CHAPTER 56

FORMERLY

HOUSE BILL NO. 100

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE CONCERNING CAMERA ENFORCEMENT OF TRAFFIC LIGHT SIGNALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Section 4101(d)(2), Title 21 of the Delaware Code by deleting the number “14” in the first sentence after the phrase “administrative assessment is not paid within” and before the word “days” and replacing it with the number “20”.

Section 2. Further amend Section 4101(d)(2), Title 21 of the Delaware Code by deleting the second and third sentences and replacing them with the following:

“Court costs or similar administrative fees not to exceed $35 may also be assessed against an owner or operator who requests a hearing to contest the violation and is ultimately found or pleads responsible for the violation or who fails to pay or contest the violation in a timely manner. No assessments and court costs other than those specified in this subsection may be imposed.”

Section 3. Amend Section 4101(d)(4), Title 21 of the Delaware Code by deleting the last sentence.

Section 4. Amend Section 4101(d)(5), Title 21 of the Delaware Code by adding the phrase “or policy directive” after the phrase “court rule” and before the phrase “of the Justice of the Peace Court” in the last sentence.

Section 5. Amend Section 4101(d)(6), Title 21 of the Delaware Code by adding the phrase “or policy directive” after the phrase “Justice of the Peace Court rules” and before the phrase “regulation of the Department of Public Safety” in the fourth sentence.

Section 6. Amend Section 4101(d)(6) by adding the phrase “policy directive” after the phrase “Court rule” and before the word “regulation” in the next to last sentence.

Section 7. Amend Section 4101(d)(6), Title 21 of the Delaware Code by adding the following at the end of the section:

“There shall be no right of transfer to the Court of Common Pleas.”

Section 8. Amend Section 4101(d)(7), Title 21 of the Delaware Code by deleting the existing section and replacing it with the following:

If the owner or an operator identified by the owner fails to pay the civil penalty by voluntary assessment, request a hearing within the required time or submit an affidavit stating that he or she was not the driver, the Division of Motor Vehicles may refuse to renew the registration of the owner’s vehicle operated at the time the summons was issued. If the owner or an operator identified by the owner is found responsible at a hearing and fails to pay as ordered by the Court, or requests a hearing and fails to appear, the Division of Motor Vehicles shall suspend the license of the owner or operator.

Upon receiving a record of failure to comply, the clerk may enter a civil traffic judgment against the owner or operator in the amount of the civil penalty, costs, and any applicable penalty amounts, giving credit for any amount paid. Such judgment may, upon motion, be transferred by the Court to the civil docket. Any judgment so transferred may be executed and enforced or transferred in the same manner as other judgments of the Court and the Division of Public Safety or its designee, or the applicable city or county shall have authority to seek such execution, enforcement or transfer.”

“Section 9. Amend Section 4101(d)(8), Title 21 of the Delaware Code by deleting the phrase “, or by an employee of an entity designated by such locality to administer records under this subsection.”.

Section 10. Amend Section 4101(d)(9) by adding the following at the end of the subsection:

“A summons may be issued to a person identified by affidavit or eveidence in court as the actual operator of the vehicle shown to have violated the traffic light signal. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.”

Section 11. Amend Section 4101(e), Title 21 of the Delaware Code by re-designating it as 4101(d)(10).

Section 12. Amend Section 4101(d), Title 21 of the Delaware Code by adding a new subsection (11) as follows:

“(11) Any person found responsible for a civil traffic offense shall have a right of appeal only in those cases in which the civil penalty imposed exceeds $100, upon giving bond with surety satisfactory to the judge before whom such person was found responsible, such appeal to be taken and bond given within 15 days from the time of the finding of responsible. Such appeal shall operate as a stay or supersedes of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of the appellant’s right to a writ of certiorari in the Superior Court. Additional penalty assessments for late payment/response pursuant to subsection (d)(2) of this section shall be included in determining the amount of the civil penalty for purposes of determining the right to an appeal.”

Approved June 23, 2005