Revision: Dec. 5, 2019, 2:22 p.m.
HB 1590-FN-A - AS INTRODUCED
2020 SESSION
20-2135
11/10
HOUSE BILL 1590-FN-A
AN ACT establishing a speed monitoring system for the purpose of assessing administrative fees.
SPONSORS: Rep. Ulery, Hills. 37
COMMITTEE: Transportation
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ANALYSIS
This bill establishes a speed monitoring system for the purpose of assessing administrative fines.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2135
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT establishing a speed monitoring system for the purpose of assessing administrative fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
20-2135
12/3/19
HB 1590-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a speed monitoring system for the purpose of assessing administrative fees.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Turnpike Fund | |||
METHODOLOGY:
This bill establishes administrative fines for traveling over posted speed limits through toll collection systems (all turnpike system toll plazas). The Department of Transportation would be responsible for assessing and collecting the fines, which range from $25 to $100 depending on how fast over the posted speed limit the driver is travelling. While estimating potential revenue collections is difficult, due to the unpredictability of driver behavior with the establishment of these fees and the collectability of fees assessed, the Department has provided the following data, for illustrative purposes only:
All NH Toll Plazas (NH E-ZPass Transponders1) (Weeks of 06/02/19-06/08/19, 07/07/19-07/13/19, 08/04/19-08/10/19, and 09/01/19-09/07/19)2 | |||||
Speed2 | Lanes | Open Road Tolls | Total | Fee Amount | Total |
5-10 MPH Over | 834,308 | 530,265 | 1,364,573 | $25 | $34,114,325 |
11-15 MPH Over | 68,984 | 16,570 | 85,554 | $50 | $4,277,700 |
16+ MPH Over | 29,009 | 2,091 | 31,100 | $100 | $3,110,000 |
TOTAL | 932,301 | 548,926 | 1,481,227 |
| $41,502,025 |
Total Annually | $539,526,325 | ||||
1Excludes “non-revenue” transponders (e.g., state police cruisers, DOT vehicles, etc.)
2Certain toll plazas had scheduled “speed details” during the months of June, July, and August.
3Data was broken out with these ranges although the bill appears to have a technical defect in that the speed ranges overlap.
The Department expects to incur additional expenditures relative to administering this bill. It anticipates it would need three new program assistant II positions (labor grade 15) at a total cost of $180,000 in FY 2021, $189,000 in FY 2022, and $198,000 in FY 2023, as well as would incur additional costs it cannot estimate at this time (e.g., postage, credit card processing fees, required information technology system changes, etc.).
The Department of Safety indicates this bill will have no fiscal impact on the Department.
It is assumed this bill will not take effect until FY 2021.
AGENCIES CONTACTED:
Department of Transportation and Department of Safety