§ 160A-300.1. Use of traffic control photographic systems. - North Carolina Statutes

§ 160A‑300.1.  Use oftraffic control photographic systems.

(a)        A traffic controlphotographic system is an electronic system consisting of a photographic,video, or electronic camera and a vehicle sensor installed to work inconjunction with an official traffic control device to automatically producephotographs, video, or digital images of each vehicle violating a standardtraffic control statute or ordinance.

(b)        Any traffic controlphotographic system or any device which is a part of that system, as describedin subdivision (a) of this section, installed on a street or highway which is apart of the State highway system shall meet requirements established by theNorth Carolina Department of Transportation. Any traffic control systeminstalled on a municipal street shall meet standards established by themunicipality and shall be consistent with any standards set by the Departmentof Transportation.

(b1)      Any traffic controlphotographic system installed on a street or highway must be identified byappropriate advance warning signs conspicuously posted not more than 300 feetfrom the location of the traffic control photographic system. All advancewarning signs shall be consistent with a statewide standard adopted by theDepartment of Transportation in conjunction with local governments authorizedto install traffic control photographic systems.

(c)        Municipalities mayadopt ordinances for the civil enforcement of G.S. 20‑158 by means of atraffic control photographic system, as described in subsection (a) of thissection. Notwithstanding the provisions of G.S. 20‑176, in the event thata municipality adopts an ordinance pursuant to this section, a violation ofG.S. 20‑158 at a location at which a traffic control photographic systemis in operation shall not be an infraction. An ordinance authorized by thissubsection shall provide that:

(1)        The owner of avehicle shall be responsible for a violation unless the owner can furnishevidence that the vehicle was, at the time of the violation, in the care,custody, or control of another person. The owner of the vehicle shall not beresponsible for the violation if the owner of the vehicle, within 30 days afternotification of the violation, furnishes the officials or agents of themunicipality which issued the citation either of the following:

a.         An affidavit statingthe name and address of the person or company who had the care, custody, andcontrol of the vehicle.

b.         An affidavit statingthat the vehicle involved was, at the time, stolen. The affidavit must besupported with evidence that supports the affidavit, including insurance orpolice report information.

(1a)      Subdivision (1) ofthis subsection shall not apply, and the registered owner of the vehicle shallnot be responsible for the violation, if notice of the violation is given tothe registered owner of the vehicle more than 90 days after the date of theviolation.

(2)        A violation detectedby a traffic control photographic system shall be deemed a noncriminalviolation for which a civil penalty of fifty dollars ($50.00) shall beassessed, and for which no points authorized by G.S. 20‑16(c) shall beassigned to the owner or driver of the vehicle nor insurance points asauthorized by G.S. 58‑36‑65.

(3)        The owner of thevehicle shall be issued a citation which shall clearly state the manner inwhich the violation may be challenged, and the owner shall comply with thedirections on the citation. The citation shall be processed by officials oragents of the municipality and shall be forwarded by personal service or first‑classmail to the address given on the motor vehicle registration. If the owner failsto pay the civil penalty or to respond to the citation within the time periodspecified on the citation, the owner shall have waived the right to contestresponsibility for the violation, and shall be subject to a civil penalty notto exceed one hundred dollars ($100.00). The municipality may establishprocedures for the collection of these penalties and may enforce the penaltiesby civil action in the nature of debt.

(4)        The municipalityshall institute a nonjudicial administrative hearing to review objections tocitations or penalties issued or assessed under this section.

(c1)      The duration of theyellow light change interval at intersections where traffic control photographicsystems are in use shall be no less than the yellow light change intervalduration specified in the Design Manual developed by the Signals and GeometricsSection of the North Carolina Department of Transportation.

(d)        This sectionapplies only to the Cities of Albemarle, Charlotte, Durham, Fayetteville,Greensboro, Greenville, High Point, Locust, Lumberton, Newton, Rocky Mount, andWilmington, to the Towns of Chapel Hill, Cornelius, Huntersville, Matthews,Nags Head, Pineville, and Spring Lake, and to the municipalities in UnionCounty. (1997‑216,ss. 1, 2; 1999‑17, s. 1; 1999‑181, ss. 1, 2; 1999‑182, s. 2;1999‑456, s. 48(c); 2000‑37, s. 1; 2000‑97, s. 2; 2001‑286,ss. 1, 2; 2001‑487, s. 37; 2003‑86, s. 1; 2003‑380, s. 2;2007‑341, s. 2.)