Iowa's Camera-Based Speeding Tickets: Are They Legal?

The use of camera speeding tickets in Iowa has been a topic of debate in recent years, with some lawmakers seeking to ban them while others propose regulations to standardize their use. In May 2024, Iowa passed a bill to regulate the use of automated traffic enforcement (ATE) systems, which includes speed cameras. This bill sets requirements for cities to obtain permission from the Iowa Department of Transportation to install speed cameras and outlines conditions under which tickets can be issued, such as a minimum speed limit violation of 10 miles per hour. The legislation also addresses the use of fine revenue and data retention. While some support these regulations as a way to improve traffic safety, others continue to advocate for a complete ban on traffic cameras, citing concerns about their constitutionality and impact on lower-income individuals.

Iowa's new House bill to regulate traffic cameras

Iowa lawmakers have been debating the use of traffic cameras for years, with some urging a complete ban, while others push for regulations or seek to preserve cities' control over the systems. The Iowa House recently passed a bill to regulate traffic cameras, which has been sent to the Senate for further consideration. Here is an overview of the new House bill and the ongoing discussion surrounding it:

The Need for Regulation

Iowa lawmakers have recognized the need to regulate the use of traffic cameras in the state due to concerns about their effectiveness and fairness. Some lawmakers have criticized the abuse of automated traffic enforcement systems by local governments to supplement their budgets rather than solely for improving road safety. There have also been concerns raised about the constitutionality of traffic cameras, with some arguing that they violate due process rights and the right to confront one's accuser. As a result, there has been a push for legislation to address these issues and implement standardized regulations for the use of traffic cameras.

Key Provisions of the Bill

The new House bill, known as House File 2681, includes several provisions to regulate the use of traffic cameras in Iowa. Firstly, it requires local governments to obtain permits from the Iowa Department of Transportation (DOT) before implementing automatic traffic enforcement (ATE) systems. To receive a permit, local governments must provide a detailed justification for the need for traffic cameras, including records on traffic violations, collision data, traffic speed analysis, and safety concerns.

The bill sets restrictions on the use of traffic cameras in small communities, prohibiting their use in localities with populations below 20,000 for issuing tickets. However, these communities can still use mobile traffic camera technologies to issue warnings. The bill also standardizes the fines for speeding violations captured by traffic cameras, with fines ranging from $75 to $500 depending on the excess speed.

Additionally, the bill includes requirements for warning signage, data retention, and the use of revenues from fines. Warning signs must be placed between 500 and 1,000 feet before any traffic cameras. Data collected by the cameras, such as license plate images, must be deleted within 30 days unless it is part of an ongoing investigation. Local governments are also required to use the funds collected from camera fines for transportation infrastructure improvements or operational costs for police and fire departments.

Ongoing Debate and Amendments

The bill has sparked ongoing debate among lawmakers, with some calling for a complete ban on traffic cameras, while others argue for their effectiveness in improving road safety and reducing risky traffic stops. Amendments have been proposed, such as the inclusion of red-light cameras and a public information program before the implementation of cameras. There is also discussion about standardizing fines across the state and specifying how local governments must allocate revenues from traffic tickets.

The bill is currently under consideration in the Senate, and it remains to be seen whether further amendments will be made before it is signed into law. The regulation of traffic cameras in Iowa is a complex and ongoing process, with lawmakers striving to balance road safety, constitutional rights, and the effective use of technology in traffic enforcement.

The legality of camera speeding tickets in Iowa

Under the new legislation, cities and counties are required to obtain permission from the Iowa Department of Transportation (DOT) before installing speed camera systems. The DOT will assess whether the use of such systems is appropriate, necessary, and the least restrictive means to address traffic safety issues in the proposed locations. This regulatory framework aims to hold cities and municipalities accountable for the use of traffic cameras and ensure they are deployed only where justified.

The bill also includes provisions regarding the issuance of tickets. For a driver to receive a ticket, they must be travelling more than 10 miles per hour over the speed limit. Fines are set at $75 for a 10 mph violation, $100 for a 20 mph violation, and so on, with penalties increasing for speeding in work zones. Additionally, there must be signs posted to notify drivers of the presence of speed cameras, and most data collected by automatic license plate readers must be deleted within 30 days.

While the new legislation provides a framework for the use of traffic cameras, there are still ongoing discussions and efforts to ban their use altogether. Some lawmakers continue to advocate for a complete ban on traffic cameras, believing that they are an invasion of privacy and unfairly target certain groups, such as low-income individuals. The future of camera speeding tickets in Iowa remains uncertain as these debates and legislative processes unfold.

Iowa's ban on traffic camera tickets

Iowa has a history of lawmakers attempting to ban traffic cameras, with some believing them to be unconstitutional and used for revenue generation rather than safety. In 2024, a bill was proposed to ban traffic camera tickets and enforce a "hands-free" law, which would prohibit drivers from holding a cell phone while driving. This bill was supported by families of crash victims, who pleaded with lawmakers to take action and pass the law. However, there was also opposition to combining the two issues in a single bill.

The Iowa Senate approved regulations for traffic cameras that automatically issue speeding tickets, with certain conditions. Cities would need permission from the Iowa Department of Transportation to install speed camera systems, and the department would determine the necessity and appropriateness of the cameras. Tickets could only be issued if the driver exceeded the speed limit by more than 10 miles per hour, and there would be limits on the amount of the speeding tickets. Signs would be posted to notify drivers of the presence of cameras, and most data collected by automatic license plate readers would need to be deleted within 30 days. Additionally, cities would have to review and approve the photo or video evidence before issuing a ticket.

The bill passed with an overwhelming majority in the Senate (46-1) and the House (85-12), demonstrating a strong consensus among lawmakers. However, there were still some who opposed the bill, arguing that local governments should have more control over the use of automated traffic enforcement systems and the resulting revenue. Nevertheless, the bill represented a compromise between those who wanted a complete ban on traffic cameras and those who wanted to regulate them.

The new law, known as HF 2681, was signed into law on May 17, 2024, and the city of Cedar Rapids passed amendments to incorporate the state requirements into their municipal code. The law sets specific fines for speeding violations based on the excess speed, ranging from $75 for going 11-20 mph over the limit to $500 for exceeding the limit by more than 30 mph. These regulations aim to strike a balance between public safety and the concerns of citizens regarding the use of traffic cameras.

The impact of traffic cameras on road safety

Traffic cameras have been a topic of debate in recent years, with some people arguing that they are an invasion of privacy and others claiming that they are an effective tool for improving road safety. So, what is the truth? Do traffic cameras really make a difference when it comes to reducing speeding and improving road safety?

The benefits of traffic cameras

A number of studies have been conducted to examine the impact of traffic cameras on road safety, and the results suggest that they can be effective in reducing speeding and improving safety. For example, a study in Barcelona found that the installation of speed cameras on the city's beltway led to a significant decrease in the number of road collisions, with a relative risk reduction of 27%. Similarly, a study in Arizona showed that the presence of speed cameras did not increase or decrease the number of motor vehicle collisions, but it did result in a decrease in speed, which is a key factor in reducing the severity of collisions.

In Iowa, the use of traffic cameras has been a controversial topic, with some lawmakers pushing for a ban on automated traffic enforcement systems. However, others argue that traffic cameras are necessary for improving road safety, especially in urban areas. For example, Sen. Sami Scheetz supported the use of traffic cameras, stating that they "improve traffic safety in some areas, and the bill would address 'bad actors who wish to nickel-and-dime Iowans.'" Additionally, Davenport Police Chief Jeff Bladel noted the safety benefits of traffic cameras in the city, stating that they have seen "an upwards of an 80% decrease in crashes" and a 14-15% decrease in speeding in areas with traffic cameras.

The drawbacks of traffic cameras

Despite the potential benefits of traffic cameras, there are also some drawbacks and concerns that have been raised. One of the main concerns is the issue of privacy and the potential for "big brother" surveillance. In the case of Arizona, the speed camera program was ultimately removed due to considerable controversy, with opponents citing reasons such as surveillance and less revenue than expected. There are also concerns about the equity of traffic camera programs, as some argue that they disproportionately impact individuals with lower incomes.

Overall, the impact of traffic cameras on road safety is complex and multifaceted. While they have been shown to be effective in reducing speeding and improving road safety in some cases, there are also valid concerns about privacy and equity that need to be addressed. As such, it is important for communities to carefully consider the benefits and drawbacks of implementing traffic camera programs and to ensure that any programs are community-based and transparent.

The revenue generated by traffic cameras

In Iowa, the revenue generated by traffic cameras has been a controversial issue. While some argue that the cameras are necessary for public safety, others criticise them as a means of generating revenue, disproportionately impacting low-income individuals.

In fiscal year 2016, the total revenue from speed and red-light cameras in Des Moines, Iowa, was a little over $4 million. The city retained about $2.4 million, while the remaining $1.6 million went to the company operating the cameras. The city's portion is earmarked for public safety use, such as funding a state-of-the-art communication system for the police department.

Proponents of traffic cameras argue that they improve traffic safety, especially in urban areas. For example, in Davenport, Iowa, the use of traffic cameras resulted in an 80% decrease in crashes at five of the state's top ten most dangerous intersections. Additionally, speed areas saw a reduction of 14% to 15%.

However, critics argue that the primary motivation behind the cameras is revenue generation rather than safety. For instance, in Oak Ridge, it is estimated that the city could collect over $1 million annually from traffic cameras, assuming current trends continue. While city officials state that it is too early to determine how the revenue will be spent, one possibility is to allocate it towards hiring more police officers or fulfilling other public safety needs.

The debate over the use of traffic cameras and the revenue they generate is not unique to Iowa. In Illinois, local governments generated more than $1 billion in red-light camera revenue from 2008 to 2018. The annual haul from red-light camera tickets statewide more than doubled during this period, with smaller local governments outside Chicago installing almost as many cameras and collecting nearly as much revenue.

Frequently asked questions