SB415 - Authorizes the installation and use of an automated traffic enforcement system under certain circumstances. (BDR 43-422)

S.B. 415 - *SB415* SENATE BILL NO. 415–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON GROWTH AND INFRASTRUCTURE) MARCH 20, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Authorizes the installation and use of an automated traffic enforcement system under certain circumstances. (BDR 43-422) 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; authorizing the installation and use of an automated traffic enforcement system by a governmental entity under certain circumstances; setting forth the requirements for the installation and use of an automated traffic enforcement system; establishing provisions governing the issuance of a civil infraction citation based on evidence detected by an automated traffic enforcement system; requiring the Department of Transportation to adopt certain regulations; requiring the Advisory Committee on Traffic Safety to provide certain recommendations to the Department; prohibiting an insurer from increasing rates for motor vehicle insurance under certain circumstances; 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 and 3 of this bill create an 6 exception to this prohibition, authorizing a governmental entity to allow for the 7 – 2 – - *SB415* installation and use of an automated traffic enforcement system to enforce 8 provisions of law governing speeding and obedience to traffic-control devices 9 under certain circumstances. Specifically, section 2 requires the governmental 10 entity to: (1) make certain findings about the location where the automated traffic 11 enforcement system will be installed; (2) provide for or undertake a public 12 information campaign about the automated traffic enforcement system; and (3) 13 comply with certain regulations required to be adopted by the Department of 14 Transportation related to automated traffic enforcement system and warning signs. 15 Section 7 of this bill requires the Advisory Committee on Traffic Safety to provide 16 recommendations to the Department related to these regulations. 17 If a governmental entity authorizes the installation and use of an automated 18 traffic enforcement system, section 2 requires a peace officer of a law enforcement 19 agency with jurisdiction over the location of the automated traffic enforcement 20 system to review the evidence of a violation detected by an automated traffic 21 enforcement system before a civil infraction citation is issued. Section 2 also 22 establishes requirements for the contents and delivery of the civil infraction citation 23 issued based upon evidence collected by an automated traffic enforcement system. 24 Section 2 creates a rebuttable presumption that the registered owner of a vehicle is 25 the driver of the vehicle at the time of a violation detected by an automated traffic 26 enforcement system and provides a method for rebutting this presumption. 27 Section 2 provides that a violation detected by an automated traffic 28 enforcement system is not a moving traffic violation but is punishable by a civil 29 penalty. Additionally, section 2 requires money received from such civil penalties 30 to be used for certain purposes related to defraying the costs of the automated 31 traffic enforcement system. Section 6 of this bill makes a conforming change 32 related to the deposit of money received from such civil penalties. 33 Sections 1, 4 and 5 of this bill make conforming changes to: (1) exclude traffic 34 violations detected by an automated traffic enforcement system from an assessment 35 of demerit points; and (2) provide for the issuance of a civil infraction citation for 36 violations detected by an automated traffic enforcement system. 37 Existing law prohibits an insurer from increasing insurance rates or cancelling 38 or refusing to renew an insurance policy if a juvenile court enters a conviction or 39 finding of certain violations relating to speeding. (NRS 690B.028) Section 8 of this 40 bill additionally prohibits a civil infraction citation issued for a violation detected 41 by an automated traffic enforcement system from being used for such purposes. 42 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 – 3 – - *SB415* (b) A civil infraction citation issued for a violation detected by 1 an automated traffic enforcement system pursuant to section 2 of 2 this act. 3 2. The Department shall establish a uniform system of demerit 4 points for various traffic violations occurring within this State 5 affecting the driving privilege of any person who holds a driver’s 6 license issued by the Department and persons deemed to have future 7 driving privileges pursuant to NRS 483.447. The system must be 8 based on the accumulation of demerits during a period of 12 9 months. 10 3. The system must be uniform in its operation, and the 11 Department shall set up a schedule of demerits for each traffic 12 violation, depending upon the gravity of the violation, on a scale of 13 one demerit point for a minor violation of any traffic law to eight 14 demerit points for an extremely serious violation of the law 15 governing traffic violations. If a conviction of two or more traffic 16 violations committed on a single occasion is obtained, points must 17 be assessed for one offense or civil infraction, and if the point values 18 differ, points must be assessed for the offense or civil infraction 19 having the greater point value. Details of the violation must be 20 submitted to the Department by the court where the conviction or 21 finding is obtained. The Department may provide for a graduated 22 system of demerits within each category of violations according to 23 the extent to which the traffic law was violated. 24 Sec. 2. Chapter 484A of NRS is hereby amended by adding 25 thereto a new section to read as follows: 26 1. A governmental entity may authorize the installation and 27 use of an automated traffic enforcement system to enforce the 28 provisions of NRS 484B.300, 484B.307 and 484B.600, and any 29 corresponding traffic regulation, as provided in this section. 30 2. Before a governmental entity may authorize the 31 installation and use of an automated traffic enforcement system, 32 the governmental entity must make a finding that each location 33 selected for the use of the automated traffic enforcement system is 34 a location where: 35 (a) Traditional traffic enforcement methods have failed to 36 deter violations described in subsection 1; 37 (b) There is a high rate of violations described in subsection 1; 38 or 39 (c) There is a high rate of traffic crashes because of violations 40 described in subsection 1. 41 3. An automated traffic enforcement system may not be used 42 to enforce violations described in subsection 1 unless: 43 (a) The governmental entity that authorized the installation 44 and use of the automated traffic enforcement system provides for 45 – 4 – - *SB415* or undertakes, not less than 30 days before any civil infraction 1 citation is issued for a violation described in subsection 1 which is 2 detected by the automated traffic enforcement system, a public 3 information campaign designed to inform persons of the presence 4 of the automated traffic enforcement system; 5 (b) The automated traffic enforcement system meets the 6 requirements for such a system set forth in regulations adopted by 7 the Department of Transportation; and 8 (c) There are warning signs installed not more than 300 feet 9 from the location of the automated traffic enforcement system. 10 The signs must meet the requirements for such signs set forth in 11 regulations adopted by the Department of Transportation. 12 4. Before a civil infraction citation is issued pursuant to NRS 13 484A.7035 for a violation described in subsection 1 which was 14 detected by an automated traffic enforcement system, the evidence 15 of the violation from the automated traffic enforcement system 16 must be reviewed for accuracy by a peace officer of a law 17 enforcement agency with jurisdiction over the location of the 18 automated traffic enforcement system. 19 5. A civil infraction citation issued pursuant to NRS 20 484A.7035 for a violation described in subsection 1 which was 21 detected by an automated traffic enforcement system must be sent 22 by the law enforcement agency described in subsection 4 by first 23 class mail to the address listed with the Department for the 24 registered owner of the vehicle identified by the automated traffic 25 enforcement system. 26 6. In addition to the information required pursuant to 27 subsection 1 of NRS 484A.7035, a civil infraction citation issued 28 pursuant to NRS 484A.7035 for a violation described in subsection 29 1 which was detected by an automated traffic enforcement system 30 must include: 31 (a) The date and time of the violation; 32 (b) An image taken by the automated traffic enforcement 33 system showing the vehicle and vehicle license plate involved in 34 the violation or the address of the Internet website on which such 35 an image may be viewed; and 36 (c) A statement summarizing the provisions of subsection 7. 37 7. The registered owner of a vehicle is presumed to be the 38 driver of the vehicle at the time of a violation described in 39 subsection 1 which was detected by an automated traffic 40 enforcement system. Such a presumption may be rebutted if the 41 registered owner of the vehicle presents as evidence at a hearing 42 held pursuant to subsection 3 of NRS 484A.704, an affidavit 43 stating: 44 – 5 – - *SB415* (a) The name and address of the person having care, custody 1 and control of the vehicle at the time of the violation; or 2 (b) That the vehicle, at the time of the violation, was stolen. 3 Such an affidavit must be accompanied by evidence that supports 4 the affidavit, including, without limitation, a police report or an 5 insurance report. 6 8. If a civil infraction citation is issued pursuant to NRS 7 484A.7035 for a violation described in subsection 1 which was 8 detected by an automated traffic enforcement system, the 9 violation: 10 (a) Is not a moving traffic violation under NRS 483.473; and 11 (b) Is punishable by a civil penalty of not more than $100. 12 9. Any money collected as a civil penalty pursuant to 13 paragraph (b) of subsection 8 must be accounted for separately in 14 the county or city treasury or State General Fund, as applicable, to 15 the law enforcement agency described in subsection 4 and used to 16 defray the cost of: 17 (a) Installing and operating an automated traffic enforcement 18 system, including, without limitation, the costs of administering 19 the provisions of this section; and 20 (b) Traffic safety programs, including, without limitation, 21 pedestrian safety programs, traffic enforcement and intersection 22 improvements related to traffic safety. 23 10. The provisions of this section do not prohibit a peace 24 officer from issuing a civil infraction citation for a violation of 25 any law of this State at the place where an automated traffic 26 enforcement system is installed and in use if the peace officer 27 witnesses a violation. A person who is given a civil infraction 28 citation by a peace officer pursuant to this subsection must not be 29 issued a civil infraction citation based on evidence from the 30 automated traffic enforcement system for the same violation for 31 which the peace officer issued the person the civil infraction 32 citation. 33 11. The Department of Transportation shall adopt 34 regulations setting forth requirements for an automated traffic 35 enforcement system. Such regulations must include, without 36 limitation: 37 (a) Standards for any photographic and other equipment used; 38 (b) The minimum yellow light duration required at an 39 intersection where an automated traffic enforcement system is 40 used to enforce the provisions of NRS 484B.600; and 41 (c) Standards for warning signs required by subsection 3. 42 12. As used in this section: 43 (a) “Automated traffic enforcement system” means a 44 stationary electronic or digital system which creates a photograph 45 – 6 – - *SB415* or other recorded image of a vehicle and a vehicle license plate 1 which is used as evidence of a violation of a traffic law by the 2 driver of the vehicle. Such a photograph or other recorded image 3 must not include any depiction of the driver of the vehicle. 4 (b) “Corresponding traffic regulation” means a traffic 5 regulation enacted by ordinance by the governing body of a city or 6 county pursuant to NRS 484A.400 that prohibits the same conduct 7 prohibited by NRS 484B.300, 484B.307 or 484B.600, respectively. 8 (c) “Governmental entity” means: 9 (1) The governing body of a city or county; or 10 (2) The Department of Public Safety. 11 Sec. 3. NRS 484A.600 is hereby amended to read as follows: 12 484A.60 [Text truncated for display. Full text available on LegiScan.]