The use of traffic control photographic systems to monitor intersections, imposing liability on the owners of vehicles involved in traffic control signal violations, and providing a penalty

With exceptions, the vehicle owner is subject to a forfeiture for the red light violation detected by a TCPS, but if the vehicle owner successfully asserts certain defenses, the lessee or operator of the vehicle is subject to a forfeiture for the violation. The bill requires the ordinance to include a provision that allows a traffic officer employed by the county or municipality to issue a citation to the owner of a vehicle for a red light violation that is detected by a TCPS or, in limited circumstances, to the operator of such a vehicle. The ordinance must require the local authority to provide to the owner, or in limited circumstances the lessee or operator, of the vehicle, by personal service or certified mail, the traffic citation and a duplicate of the photograph, video, or digital image of the vehicle failing to stop at a red traffic signal. The ordinance also must require that any photograph or other image produced by the TCPS be focused on the rear license plate of the vehicles moving through an intersection. The governing body of a county or municipality that uses a TCPS is required to place signs near the limits of the county or municipality on all county trunk highways and connecting highways under its jurisdiction informing motorists that intersections in the county or municipality may be monitored by traffic control photographic systems.

If an owner is issued a traffic citation for a violation of the local ordinance, it is not a defense that the owner was not in control of the vehicle at the time of the violation, except that the owner may assert the following defenses:

1. The vehicle was reported stolen before the violation occurred or within five business days after the violation occurred.

2. If the vehicle is owned by, and registered in the name of, a lessor, a lessee who is identified by the lessor had possession of the vehicle at the time of the traffic signal violation. The lessee may be issued a citation for the red light violation.

3. If the vehicle is owned by a motor vehicle dealer, the vehicle was being operated by another person on a trial run and the dealer provided a traffic officer with the person's name, address, and operator's license number. The vehicle operator may be issued a citation for the red light violation.

4. Any other defense established by the county or municipality that is specified in the ordinance.

Except for the service requirements described above, the procedure applicable to citations for red light violations detected by a TCPS is the same as that applicable to citations for nonmoving traffic violations (parking tickets), including potential vehicle registration suspension for unpaid citations. A person convicted of a red light violation detected by a TCPS is subject to a forfeiture of not more than $50 but is not subject to additional surcharges, costs, or fees. The person's operating privilege may not be suspended or revoked and the person may not be assessed any demerit points on his or her driving record.