North Carolina § 160A-300 - 1. Use of traffic control photographic systems.

§ 160A-300. 1. Use of traffic control photographic systems.

A traffic control photographic system is an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control device to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control statute or ordinance. Any traffic control photographic system or any device which is a part of that system, as described in subdivision (a) of this section, installed on a street or highway which is a part of the State highway system shall meet requirements established by the North Carolina Department of Transportation. Any traffic control system installed on a municipal street shall meet standards established by the municipality and shall be consistent with any standards set by the Department of Transportation. Any traffic control photographic system installed on a street or highway must be identified by appropriate advance warning signs conspicuously posted not more than 300 feet from the location of the traffic control photographic system. All advance warning signs shall be consistent with a statewide standard adopted by the Department of Transportation in conjunction with local governments authorized to install traffic control photographic systems. Municipalities may adopt ordinances for the civil enforcement of G.S. 20-158 by means of a traffic control photographic system, as described in subsection (a) of this section. Notwithstanding the provisions of G.S. 20-176, in the event that a municipality adopts an ordinance pursuant to this section, a violation of G.S. 20-158 at a location at which a traffic control photographic system is in operation shall not be an infraction. An ordinance authorized by this subsection shall provide that: The owner of a vehicle shall be responsible for a violation unless the owner can furnish evidence 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 be responsible for the violation if the owner of the vehicle, within 30 days after notification of the violation, furnishes the officials or agents of the municipality which issued the citation either of the following: An affidavit stating the name and address of the person or company who had the care, custody, and control of the vehicle. An affidavit stating that the vehicle involved was, at the time, stolen. The affidavit must be supported with evidence that supports the affidavit, including insurance or police report information. Subdivision (1) of this subsection shall not apply, and the registered owner of the vehicle shall not be responsible for the violation, if notice of the violation is given to the registered owner of the vehicle more than 90 days after the date of the violation. A violation detected by a traffic control photographic system shall be deemed a noncriminal violation for which a civil penalty of fifty dollars ($50.00) shall be assessed, and for which no points authorized by G.S. 20-16(c) shall be assigned to the owner or driver of the vehicle nor insurance points as authorized by G.S. 58-36-65. The owner of the vehicle shall be issued a citation which shall clearly state the manner in which the violation may be challenged, and the owner shall comply with the directions on the citation. The citation shall be processed by officials or agents of the municipality and shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. If the owner fails to pay the civil penalty or to respond to the citation within the time period specified on the citation, the owner shall have waived the right to contest responsibility for the violation, and shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). The municipality may establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt. The municipality shall institute a nonjudicial administrative hearing to review objections to citations or penalties issued or assessed under this section. The duration of the yellow light change interval at intersections where traffic control photographic systems are in use shall be no less than the yellow light change interval duration specified on the traffic signal plan of record signed and sealed by a professional engineer, licensed in accordance with the provisions of Chapter 89C of the General Statutes, and shall comply with the provisions of the Manual on Uniform Traffic Control Devices. This section applies only to the Cities of Albemarle, Charlotte, Durham, Fayetteville, Greensboro, Greenville, High Point, Locust, Lumberton, Newton, Rocky Mount, and Wilmington, to the Towns of Chapel Hill, Cornelius, Huntersville, Matthews, Nags Head, Pineville, and Spring Lake, and to the municipalities in Union County. History (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; 2010-132, s. 17.) Local Modification. - City of Albemarle: 2007-341, s. 1; city of Charlotte: 2007-341, s. 1; city of Durham: 2007-341, s. 1; city of Fayetteville: 2007-341, s. 1; 2014-84, s. 1 (as to subsection (c), effective July 1, 2014); 2014-84, s. 2 (as to subsection (c)(2), effective July 1, 2015); city of Greenville: 2007-341, s. 1; 2016-64, ss. 1-3; city of Locust: 2007-341, s. 1; city of Rocky Mount: 2007-341, s. 1; town of Chapel Hill: 2000-97, s. 2(b); municipalities in Union County: 2007-341, s.1; Cumberland County Board of Education: 2014-84, s. 1 (as to subsection (c), effective July 1, 2014; 2014-84, s. 2 (as to subsection (c)(2), effective July 1, 2015); Pitt County Board of Education: 2016-64, ss. 2, 3. Use of Traffic Control Photographic Systems in Wake County and the City of Concord. - Sessions Laws 2001-286, ss. 3, 4, as amended by Session Laws 2003-380, s. 3, and as amended by Session Laws 2010-132, ss. 18, 19, enacted local laws governing the use of traffic control photographic systems in Wake County and the City of Concord. Editor's Note. - Session Laws 1997-216, s. 1, effective June 23, 1997, enacted this section and s. 2 made it effective as to the city of Charlotte. Session Laws 1999-17, s. 1, effective April 17, 1999, added the city of Fayetteville. Session Laws 1999-181, effective January 1, 2000, in s. 1, added subsection (b1), added "nor insurance points as authorized by G.S. 58-36-65" at the end of subdivision (c)(2), and in s. 2, added the cities of Greensboro, High Point, and Rocky Mount. Session Laws 1999-182, effective January 1, 2000, in s. 1 made the same changes as were made by Session Laws 1999-181, s. 1, and in s. 2 added Charlotte, Fayetteville, Greenville, Wilmington, and Greensboro and the towns of Huntersville, Matthews, and Cornelius. Session Laws 1999-456, s. 48(c), effective August 13, 1999, and designed to resolve duplicate enactments by Session Laws 1999-181 and 1999-182, repealed Session Laws 1999-182, ss. 1 and 2, and rewrote Session Laws 1997-216, s. 2, as amended by Session Laws 1999-17 and Session Laws 1999-181, to add the city of Wilmington, and the towns of Cornelius, Huntersville, and Matthews. Session Laws 2000-37, s. 1, effective June 30, 2000, added the cities of Greenville and Lumberton, and the town of Pineville. Session Laws 2000-97, s. 2, effective July 10, 2000, added the town of Chapel Hill. The section has been codified at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2007-341, s. 2, effective September 1, 2007, and applicable to offenses committed on or after that date, inserted "Locust" in subsection (d). Session Laws 2010-132, s. 17, effective December 1, 2010, and applicable to offenses committed on or after that date, substituted the language "specified on the traffic signal plan of record ... Uniform Traffic Control Devices" for "specified in the Design Manual developed by the Signals and Geometrics Section of the North Carolina Department of Transportation" in subsection (c1). Legal Periodicals. - For recent development, "Picture It: Red Light Cameras Abide by the Law of the Land," see 80 N.C.L. Rev. 1879 (2002).