A new Louisiana law creating additional regulations for speeding cameras has made it much easier for motorists to appeal their tickets as lawmakers crack down on automated enforcement, a common threat for drivers in the state.
The new rules allow drivers who receive a ticket from a electronic speeding or red-light camera to appeal for a variety of reasons: whether it be stormy conditions or that someone else was driving their car.
Senate Bill 302, now law, was authored by Sen. Stewart Cathey, R-Monroe, and went into effect in May after it was approved by Gov. Jeff Landry.
Cathey said the law was necessary to combat concerns that automated speeding enforcement systems are used to take advantage of poor Louisianans for revenue-generating purposes.
Under the new law, every municipality that uses handheld or stationary traffic cameras must give drivers a chance to appeal tickets.
When can you appeal a speeding camera ticket?
The new law lists several "affirmative defenses" that a person can use to contest a traffic ticket.
Those defenses include:
- The traffic-control signal was not in the right position or sufficiently legible.
- The driver was following the direction of law enforcement when they got the ticket.
- The driver violated the traffic signal to yield to an emergency vehicle.
- The vehicle that received the ticket was being operated as an authorized emergency vehicle.
- The owner of the vehicle that received a ticket was not the one driving at the time.
- There were hazardous conditions on the road, including ice, snow, unusual amounts of rain, that made not compiling with the traffic signal more dangerous.
- The vehicle that received a ticket had been stolen at the time of the violation (must include proof that the car was stolen or reported stolen to police).
How does an appeal work?
The new law also requires parishes or municipalities that install automated speed or red light cameras to establish an administrative process for drivers to appeal tickets and includes specific rules the process must follow.
Under the law, the ticketing and appeal process must include:
- a written citation of the alleged traffic violation that includes clear notice with a minimum of 15 days to respond
- the ability for a driver who receives a violation to request a hearing before a traffic adjudication officer
- the ability of a driver to appeal the decision made by the traffic adjudication officer within 30 days
Citations must have a section on the back where drivers who receive the violation can attest that they are either not the owner of the car that was cited, or that they were not driving the car at the time.
Other new rules
Enforcement cameras placed in school zones are now only allowed to operational on school days while children are in school and one hour before and one hour after the beginning of a school day and one hour before and one hour after the end of a school day.
A device or camera is also not allowed to be placed within one half mile of a speed limit change of 10 miles per hour or greater, except in school zones.
Additionally, municipalities must install 3-foot by 3- foot signs between 500 and 1000 feet from the enforcement activity in accordance with the new law.