§ 13a-264 — Review of recorded images. Notice of violation. Defenses.

Connecticut § 13a-264

• Jurisdiction: Connecticut
• Title 13a: Highways and Bridges
• Ch. 241: Miscellaneous Provisions

Text

(a)(1) Whenever a work zone speed control system detects and produces recorded images of a motor vehicle allegedly committing a violation of section 13a-263, a sworn member or authorized member of the Division of State Police within the Department of Emergency Services and Public Protection shall review the recorded images provided by such system. If, after such review, such member determines that there are reasonable grounds to believe that a violation has occurred, such member may issue a notice of violation for the alleged violation. Such notice of violation shall be sworn or affirmed by such member and shall be prima facie evidence of the facts contained in the notice. Such notice of violation shall include written verification that the work zone speed control system was operating correctly at the time of the alleged violation and specify the date of the most recent inspection that confirms the work zone speed control system to be operating properly. (2) A work zone speed control system operator shall complete training offered by the manufacturer of such system, including training on any devices critical to the operation of such system or the manufacturer's representative in the procedures for setting up, testing and operating such system. Upon completion of the training, the manufacturer or manufacturer's representative shall issue a signed certificate to the work zone speed control system operator. Such signed certificate shall be admitted as evidence in any court proceeding for an alleged violation of section 13a-263 . (3) A work zone speed control system operator shall complete and sign a daily log for a work zone control system. Such daily log shall (A) state the date, time and location of such system's set-up, (B) state that the work zone speed control system operator successfully performed, and the work zone speed control system passed, the testing specified by the manufacturer of the work zone speed control system, (C) be kept on file at the principle office of the operator, and (D) be admitted in any court proceeding for an alleged violation of section 13a-263 . (b) A work zone speed control system shall undergo an annual calibration check performed at a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check. Such signed certificate of calibration shall be kept on file and admitted as evidence in any court proceeding for an alleged violation of section 13a-263 . (c) The notice of violation for the alleged violation of section 13a-263 shall include (1) a copy of the recorded image showing the vehicle with its number plate visible, (2) the registration number and state of issuance of the vehicle registration, (3) verification that the work zone speed control system was operating correctly at the time of the alleged violation and the date of the most recent calibration check, and (4) the date, time and location of the alleged violation. (d) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in the state, the notice of violation shall be mailed not later than thirty days after the commission of the alleged violation or after the identity of the owner is ascertained, whichever is later, to the address of the owner that is in the records of the Department of Motor Vehicles. (e) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in another jurisdiction, the notice of the violation shall be mailed not later than thirty days after the identity of the owner is ascertained to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration. (f) A notice of violation shall be invalid unless mailed to an owner not later than ninety days after the alleged violation of section 13a-263 . (g) The notice of violation shall be sent by first class mail. A manual or automatic record of mailing prepared by the work zone speed control system operator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any court proceeding as to the facts contained in the notice. (h) A violation of section 13a-263 shall not (1) be included in any driver control record maintained pursuant to section 14-111 l , (2) be the subject to merit rating for insurance purposes, or (3) authorize the imposition of surcharge points in the provision of motor vehicle insurance coverage. (i) The following defenses shall be available to the owner of a motor vehicle identified by a work zone speed control system as allegedly violating section 13a-263 : (1) The violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in section 7-294a , and had not been recovered prior to the time of the violation, and (2) the work zone speed control system used to determine speed was not in compliance with the provisions of this section relating to tests for accuracy, certification or calibration. (j) An owner who receives a notice of violation pursuant to the provisions of this section shall follow the procedures set forth in section 51-164n .

Legislative History

(June Sp. Sess. P.A. 21-2, S. 299; P.A. 22-40, S. 19; P.A. 24-40, S. 45.) History: P.A. 22-40 amended Subsec. (a)(3) to replace references to work zone speed system with references to work zone speed control system, effective July 1, 2022; P.A. 24-40 amended Subsec. (h)(1) to change “the operating record of the driver” to “any driver control record” and change reference to Sec. 14-137a to Sec. 14-111 l and amended Subsec. (i) to make a technical change, effective July 1, 2024.