T&E ITEM 3
April 8, 2010
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Energy and Environment Committee
Robert
H.
Drummer, Senior Legislative Attorney
/2(\
(lfh:J
Worksession:
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed­
Monitoring Systems
Those Expected to attend this worksession:
Captain John Damskey, Montgomery County Police
William Snoddy, Associate County Attorney
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed-monitoring systems, sponsored
by the Council President at the request of the County Executive, was introduced on March 2,
2010. A public hearing was held on March 23.
Background
Bill 7-10 would permit the County Executive, by Executive Order, to authorize the Police
Department to deploy new fixed and mobile speed monitoring systems on streets in residential
districts with a maximum posted speed limit of 35 miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was authorized by Chapter
15, Laws of Maryland 2006, codified at §21-809 of the Transportation Article of the Maryland
Code. This law permitted Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a residential district
with a maximum posted speed of35 miles per hour and in established school zones. By Chapter
500 of the Laws of Maryland 2009, the General Assembly amended §21-809 of the
Transportation Article by prohibiting the operation of a speed monitoring system "unless its use
is authorized by the governing body of the local jurisdiction by local law enacted after
reasonable notice and a public hearing." This new law applies to any speed monitoring system
the County activates after October 1, 2009.
Public Hearing
There were 2 speakers at the March 23 public hearing. Both Lyle Schwartz, representing
the Chevy Chase West Neighborhood Association (©6-7), and Police Lt. James Humphries,
representing the Executive (©8-1 0), supported the Bill. Mr. Schwartz testified that Chevy Chase
West Neighborhood Association has had a request pending with the Police Department to install
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a new speed camera on Wisconsin Avenue in Chevy Chase that cannot be acted upon without
enactment of this Bill. Lt. Humphries testified that the Police Department has a current backlog
of approximately 100 locations where residents have requested speed cameras that cannot be
acted upon without enactment of this Bill.
Issues
1.
What is the fiscal and economic impact of the Bill?
The OMB fiscal impact statement (©5) anticipates no fiscal impact to the County from
the enactment of this Bill because it establishes a procedure for installing new speed cameras, but
does not authorize any new cameras. The cost to install and monitor a new speed camera is
offset by citation revenue. Under the County's current vendor contract, the vendor is responsible
for the cost of installing a speed camera. The vendor is paid $16.25 for each paid citation. Each
citation imposes a $40 fine. Speed camera program revenues were estimated to exceed program
costs by $13 million in the FYIO approved budget.
The Department of Finance concluded that the Bill would not have an economic impact
in the County.
2. How does the new State law change the County's speed monitoring program?
The 2006 law authorized speed cameras only in Montgomery County. The cameras
could be placed in an established school zone or on a highway in a residential zone with a
maximum speed limit of 35 miles per hour. Pursuant to this enabling act, the County currently
operates 60 fixed speed camera sites (22 in school zones) and 6 mobile speed camera vans at 59
mobile enforcement sites. The 2009 State law authorized speed cameras in all Maryland
Counties in established school zones and permitted Montgomery County to install new speed
cameras in both established school zones and other residential districts with a maximum speed
limit of 35 miles per hour. However, the 2009 law restricts the operation of cameras in school
zones to weekdays from 6 am to 8 pm, throughout the State, including Montgomery County.
The 2006 law permitted a citation for exceeding the posted speed by 10 miles per hour. The
2009 law permits a citation for exceeding the posted speed limit
by
12 miles per hour,
throughout the State, including Montgomery County.
The 2009 law contains additional procedural requirements for the installation of new
speed cameras. First, the governing body of a local jurisdiction must enact a local law
authorizing the installation of speed cameras. A local jurisdiction must publish the location of an
unmanned stationary speed camera on its website and in a newspaper of general circulation in
the jurisdiction before activating a new speed camera. The local jurisdiction must also place
notice of the use of a speed camera on each sign designating a school zone before activating an
unmanned stationary speed camera in a school zone. The 2009 law exempts speed cameras
installed in Montgomery County before October I, 2009 from these new procedural
requirements. The County Attorney described the effect of this 2009 law on the County's speed
monitoring program in an opinion dated July 21,2009 at ©11-14.
The County has been unable to install new stationary speed cameras or move the existing
speed cameras to new locations since the new law took effect on October 1, 2009. Expedited
2
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Bill 7-10 would enable the County to do this by pennitting the Executive, by Executive Order, to
authorize the Police Department to install new speed cameras. Bill 7-10 would also require
compliance with the new notice requirements of the 2009 law described above.
3. How would the process to establish a new unmanned stationary speed camera work
under Bill 7-10?
A description of the process that the Police Department would use to establish a new
unmanned stationary speed camera location under Bill 7-10 is at © 15. The site selection process
would include crash data analysis, community input, a review of complaints and requests,
roadway assessments, a review of vehicular and pedestrian traffic characteristics, and a site visit.
The final decision on suitability and ultimate deployment would be a balance of safety, needs of
the community and the limited nature of this resource. Each site selected must be approved by
Executive Order. The Department of Police would then publish the location of the selected site
on its website and in a newspaper of general circulation within Montgomery County before the
camera would be activated.
4. Should the Council enact Bill 7-10?
The Council's Office of Legislative Oversight (OLO) published a comprehensive review
of the County's speed camera program in September 2009.
1
OLO found that few drivers
repeatedly pass speed cameras at excessive speeds, speed camera citations for a location drop
precipitously during the first year, vehicle speeds declined by an average of 6% at speed camera
locations, and vehicle collisions near speed cameras declined by 28% over one year. All of these
findings support the extension of the speed monitoring program in the County for safety reasons.
Bill 7-10 is an essential first step toward extending this program. Since the 2009 State law, both
Baltimore County (©16) and Prince George's County (©17) have enacted similar local laws
authorizing the installation of speed cameras. Council staff recommendation: enact Expedited
Bill 7-10 as introduced.
This packet contains:
Expedited
Bill
7-10
Legislative Request Report
Memo from Executive
Fiscal Impact Statement
Testimony of Lyle Schwartz
Testimony ofLt. James Humphries
County Attorney Opinion dated July 21, 2009
Speed Camera Site Selection Process
Baltimore County Code Excerpt
Prince George's County Code Excerpt
Circle #
1
3
4
5
6
8
11
15
16
17
F:\LAW\BILLS\] 007 Speed Monitoring Systems\T&E Memo. Doc
The
full aLa
Report can be viewed on the Council's website at
http://www .montgomerycountymd.gov/contenticoullciliolo/reports/pdfI20 10-3 speed.pdf .
I
3
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Expedited Bill No.
-:-,-7-::,-1:..:0~_-:------:
Concerning: Motor Vehicles and Traffic ­
Speed-monitoring systems
Revised: February 16,2010 Draft No.
L
Introduced:
March 2, 2010
Expires:
September 2, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-'N:....:;o=.:.n.!:=e~
_ _ _ __
Ch.
, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1 )
authorize the use of speed monitoring systems on certain highways under certain
circumstances; and
(2)
generally regulate the use of speed monitoring systems in the County .
By adding
Montgomery County Code
Chapter 31, Motor Vehicles and Traffic
Section 31-9A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
7-10
1
Sec.
1.
Section 31-9A is added as follows:
31-9A. Speed Monitoring Systems Authorized.
2
3
4
ill
Definitions.
In this Section, the following words have the meanings
indicated:
5
6
7
School zone
means an area within
f!
half-mile radius of any school
established
Qy
the State Highway Administration or the County
pursuant to the Maryland Transportation Code §21-803.1.
8
9
10
11
12
Speed monitoring system
means
f!
device with one or more motor
vehicle sensors producing recorded images of motor vehicles traveling
at speeds at least 12 miles per hour above the posted speed limit.
®
The County Executive may authorize,
Qy
Executive Order, the use of
f!
speed monitoring system in the County:
13
14
ill
ill
ill
on
f!
highway in
~
residential district with
~
maximum posted
speed limit of35 miles per hour, and
on
~
highway in
~
school zone.
15
16
17
18
19
An
unmanned stationary speed monitoring system must not be
activated for the first time after October
L
2009 until the Executive
publishes notice of the location of the speed monitoring system on the
County's website and in
County.
@
~
newspaper of general circulation in the
20
21
If
~
speed monitoring system is placed on
~
highway in
~
school zone,
each sign that designates the school zone must indicate that
monitoring system is in use.
~
22
23
24
speed
Sec. 2.
Expedited Effective Date.
25
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
becomes law.
26
27
28
o
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LEGISLATIVE REQUEST REPORT
Expedited Bill
7-10
Motor Vehicles and Traffic
-
Speed-monitoring systems
DESCRIPTION:
This Bill would permit the County Executive, by Executive Order, to
authorize the Department of Police to deploy new fixed and mobile speed
monitoring systems on streets in residential districts with a maximum
posted speed limit of35 miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was
authorized by Chapter 15, Laws of Maryland 2006, codified at § 21-809 of
the Transportation Article of the Maryland Code. This law permitted
Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a
residential district with a maximum posted speed of 35 miles per hour and
in established school zones. By Chapter 500 of the Laws of Maryland
2009, the General Assembly amended § 21-809 of the Transportation
Article by prohibiting the operation of a speed monitoring system "unless
its use is authorized by the governing body of the local jurisdiction by
local law enacted after reasonable notice and a public hearing." This new
law applies to any speed monitoring system the County activates after
October 1,2009.
PROBLEM:
GOALS AND
OBJECTIVES:
To permit the County to continue to deploy speed monitoring systems on
residential streets and in school zones within Montgomery County in
accordance with State law.
COORDINATION:
Department of Police, County Attorney's Office
FISCAL IMPACT:
None.
ECONOMIC
IMP ACT:
None.
William
A.
Snoddy, Associate County Attorney, (240) 777-6722
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
F:\LAW\BILLS\I 007 Speed Monitoring Systems\LRR.DOC
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t1F,
Q...C..
S~r
LL
054066
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
SS1)
LAt-t
Isiah Leggett
County Executive
MEMORANDUM
February 2,2010
TO:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, County Executive
Speed Camera Authorization
FROM:
SUBJECT:
1
am submitting for Council introduction a bill that would authorize Montgomery
County to deploy new speed cameras on streets in residential districts with a maximum posted
speed limit of 35 miles per hour and in school zones. I am also attaching a Legislative Request
Report for the bill. The bill would allow the Montgomery County Police Department (MCPD) to
deploy cameras at sites where cameras were not in operation before October 1, 2009, as required
by legislation enacted by the Maryland General Assembly in 2009.
In
2006, the General Assembly enacted a law which authorized Montgomery
County and municipalities within the County which have police departments to operate speed
monitoring systems on streets in residential districts with a maximum posted speed of35 miles
per hour and in school zones.
In
2009, the General Assembly enacted a law which extended this
authority to other counties and municipalities in the State. However, the 2009 law prohibited any
jurisdiction from operating a speed monitoring system "unless its use is authorized by the
governing body ofthe local jurisdiction by local law enacted after reasonable notice and a public
hearing." This requirement applies to any new speed camera deployed in the County after
October 1,2009.
I look forward to working with the Council to enact this bill.
cc:
J. Thomas Manger, Chief, Department of Police
William Snoddy, Assistant County Attorney
Captain John Damskey, SOD Traffic Division
Kathleen Boucher, Assistant Chief Administrative Officer
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~\l..\""
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lSJAN:
cc...
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055405
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
~Pb
I
. Joseph
F.
Beach
Director
MEMORANDUM
March 25,2010
TO:
FROM:
Nancy Floreen,
Joseph F. Bea ,
N
""-t)
_.,
SUBJECT: Expedited Bill 7-10, Motor Vehicles and Traffic - Speed Monitoring
;:;::::
-"'­
9
I...;J
-i
The purpose of this memorandum is to transmit a fiscal impact statement to the
Council on the subject legislation.
LEGISLATION SUMMARY
a
-<
The proposed legislation would permit the County Executive, by Executive Order, to
authorize the Police Department to deploy new fixed and mobile speed monitoring systems on
streets in residential districts with a maximum posted speed limit of 35 miles per hour and in school
zones.
FISCAL SUMMARY
There is no anticipated fiscal impact to the County from the enactment of this Bill.
State Law (Chapter 15, Laws of Maryland 2006) governing County operation of speed monitoring
systems requires that any new speed cameras activated after October 1, 2009 must be authorized by
the County's governing body. This Bill, to comply with the State Law, establishes a procedural
approval process for authorizing new speed cameras that are activated after October 1, 2009 in
which the County Executive, by Executive Order, authorizes new cameras. The Bill requires the
County Executive to publish notice ofthe location of new speed monitoring system on the County's
website and in a newspaper of general circulation in the County. The Bill itself does not authorize
any new cameras. The costs of installing any additional speed monitoring cameras, however, are
the responsibility of the vendor under contract with County government. The related fiscal impact
of any additional speed monitOring cameras including vendor payments and citation revenues is
addressed during the annual consideration of the County's operating bUdget.
ECONOMIC IMPACT STATEMENT
The Department of Finance reviewed the bill and determined that there is no economic
impact to the County.
Office of the Director
101 Monroe Street,
14th Floor • Rockville, Maryland 20850 •
240-777-2800
www.montgomerycountymd.gov
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. March 23, 2010
.
.
.
Good. evening and thank you for the opportunity to speak .. My
name is Lyle Schwartz and I represent the Chevy. Chase West
Neighborhood Association. We are a community of nearly 500
homes between. Wisconsin Avenue and Little Falls Parkway and
Bradley and DnJmmond. For several years our Association has
actively pursued irnprovementsin traffic and .transportation that
would ease pedestrian and. bicycle. mobility and safety while
facilitating vehicular traffic both. .within and through our
neighborhood. We have commissioned independent studies by
professional traffic engineers and presented their findings and
. suggestions. to local and state officials in. an . ongoing effort to
. improve transportation in our neighborhood.
In particular this evening, I would like to address our advocacy for
speed cameras on Wisconsin Avenue between Dorset Avenue
and Bradley Boulevard. Heavy vehicular traffic (approximately
40,000 vehicles per day) on Wisconsin Avenue imposes a barrier
to motorists as well as pedestriaqs and bicyclists attempting to.
cross traffic or to walk or bike
adj~centto
traffic. In addition
Somerset Elementary School and Concord Hill Schools are
located within close proximity to this stretch of highway. 89
collisions (including one fatality) occurred on this short stretch
between January 2004 and November 2007.
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The Chevy Chase West Association has worked for over a year to
implement strategies similar to those successfully utilized on
Connecticut Avenue, a corridor to the east with remarkably similar
characteristics. In the Connecticut Avenue corridor Jthe posted
speed limit was reduced from 35 to 30 mph, and speed cameras,
pedestrian crossings and warning signs were all installed.
In its comprehensive review of the Safe Speed Program, the
CouncilJs Office of Legislative Oversight found that the two fixed .
cameras and four portable cameras on Connecticut led to 13%
reduction in overall speed and a 34% overall drop in crashes,
after onryone year of operation.
Implementing a simitar use of speed cameras and speed limit
reduction in the Wisconsin Avenue corridor north of Dorset
Avenue would reduce the traveling speed in this section of
. corridor. However, a 5 mph reduction in speed between Bradley
and Dorset would only increase travel time by approximately 11
seconds.
Given the effectiveness of the County's speed program in
general, as well as the effectiveness of speed cameras and other
measures in the similar Connecticut Avenue corridor, a practical
and logical conclusion is to implement similar strategies in the
Wisconsin Avenue corridor.
Westrongly endorse passage of the proposed legislation that·
would expedite the process for addressing the installation of
speed cameras. Our request has been pending for months· along
with other locations recommended by other communities. We .
await the opportunity to present our case to the Police but they· .
need this legislation enacted to begin the process. We urge the
Council to approve it.
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Expedited Bill 7-10
Motor Vehicles and Traffic - Speed Monitoring Systems
Public Hearing - March 23, 2010
Testimony of Lieutenant Jim Humphries on behalf of the County Executive
Good Evening. I am Lieutenant Jim Humphries with the Montgomery County
Police Department and I am here to testify in support of Expedited Bill 7-10 on behalf of
the County Executive and the Police Chief.
This bill would authorize the Police Department to deploy new speed cameras on
streets in residential districts with a maximum posted speed limit of 35 miles per hour
and in school zones. More specifically, the bill would allow the Police Department to
deploy cameras at sites where cameras were not
in
operation before October 1, 2009, as
required by legislation enacted by the Maryland General Assembly in 2009.
In 2006, the General Assembly enacted a law which authorized
Montgomery County, and municipalities within the County which maintain police
departments, to operate speed monitoring systems on streets in residential districts with a
maximum posted speed of 3 5 miles per hour and in school zones. In 2009, the General
Assembly enacted a law which extended this authority to other counties and
municipalities in the State. However, the 2009 law prohibited any jurisdiction from
operating a speed monitoring system "unless its use is authorized by the governing body
of the local jurisdiction by local law enacted after reasonable notice and a public
hearing." This 2009 requirement applies to any new speed camera deployed in the
County after October 1, 2009.
Today, the Safe Speed Program utilizes automated enforcement in many different
locations, including 60 fixed camera sites (22 of which are in school zones) and 6 mobile
speed camera vans at 59 mobile enforcement sites. This bill would allow for deployment
on roads in need of automated enforcement but not identified before October 1, 2009.
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Montgomery County began automated speed enforcement in 2007 following
approval of the General Assembly. Since that time, we have observed speeds on targeted
roadways decrease and safety increase in the following ways.
~
The
annual number of collisions within a half mile of speed camera sites
decreased by 28% in the 12 months after speed camera activation as compared to
the annual number for the previous four years.
~
Collisions
involving an injury or fatality declined by 39% in the vicinity of speed
cameras compared to the pre-program rate.
~
The
annual number of rear-end collisions in the vicinity of speed cameras
decreased by 18% in the 12 months after speed camera activation.
~
Speeds
have decreased near speed camera sites. After one year of automated
enforcement, the percent of vehicles exceeding the speed limit within lh mile of
camera sites was cut in half. During the 1st full month after activation, 25% of
vehicles passed fixed speed camera sites traveling above the speed limit, with 2%
of those vehicles passing at 11 or more miles per hour above the speed limit. 1
year later, the percent of vehicles traveling above the speed limit decreased to
13 % with less than 1% of vehicles speeding at 11 or more miles above the speed
limit.
This bill will allow the County to continue to address speeding concerns voiced
by the public in an effective and efficient manner. At the present time, there is a backlog
of approximately 100 locations where residents have requested the use of speed cameras.
When a possible location is suggested, the Police Department completes an extensive
threat assessment which includes a site analysis, traffic study, and review of accident
rates. The presence of schools, sidewalks, and pedestrians is considered. A panel of
community representatives is convened and this Citizens Advisory Board for Traffic
Issues (CABTI) is then consulted for input.
(j)
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In sum, enactment of Bill 7-10 would allow the Police Department to continue to
address concerns about speeding throughout our County. The Safe Speed Program is
successfuL The decrease in collisions and the percent of vehicles traveling above the
speed limit provides further evidence of the effect of speed cameras on the safety of
drivers in the County and on driver behavior. Residents, workers, and visitors currently
enjoy safer roadways as a result. This bill would allow the County to extend these results
to new parts of the County in the coming years.
Thank you for your attention and for allowing me to speak on this matter.
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Isiah
Leg(~ett
_0
County bxecutive
OFFICE OF THE COUNTY ATTORNEY
MEMORA~DUM
Leon
Rodrihruez
County Attorney
TO:
Karen Orlansky, Director
Office of Legislati vc Oversight
Leon
County Attorney-­
Marc Hansen
THRU:
ROdrigu~~ ~
~
;nfY))'
THRU:
Deputy County
AttO~~~i <~1 ~
FROM:
William
A.
Snoddy
/\
Associate County
AttOm,~Y'fI,L?
,
,/
HI)
DATE:
RE:
July
21,2009
Impact of the
2009
Statewide Speed Camera Law on the County's Safe Speed
Program
You requested that the County Attorney advise your oftice how the recently enacted
2009
State law authorizing statewide use of automated speed monitOling systems will affect the
implementation. administration, and operation of existing County and municipal speed camera
programs. You asked that the opinion answer six questions. In short. the
2009
speed camera
law's impact on County and municipal speed camera programs is relatively minor. The new law.
however,
wiII
require that the County and other municipal speed camera operators to make
changes to their respective programs.
BACKGROUND:
'The use of speed camcras in Montgomery County was authorized by Chapter 15, Laws of
Maryland
2006
(HB 443).
The
speed camera law is codified at
§
21-809
of the Transportation
Article of the Maryland Codc. The law pennits Montgomery County and municipalities within
the County that have police departments, to operate speed monitoring systems on a highway in a
residential district with a maximum posted speed of 35 miles per hour and in established school
zones. MD. CODE ANN., TRANS. §
21-809(b)(1)(i), (2)(i).
Tickets may only be issued to
registered owners ofvehic1cs that a speed monitoring system records as traveling at least 10
miles pcr hour above the posted speed limit. See, MD. CODE ANN., TRANS.
§
21-809(a)(5).
And
the civil penalty for a violation may not exceed $40. MD. CODE ANN., TRANS.
§
21-809(c)(3).
If
101 Monroe StreC'. Rock ville. Maryland
20~50
(240) 777-67'22 • TrO (240) 777-2545 • FAX (240) 777-6705 •
wil!iam.sl1oddy(ifmotltgomcryc(juntyllld.go~·
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the owner ofthe vehicle was not operating the vehicle at the time ofthe violation, the owner can
transfer liability to the driver by aftinning that fact under oath and submitting the actual driver's
name and address to the district court. MD. CODE ANN., TRANS. § 21-809(f)(4). If the fine is not
paid, the State Motor Vehicle Administration may refuse to register the vehicle cited or suspend
its registrations, regardless of who was driving.
MD.
CODE
ANN.,
TRANS.
§
21-809(g).
QUESTIONS
i"\'~D
ANSWERS:
]. The 2009 law restricts the operation of speed cameras in school zones to weekdays from
6:00 A.M. to 8:00 P.M. Will this new time restriction apply to speed cameras in school
zones that were operational before October 1, 2009'1 What about speed cameras in
residential districts.
The school zone time restriction, which will be coditied at MD. CODE ANN. TRANS.
§
21­
809(b)(1)(vi), will apply to all school zone speed monitoring systems in the County
regardless of when they became operable. Section 2 of Chapter 500 of the Laws of Maryland
2009 (SB 277) is an uncodified provision that excludes application of certain subsections of
the new law to speed monitoring systems installed and operated in Montgomery County
before October 1, 2009, specifically
§
21-809(b)(i), (iii), and (v). This uncodified provision
does not exempt the County's currently operating speed cameras from the requirement in the
2009 law that restricts the hours of operation of a speed camera in a school zone. This
provision will likely have the greatest impact on the County's program as it will require the
County to take school zone cameras out of service on Saturdays and Sundays and for 10
hours on weekdays.
With respect to speed cameras in residential districts, the new law does not impact the
County's ability to continue to place cameras in those areas. After October 1,2009, however,
the County may place a speed monitoring system in a residential district only after the
cameras use has been authorized by the County Executive and Council "by local law enacted
after reasonable notice and a public hearing." See, MD. CODE ANN. TRANS. § 21-809(b)( 1)(i).
This provision also applies to cameras placed in school zones after October 1, 2009.
2. The 2009 law increases the threshold for photographing speeding vehicles from 10 to 12
miles per hour above the posted limit[]. How will this provision affect the operation of
the County's speed cameras, including those installed before October 2009'1
This change, which applies to all speed cameras, should have little impact on the
County's speed cameras. Currently, County speed cameras are set to record images of
vehicles that are going at least 11 miles per hour above the posted speed limit. Complying
with this provision will only require an adjustment of the speed threshold.
3. How will the provisions on highway work zone speed cameras in the 2009 law affect
County and municipal speed camera programs?' Will local or State entities be responsible
for the implementation and administration of work zone speed camera enforcement in the
County?
2
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The highway work zone speed camera provisions in the 2009 law will have minimal
impact on County and municipal speed camera programs. The law does not require County
and municipal police departments to place speed cameras in highway work zones. The law
simply permits the placement of speed cameras in highway work zones subject to regulations
establishing standards and procedures for such systems. The State Police and the State
Highway Administration are charged with responsibility for adopting those regulations. See,
SB 277 at MD. CODE ANX TRANS.. § 21-81 O(k). The Montgomery County Department of
Police has no present intention of placing work zone speed cameras on 1-495 and 1-270.
4. The 2009 law includes new provisions that specify local authorization, warning periods,
and notice/outreach requirements for speed cameras. The law exempts speed cameras in
the County from these provisions. Please clarify how these exemptions apply to speed
cameras installed both before and after October 1, 2009?
Section 7 of Chapter 500 of the Laws of Maryland 2009 (SB 277) is an uncodified
provision that states,
21-809(b)(l)(i), (iii), and (v) of the Transportation Article, as
enacted in Section I of this Act, does not apply to speed monitoring systems installed and
operated in Montgomery County before October 1,2009." This means that only those speed
monitoring systems that are up and running prior to October 1,2009, are not subject to the
requirement that they are authorized by local law and that their location be advertised on the
web and in a local newspaper. Any speed monitoring system in the County that begins
operating after October 1,2009, would be subject to all of the new law's provisions except
the requirement regarding the issuance of warning tickets since speed cameras would not be
the "first" in the County. As stated above each individual speed monitoring system or
camera placed in service after October 1,2009, must be authorized by local law enacted after
reasonable notice and a public hearing.
5. How will the 2009 law affect the County's and municipalities' collection and allocation
of revenue from speed cameras?
Linder the new law municipalities in the County will be able to collect their own fines.
See, SB 277 at
~
21-809(d)(5)(i). Presently, all tines must be paid to the County, which then
forwards payments on a monthly basis to municipalities for tickets issued by them.
Additionally, the new law caps the amount of speed camera-generated revenue local and
municipal governments may keep. Gov{;''ITll1lents may recover the cost impk'1llcnting and
administering speed cameras and spend the remaining balance "solely for public safety
purposes, including traffic safety programs." SB 277 at MD. CODE ANN. CTS.
&
JUD. PROC.
§
7-302( e)( 4)(i). If, aftt.'T the costs of operating speed monitoring systems are recovered. the
balance remaining from fines collected by a political subdivision exceeds 10 percent of the
total revenues tor the fiscal year, the political subdivision must remit any funds that exceed
the 10 percent threshold to the State Comptroller. MD. CODE ANN. CTS.
&
JUD. PROC. § 7­
302(e)(4)(ii). This provision will not have any impact on the County.
6. The 2009 law requires all jurisdictions operating speed cameras to report back to the
Governor and General Assembly by December 31, 2013 on the "effectiveness of speed
monitoring systems" in their respective jurisdiction. Since Montgomery County is
3
@
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reporting back to the legislature by December 31,2009, does this new provision for
reporting mean the County is required to provide a second report in 2013?
Yes, the County is subject to the 2013 reporting provision. The issue is whether the
County is subject to the 2009 reporting provision. [ do not believe that it is. The Court of
Appeals has held that when the legislature repeals and reenacts a statute in such a manner as to
demonstrate its intention that the statute be a "complete system of legislation in regard to the
matter, the statute thus passed must he considered as a suhstitute for all prior laws on the subject,
and the provisions of such prior laws as are not embraced by the latter statute are thereby
repealed."
State v. American Bonding Co. a/Baltimore,
128 Md. 268, 272-273 (1916).
See also,
Aviles v. Eshelman Electric Corp.,
281 Md. 529, 535
(1977)
(holding that once prior law was
repealed without a savings provision the affected sections disappeared "as though they never
existed"). Despite this state ofthe law, it is my strong recommendation that the County file the
report by the current deadline.
If you have any concerns or questions conccming this memorandum please call William
A.
Snoddy, Associate County Attorney at (240) 777-6722
4
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Montgomery County Police
Safe Speed Site Selection Process
Identifying roadways for automated enforcement is key to the success of the Safe Speed
program and the first step in an extensive process of threat assessment and site selection.
Selection is the responsibility of the Department of Police and includes crash data
analysis, community input, complaints and requests, roadway assessments and vehicular
and pedestrian traffic characteristics. The review of crash data includes the number of
property damage, personal injury and fatal collisions.
After identifying a roadway for potential selection based on the above information, a
thorough review process is initiated encompassing the following:
• Site visit to examine the following:
1. topography
2. roadway design
3. presence of sidewalks, crosswalks
4. volume of pedestrian traffic influenced by attractions such as schools,
community centers, places of worship, recreation centers and the like
5. presence of driveways, intersections
6. existence of schools, daycare facilities, playgrounds, parks, retirement
communities, pools
7. proximity of bus stops
8. existence of alternative traffic calming methods such as speed humps or
roadway redesign
• Complete a traffic volume and speed analysis
• Collision endangerment review
• Review data/findings with the Citizens Advisory Board on Traffic Issues
(CABTI) for input, comment and prioritization of enforcement
• Compliance with all Maryland Transportation Article elements
The final decision on suitability and ultimate deployment is a balance of safety, needs of
the community and the limited nature of this resource. The Traffic Division conducts
periodic reviews of the sites to determine suitability for continued Safe Speed
enforcement efforts based upon revised collision data, speed analysis and/or roadway
design changes being initiated, completed or planned.
Once a site is selected, the Department of Police will prepare for the County Executive's
signature an Executive Order pursuant to Administrative Procedure 1-3 authorizing the
use of the speed monitoring system. The Department of Police will then publish the
location of the selected site on its website and in a newspaper of general circulation
within Montgomery County before the camera is activated. These procedures only apply
to speed monitoring system sites established after October 1,2009.
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Baltimore County Code
ART!ClE 18. TRANSPORTATION
TiTLE 4. SPEED MONITORING SYSTEMS
TITLE 4. SPEED MONITORING SYSTEMS
Section
18-4-101.
1[-4:102.
18-4-103.
Definition
Enforcement of citations
Limited use in school zones
§
18-4-101. DEFINITION.
In this title, "speed monitoring system" means a device with one or more motor vehicle sensors
producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above
the posted speed limit.
(Bill No. 61-09,
§
1,10-1-2009)
§
18-4-102. ENFORCEMENT OF CITATIONS.
In accordance with
§
21-809 ofthe Transportation Article of the Annotated Code of Maryland,
the county may use and enforce citations issued from speed
monitoring
systems within the county.
(Bill No. 61-09,
§
1,10-1-2009)
Editor's note:
Section
2
ofBill No. 61-09 provides that for 30 days after the first speed monitoring
s.Fslem
is
activated under Article
18,
Title
4
ofthe Baltimore County Code, 2003, a violation recorded by
any speed monitoring system may only be enforced by issuance ofa warning.
§
18-4-103. LIMITED USE IN SCHOOL ZONES.
The Police Department, in consultation with other offices and departments of the county
government, may develop a program for the procurement, use and implementation of speed
monitoring systems in not more than 15 school zones, in accordance with
§
21-809 of the
Transportation Article of the Annotated Code of Mary land.
(Bill No. 61-09, §1, 10-1-2009)
http://www.amlegal.cominxt/gateway.dlllMarylandibaltimore_co/article18transportation/ti ... 2/17/2010
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Prince George's County Code
Sec. 26-114.01.
Authority to install and utilize speed monitoring systems ..
(a) Pursuant to Section 21-809 of the Transportation Article of the Annotated Code of
Maryland, as may be amended from time to time, Prince George's County is authorized to use Speed
Monitoring Systems to regulate traffic.
(b) The Director, in conjunction with the Chief ofPolice, and the County Council is authorized
to determine those locations where speed monitoring systems are to be installed.
(c) All speed monitoring systems shall conform to, and be used in accordance with, the
requirements of the Transportation Article of the Annotated Code of Maryland.
(CB-37-2009)
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T&E ITEM 3
April 8, 2010
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Energy and Environment Committee
Robert
H.
Drummer, Senior Legislative Attorney
/2(\
(lfh:J
Worksession:
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed­
Monitoring Systems
Those Expected to attend this worksession:
Captain John Damskey, Montgomery County Police
William Snoddy, Associate County Attorney
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed-monitoring systems, sponsored
by the Council President at the request of the County Executive, was introduced on March 2,
2010. A public hearing was held on March 23.
Background
Bill 7-10 would permit the County Executive, by Executive Order, to authorize the Police
Department to deploy new fixed and mobile speed monitoring systems on streets in residential
districts with a maximum posted speed limit of 35 miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was authorized by Chapter
15, Laws of Maryland 2006, codified at §21-809 of the Transportation Article of the Maryland
Code. This law permitted Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a residential district
with a maximum posted speed of35 miles per hour and in established school zones. By Chapter
500 of the Laws of Maryland 2009, the General Assembly amended §21-809 of the
Transportation Article by prohibiting the operation of a speed monitoring system "unless its use
is authorized by the governing body of the local jurisdiction by local law enacted after
reasonable notice and a public hearing." This new law applies to any speed monitoring system
the County activates after October 1, 2009.
Public Hearing
There were 2 speakers at the March 23 public hearing. Both Lyle Schwartz, representing
the Chevy Chase West Neighborhood Association (©6-7), and Police Lt. James Humphries,
representing the Executive (©8-1 0), supported the Bill. Mr. Schwartz testified that Chevy Chase
West Neighborhood Association has had a request pending with the Police Department to install
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a new speed camera on Wisconsin Avenue in Chevy Chase that cannot be acted upon without
enactment of this Bill. Lt. Humphries testified that the Police Department has a current backlog
of approximately 100 locations where residents have requested speed cameras that cannot be
acted upon without enactment of this Bill.
Issues
1.
What is the fiscal and economic impact of the Bill?
The OMB fiscal impact statement (©5) anticipates no fiscal impact to the County from
the enactment of this Bill because it establishes a procedure for installing new speed cameras, but
does not authorize any new cameras. The cost to install and monitor a new speed camera is
offset by citation revenue. Under the County's current vendor contract, the vendor is responsible
for the cost of installing a speed camera. The vendor is paid $16.25 for each paid citation. Each
citation imposes a $40 fine. Speed camera program revenues were estimated to exceed program
costs by $13 million in the FYIO approved budget.
The Department of Finance concluded that the Bill would not have an economic impact
in the County.
2. How does the new State law change the County's speed monitoring program?
The 2006 law authorized speed cameras only in Montgomery County. The cameras
could be placed in an established school zone or on a highway in a residential zone with a
maximum speed limit of 35 miles per hour. Pursuant to this enabling act, the County currently
operates 60 fixed speed camera sites (22 in school zones) and 6 mobile speed camera vans at 59
mobile enforcement sites. The 2009 State law authorized speed cameras in all Maryland
Counties in established school zones and permitted Montgomery County to install new speed
cameras in both established school zones and other residential districts with a maximum speed
limit of 35 miles per hour. However, the 2009 law restricts the operation of cameras in school
zones to weekdays from 6 am to 8 pm, throughout the State, including Montgomery County.
The 2006 law permitted a citation for exceeding the posted speed by 10 miles per hour. The
2009 law permits a citation for exceeding the posted speed limit
by
12 miles per hour,
throughout the State, including Montgomery County.
The 2009 law contains additional procedural requirements for the installation of new
speed cameras. First, the governing body of a local jurisdiction must enact a local law
authorizing the installation of speed cameras. A local jurisdiction must publish the location of an
unmanned stationary speed camera on its website and in a newspaper of general circulation in
the jurisdiction before activating a new speed camera. The local jurisdiction must also place
notice of the use of a speed camera on each sign designating a school zone before activating an
unmanned stationary speed camera in a school zone. The 2009 law exempts speed cameras
installed in Montgomery County before October I, 2009 from these new procedural
requirements. The County Attorney described the effect of this 2009 law on the County's speed
monitoring program in an opinion dated July 21,2009 at ©11-14.
The County has been unable to install new stationary speed cameras or move the existing
speed cameras to new locations since the new law took effect on October 1, 2009. Expedited
2
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Bill 7-10 would enable the County to do this by pennitting the Executive, by Executive Order, to
authorize the Police Department to install new speed cameras. Bill 7-10 would also require
compliance with the new notice requirements of the 2009 law described above.
3. How would the process to establish a new unmanned stationary speed camera work
under Bill 7-10?
A description of the process that the Police Department would use to establish a new
unmanned stationary speed camera location under Bill 7-10 is at © 15. The site selection process
would include crash data analysis, community input, a review of complaints and requests,
roadway assessments, a review of vehicular and pedestrian traffic characteristics, and a site visit.
The final decision on suitability and ultimate deployment would be a balance of safety, needs of
the community and the limited nature of this resource. Each site selected must be approved by
Executive Order. The Department of Police would then publish the location of the selected site
on its website and in a newspaper of general circulation within Montgomery County before the
camera would be activated.
4. Should the Council enact Bill 7-10?
The Council's Office of Legislative Oversight (OLO) published a comprehensive review
of the County's speed camera program in September 2009.
1
OLO found that few drivers
repeatedly pass speed cameras at excessive speeds, speed camera citations for a location drop
precipitously during the first year, vehicle speeds declined by an average of 6% at speed camera
locations, and vehicle collisions near speed cameras declined by 28% over one year. All of these
findings support the extension of the speed monitoring program in the County for safety reasons.
Bill 7-10 is an essential first step toward extending this program. Since the 2009 State law, both
Baltimore County (©16) and Prince George's County (©17) have enacted similar local laws
authorizing the installation of speed cameras. Council staff recommendation: enact Expedited
Bill 7-10 as introduced.
This packet contains:
Expedited
Bill
7-10
Legislative Request Report
Memo from Executive
Fiscal Impact Statement
Testimony of Lyle Schwartz
Testimony ofLt. James Humphries
County Attorney Opinion dated July 21, 2009
Speed Camera Site Selection Process
Baltimore County Code Excerpt
Prince George's County Code Excerpt
Circle #
1
3
4
5
6
8
11
15
16
17
F:\LAW\BILLS\] 007 Speed Monitoring Systems\T&E Memo. Doc
The
full aLa
Report can be viewed on the Council's website at
http://www .montgomerycountymd.gov/contenticoullciliolo/reports/pdfI20 10-3 speed.pdf .
I
3
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Expedited Bill No.
-:-,-7-::,-1:..:0~_-:------:
Concerning: Motor Vehicles and Traffic ­
Speed-monitoring systems
Revised: February 16,2010 Draft No.
L
Introduced:
March 2, 2010
Expires:
September 2, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-'N:....:;o=.:.n.!:=e~
_ _ _ __
Ch.
, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1 )
authorize the use of speed monitoring systems on certain highways under certain
circumstances; and
(2)
generally regulate the use of speed monitoring systems in the County .
By adding
Montgomery County Code
Chapter 31, Motor Vehicles and Traffic
Section 31-9A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
7-10
1
Sec.
1.
Section 31-9A is added as follows:
31-9A. Speed Monitoring Systems Authorized.
2
3
4
ill
Definitions.
In this Section, the following words have the meanings
indicated:
5
6
7
School zone
means an area within
f!
half-mile radius of any school
established
Qy
the State Highway Administration or the County
pursuant to the Maryland Transportation Code §21-803.1.
8
9
10
11
12
Speed monitoring system
means
f!
device with one or more motor
vehicle sensors producing recorded images of motor vehicles traveling
at speeds at least 12 miles per hour above the posted speed limit.
®
The County Executive may authorize,
Qy
Executive Order, the use of
f!
speed monitoring system in the County:
13
14
ill
ill
ill
on
f!
highway in
~
residential district with
~
maximum posted
speed limit of35 miles per hour, and
on
~
highway in
~
school zone.
15
16
17
18
19
An
unmanned stationary speed monitoring system must not be
activated for the first time after October
L
2009 until the Executive
publishes notice of the location of the speed monitoring system on the
County's website and in
County.
@
~
newspaper of general circulation in the
20
21
If
~
speed monitoring system is placed on
~
highway in
~
school zone,
each sign that designates the school zone must indicate that
monitoring system is in use.
~
22
23
24
speed
Sec. 2.
Expedited Effective Date.
25
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
becomes law.
26
27
28
o
F:\LAw\BlLLS\l007 Speed Monitoring Systems\BiIl2.DOC
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LEGISLATIVE REQUEST REPORT
Expedited Bill
7-10
Motor Vehicles and Traffic
-
Speed-monitoring systems
DESCRIPTION:
This Bill would permit the County Executive, by Executive Order, to
authorize the Department of Police to deploy new fixed and mobile speed
monitoring systems on streets in residential districts with a maximum
posted speed limit of35 miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was
authorized by Chapter 15, Laws of Maryland 2006, codified at § 21-809 of
the Transportation Article of the Maryland Code. This law permitted
Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a
residential district with a maximum posted speed of 35 miles per hour and
in established school zones. By Chapter 500 of the Laws of Maryland
2009, the General Assembly amended § 21-809 of the Transportation
Article by prohibiting the operation of a speed monitoring system "unless
its use is authorized by the governing body of the local jurisdiction by
local law enacted after reasonable notice and a public hearing." This new
law applies to any speed monitoring system the County activates after
October 1,2009.
PROBLEM:
GOALS AND
OBJECTIVES:
To permit the County to continue to deploy speed monitoring systems on
residential streets and in school zones within Montgomery County in
accordance with State law.
COORDINATION:
Department of Police, County Attorney's Office
FISCAL IMPACT:
None.
ECONOMIC
IMP ACT:
None.
William
A.
Snoddy, Associate County Attorney, (240) 777-6722
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
F:\LAW\BILLS\I 007 Speed Monitoring Systems\LRR.DOC
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t1F,
Q...C..
S~r
LL
054066
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
SS1)
LAt-t
Isiah Leggett
County Executive
MEMORANDUM
February 2,2010
TO:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, County Executive
Speed Camera Authorization
FROM:
SUBJECT:
1
am submitting for Council introduction a bill that would authorize Montgomery
County to deploy new speed cameras on streets in residential districts with a maximum posted
speed limit of 35 miles per hour and in school zones. I am also attaching a Legislative Request
Report for the bill. The bill would allow the Montgomery County Police Department (MCPD) to
deploy cameras at sites where cameras were not in operation before October 1, 2009, as required
by legislation enacted by the Maryland General Assembly in 2009.
In
2006, the General Assembly enacted a law which authorized Montgomery
County and municipalities within the County which have police departments to operate speed
monitoring systems on streets in residential districts with a maximum posted speed of35 miles
per hour and in school zones.
In
2009, the General Assembly enacted a law which extended this
authority to other counties and municipalities in the State. However, the 2009 law prohibited any
jurisdiction from operating a speed monitoring system "unless its use is authorized by the
governing body ofthe local jurisdiction by local law enacted after reasonable notice and a public
hearing." This requirement applies to any new speed camera deployed in the County after
October 1,2009.
I look forward to working with the Council to enact this bill.
cc:
J. Thomas Manger, Chief, Department of Police
William Snoddy, Assistant County Attorney
Captain John Damskey, SOD Traffic Division
Kathleen Boucher, Assistant Chief Administrative Officer
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~\l..\""
,-\0
lSJAN:
cc...
SBf
t...,~_i
055405
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
~Pb
I
. Joseph
F.
Beach
Director
MEMORANDUM
March 25,2010
TO:
FROM:
Nancy Floreen,
Joseph F. Bea ,
N
""-t)
_.,
SUBJECT: Expedited Bill 7-10, Motor Vehicles and Traffic - Speed Monitoring
;:;::::
-"'­
9
I...;J
-i
The purpose of this memorandum is to transmit a fiscal impact statement to the
Council on the subject legislation.
LEGISLATION SUMMARY
a
-<
The proposed legislation would permit the County Executive, by Executive Order, to
authorize the Police Department to deploy new fixed and mobile speed monitoring systems on
streets in residential districts with a maximum posted speed limit of 35 miles per hour and in school
zones.
FISCAL SUMMARY
There is no anticipated fiscal impact to the County from the enactment of this Bill.
State Law (Chapter 15, Laws of Maryland 2006) governing County operation of speed monitoring
systems requires that any new speed cameras activated after October 1, 2009 must be authorized by
the County's governing body. This Bill, to comply with the State Law, establishes a procedural
approval process for authorizing new speed cameras that are activated after October 1, 2009 in
which the County Executive, by Executive Order, authorizes new cameras. The Bill requires the
County Executive to publish notice ofthe location of new speed monitoring system on the County's
website and in a newspaper of general circulation in the County. The Bill itself does not authorize
any new cameras. The costs of installing any additional speed monitoring cameras, however, are
the responsibility of the vendor under contract with County government. The related fiscal impact
of any additional speed monitOring cameras including vendor payments and citation revenues is
addressed during the annual consideration of the County's operating bUdget.
ECONOMIC IMPACT STATEMENT
The Department of Finance reviewed the bill and determined that there is no economic
impact to the County.
Office of the Director
101 Monroe Street,
14th Floor • Rockville, Maryland 20850 •
240-777-2800
www.montgomerycountymd.gov
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. March 23, 2010
.
.
.
Good. evening and thank you for the opportunity to speak .. My
name is Lyle Schwartz and I represent the Chevy. Chase West
Neighborhood Association. We are a community of nearly 500
homes between. Wisconsin Avenue and Little Falls Parkway and
Bradley and DnJmmond. For several years our Association has
actively pursued irnprovementsin traffic and .transportation that
would ease pedestrian and. bicycle. mobility and safety while
facilitating vehicular traffic both. .within and through our
neighborhood. We have commissioned independent studies by
professional traffic engineers and presented their findings and
. suggestions. to local and state officials in. an . ongoing effort to
. improve transportation in our neighborhood.
In particular this evening, I would like to address our advocacy for
speed cameras on Wisconsin Avenue between Dorset Avenue
and Bradley Boulevard. Heavy vehicular traffic (approximately
40,000 vehicles per day) on Wisconsin Avenue imposes a barrier
to motorists as well as pedestriaqs and bicyclists attempting to.
cross traffic or to walk or bike
adj~centto
traffic. In addition
Somerset Elementary School and Concord Hill Schools are
located within close proximity to this stretch of highway. 89
collisions (including one fatality) occurred on this short stretch
between January 2004 and November 2007.
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The Chevy Chase West Association has worked for over a year to
implement strategies similar to those successfully utilized on
Connecticut Avenue, a corridor to the east with remarkably similar
characteristics. In the Connecticut Avenue corridor Jthe posted
speed limit was reduced from 35 to 30 mph, and speed cameras,
pedestrian crossings and warning signs were all installed.
In its comprehensive review of the Safe Speed Program, the
CouncilJs Office of Legislative Oversight found that the two fixed .
cameras and four portable cameras on Connecticut led to 13%
reduction in overall speed and a 34% overall drop in crashes,
after onryone year of operation.
Implementing a simitar use of speed cameras and speed limit
reduction in the Wisconsin Avenue corridor north of Dorset
Avenue would reduce the traveling speed in this section of
. corridor. However, a 5 mph reduction in speed between Bradley
and Dorset would only increase travel time by approximately 11
seconds.
Given the effectiveness of the County's speed program in
general, as well as the effectiveness of speed cameras and other
measures in the similar Connecticut Avenue corridor, a practical
and logical conclusion is to implement similar strategies in the
Wisconsin Avenue corridor.
Westrongly endorse passage of the proposed legislation that·
would expedite the process for addressing the installation of
speed cameras. Our request has been pending for months· along
with other locations recommended by other communities. We .
await the opportunity to present our case to the Police but they· .
need this legislation enacted to begin the process. We urge the
Council to approve it.
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Expedited Bill 7-10
Motor Vehicles and Traffic - Speed Monitoring Systems
Public Hearing - March 23, 2010
Testimony of Lieutenant Jim Humphries on behalf of the County Executive
Good Evening. I am Lieutenant Jim Humphries with the Montgomery County
Police Department and I am here to testify in support of Expedited Bill 7-10 on behalf of
the County Executive and the Police Chief.
This bill would authorize the Police Department to deploy new speed cameras on
streets in residential districts with a maximum posted speed limit of 35 miles per hour
and in school zones. More specifically, the bill would allow the Police Department to
deploy cameras at sites where cameras were not
in
operation before October 1, 2009, as
required by legislation enacted by the Maryland General Assembly in 2009.
In 2006, the General Assembly enacted a law which authorized
Montgomery County, and municipalities within the County which maintain police
departments, to operate speed monitoring systems on streets in residential districts with a
maximum posted speed of 3 5 miles per hour and in school zones. In 2009, the General
Assembly enacted a law which extended this authority to other counties and
municipalities in the State. However, the 2009 law prohibited any jurisdiction from
operating a speed monitoring system "unless its use is authorized by the governing body
of the local jurisdiction by local law enacted after reasonable notice and a public
hearing." This 2009 requirement applies to any new speed camera deployed in the
County after October 1, 2009.
Today, the Safe Speed Program utilizes automated enforcement in many different
locations, including 60 fixed camera sites (22 of which are in school zones) and 6 mobile
speed camera vans at 59 mobile enforcement sites. This bill would allow for deployment
on roads in need of automated enforcement but not identified before October 1, 2009.
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Montgomery County began automated speed enforcement in 2007 following
approval of the General Assembly. Since that time, we have observed speeds on targeted
roadways decrease and safety increase in the following ways.
~
The
annual number of collisions within a half mile of speed camera sites
decreased by 28% in the 12 months after speed camera activation as compared to
the annual number for the previous four years.
~
Collisions
involving an injury or fatality declined by 39% in the vicinity of speed
cameras compared to the pre-program rate.
~
The
annual number of rear-end collisions in the vicinity of speed cameras
decreased by 18% in the 12 months after speed camera activation.
~
Speeds
have decreased near speed camera sites. After one year of automated
enforcement, the percent of vehicles exceeding the speed limit within lh mile of
camera sites was cut in half. During the 1st full month after activation, 25% of
vehicles passed fixed speed camera sites traveling above the speed limit, with 2%
of those vehicles passing at 11 or more miles per hour above the speed limit. 1
year later, the percent of vehicles traveling above the speed limit decreased to
13 % with less than 1% of vehicles speeding at 11 or more miles above the speed
limit.
This bill will allow the County to continue to address speeding concerns voiced
by the public in an effective and efficient manner. At the present time, there is a backlog
of approximately 100 locations where residents have requested the use of speed cameras.
When a possible location is suggested, the Police Department completes an extensive
threat assessment which includes a site analysis, traffic study, and review of accident
rates. The presence of schools, sidewalks, and pedestrians is considered. A panel of
community representatives is convened and this Citizens Advisory Board for Traffic
Issues (CABTI) is then consulted for input.
(j)
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In sum, enactment of Bill 7-10 would allow the Police Department to continue to
address concerns about speeding throughout our County. The Safe Speed Program is
successfuL The decrease in collisions and the percent of vehicles traveling above the
speed limit provides further evidence of the effect of speed cameras on the safety of
drivers in the County and on driver behavior. Residents, workers, and visitors currently
enjoy safer roadways as a result. This bill would allow the County to extend these results
to new parts of the County in the coming years.
Thank you for your attention and for allowing me to speak on this matter.
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Isiah
Leg(~ett
_0
County bxecutive
OFFICE OF THE COUNTY ATTORNEY
MEMORA~DUM
Leon
Rodrihruez
County Attorney
TO:
Karen Orlansky, Director
Office of Legislati vc Oversight
Leon
County Attorney-­
Marc Hansen
THRU:
ROdrigu~~ ~
~
;nfY))'
THRU:
Deputy County
AttO~~~i <~1 ~
FROM:
William
A.
Snoddy
/\
Associate County
AttOm,~Y'fI,L?
,
,/
HI)
DATE:
RE:
July
21,2009
Impact of the
2009
Statewide Speed Camera Law on the County's Safe Speed
Program
You requested that the County Attorney advise your oftice how the recently enacted
2009
State law authorizing statewide use of automated speed monitOling systems will affect the
implementation. administration, and operation of existing County and municipal speed camera
programs. You asked that the opinion answer six questions. In short. the
2009
speed camera
law's impact on County and municipal speed camera programs is relatively minor. The new law.
however,
wiII
require that the County and other municipal speed camera operators to make
changes to their respective programs.
BACKGROUND:
'The use of speed camcras in Montgomery County was authorized by Chapter 15, Laws of
Maryland
2006
(HB 443).
The
speed camera law is codified at
§
21-809
of the Transportation
Article of the Maryland Codc. The law pennits Montgomery County and municipalities within
the County that have police departments, to operate speed monitoring systems on a highway in a
residential district with a maximum posted speed of 35 miles per hour and in established school
zones. MD. CODE ANN., TRANS. §
21-809(b)(1)(i), (2)(i).
Tickets may only be issued to
registered owners ofvehic1cs that a speed monitoring system records as traveling at least 10
miles pcr hour above the posted speed limit. See, MD. CODE ANN., TRANS.
§
21-809(a)(5).
And
the civil penalty for a violation may not exceed $40. MD. CODE ANN., TRANS.
§
21-809(c)(3).
If
101 Monroe StreC'. Rock ville. Maryland
20~50
(240) 777-67'22 • TrO (240) 777-2545 • FAX (240) 777-6705 •
wil!iam.sl1oddy(ifmotltgomcryc(juntyllld.go~·
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the owner ofthe vehicle was not operating the vehicle at the time ofthe violation, the owner can
transfer liability to the driver by aftinning that fact under oath and submitting the actual driver's
name and address to the district court. MD. CODE ANN., TRANS. § 21-809(f)(4). If the fine is not
paid, the State Motor Vehicle Administration may refuse to register the vehicle cited or suspend
its registrations, regardless of who was driving.
MD.
CODE
ANN.,
TRANS.
§
21-809(g).
QUESTIONS
i"\'~D
ANSWERS:
]. The 2009 law restricts the operation of speed cameras in school zones to weekdays from
6:00 A.M. to 8:00 P.M. Will this new time restriction apply to speed cameras in school
zones that were operational before October 1, 2009'1 What about speed cameras in
residential districts.
The school zone time restriction, which will be coditied at MD. CODE ANN. TRANS.
§
21­
809(b)(1)(vi), will apply to all school zone speed monitoring systems in the County
regardless of when they became operable. Section 2 of Chapter 500 of the Laws of Maryland
2009 (SB 277) is an uncodified provision that excludes application of certain subsections of
the new law to speed monitoring systems installed and operated in Montgomery County
before October 1, 2009, specifically
§
21-809(b)(i), (iii), and (v). This uncodified provision
does not exempt the County's currently operating speed cameras from the requirement in the
2009 law that restricts the hours of operation of a speed camera in a school zone. This
provision will likely have the greatest impact on the County's program as it will require the
County to take school zone cameras out of service on Saturdays and Sundays and for 10
hours on weekdays.
With respect to speed cameras in residential districts, the new law does not impact the
County's ability to continue to place cameras in those areas. After October 1,2009, however,
the County may place a speed monitoring system in a residential district only after the
cameras use has been authorized by the County Executive and Council "by local law enacted
after reasonable notice and a public hearing." See, MD. CODE ANN. TRANS. § 21-809(b)( 1)(i).
This provision also applies to cameras placed in school zones after October 1, 2009.
2. The 2009 law increases the threshold for photographing speeding vehicles from 10 to 12
miles per hour above the posted limit[]. How will this provision affect the operation of
the County's speed cameras, including those installed before October 2009'1
This change, which applies to all speed cameras, should have little impact on the
County's speed cameras. Currently, County speed cameras are set to record images of
vehicles that are going at least 11 miles per hour above the posted speed limit. Complying
with this provision will only require an adjustment of the speed threshold.
3. How will the provisions on highway work zone speed cameras in the 2009 law affect
County and municipal speed camera programs?' Will local or State entities be responsible
for the implementation and administration of work zone speed camera enforcement in the
County?
2
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The highway work zone speed camera provisions in the 2009 law will have minimal
impact on County and municipal speed camera programs. The law does not require County
and municipal police departments to place speed cameras in highway work zones. The law
simply permits the placement of speed cameras in highway work zones subject to regulations
establishing standards and procedures for such systems. The State Police and the State
Highway Administration are charged with responsibility for adopting those regulations. See,
SB 277 at MD. CODE ANX TRANS.. § 21-81 O(k). The Montgomery County Department of
Police has no present intention of placing work zone speed cameras on 1-495 and 1-270.
4. The 2009 law includes new provisions that specify local authorization, warning periods,
and notice/outreach requirements for speed cameras. The law exempts speed cameras in
the County from these provisions. Please clarify how these exemptions apply to speed
cameras installed both before and after October 1, 2009?
Section 7 of Chapter 500 of the Laws of Maryland 2009 (SB 277) is an uncodified
provision that states,
21-809(b)(l)(i), (iii), and (v) of the Transportation Article, as
enacted in Section I of this Act, does not apply to speed monitoring systems installed and
operated in Montgomery County before October 1,2009." This means that only those speed
monitoring systems that are up and running prior to October 1,2009, are not subject to the
requirement that they are authorized by local law and that their location be advertised on the
web and in a local newspaper. Any speed monitoring system in the County that begins
operating after October 1,2009, would be subject to all of the new law's provisions except
the requirement regarding the issuance of warning tickets since speed cameras would not be
the "first" in the County. As stated above each individual speed monitoring system or
camera placed in service after October 1,2009, must be authorized by local law enacted after
reasonable notice and a public hearing.
5. How will the 2009 law affect the County's and municipalities' collection and allocation
of revenue from speed cameras?
Linder the new law municipalities in the County will be able to collect their own fines.
See, SB 277 at
~
21-809(d)(5)(i). Presently, all tines must be paid to the County, which then
forwards payments on a monthly basis to municipalities for tickets issued by them.
Additionally, the new law caps the amount of speed camera-generated revenue local and
municipal governments may keep. Gov{;''ITll1lents may recover the cost impk'1llcnting and
administering speed cameras and spend the remaining balance "solely for public safety
purposes, including traffic safety programs." SB 277 at MD. CODE ANN. CTS.
&
JUD. PROC.
§
7-302( e)( 4)(i). If, aftt.'T the costs of operating speed monitoring systems are recovered. the
balance remaining from fines collected by a political subdivision exceeds 10 percent of the
total revenues tor the fiscal year, the political subdivision must remit any funds that exceed
the 10 percent threshold to the State Comptroller. MD. CODE ANN. CTS.
&
JUD. PROC. § 7­
302(e)(4)(ii). This provision will not have any impact on the County.
6. The 2009 law requires all jurisdictions operating speed cameras to report back to the
Governor and General Assembly by December 31, 2013 on the "effectiveness of speed
monitoring systems" in their respective jurisdiction. Since Montgomery County is
3
@
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reporting back to the legislature by December 31,2009, does this new provision for
reporting mean the County is required to provide a second report in 2013?
Yes, the County is subject to the 2013 reporting provision. The issue is whether the
County is subject to the 2009 reporting provision. [ do not believe that it is. The Court of
Appeals has held that when the legislature repeals and reenacts a statute in such a manner as to
demonstrate its intention that the statute be a "complete system of legislation in regard to the
matter, the statute thus passed must he considered as a suhstitute for all prior laws on the subject,
and the provisions of such prior laws as are not embraced by the latter statute are thereby
repealed."
State v. American Bonding Co. a/Baltimore,
128 Md. 268, 272-273 (1916).
See also,
Aviles v. Eshelman Electric Corp.,
281 Md. 529, 535
(1977)
(holding that once prior law was
repealed without a savings provision the affected sections disappeared "as though they never
existed"). Despite this state ofthe law, it is my strong recommendation that the County file the
report by the current deadline.
If you have any concerns or questions conccming this memorandum please call William
A.
Snoddy, Associate County Attorney at (240) 777-6722
4
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Montgomery County Police
Safe Speed Site Selection Process
Identifying roadways for automated enforcement is key to the success of the Safe Speed
program and the first step in an extensive process of threat assessment and site selection.
Selection is the responsibility of the Department of Police and includes crash data
analysis, community input, complaints and requests, roadway assessments and vehicular
and pedestrian traffic characteristics. The review of crash data includes the number of
property damage, personal injury and fatal collisions.
After identifying a roadway for potential selection based on the above information, a
thorough review process is initiated encompassing the following:
• Site visit to examine the following:
1. topography
2. roadway design
3. presence of sidewalks, crosswalks
4. volume of pedestrian traffic influenced by attractions such as schools,
community centers, places of worship, recreation centers and the like
5. presence of driveways, intersections
6. existence of schools, daycare facilities, playgrounds, parks, retirement
communities, pools
7. proximity of bus stops
8. existence of alternative traffic calming methods such as speed humps or
roadway redesign
• Complete a traffic volume and speed analysis
• Collision endangerment review
• Review data/findings with the Citizens Advisory Board on Traffic Issues
(CABTI) for input, comment and prioritization of enforcement
• Compliance with all Maryland Transportation Article elements
The final decision on suitability and ultimate deployment is a balance of safety, needs of
the community and the limited nature of this resource. The Traffic Division conducts
periodic reviews of the sites to determine suitability for continued Safe Speed
enforcement efforts based upon revised collision data, speed analysis and/or roadway
design changes being initiated, completed or planned.
Once a site is selected, the Department of Police will prepare for the County Executive's
signature an Executive Order pursuant to Administrative Procedure 1-3 authorizing the
use of the speed monitoring system. The Department of Police will then publish the
location of the selected site on its website and in a newspaper of general circulation
within Montgomery County before the camera is activated. These procedures only apply
to speed monitoring system sites established after October 1,2009.
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Baltimore County Code
ART!ClE 18. TRANSPORTATION
TiTLE 4. SPEED MONITORING SYSTEMS
TITLE 4. SPEED MONITORING SYSTEMS
Section
18-4-101.
1[-4:102.
18-4-103.
Definition
Enforcement of citations
Limited use in school zones
§
18-4-101. DEFINITION.
In this title, "speed monitoring system" means a device with one or more motor vehicle sensors
producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above
the posted speed limit.
(Bill No. 61-09,
§
1,10-1-2009)
§
18-4-102. ENFORCEMENT OF CITATIONS.
In accordance with
§
21-809 ofthe Transportation Article of the Annotated Code of Maryland,
the county may use and enforce citations issued from speed
monitoring
systems within the county.
(Bill No. 61-09,
§
1,10-1-2009)
Editor's note:
Section
2
ofBill No. 61-09 provides that for 30 days after the first speed monitoring
s.Fslem
is
activated under Article
18,
Title
4
ofthe Baltimore County Code, 2003, a violation recorded by
any speed monitoring system may only be enforced by issuance ofa warning.
§
18-4-103. LIMITED USE IN SCHOOL ZONES.
The Police Department, in consultation with other offices and departments of the county
government, may develop a program for the procurement, use and implementation of speed
monitoring systems in not more than 15 school zones, in accordance with
§
21-809 of the
Transportation Article of the Annotated Code of Mary land.
(Bill No. 61-09, §1, 10-1-2009)
http://www.amlegal.cominxt/gateway.dlllMarylandibaltimore_co/article18transportation/ti ... 2/17/2010
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Prince George's County Code
Sec. 26-114.01.
Authority to install and utilize speed monitoring systems ..
(a) Pursuant to Section 21-809 of the Transportation Article of the Annotated Code of
Maryland, as may be amended from time to time, Prince George's County is authorized to use Speed
Monitoring Systems to regulate traffic.
(b) The Director, in conjunction with the Chief ofPolice, and the County Council is authorized
to determine those locations where speed monitoring systems are to be installed.
(c) All speed monitoring systems shall conform to, and be used in accordance with, the
requirements of the Transportation Article of the Annotated Code of Maryland.
(CB-37-2009)