Report Title:

Automated enforcement devices; prohibition of use

Description:

Prohibits the use of automated enforcement devices to detect violations of traffic regulations except in specified areas.

HOUSE OF REPRESENTATIVES

H.B. NO.

1708

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to prohibiting the use of automated enforcement devices to detect violations of traffic regulations except in specific areas.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. This Act may be cited as the "Anti-Automated Enforcement Act."

SECTION 2. Automated enforcement devices may not be used by state or local law enforcement authorities to determine compliance with any traffic regulations including, but not limited to, official traffic control signals and speed limit restrictions, imposed by chapter 291C of the Hawaii Revised Statutes or local ordinances in conformity therewith except:

(a) in school zones; or

(b) when a law enforcement officer is present with the automated enforcement equipment unit and citations are issued at the general time and place of the infraction.

SECTION 3. For the purpose of this Act, "automated enforcement," means a system operated by a state or local authority or by any entity on behalf of any state or local authority that uses a machine to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle used in committing the violation, the operator of the vehicle or the license plate of the vehicle.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act shall take effect upon its approval.

 

 

 

 

INTRODUCED BY:

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