An Act To Allow the Use of Cameras for Enforcement of Traffic Light Violations
Maine Legislature, Session 121, LD 1081
Committee: Transportation
Sponsors: SUSLOVIC, SA WYER, BROWNE, EDER, JACKSON, KOFFMAN, LESSARD, MARLEY, MILLS, USHER
Amends: 29-A MRSA §2075, 29-A MRSA §2601-A

Legislative Document 
No.tOSt 
H.P.799 
House of Representatives, March 4, 2003 
An Act To Allow the Use of Cameras for Enforcement of Traffic 
Light Violations 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative SUSLOVIC of Portland. 
Cosponsored by Senator SA WYER of Penobscot and 
/Jf~ 
1?7.77IP£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BROWNE of Vassalboro, EDER of Portland, JACKSON of Fort Kent, 
KOFFMAN of Bar Harbor, LESSARD of Topsham, MARLEY of Portland, MILLS of 
Cornville, USHER of Westbrook. 
pruned on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 29-A MRSA §IOI, sub-§85-A is enacted to read: 
8S-A. 
Traffic light violation monitoring system. 
"Traffic 
light 
violation 
monitoring 
system" 
means 
a 
vehicle 
sensor 
installed to work in conjunction with a lighted traffic control 
device 
as 
defined in section 
2057, 
subsection 
or 
that 
automatically produces 
one 
or more 
photographs, 
one 
or 
more 
microphotographs, 
a videotape or other recorded images of each 
vehicle at the time the vehicle is operated in violation of state 
l..IDL. 
Sec. 2. 29-A MRSA §2075, sub-§3, 1fD, as amended by PL 2001, c. 
313, §l, is further amended to read: 
D. 
With the approval of the Department of Transportation 
and the Chief of the State Police, increase or decrease the 
speed limit on 
through ways 
by erecting standard signs 
giving notice of the speed limit in accordance with the 
latest edition of the Manual 
on Uniform Traffic Control 
Devices published by the Federal Highway Administration; aaa 
Sec. 3. 29-A MRSA §2075, sub-§3, 1[E, as enacted by PL 2001, c. 
313, §l, is amended to read: 
E. 
Subject to the provisions of this paragraph, if it is '" 
qualifying municipality, 
set 
speed 
limits 
on 
qualifying 
roads. 
As used in this paragraph, "qualifying municipality" 
means a municipality that has a population of 2,500 or more 
as measured by the latest decennial United States census or 
that 
employs 
a 
professional 
engineer 
licensed 
in 
this 
State. 
As used in this paragraph, "qualifying road" means a 
town way that is classified as local by the Department 
<:>f 
Transportation in accordance with the 
federal 
functional 
classification system. 
If a qualifying municipality decides to set speed limits in 
accordance 
with 
this 
paragraph, 
the 
municipality 
shall 
provide 
written 
notice 
of 
that 
determination 
to 
the 
Commissioner of Transportation and shall set speed limi ts 
for all qualifying roads in that municipality. 
Unless otherwise approved as provided in 
limits set by 
a 
municipality must be 
increments within the following ranges: 
paragraph D, speed 
in 5-mile-per-hour 
(1) 
From 20 to 25 miles per hour, inclusive. regarding 
roads 
in 
a 
business 
or 
residential district or 
a 
compact area, except that the lower limit may be set at 
Page l-LR0409(1) 
. 
miles per hour on roads on islands not accessible by 
road or dead end roads less than 1/4 mile in length; and 
(2) 
From 30 to 50 miles per hour, inclusive, regarding 
roads in all other areas. 
Prior to establishing a speed limit, the municipality must 
perform a traffic investigation that reviews the factors 
identified in the applicable sections of 
the 
Manual 
on 
Uniform Traffic Control Devices. 
The 
municipal officers 
shall validate that speed limit in accordance with the 
procedure for establishing municipal traffic ordinances set 
forth in Title 30-A, section 3009, post standard speed limit 
signs 
in accordance with the Manual 
on Uniform Traffic 
Control Devices and provide written notice of that speed 
limi t 
zone to the Commissioner of Transportation on forms 
approved by the Department of Transportation. 
The Department of Transportation may require a municipality 
with a population of 5,000 or more as measured by the latest 
decennial United States census that has not provided written 
notice to the department that the municipality will set 
speed limits in accordance with this paragraph to provide 
the department with all data necessary to set such speed 
limi ts. 
The nature, extent and form of that data must be 
acceptable 
to 
the 
department 
and 
may 
include, 
without 
limitation, the reason for the request, length and location 
of the proposed speed zone, road width, number of driveways 
in that zone, traffic volume, posted speed, prevailing speed 
as measured by radar, accident history and speed enforcement 
efforts..-L..Q.n.Q 
Sec. 4. 29-A MRSA §2075, sub-§3, ~ is enacted to read: 
f. 
Install and operate traffic light violation monitoring 
systems. 
Sec. 5. 29-A MRSA *2075. sub-§6 is enacted to read: 
6. 
State and county authority. 
The State or a county may 
install and operate traffic light violation monitoring systems. 
Sec. 6. 29-A MRSA §2601-A is enacted to read: 
§260l-A. 
Enforcement actions using evidence from a traffic 
light violation monitoring system 
The process and rules of evidence described in this section 
apply in enforcement actions for violations of state law in which 
evidence is obtained by the use of a traffic light violation 
monitoring system. 
1. 
Proof of violation. 
Evidence from information obtained 
from a traffic light violation monitoring system is admissible to 
prove a violation of state law. 
A certificate or a 
facsimile 
sworn to or affirmed by 
a 
state, 
county or municipal person 
gualified to operate a traffic light violation monitoring system, 
based on inspection of photographs, microphotographs, videotape 
or other recorded images produced by a traffic light violation 
monitoring system, must be accepted as prima facie evidence of 
all 
facts 
contained 
therein 
or 
thereon. 
A 
photograph, 
microphotograph, 
videotape or other 
recorded 
image 
evidencing 
such a violation must be available for inspection in a proceeding 
to adjudicate liability for that violation. 
2. 
Rebuttable presumption of identity of violator. 
In the 
prosecution of an offense established under this Title, 
prima, 
facie evidence that the vehicle described in the summons issued 
pursuant to this section was operated in violation of state law, 
together with proof that the defendant was at the time of that 
violation the registered owner of the vehicle, 
constitutes 
a 
rebuttable presumption that the registered owner of the vehicle 
was the person who committed the violation. 
This presumption is 
rebutted if: 
A. 
A person other than the owner is convicted of illega11S 
operating the vehicle at the time of the violation. 
In this 
case, the registered owner may not be found liable under 
this section; 
B. 
The registered owner is a lessor of vehicles and at the 
time of the violation the vehicle was in the possession of a 
lessee and the lessor provides the investigating 
office~ 
wi th 
a 
copy 
of 
the 
lease 
agreement 
containing 
the 
information required by section 254. 
In this case, 
the 
lessee, 
but 
not 
the 
lessor, 
may 
be 
charged 
under 
this 
section; 
C. 
The vehicle is operated using a dealer or transportel-
registration plate and at the time of the violation the 
vehicle was operated by any person other than the dealer or 
transporter, and if the dealer or transporter provides the 
investigating officer with 
the 
name 
and 
address 
of 
the 
person who had control over the vehicle at the time of the 
violation. 
In this case, that person, but not the dealer ur 
transporter, may be charged under this section; or 
D. 
A report that the vehicle was stolen is given to a law 
enforcement officer or agency before the violation occurred 
or within a reasonable time after the violation occurred, 
In this case, the registered owner may not be charged under 
this section. 
3. 
Service of Violation Summons 
and Complaint; 
notice 
requirements. 
Notwithstanding 
any other requirements 
~n this 
subchapter or any other law, a Violation Summons and Complaint 
based 
on 
evidence 
obtained 
from 
a 
traffic 
light 
violation 
monitoring system may be served by mailing by first class mail a 
copy of the Violation Summons and Complaint and the certificate 
on which it ~s based to the address of the registered owner of 
the vehicle as 
shown on the records of the Bureau of Motor 
Vehicles. 
The 
mailing must also 
inform the 
alleged violator that 
the 
enforcement action is based on evidence obtained from a traffic 
light violation monitoring system and that the evidence may be 
viewed at a 
specific time 
and place by calling a 
specified 
telephone number to set up the viewing. 
A clear copy of the 
evidence may be enclosed as a substitute for the viewing. 
All other provisions in this subchapter apply to an enforcement 
action based on evidence obtained from a traffic light violation 
monitoring system. 
4. 
Use of evidence in other legal actions. 
I n any ac t ion 
brought by a person or entity as a result of personal injury or 
death or damage to property, 
evidence derived from 
a traffic 
light violation monitoring 
system is admissible in the 
same 
manner prescribed for prosecution of an offense established under 
this section without the requirements of authentication otherwise 
required by law and has the same evidentiary effect as described 
in this section. 
SUMMARY 
Current law requires a police officer to observe a violation 
of a traffic control device, stop the violator, issue a summons 
and complaint and often go to court. 
This bill is based on laws in other states that permit the 
use of evidence obtained from 
unmanned, 
automatic cameras 
to 
prosecute and prove traffic violations. 
The owner of the vehicle 
photographed or otherwise recorded violating a traffic control 
device is rebuttably presumed to be the violator. 
Evidence from 
the cameras may also be used in other legal actions.