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1 New Section; Highway Regulation, Protection and Control Regulations; Speed Monitoring System. Amend RSA 236 by inserting after section 31-b the following new section:
236:31-c Speed Monitoring System.
I. For purposes of this section:
(a) "Department" means the department of transportation.
(b) "Driver" means driver as defined in RSA 259:25.
(c) "Speed monitoring system" means a system of approximating the speed of a vehicle traveling through a toll collection monitoring system for the purpose of assessing an administrative fine on persons operating vehicles in excess of the posted speed limits.
(d) "Toll collection system" means a system for collecting tolls or charges, including but not limited to cash or electronic or image-based tolls or charges in a toll lane, for the use of the highway or bridge.
(e) "Toll collection monitoring system" means a system that produces at least one photograph, microphotograph, videotape, recorded image, or written record of a portion of the vehicle when the vehicle is used or operated contrary to the toll collection system rules or when there is no cash option.
II. No person shall operate a vehicle transiting a toll collection system in excess of the posted speed.
III. If a vehicle passes a toll collection system in excess of the posted speed, the department shall assess an administrative fine to the account associated with the transponder used to transit the toll collection system. Such fine shall be assessed regardless of the type of transponder used to transit the toll collection system.
IV. The following fine schedule shall apply for violations of this section:
(a) $25 for driving 5 to 10 miles per hour over the posted speed limit.
(b) $50 for driving 10-15 miles per hour over the posted speed limit.
(c) $100 for driving more than 15 miles per hour over the posted speed limit.
V. Persons assessed an administrative fine under this section may appeal such fine under procedures as provided by RSA 541.
VI. In the event an administrative fine is assessed to the account of a vehicle leasing company, the account owner may, after notifying the department, pass the administrative fine onto the vehicle driver as recorded in the lease agreement.
VII. In the event an administrative fine is assessed to a non-revenue producing transponder used in the official course of business and eligible for mileage reimbursement, the amount of the administrative fine may be deducted from the mileage reimbursement amount recorded on the mileage reimbursement statement of the person to whom the transponder is assigned.
VIII. In the event an administrative fine is assessed to an account associated with a business enterprise, the owner of the account may deduct the amount of the administrative fine from the pay of the person driving the vehicle at the time of the violation.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Highway Regulation, Protection and Control Regulations; Speed Monitoring System. Amend RSA 236 by inserting after section 31-b the following new section:
236:31-c Speed Monitoring System.
I. For purposes of this section:
(a) "Department" means the department of transportation.
(b) "Driver" means driver as defined in RSA 259:25.
(c) "Speed monitoring system" means a system of approximating the speed of a vehicle traveling through a toll collection monitoring system for the purpose of assessing an administrative fine on persons operating vehicles in excess of the posted speed limits.
(d) "Toll collection system" means a system for collecting tolls or charges, including but not limited to cash or electronic or image-based tolls or charges in a toll lane, for the use of the highway or bridge.
(e) "Toll collection monitoring system" means a system that produces at least one photograph, microphotograph, videotape, recorded image, or written record of a portion of the vehicle when the vehicle is used or operated contrary to the toll collection system rules or when there is no cash option.
II. No person shall operate a vehicle transiting a toll collection system in excess of the posted speed.
III. If a vehicle passes a toll collection system in excess of the posted speed, the department shall assess an administrative fine to the account associated with the transponder used to transit the toll collection system. Such fine shall be assessed regardless of the type of transponder used to transit the toll collection system.
IV. The following fine schedule shall apply for violations of this section:
(a) $25 for driving 5 to 10 miles per hour over the posted speed limit.
(b) $50 for driving 10-15 miles per hour over the posted speed limit.
(c) $100 for driving more than 15 miles per hour over the posted speed limit.
V. Persons assessed an administrative fine under this section may appeal such fine under procedures as provided by RSA 541.
VI. In the event an administrative fine is assessed to the account of a vehicle leasing company, the account owner may, after notifying the department, pass the administrative fine onto the vehicle driver as recorded in the lease agreement.
VII. In the event an administrative fine is assessed to a non-revenue producing transponder used in the official course of business and eligible for mileage reimbursement, the amount of the administrative fine may be deducted from the mileage reimbursement amount recorded on the mileage reimbursement statement of the person to whom the transponder is assigned.
VIII. In the event an administrative fine is assessed to an account associated with a business enterprise, the owner of the account may deduct the amount of the administrative fine from the pay of the person driving the vehicle at the time of the violation.
2 Effective Date. This act shall take effect 60 days after its passage.