A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Phil Mendelson, introduced the
following bill, which was referred to the Committee on Public Works and
To require the Mayor to reevaluate the speed limits
on various streets of the District of Columbia; to require an evaluation
of whether an automated traffic enforcement system for speeding
enforcement should be operated in-house; to prohibit automated traffic
enforcement contracts on a commission-type basis; and to require that any
fines from such a system be allocated to the Highway Trust Fund.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, That this act may be cited as the "Automated Traffic
Enforcement Amendment Act of 2001 ".
Sec. 2. Title IX of the of the Fiscal Year 1997
Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198, D.C.
Code 40§751 et. seq.) is amended as follows:
(a) Section 902 (D.C. Code 40-752) is amended by
adding two new subsections (e) and (f) to read as follows:
"(e) All fines and/or revenues derived from
automated enforcement of speeding shall be deposited in the Highway
"(f) Where an automated traffic enforcement
system is used for speeding enforcement, it shall be a defense that the
speed of the offender was within 5 mph of the average speed of the flow
of traffic at the time of the offense."
(b) Section 903 (D.C. Code 40-753) is amended by
adding the following new sentence at the end:
"Before entering such an agreement or
exercising an option on an existing agreement, the Mayor shall fully
consider whether such activities could be done in-house and report
thereon to the Council. Any contract shall be on a fee basis without a
(c) Add a new "Sec. 904" to read as
(d) Add a new "Sec. 905" to read as follows:
"Sec. 904. The Mayor shall reevaluate the
speed limit on all District of Columbia streets segments that will
be selected for automated speeding enforcement prior to use of
automated speeding equipment, and he shall reevaluate within 120
days of the effective date of the Automated Traffic Enforcement
Amendment Act of 2001 locations currently using automated speeding
Sec. 3. Fiscal impact statement.
"Sec. 905. The Mayor shall attempt to renegotiate the
current contract for automated speeding equipment for compliance
with section 903."
The Council adopts the fiscal impact statement in the committee
report as the fiscal impact statement required by section 602(c)(3)
of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 4. This act shall take effect following
approval by the Mayor (or in the event of veto by the Mayor, action
by the Council to override the veto), a 30-day period of
Congressional review as provided in section 602(c)(1) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87
Stat. 813; D.C. Code § 1-233(c)(1)), and publication in the
District of Columbia Register.