SB 23-200

Abstract

The act expands the methods by which the state, a county, a city and county, or a municipality (jurisdiction) may deliver a notice of violation when a traffic violation is detected through the use of an automated vehicle identification system (system) to include not just personal service, but also first-class mail and mail delivery services that are equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price. The act changes the deadline by which a jurisdiction is required to issue and send by mail, personal service, or other delivery service a notice of violation when a traffic violation is detected through the use of a system from 90 days after the violation to: 30 days after the violation if the motor vehicle involved is registered in the state; or 60 days after the violation if the motor vehicle involved is registered outside of the state. The act specifies the information required in a notice of violation and a civil penalty assessment notice. If the registered owner of the vehicle (owner) fails to request a hearing to dispute the alleged violation or fails to pay the civil penalty in full by the deadline stated in the notice, the owner waives the right to contest the violation or amount of the penalty, and the jurisdiction is required to enter a final order of liability against the owner. Any appeal of a final order must be brought in the county court in the county where the alleged violation occurred or the municipal court in the municipality where the alleged violation occurred. The act also stipulates that a jurisdiction may not initiate or pursue a collection action against an owner unless the owner is personally served the notice of violation or the final order of liability. The act requires a jurisdiction implementing a new system after July 1, 2023, to: Announce the implementation of the system through its website for at least 30 days prior to the use of the system; and Issue only warnings for traffic violations detected by the system for the first 30 days after the system is installed or deployed. Current law prohibits a jurisdiction from enforcing a penalty for a violation that is detected using a system unless the violation occurred within a school zone; within a residential neighborhood; within a maintenance, construction, or repair zone; or along a street that borders a municipal park. The act expands this list to include an automated vehicle identification corridor (corridor). A county or municipality may designate all or a portion of a street as a corridor within which the county or municipality may locate a system to detect traffic violations under specified circumstances. Before a county or municipality creates a corridor, it must: Post a permanent sign in a conspicuous place not fewer than 300 feet before the beginning of the corridor and a permanent sign not fewer than 300 feet before each camera within the corridor thereafter or a temporary sign not fewer than 300 feet before any mobile camera; Illustrate, through data collected within the past 5 years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as a corridor; and Coordinate between the local jurisdiction, the department of transportation, and the Colorado state patrol. If a municipality implements a corridor, it must publish a report on its website disclosing the number of citations and revenue generated by the corridor. The act authorizes the state to locate a system on a highway that is a part of the federal interstate highway system but prohibits a county, a city and county, or a municipality from locating a system or creating a corridor on any highway that is a part of the federal interstate highway system. The act prevents a jurisdiction from requiring an owner disclose the identity of a driver of the vehicle who is detected through the use of a system. However, the owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The act permits a jurisdiction to compensate a manufacturer or vendor of system equipment for the value of services provided, in addition to compensating for the value of the system equipment as permitted under current law. The act imposes restrictions on when photographs may be taken by a system and on access to and use of photographs, video, and personally identifiable data created by systems and requires photographs and videos to be destroyed after a specified period, with certain exceptions. The act states that the provisions of current law, as amended by the act, do not apply to the use of systems for the purpose of collecting tolls, fees, or civil penalties on toll highways. APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE June 1, 2024 (Note: This summary applies to this bill as enacted.)