LD 1081
pg. 3
Page 2 of 4 An Act To Allow the Use of Cameras for Enforcement of Traffic Light Violations ... Page 4 of 4
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LR 409
Item 1

 
evidence is obtained by the use of a traffic light violation
monitoring system.

 
1.__Proof of violation.__Evidence from information obtained
from a traffic light violation monitoring system is admissible
to prove a violation of state law.__A certificate or a
facsimile sworn to or affirmed by a state, county or municipal
person qualified to operate a traffic light violation
monitoring system, based on inspection of photographs,
microphotographs, videotape or other recorded images produced
by a traffic light violation monitoring system, must be
accepted as prima facie evidence of all facts contained
therein or thereon.__A photograph, microphotograph, videotape
or other recorded image evidencing such a violation must be
available for inspection in a proceeding to adjudicate
liability for that violation.

 
2.__Rebuttable presumption of identity of violator.__In the
prosecution of an offense established under this Title, prima
facie evidence that the vehicle described in the summons
issued pursuant to this section was operated in violation of
state law, together with proof that the defendant was at the
time of that violation the registered owner of the vehicle,
constitutes a

 
rebuttable presumption that the registered owner of the
vehicle was the person who committed the violation.__This
presumption is rebutted if:

 
A.__A person other than the owner is convicted of
illegally operating the vehicle at the time of the
violation.__In this case, the registered owner may not be
found liable under this section;

 
B.__The registered owner is a lessor of vehicles and at
the time of the violation the vehicle was in the
possession of a lessee and the lessor provides the
investigating officer with a copy of the lease agreement
containing the information required by section 254.__In
this case, the lessee, but not the lessor, may be charged
under this section;

 
C.__The vehicle is operated using a dealer or transporter
registration plate and at the time of the violation the
vehicle was operated by any person other than the dealer
or transporter, and if the dealer or transporter provides
the investigating officer with the name and address of the
person who had control over the vehicle at the time of the
violation.__In this case, that person, but not the dealer
or transporter, may be charged under this section; or

 
D.__A report that the vehicle was stolen is given to a law
enforcement officer or agency before the violation occurred


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