Section 1606 - [Effective 7/1/2025] [For Repeal, See Note] Automated traffic law enforcement systems; speeding(a) Use. Deployment of ATLE systems on behalf of the Agency of Transportation by a third party pursuant to subsection (b) of this section is intended to investigate the benefits of automated law enforcement for speeding violations as a way to improve work crew safety and reduce traffic crashes resulting from an increased adherence to traffic laws achieved by effective deterrence of potential violators, which could not be achieved by traditional law enforcement methods or traffic calming measures, or both. Deployment of ATLE systems on behalf of the Agency is not intended to replace law enforcement personnel, nor is it intended to mitigate problems caused by deficient road design, construction, or maintenance.(b) Vendor. (1) The Agency of Transportation shall enter into a contract with a third party for the operation and deployment of ATLE systems on behalf of the Agency.(2) The Agency, in consultation with the Department of Public Safety, may require the vendor to maintain a storage system to store any recorded images or other data collected by the ATLE system. Any storage system shall adhere to the use, retention, and limitation requirements pursuant to this section.(c) Locations. An ATLE system may only be utilized at a location in the vicinity of a work zone on a limited-access highway under the jurisdiction of the Agency of Transportation and selected by the Agency, provided that:(1) the Agency shall document through an appropriate engineering analysis that the location meets highway standards;(2) the ATLE system is not used as a means of combating deficiencies in roadway design or environment;(3) at least two signs notifying members of the traveling public of the use of an ATLE system are in place before any recorded images or other data is collected by the ATLE system;(4) there is a sign at the end of the work zone;(5) the ATLE system is only in operation when workers are present in the work zone and at least one of the signs required under subdivision (3) of this subsection indicates whether the ATLE system is currently in operation; and(6) there is notice of the use of the ATLE system on the Agency's website, including the location and typical hours when workers are present and the ATLE system is in operation.(d) Daily log. (1) The vendor that deploys an ATLE system in accordance with this section must maintain a daily log for each deployed ATLE system that includes:(A) the date, time, and location of the ATLE system setup;(B) a demonstration that the equipment is operating properly before and after daily use;(C) a verification that the signage and equipment placement meet applicable highway standards; and(D) the name of the employee who performed any self-tests required by the ATLE system manufacturer and the results of those self-tests.(2) The daily log shall be retained for not fewer than three years by the Agency and admissible in any proceeding for a violation involving ATLE systems deployed on behalf of the Agency.(e) Annual calibration. All ATLE systems shall undergo an annual calibration check performed by an independent calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be retained for not fewer than three years by the Agency and admissible in any proceeding for a violation involving the ATLE system.(f) Penalty. (1) The owner of the motor vehicle bearing the rear registration number plate captured in a recorded image shall be liable for one of the following civil penalties unless, for the violation in question, the owner is convicted of exceeding the speed limit under chapter 13 of this title or has a defense under subsection (h) of this section: (A) $0.00, which shall be exempt from surcharges under 13 V.S.A. § 7282(a), for a first violation within 12 months;(B) $80.00 for a second violation within 12 months; provided, however, that a violation shall be considered a second violation for purposes of this subdivision only if it has occurred at least 30 days after the date on which the notice of the first violation was mailed; and(C) $160.00 for a third or subsequent violation within 12 months.(2) The owner of the motor vehicle bearing the rear registration number plate captured in a recorded image shall not be deemed to have committed a crime or moving violation unless otherwise convicted under another section of this title, and a violation of this section shall not be made a part of the operating record of the owner or considered for insurance purposes.(g) Notice and complaint. (1) An action to enforce this section shall be initiated by issuing a Vermont civil violation complaint to the owner of a motor vehicle bearing the rear registration number plate captured in a recorded image and mailing the Vermont civil violation complaint to the owner by U.S. mail.(2) The civil violation complaint shall: (A) be based on an inspection of recorded images and data produced by one or more ATLE systems or one or more ATLE and ALPR systems;(B) be issued, sworn, and affirmed by the law enforcement officer who inspected the recorded images and data;(C) enclose copies of applicable recorded images and at least one recorded image showing the rear registration number plate of the motor vehicle;(D) include the date, time, and place of the violation;(E) include the applicable civil penalty amount and the dates, times, and places for any prior violations from the prior 12 months;(F) include written verification that the ATLE system was operating correctly at the time of the violation and the date of the most recent inspection that confirms the ATLE system to be operating properly;(G) contain a notice of language access services in accordance with federal and state law; and(H) in compliance with 4 V.S.A. § 1105(f), include an affidavit that the issuing officer has determined the owner's military status to the best of the officer's ability by conducting a search of the available Department of Defense Manpower Data Center (DMDC) online records, together with a copy of the record obtained from the DMDC that is the basis for the issuing officer's affidavit.(3) In the case of a violation involving a motor vehicle registered under the laws of this State, the civil violation complaint shall be mailed within 30 days after the violation to the address of the owner as listed in the records of the Department of Motor Vehicles. A notice of violation issued under this subdivision shall be mailed not more than 30 days after the date of the violation. A notice mailed after 30 days is void.(4) In the case of a violation involving a motor vehicle registered under the laws of a jurisdiction other than this State, the notice of violation shall be mailed within 30 days after the discovery of the identity of the owner to the address of the owner as listed in the records of the official in the jurisdiction having charge of the registration of the motor vehicle. A notice of violation issued under this subdivision shall be mailed not more than 90 days after the date of the violation. A notice mailed after 90 days is void.(h) Defenses. The following shall be defenses to a violation under this section: (1) that the motor vehicle or license plates shown in one or more recorded images was in the care, custody, or control of another person at the time of the violation; and(2) that the radar component of the ATLE system was not properly calibrated or tested at the time of the violation.(i) Proceedings before the Judicial Bureau. (1) To the extent not inconsistent with this section, the provisions for the adjudication of a Vermont civil violation complaint, the payment of a Vermont civil violation complaint, and the collection of civil penalties associated with a civil violation complaint in 4 V.S.A. chapter 29 shall apply to civil violation complaints issued under this section.(2) Notwithstanding an owner's failure to request a hearing, a Vermont civil violation complaint issued pursuant to this section shall be dismissed with prejudice upon showing by the owner, by a preponderance of the evidence, that the motor vehicle in question was not in the care, custody, or control of the owner at the time of the violation because, at the time, the owner was a person in military service as defined in 50 U.S.C. § 3911.(j) Retention. (1) All recorded images shall be retained by the vendor pursuant to the requirements of subdivision (2) of this subsection.(2) A recorded image shall only be retained for 12 months after the date it was obtained or until the resolution of the applicable violation and the appeal period if the violation is contested. When the retention period has expired, the vendor and any law enforcement agency with custody of the recorded image shall destroy it and cause to have destroyed any copies or backups made of the original recorded image.(k) Review process and annual report. (1) The Agency of Transportation, in consultation with the Department of Public Safety, shall establish a review process to ensure that recorded images are used only for the purposes permitted by this section. The Agency of Transportation shall report the results of this review annually on or before January 15 to the Senate and House Committees on Judiciary and on Transportation. The report shall contain the following information based on prior calendar year data:(A) the total number of ATLE systems units being operated on behalf of the Agency in the State;(B) the terms of any contracts entered into with any vendors for the deployment of ATLE on behalf of the Agency;(C) all of the locations where an ATLE system was deployed along with the dates and hours that the ATLE system was in operation;(D) the number of violations issued based on recorded images and the outcomes of those violations by category, including first, second, and third and subsequent violations and contested violations;(E) the number of recorded images the Agency submitted to the automated traffic law enforcement storage system;(F) the total amount paid in civil penalties; and(G) any recommended changes for the use of ATLE systems in Vermont.(2) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required if an ATLE system is deployed in the State unless the General Assembly takes specific action to repeal the report requirement.(l) Limitations. (1) ATLE systems shall only record violations of this section and shall not be used for any other purpose, including other surveillance purposes.(2) Recorded images shall only be accessed to determine if a violation of this section was committed in the prior 12 months.(3) Notwithstanding any applicable law to the contrary, the Agency of Transportation may permit the vendor to coordinate with designated law enforcement agencies to obtain a recorded image from the vendor to determine whether a violation of this section occurred within the prior 12 months.Repealed by 2024, No. 135,§ 5, eff. 7/1/2027. If the Agency is unable to secure federal funding for a work zone ATLE pilot program by June 30, 2025, then 23 V.S.A. § 1606 is repealed on July 2, 2025.Added by 2024, No. 135,§ 1a, eff. 7/1/2025.Prior version repealed by 1969, No. 131, § 36, eff. 4/23/1969.