| (1) |
“Photo radar” means a device used primarily for highway speed limit enforcement substantially consisting of a low power doppler radar unit and camera mounted in or on a vehicle, which automatically produces a photograph of a vehicle traveling in excess of the legal speed limit, with the vehicle’s speed, the date, time of day, and location of the violation printed on the photograph. |
Terms Used In Utah Code 41-6a-608
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
| (2) |
Photo radar may not be used except:
| (a) |
| (ii) |
in other areas that have a posted speed limit of 30 miles per hour or less; |
|
| (b) |
when a peace officer is present with the photo radar unit; |
| (c) |
when signs are posted on the highway providing notice to a motorist that photo radar may be used; |
| (d) |
when use of photo radar by a local highway authority is approved by the local highway authority‘s governing body; and |
| (e) |
when the citation is accompanied by the photograph produced by photo radar. |
|
| (3) |
The restrictions under Subsection (2) on the use of photo radar do not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine, court appearance, or a person‘s driving record. |
| (4) |
A contract or agreement regarding the purchase, lease, rental, or use of photo radar by the department or by a local highway authority may not specify any condition for issuing a citation. |
| (5) |
The department and any local highway authority using photo radar, upon request, shall make the following information available for public inspection during regular office hours:
| (a) |
the terms of any contract regarding the purchase, lease, rental, or use of photo radar; |
| (b) |
the total fine revenue generated by using photo radar; |
| (c) |
the number of citations issued by the use of photo radar; and |
| (d) |
the amount paid to the person providing the photo radar unit. |
|
| (6) |
A moving traffic violation obtained through the use of photo radar is not a reportable violation as defined under Section 53-3-102, and points may not be assessed against a person for the violation. |
Renumbered and Amended by Chapter 2, 2005 General Session
