| Comments: Keywords: Translation Date:09/30/2004 Translation
Time:12:04:19 40-6-20 -->
40-6-20.
(a) The driver of any vehicle shall obey the instructions of
an official traffic-control device applicable thereto, placed in
accordance with this chapter, unless otherwise directed by a police
officer, subject to the exceptions granted the driver of an
authorized emergency vehicle in this chapter. A violation of this
subsection shall be a misdemeanor, except as otherwise provided by
subsection (f) of this Code section.
(b) No
provisions of this chapter which require official traffic-control
devices shall be enforced against an alleged violator if at the time
and place of the alleged violation an official device was not in
proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular Code section does not state
that official traffic-control devices are required, such Code
section shall be effective even though no devices are erected or in
place.
(c) Whenever official traffic-control
devices are placed in position approximately conforming to the
requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device
placed pursuant to this chapter and purporting to conform to the
lawful requirements pertaining to such devices shall be presumed to
comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.
(e) The disregard or disobedience of the instructions of any
official traffic-control device or signal placed in accordance with
the provisions of this chapter by the driver of a vehicle shall be
deemed prima-facie evidence of a violation of law, without requiring
proof of who and by what authority such sign or device has been
erected.
(f)(1) As used in this subsection,
the term:
(A) 'Owner' means the registrant
of a motor vehicle, except that such term shall not include a motor
vehicle rental company when a motor vehicle registered by such
company is being operated by another person under a rental agreement
with such company.
(B) 'Recorded images'
means images recorded by a traffic-control signal monitoring device:
(i) On:
(I) Two or
more photographs;
(II) Two or more
microphotographs;
(III) Two or more
electronic images; or
(IV) Videotape;
and
(ii) Showing a traffic-control signal
displaying a CIRCULAR RED or RED ARROW signal along with the rear of
a motor vehicle apparently operated in disregard or disobedience of
such signal and, on at least one image or portion of tape, clearly
revealing the number or other identifying designation of the license
plate displayed on the motor vehicle.
(C)
'Traffic-control signal monitoring device' means a device with one
or more motor vehicle sensors working in conjunction with a
traffic-control signal to produce recorded images of motor vehicles
being operated in disregard or disobedience of a CIRCULAR RED or RED
ARROW signal.
(2) Subsection (a) of this
Code section may be enforced as provided in this subsection pursuant
to the use of traffic-control signal monitoring devices in
accordance with Article 3 of Chapter 14 of this title.
(3) For the purpose of enforcement pursuant
to this subsection:
(A) The driver of a
motor vehicle shall be liable for a civil monetary penalty of not
more than $70.00 if such vehicle is found, as evidenced by recorded
images produced by a traffic-control signal monitoring device, to
have been operated in disregard or disobedience of a CIRCULAR RED or
RED ARROW signal in violation of subsection (a) of this Code section
and such disregard or disobedience was not otherwise authorized by
law;
(B) The law enforcement agency for
which such device is permitted shall send by first-class mail
addressed to the owner of the motor vehicle postmarked not later
than ten days after the date of the alleged violation:
(i) A citation for the violation, which
shall include the date and time of the violation, the location of
the intersection, the amount of the civil monetary penalty imposed,
and the date by which the civil monetary penalty shall be paid;
(ii) A copy of the recorded image;
(iii) A copy of a certificate sworn to or
affirmed by a trained law enforcement officer or a technician
employed by a law enforcement agency for which such device is
authorized and stating that, based upon inspection of recorded
images, the owner´s motor vehicle was operated in
disregard or disobedience of a CIRCULAR RED or RED ARROW signal in
violation of subsection (a) of this Code section and that such
disregard or disobedience was not otherwise authorized by law;
(iv) A statement of the inference provided
by subparagraph (D) of this paragraph and of the means specified
therein by which such inference may be rebutted;
(v) Information advising the owner of the motor vehicle of
the manner and time in which liability as alleged in the citation
may be contested in court; and
(vi) Warning
that failure to pay the civil monetary penalty or to contest
liability in a timely manner shall waive any right to contest
liability and result in a civil monetary penalty;
provided, however, that only warning notices and not
citations for violations shall be sent during the 30 day period
commencing with the installation of a traffic-control signal
monitoring device at such location;
(C)
Proof that a motor vehicle was operated in disregard or disobedience
of a CIRCULAR RED or RED ARROW signal in violation of subsection (a)
of this Code section shall be evidenced by recorded images produced
by a traffic-control signal monitoring device authorized pursuant to
Article 3 of Chapter 14 of this title. A copy of a certificate sworn
to or affirmed by a trained law enforcement officer or a technician
employed by a law enforcement agency for which such device is
authorized and stating that, based upon inspection of recorded
images, a motor vehicle was operated in disregard or disobedience of
a CIRCULAR RED or RED ARROW signal in violation of subsection (a) of
this Code section and that such disregard or disobedience was not
otherwise authorized by law shall be prima-facie evidence of the
facts contained therein; and
(D) Liability
under this subsection shall be determined based upon preponderance
of the evidence. Prima-facie evidence that the vehicle described in
the citation issued pursuant to this subsection was operated in
violation of subsection (a) of this Code section, together with
proof that the defendant was at the time of such violation the
registered owner of the vehicle, shall permit the trier of fact in
its discretion to infer that such owner of the vehicle was the
driver of the vehicle at the time of the alleged violation. Such an
inference may be rebutted if the owner of the vehicle:
(i) Testifies under oath in open court that
he or she was not the operator of the vehicle at the time of the
alleged violation;
(ii) Presents to the
court prior to the return date established on the citation a
certified copy of a police report showing that the vehicle had been
reported to the police as stolen prior to the time of the alleged
violation; or
(iii) Submits to the court
prior to the return date established on the citation a sworn
notarized statement identifying the name of the operator of the
vehicle at the time of the alleged violation.
(4) A violation for which a civil penalty is imposed pursuant
to this subsection shall not be considered a moving traffic
violation, for the purpose of points assessment under Code Section
40-5-57. Such violation shall be deemed noncriminal, and imposition
of a civil penalty pursuant to this subsection shall not be deemed a
conviction and shall not be made a part of the operating record of
the person upon whom such liability is imposed, nor shall it be used
for any insurance purposes in the provision of motor vehicle
insurance coverage.
(5) If a person summoned
by first-class mail fails to appear on the date of return set out in
the citation and has not paid the penalty for the violation or filed
a police report or affidavit pursuant to division (3)(D)(ii) or
(3)(D)(iii) of this subsection, the person summoned shall have
waived the right to contest the violation and shall be liable for a
civil monetary penalty of not more than $70.00.
(6) Any court having jurisdiction over violations of
subsection (a) of this Code section or any ordinance adopting the
provisions of said subsection pursuant to Code Section 40-6-372
shall have jurisdiction over cases arising under this subsection and
shall be authorized to impose the civil monetary penalty provided by
this subsection. Except as otherwise provided in this subsection,
the provisions of law governing jurisdiction, procedure, defenses,
adjudication, appeal, and payment and distribution of penalties
otherwise applicable to violations of subsection (a) of this Code
section shall apply to enforcement under this subsection; provided,
however, that any appeal from superior or state court shall be by
application in the same manner as that provided by Code Section
5-6-35.
(7) Recorded images made for
purposes of this subsection shall not be a public record for
purposes of Article 4 of Chapter 18 of Title 50.
(8) The provisions of this subsection shall not limit law
enforcement agencies to the use of traffic-control signal monitoring
devices in enforcing subsection (a) of this Code section; and, when
there is evidence obtained from another source or sources which
constitutes a prima-facie case of a violation of subsection (a) of
this Code section, such violation may be prosecuted as otherwise
provided by law in lieu of, but not in addition to, enforcement
under this subsection.
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