Sec 28-1206. Photo enforcement systems; state highways; cities and towns

A. A city or town may not place a photo enforcement system on a state highway in this state unless the city or town provides proof to the department, in a manner to be determined by the department, that the photo enforcement system is necessary for the public safety of this state and gets a permit or enters into a contract with the department for use of a right-of-way.

B. The department shall publish on its website the specific information it needs to determine if the photo enforcement system described in subsection A of this section is necessary for the public safety of this state. The information shall include both of the following:

1. Current operational speed studies, including the average number of vehicles operating per day on the section of state highway that is subject to the proposed photo enforcement system and the percentage of vehicles per day that violate article 6 of this chapter.

2. Reports of motor vehicle accidents on the section of state highway that is subject to the proposed photo enforcement system.

C. The term of a permit issued or contract granted by the department pursuant to subsection A of this section may not exceed a period of three years.

D. Before the renewal of a permit or contract prescribed by subsection A of this section, the city or town must submit information to the department to show the impact of the photo enforcement system. The department must review the information and compare it to the information the department receives pursuant to subsection B of this section. The department may prevent a renewal if the department determines that the photo enforcement system does not maintain a positive impact on public safety.

E. This section does not apply to a photo enforcement system that exists on state highways in this state on the effective date of this act except that when the permit or contract for the photo enforcement system expires or is renewed, this section applies.