Connecticut General Statutes 14-307e – Municipal plan re use of automated traffic enforcement safety devices. Approval. Modification. Subsequent plans
(a)(1) A municipality’s plan concerning the use of automated traffic enforcement safety devices in the municipality shall identify the proposed locations of such devices and include documentation that such proposed locations comply with the guidelines developed pursuant to subsection (a) of section 14-307d. The municipality shall conduct a public hearing regarding any such plan prior to submission and, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectman, shall submit such plan to the Department of Transportation, in such form as the department may prescribe.
Terms Used In Connecticut General Statutes 14-307e
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- legislative body: means : (1) As applied to unconsolidated towns, the town meeting. See Connecticut General Statutes 1-1
- Ordinance: means an enactment under the provisions of section 7-157. See Connecticut General Statutes 1-1
- Traffic: means pedestrians, vehicles and other conveyances while using any highway for the purpose of travel. See Connecticut General Statutes 14-297
(2) Not later than sixty days after the date a plan is received by the department, the department shall determine if the plan is likely to improve traffic safety at the proposed locations and the distribution of such devices throughout the municipality is equitable, and shall approve or disapprove the plan, in whole or in part. If the department disapproves any such plan, in whole or in part, the department shall provide a written explanation of the reason for such disapproval and guidance to revise such plan for resubmission. Any such disapproval shall not preclude the submission of a revised plan.
(3) The approval of a municipality’s initial plan shall be valid for a period of three years from the date the first automated traffic enforcement safety device becomes operational in the municipality and, thereafter, the approval of any subsequent plan shall be valid for a period of three years from the date of approval.
(b) A municipality operating automated traffic enforcement safety devices pursuant to an approved plan that has not yet expired may submit to the Department of Transportation a modification to such plan to propose the use of such devices at additional locations, in the same manner as described in subdivision (1) of subsection (a) of this section. The department shall approve or disapprove any such modification, in whole or in part, in the same manner as described in subdivision (2) of subsection (a) of this section. The approval of any such modification shall expire on the date the approved plan expires.
(c) (1) A municipality that seeks to continue to use automated traffic enforcement safety devices after such expiration shall submit a subsequent plan to the Department of Transportation for approval. Such subsequent plan may include some or all of the previously approved locations for such devices and propose new locations for such devices. The municipality shall conduct a public hearing regarding such subsequent plan prior to its submission to the department and, by vote of its legislative body or, in a municipality where the legislative body is a town meeting, by vote of the board of selectman, submit to the department such plan and supporting documentation in accordance with the guidelines issued pursuant to subsection (b) of section 14-307d. Supporting documentation for any subsequent plan shall include, but need not be limited to: (A) Evidence that the devices used by the municipality at locations identified in a prior plan improved traffic safety, (B) a description of how any proposed new locations comply with the guidelines developed pursuant to subsection (a) of section 14-307d, and (C) records that the funds received by the municipality from fines imposed pursuant to an ordinance adopted under this section were expended in accordance with the provisions of subsection (d) of section 14-307c.
(2) Not later than sixty days after the date a subsequent plan and supporting documentation is received by the department, the department shall determine: (A) If the subsequent plan is likely to improve traffic safety at the proposed locations, (B) if the subsequent plan includes a location previously equipped with an automated traffic enforcement safety device, whether the use of such device improved traffic safety at such location, and (C) if the distribution of such devices throughout the municipality is equitable, and shall approve or disapprove the plan, in whole or in part. The department shall not approve any part of a plan that includes a location previously equipped with an automated traffic enforcement safety device unless the department determines the use of such device improved traffic safety at such location.
(d) In no event shall a municipality use, install or operate an automated traffic enforcement safety device unless such use, installation or operation complies with the provisions of a plan approved by the Department of Transportation and the approval of such plan is effective.