ARC 8740C - Iowa Administrative Rules

Notice of Intended Action

Automated traffic enforcement mobile systems, ch 145

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ARC 8740C

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

Proposing rulemaking related to automated traffic enforcement mobile systems
and providing an opportunity for public comment

The Transportation Department hereby proposes to adopt new Chapter 145, “Automated Traffic Enforcement Mobile Systems,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 307.12(1)“j” and 321P.3.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 321P.

Purpose and Summary

Proposed Chapter 145 establishes conditions, procedures, and responsibilities for the use of automated traffic enforcement mobile systems to issue citations for violations of the speed limit. These rules apply to local authorities using or planning to use an automated traffic enforcement mobile system.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 8, 2024

The Department received nine written comments from the city of Cedar Rapids. The nine comments included:

1.A request for the Department to add a permit application review time frame to rule 761—145.3(321P);

2.A statement that the Department is exceeding its authority by implementing a mobile location reevaluation process in subrule 145.5(1);

3.A request for the Department to establish a requirement for itself to issue a reevaluation report;

4.A request that the Department clarify in the rules that a local authority may continue to use a mobile system until an official decision is issued by the Department deeming the mobile location no longer necessary;

5.A request to revise paragraph 145.5(1)“e” to replace the term “implementation” with the term “consideration of”;

6.A request to delete paragraph 145.5(1)“f” as redundant;

7.A request to remove language in subrule 145.5(2) authorizing the Department to rescind a permit;

8.A request to modify the language in subrule 145.5(2) to state that the Department’s authority to request modification of a mobile system be limited to the exterior physical appearance of the mobile system; and

9.A request to remove the phrase “as deemed appropriate” from subrule 145.5(2).

The Department revised the rules in response to comments 1, 4, 5, 7 and 9, including adding a 180-day time frame for application review to subrule 145.3(3), specifying in new subrule 145.5(3) that a mobile system may continue to be operated at a location in the original permit until five days after the Department rescinds the permit or issues an amended permit with the disapproved location removed, clarifying in paragraph 145.5(1)“d” that safety countermeasures that were considered may factor into the Department’s reevaluation analysis, clarifying in subrule 145.5(2) that only a mobile location can be removed from a permit under these rules, and removing the unnecessary phrase “as deemed appropriate” from subrule 145.5(2). The Department declined to revise the rules in response to comments 2, 3, 6 and 8.

The Department also revised rule 761—145.6(321P) to clarify that the Department will schedule a contested case hearing within 45 days of receipt of an appeal request and that the decision by the Department’s presiding officer is final agency action.

Fiscal Impact

This rulemaking has no fiscal impact beyond the impact estimated by the Legislative Services Agency for 2024 Iowa Acts, House File 2681.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 28, 2025. Comments should be directed to:

Tracy George
Department of Transportation
DOT Rules Administrator, Government and Community Relations
800 Lincoln Way
Ames, Iowa 50010
Email: tracy.george@iowadot.us

Public Hearing

A public hearing at which persons may present their views orally will be held as follows:

January 28, 2025
9 to 10 a.m.

Microsoft Teams link
Or dial: 515.817.6093
Conference ID: 535 185 780

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing impairments, should contact Tracy George and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Adopt the following new761—Chapter 145:

CHAPTER 145

AUTOMATED TRAFFIC ENFORCEMENT MOBILE SYSTEMS

761—145.1(321P) General.

145.1(1) Purpose and applicability. This chapter establishes conditions, procedures, and responsibilities for the use of automated traffic enforcement mobile systems to issue citations for violations of the speed limit. These rules apply to local authorities using or planning to use an automated traffic enforcement mobile system.

145.1(2) Overview.

a.Mobile systems must comply with Iowa Code chapter 321P.

b.A local authority’s use of a mobile system is subject to the population limit identified in Iowa Code section 321P.3(2). However, a local authority of any population may use a mobile system to issue warnings in accordance with Iowa Code section 321P.3(3).

c.Use of a mobile system is limited to locations identified in Iowa Code section 321P.3(2).

d.Mobile systems are to be situated in a manner that:

(1)Maintains a safe environment for all road users.

(2)Allows for free passage along the roadway right-of-way.

(3)Minimizes the potential to cause backups or delays.

(4)Does not obstruct the view of other road users or traffic control devices.

145.1(3) Contact information. Information relating to this chapter may be obtained from the Traffic and Safety Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or at www.iowadot.gov/traffic.

145.1(4) Definitions. The definitions in Iowa Code section 321P.1 apply to this chapter. In addition:

“Automated traffic enforcement mobile system” or “mobile system” means a vehicle, trailer, or other portable apparatus containing one or more automated or remote systems for traffic law enforcement.

“Interstate road” means the same as “interstate roads” as defined in Iowa Code section 306.3.

“Location” means a street address, a block number, an intersection, or a mile marker and includes the direction of traffic being monitored.

“Primary road” means the same as “primary roads” as defined in Iowa Code section 306.3.

761—145.2(321P) Conditions for mobile systems.

145.2(1) Placement.

a.Except when used in a construction zone, a mobile system shall not be placed or parked:

(1)Less than 15 feet from any traffic lane of an interstate road unless shielded by a crashworthy barrier.

(2)On the outside shoulder of any non-interstate primary road for longer than 72 hours unless shielded by a crashworthy barrier.

(3)Within the median or on the inside shoulder of any road.

(4)Less than two feet behind the back of a curb on any road.

(5)Less than two feet from the edge of any traffic lane on any road.

b.When used in a construction zone, a mobile system shall be shielded by a crashworthy barrier unless it is placed or parked more than 15 feet from any active traffic lane.

145.2(2) Duration of use. Except when used in a construction zone, a mobile system shall not be used in one location for longer than three consecutive weeks or be used in one location for more than 21 days in any 45-day period. When used in a construction zone, a mobile system may be used in one location for the duration of construction activities.

145.2(3) Public notice. A local authority operating a mobile system shall provide information regarding where and when a mobile system will be used on the local authority’s Internet site or social media outlets.

145.2(4) Vehicles and trailers. A vehicle or trailer used as a mobile system shall be operated by a law enforcement agency, marked with distinguishing decals, and identified by a distinguishing license plate affixed to the vehicle or trailer.

761—145.3(321P) Permitting.

145.3(1) Initial permit. A local authority may apply for a permit by submitting a request to the department, following the procedure outlined in Iowa Code section 321P.2(2), for each location where a mobile system is proposed to be used. The department will not issue an initial permit before July 1, 2026.

145.3(2) Updating an existing permit. A local authority holding a permit may apply to update the permit with one or more additional locations by submitting a request to the department, following the procedure outlined in Iowa Code section 321P.2(2), for each location where a mobile system is proposed to be used.

145.3(3) Department review. The department will review the application within 180 days of receipt and will approve or deny each requested location based on the department’s determination that use of a mobile system is appropriate, necessary, and the least restrictive means to address the critical traffic safety issues at that location. Incomplete applications will be returned to the applicant. If approval is granted, the department will issue a permit listing all approved locations.

145.3(4) Exception for warnings. Use of a mobile system at a location solely for the issuance of warnings does not require a permit.

761—145.4(321P) Annual report.

145.4(1) A local authority using a mobile system shall submit to the department and post an annual report as described in Iowa Code section 321P.5(2).

145.4(2) The report must also include the following information from the previous calendar year for each location listed in the permit:

a.Number of days the mobile system was in use.

b.Count of all vehicles traveling past the mobile system while it was in use.

c.Speed distribution data for all vehicles traveling past the mobile system while it was in use.

d.Description of any changes in traffic patterns, roadway infrastructure, zoning, or land use.

e.Identification of any other safety countermeasures that have been implemented.

761—145.5(321P) Continued use of mobile system.

145.5(1) Reevaluation. The department will utilize information collected from the annual report to assist in annually evaluating the ongoing need for a mobile system at each location listed in the permit. Continued approval of each location will be contingent on the effectiveness of the mobile system in addressing the critical traffic safety issues and the local authority’s compliance with these rules and Iowa Code chapter 321P. The department may also consider the following factors in the reevaluation:

a.Changes in traffic speeds, volumes, or patterns.

b.Changes in roadway infrastructure.

c.Changes in zoning or land use.

d.Implementation or consideration of other safety countermeasures.

e.Appropriate administration of the mobile system by the local authority.

145.5(2) Reserve the right. The department reserves the right to rescind a permit, remove a mobile location from a permit, or require modification of a mobile system.

145.5(3) Continued use. A local authority may continue to operate a mobile system at a location listed in the original permit until five days after the date the department rescinds the permit or amends the permit to remove the mobile location.

761—145.6(321P) Appeal process. A local authority may appeal a decision made by the department under this chapter by submitting a written explanation of the issues for appeal and any supporting information to the director of transportation or director’s designee (director). Once the director receives the appeal, the department will schedule a contested case hearing within 45 days. The decision by the department’s presiding officer is final agency action.

These rules are intended to implement Iowa Code chapter 321P.