 transportation commission as defined in NRS 482.1825 shall 26 solicit bids for a contract for the installation and use of an 27 automated traffic enforcement system pursuant to the provisions 28 of chapter 332 or 333 of NRS. The contract must require the 29 number of citations issued during the use of the automated traffic 30 enforcement system in a temporary traffic control zone to be 31 tracked and reported to the Department, local authority or 32 regional transportation commission, as applicable. 33 4. Before commencing any enforcement, including the 34 issuance of a civil infraction citation pursuant to NRS 484A.7035 35 for a violation described in this section, the Department, a local 36 authority or a regional transportation commission as defined in 37 NRS 482.1825 that installs an automated traffic enforcement 38 system shall establish and carry out a public information 39 campaign to: 40 (a) Raise public awareness of the proposed use of an 41 automated traffic enforcement system not less than 30 days before 42 commencing any enforcement; and 43 (b) Inform the public of the date upon which enforcement will 44 begin. 45 – 5 – - *AB402_R2* Sec. 2.3. 1. Before a civil infraction citation is issued 1 pursuant to NRS 484A.7035 for a violation described in section 2 2.2 of this act, the evidence of the violation from the automated 3 traffic enforcement system must be reviewed for accuracy by a 4 peace officer of a traffic enforcement agency with jurisdiction over 5 the location of the automated traffic enforcement system. 6 2. If after reviewing the evidence described in subsection 1, 7 the peace officer determines that a violation described in section 8 2.2 of this act occurred, the peace officer shall cause a civil 9 infraction citation to be issued pursuant to NRS 484A.7035. The 10 citation must be sent by the traffic enforcement agency described 11 in subsection 1 or its designee by first class mail to the address 12 listed with the Department of Motor Vehicles for the registered 13 owner of the vehicle identified by the automated traffic 14 enforcement system. 15 3. A manual or automated record prepared by a traffic 16 enforcement agency described in subsection 1 or its designee in 17 the ordinary course of business shall be prima facie evidence of 18 mailing and service, and is admissible in any hearing as to the 19 facts contained in the civil infraction citation. 20 4. In addition to the information required pursuant to 21 subsection 1 of NRS 484A.7035, a civil infraction citation issued 22 pursuant to NRS 484A.7035 for a violation described in section 23 2.2 of this act must include: 24 (a) The date and time of the violation; 25 (b) An image taken by the automated traffic enforcement 26 system showing the vehicle and vehicle license plate involved in 27 the violation or the address of the Internet website on which such 28 an image may be viewed; and 29 (c) A statement summarizing the provisions of subsection 5. 30 5. The registered owner of a vehicle is presumed to be the 31 driver of the vehicle at the time of a violation described in section 32 2.2 of this act was detected by an automated traffic enforcement 33 system. Such an inference may be rebutted if the registered owner 34 of the vehicle presents as evidence at a hearing held pursuant to 35 subsection 3 of NRS 484A.704, an affidavit stating: 36 (a) The name and address of the person having care, custody 37 and control of the vehicle at the time of the violation; or 38 (b) That the vehicle was, at the time of the violation, stolen. 39 Such an affidavit must be accompanied by evidence that supports 40 the affidavit, including, without limitation, a police report or an 41 insurance report. 42 Sec. 2.4. 1. Any photograph, recorded image or data 43 created by an automated traffic enforcement system: 44 – 6 – - *AB402_R2* (a) Must only be stored and disseminated by the traffic 1 enforcement agency that issued the civil infraction citation 2 pursuant to NRS 484A.7035 for [Text truncated for display. Full text available on LegiScan.]