Library / Laws / 113th / hr / H.R. 5755 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5755
IN THE HOUSE OF REPRESENTATIVES
November 20, 2014
Mr. Stockman (for himself and Mr. Bentivolio) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To withhold certain highway funds from a State that uses an automated traffic enforcement system on
a Federal-aid highway.
1.
Short title
This Act may be cited as the Safer American Streets Act.
2.
Withholding of funds for useage of automated traffic enforcement systems
(a)
Withholding of funds for usage of automated traffic enforcement systems
Chapter 1 of title 23, United States Code, is amended by adding after section 156 the following:
157.
Withholding of funds for usage of automated traffic enforcement systems
(a)
Withholding of funds for noncompliance
(1)
For fiscal year 2015 and thereafter
Beginning on October 1, 2015, and every fiscal year thereafter, the Secretary shall withhold 10
percent of the amount required to be apportioned to any State under each
of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title in which
the State or any municipal government therein employs an automated traffic
enforcement system on a Federal-aid highway.
(2)
Requirement
A State meets the requirement of this paragraph if the State certifies not later than 90 days
before the beginning of each fiscal year that neither the State nor any
municipal government therein employs an automated traffic enforcement
system on a Federal-aid highway.
(b)
Effect of withholding of funds
No funds withheld under this section from apportionment to any State shall be available for
apportionment to that State.
(c)
Definitions
For purposes of this section—
(1)
Automated traffic enforcement system
The term automated traffic enforcement system means equipment that takes a film or digital camera-based photograph which is linked with a system
that can detect a moving infraction and synchronize the taking of a
photograph with the occurrence of such an infraction.
(2)
Moving infraction
The term moving infraction means any violation of State or local traffic law or ordinance committed by the driver of a
vehicle while it is in motion.
.
(b)
Clerical amendment
The analysis for such chapter is amended by adding at the end the following:
157. Withholding of funds for usage of automated traffic enforcement systems.
.
3.
Prohibition on the use of automated traffic enforcement systems in the District of Columbia
(a)
Detection of a moving infraction
The Mayor of the District of Columbia may not use an automated traffic enforcement system to detect
a moving infraction in the District of Columbia.
(b)
Evidence of a moving infraction
Information obtained through the use of an automated traffic enforcement system may not be used as
proof in an administrative adjudication under title II of the Traffic
Adjudication Act of 1978 (sec. 50–2302.01 et seq., D.C. Official Code).
4.
Conforming amendment
Title IX of the Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (sec. 50–2209.01 et
seq., D.C. Official Code) is repealed.
5.
Definitions
In this Act:
(1)
Automated traffic enforcement system
The term automated traffic enforcement system means equipment that takes a film or digital camera-based photograph which is linked with a system
that can detect a moving infraction and synchronize the taking of a
photograph with the occurrence of such an infraction.
(2)
Moving infraction
The term moving infraction means any conduct subject to administrative adjudication under title II of the Traffic
Adjudication Act of 1978 and with respect to which the Attorney General of
the District of Columbia does not commence a proceeding in the Superior
Court of the District of Columbia.