Legislation provides rights to those who receive camera-generated traffic tickets

(NASHVILLE, TN), March 20, 2008–  Legislation that ensures drivers of cars who receive a ticket from the use of a “red light camera” would be given ample notice, was unanimously approved by the State Senate this week.  The measure also provides rental car companies with the right to file an affidavit saying that the driver is responsible for the ticket.  The bill, which is sponsored by Senator Tim Burchett (R-Knoxville), was one of two measures considered by the State Senate this week that would provide rights to drivers and vehicle owners who receive this new form of camera-generated traffic violations. 

“We had cases where rental companies received these tickets and could not locate the driver of the car,” said Senator Burchett.  “This bill gives them the right to contest the ticket by filing an affidavit with the court.  It also gives additional rights to owners and drivers by making sure that they have ample time to both receive notice and reply.”

Currently, the owner of the vehicle is sent a notice by first class mail of the traffic violation accompanied with a picture of the vehicle.  The owner must pay the fine within 30 days in most localities or face an additional fee, which can be more than double the cost of the ticket.  This legislation, SB 3258, would provide the owners the opportunity to have a second 30-day notice that the fine on the ticket is due before any additional fines could be levied.  

In separate action, Burchett also won approval in the Senate Transportation Committee of legislation that says local governments cannot speed up the timing of the amber light at intersections for the purpose of increasing profits from the tickets.  The bill comes after a case in Chattanooga where the timing was set at a quicker pace.  After reviewing the timing of the light, a judge there dismissed 176 traffic violations, providing refunds to 150 who paid the fine.  The usual rate of the amber light before changing to red is three seconds.

“This is an effort to ensure that this system of camera-generated ticketing is done for safety, and not abused for the benefit of local treasuries,” Burchett added.

Last year, the General Assembly approved legislation by Burchett to make traffic violations through the camera lights a non-moving violation.  Consequently, these tickets are not reported for insurance purposes. 

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