Bill > SB238

This bill establishes a legal framework for the Town of Kinston to implement an automated photographic speeding enforcement system that treats speeding as a civil violation rather than a criminal offense. The bill defines key terms like "civil violation" and "photographic speeding enforcement" and allows the town to use camera systems to detect and record speeding violations of vehicles traveling more than 10 miles per hour over the speed limit. When a violation is detected, the town must mail a notice to the vehicle's registered owner with details about the violation, including the date, time, location, and images of the vehicle. The civil fine is limited to $100, and the town must post signs warning drivers about the use of automated enforcement. Vehicle owners have the right to contest the violation in a municipal court hearing, where the town must prove the violation by a preponderance of the evidence. Importantly, these civil violations will not be recorded on criminal or driving records, cannot be used to increase insurance premiums unless an accident occurred, and do not result in arrests or criminal penalties. The bill requires the town to track the effectiveness of the system and report annual data to state transportation and criminal justice agencies, with the law set to take effect on October 1, 2025.

Government Affairs

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