How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in sections 4511.092 to 4511.0911 of the Revised Code:
(A) "Designated party" means the person whom the registered owner of a motor vehicle, upon receipt of a ticket based upon images recorded by a traffic law photo-monitoring device that indicate a traffic law violation, identifies as the person who was operating the vehicle of the registered owner at the time of the violation.
(B) "Law enforcement officer" means a police officer who is employed on a permanent, full-time basis by the law enforcement agency of a municipal corporation.
(C) "Local authority" means a municipal corporation.
(D) "Motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code.
(E) "Recorded images" means any of the following images recorded by a traffic law photo-monitoring device that show, on at least one image or on a portion of the videotape, the rear of a motor vehicle and the letters and numerals on the rear license plate of the vehicle: (1) Two or more photographs, microphotographs, electronic images, or digital images; (2) Videotape.
(F) "Registered owner" means all of the following: (1) Any person or entity identified by the bureau of motor vehicles or any other state motor vehicle registration bureau, department, or office as the owner of a motor vehicle; (2) The lessee of a motor vehicle under a lease of six months or longer; (3) The renter of a motor vehicle pursuant to a written rental agreement with a motor vehicle renting dealer.
(G) "System location" means the approach to an intersection or area of roadway toward which a traffic law photo-monitoring device is directed and is in operation.
(H) "Ticket" means any traffic ticket, citation, summons, or other ticket issued in response to an alleged traffic law violation detected by a traffic law photo-monitoring device, that represents a civil violation.
(I) "Traffic law photo-monitoring device" means an electronic system consisting of a photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces recorded images.
(J) "Traffic law violation" means either of the following: (1) A violation of section 4511.12 of the Revised Code based on the failure to comply with section 4511.13 of the Revised Code or a substantially equivalent municipal ordinance that occurs at an intersection due to failure to obey a highway traffic signal; (2) A violation of section 4511.21 or 4511.211 of the Revised Code or a substantially equivalent municipal ordinance due to failure to observe the applicable speed limit.
This section provides the defined terms used throughout the traffic camera statutory scheme. The bill narrows the definition of law enforcement officer to a police officer employed full-time by a municipal corporation (removing the prior requirement that the officer be assigned to the location of a traffic law photo-monitoring device), and strikes the definition of motor vehicle leasing dealer. It also replaces references to 'local authority' with 'municipal corporation' and updates cross-references to reflect repealed sections.
A municipal corporation may utilize a traffic law photo-monitoring device for the purpose of detecting traffic law violations only after obtaining the approval of the electors of the municipal corporation under section 4511.094 of the Revised Code. No county, township, or representative of a county or township shall utilize a traffic law photo-monitoring device to detect and enforce traffic law violations.
This section establishes the core authorization framework: a municipal corporation may use a traffic law photo-monitoring device only after obtaining elector approval under new § 4511.094. Counties and townships are categorically prohibited from using traffic cameras. The bill strikes the former subsection (B) that required a law enforcement officer to be present at the device location during operation and that set out conditions for officer-witnessed vs. device-recorded ticketing.
(A) The legislative authority of a municipal corporation that wishes to utilize a traffic law photo-monitoring device for the purpose of detecting traffic law violations shall adopt a resolution by a majority vote to submit the proposal to the electors of the municipal corporation. The legislative authority shall certify the resolution to the board of elections of the county in which the most populous portion of the municipal corporation is located not later than ninety days before the day of the general or special election at which the proposal is to appear on the ballot.
(B) The form of the ballot shall be as follows: "Shall the use of automated traffic cameras be allowed in ___(municipal corporation)___ to detect traffic law violations? Yes — For the use of automated traffic cameras. No — Against the use of automated traffic cameras."
(C) If the proposal is approved by a majority of the electors voting on it, the municipal corporation may utilize a traffic law photo-monitoring device for the purpose of detecting traffic law violations.
New § 4511.094 creates the mandatory ballot-measure process for municipal traffic camera authorization. The legislative authority of a municipal corporation must adopt a resolution by majority vote to place the question before electors, certify the resolution to the county board of elections at least ninety days before the election, and use a prescribed ballot form asking whether automated traffic cameras should be allowed. Only an affirmative majority vote authorizes deployment.
(A) A law enforcement officer employed by a municipal corporation utilizing a traffic law photo-monitoring device shall examine evidence of alleged traffic law violations recorded by the device to determine whether such a violation has occurred. If the image recorded by the traffic law photo-monitoring device shows such a violation, contains the date and time of the violation, and shows the letter and numerals on the license plate of the vehicle involved as well as the state that issued the license plate, the officer may use any lawful means to identify the registered owner.
(B) The fact that a person or entity is the registered owner of a motor vehicle is prima facie evidence that that person or entity is the person who was operating the vehicle at the time of the traffic law violation.
(C) Within thirty days of the traffic law violation, the municipal corporation or its designee may issue and send by regular mail a ticket charging the registered owner with the violation. The ticket shall comply with section 4511.097 of the Revised Code. If the municipal corporation mails a ticket charging the registered owner with the violation, the municipal corporation shall file a certified copy of the ticket with the municipal court or county court with jurisdiction over the civil action.
(D) A certified copy of the ticket alleging a traffic law violation, sworn to or affirmed by a law enforcement officer employed by the municipal corporation, including by electronic means, and the recorded images produced by the traffic law photo-monitoring device, is prima facie evidence of the facts contained therein and is admissible in a civil action or proceeding concerning the ticket issued under this section.
This section governs the process by which a law enforcement officer employed by a municipal corporation reviews recorded evidence to determine whether a traffic law violation occurred, and the procedures for issuing and filing a civil ticket against the registered owner by regular mail within thirty days. A certified copy of the ticket, sworn to by the officer, together with the recorded images, constitutes prima facie evidence of the facts in the resulting civil action.
(A) A traffic law violation for which a ticket is issued by a municipal corporation based on evidence recorded by a traffic law photo-monitoring device is a civil violation. If a municipal corporation issues a ticket for such a violation, the ticket shall comply with the requirements of this section and the fine for such a ticket shall not exceed the amount of the fine that may be imposed for a substantially equivalent criminal traffic law violation.
(B) A municipal corporation or its designee shall process such a ticket for a civil violation and shall send the ticket by ordinary mail to any registered owner of the motor vehicle that is the subject of the traffic law violation. The municipal corporation or designee shall ensure that the ticket contains all of the following: (1) The name and address of the registered owner; (2) The letters and numerals appearing on the license plate issued to the motor vehicle; (3) The traffic law violation charged; (4) The system location; (5) The date and time of the violation; (6) A copy of the recorded images; (7) The name and badge number of the law enforcement officer who was present at the system location at the time of the violation, if applicable; (8) The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address of the municipal court or county court with jurisdiction over the civil action to which the payment is to be sent; (9) A statement signed by a law enforcement officer employed by the municipal corporation indicating that, based on an inspection of recorded images, the motor vehicle was involved in a traffic law violation, and a statement indicating that the recorded images are prima facie evidence of that traffic law violation both of which may be signed electronically; (10) Information advising the person or entity alleged to be liable of the options prescribed in section 4511.098 of the Revised Code, specifically to include the time, place, and manner in which the person or entity may appear in court to contest the violation and ticket and the procedure for disclaiming liability by submitting an affidavit to the municipal court or county court as prescribed in that section; (11) A warning that failure to exercise one of the options prescribed in section 4511.098 of the Revised Code is deemed to be an admission of liability and waiver of the opportunity to contest the violation.
(C) A municipal corporation or its designee shall send a ticket not later than thirty days after the date of the alleged traffic law violation.
(D) The municipal corporation or its designee may elect to send by ordinary mail a warning notice in lieu of a ticket under this section.
This section specifies the mandatory contents of a civil traffic camera ticket and caps the fine at the amount imposable for a substantially equivalent criminal traffic violation. The municipal corporation must send the ticket by ordinary mail within thirty days of the alleged violation. Required contents include registered owner identification, license plate data, violation details, system location, recorded images, officer attestation, penalty amount, court information, and notice of the recipient's options under § 4511.098.
(A)(1) A person or entity who receives a ticket for a civil violation sent in compliance with section 4511.097 of the Revised Code shall elect to do one of the following: (1) In accordance with instructions on the ticket, pay the civil penalty, thereby admitting liability and waiving the opportunity to contest the violation;
(A)(2) Within thirty days after receipt of the ticket, provide the municipal court or county court with jurisdiction over the civil action with either of the following affidavits: (i) An affidavit executed by the registered owner stating that another person was operating the vehicle of the registered owner at the time of the violation, identifying that person as a designated party who may be held liable for the violation, and containing at a minimum the name and address of the designated party; (ii) An affidavit executed by the registered owner stating that at the time of the violation, the motor vehicle or the license plates issued to the motor vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the motor vehicle. In order to demonstrate that the motor vehicle or the license plates were stolen prior to the traffic law violation and therefore were not under the control or possession of the registered owner at the time of the violation, the registered owner shall submit proof that a report about the stolen motor vehicle or license plates was filed with the appropriate law enforcement agency prior to the violation or within forty-eight hours after the violation occurred. (b) A registered owner is not responsible for a traffic law violation if, within thirty days after the date of mailing of the ticket, the registered owner furnishes an affidavit specified in division (A)(2)(a)(i) or (ii) of this section to the court with jurisdiction in a form established by the court and the following conditions are met: (i) If the registered owner submits an affidavit as specified in division (A)(2)(a)(i) of this section, the designated party either accepts liability for the violation by paying the civil penalty or by failing to request a court hearing within thirty days or is determined liable in a court hearing; (ii) If the registered owner submits an affidavit as specified in division (A)(2)(a)(ii) of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division.
(A)(3) If the registered owner is a motor vehicle leasing dealer or a motor vehicle renting dealer, notify the court with jurisdiction of the name and address of the lessee or renter of the motor vehicle at the time of the traffic law violation. The court shall establish the form of the notice. A motor vehicle leasing dealer or motor vehicle renting dealer who receives a ticket for an alleged traffic law violation detected by a traffic law photo-monitoring device is not liable for a ticket issued for a motor vehicle that was in the care, custody, or control of a lessee or renter at the time of the alleged violation. The dealer shall not pay such a ticket and subsequently attempt to collect a fee or assess the lessee or renter a charge for any payment of such a ticket made on behalf of the lessee or renter.
(A)(4) If the vehicle involved in the traffic law violation is a commercial motor vehicle and the ticket is issued to a corporate entity, provide to the court with jurisdiction an affidavit in a form established by the court, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the motor vehicle at the time of the alleged violation and who is the designated party.
(A)(5) Contest the ticket by filing a written request for a court hearing to review the ticket in a form established by the court. The person or entity shall file the written request not later than thirty days after receipt of the ticket. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and ticket, and is deemed to constitute an admission of liability and waiver of the opportunity to contest the violation.
(B) A court with jurisdiction that receives an affidavit described in division (A)(2)(a)(i) or (A)(4) of this section or a notification under division (A)(3) of this section from a registered owner may proceed to notify the municipal corporation to send a ticket that conforms with division (B) of section 4511.097 of the Revised Code to the designated party. The municipal corporation shall send the ticket to the designated party by ordinary mail not later than twenty-one days after receipt of the notification.
This section provides the procedural framework for recipients of traffic camera tickets. A registered owner may pay the civil penalty (admitting liability), submit an affidavit disclaiming liability by identifying the actual driver or proving the vehicle was stolen, or contest the ticket by requesting a court hearing within thirty days. Motor vehicle leasing and renting dealers may notify the court of the lessee or renter. Failure to exercise any option within thirty days is deemed an admission of liability. Courts that receive a valid affidavit may direct the municipal corporation to reissue the ticket to the designated party.
(A) Subject to division (B) of this section and notwithstanding any other provision in the Revised Code to the contrary, when a certified copy of a ticket issued by a municipal corporation based on evidence recorded by a traffic law photo-monitoring device is filed with the municipal court or county court with jurisdiction over the civil action, the court shall require the municipal corporation to provide an advance deposit for the filing of the civil action. The advance deposit shall consist of all applicable court costs and fees for the civil action. The court shall retain the advance deposit regardless of which party prevails in the civil action and shall not charge to the registered owner or designated party any court costs and fees for the civil action.
(B) Division (A) of this section does not apply to any civil action related to a ticket issued by a municipal corporation based on evidence recorded by a traffic law photo-monitoring device when the traffic law photo-monitoring device was located in a school zone. The court shall charge the applicable court costs and fees for such a civil action to the party that does not prevail in the action. As used in this division, "school zone" has the same meaning as in section 4511.21 of the Revised Code.
This section requires the municipal corporation to provide an advance deposit covering all court costs and fees when filing a traffic camera civil action, with the court retaining the deposit regardless of outcome. Registered owners and designated parties are not charged court costs. An exception applies for school-zone violations, where the losing party bears the costs.
(A) Upon request, each manufacturer of a traffic law photo-monitoring device shall provide to a municipal corporation utilizing its devices the maintenance record of any such device used in that municipal corporation.
(B) Commencing January 2015, not later than the last day of January of each year, the manufacturer of a traffic law photo-monitoring device shall provide to the applicable municipal corporation a certificate of proper operation that attests to the accuracy of the device in recording a traffic law violation.
This section imposes obligations on traffic camera manufacturers to provide maintenance records on request and to supply an annual certificate of proper operation attesting to device accuracy. The bill removes former subsections requiring accuracy testing of mobile devices at each system location and conspicuous marking of mobile apparatus — those requirements are repealed along with the mobile-device framework.
Section 2 That existing sections 4511.092, 4511.093, 4511.096, 4511.097, 4511.098, 4511.099, and 4511.0911 of the Revised Code are hereby repealed.
Section 3 That sections 4511.094, 4511.095, 4511.0912, 4511.0913, and 4511.0914 of the Revised Code are hereby repealed.
Sections 2 and 3 of the bill repeal existing versions of the amended code sections and repeal outright §§ 4511.094 (existing advance-notice and signage requirements), 4511.095 (advance-notice provisions), 4511.0912 (civil penalties and revenue allocation), 4511.0913 (annual reporting), and 4511.0914 (revenue penalty for noncompliance). The repeals remove the prior officer-presence requirement framework, mobile-device testing rules, and the revenue-allocation and reporting superstructure.