C.R.S. § 42-4-110.5: Automated vehicle identification systems - school buses - exceptions to liability - penalty - contracting - limits on use of photographs and video - rules - legislative declaration - definitions - repeal.

(1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary.

(1.1) As used in this section, unless the context otherwise requires:

(a) (I) "Automated vehicle identification system" means a system whereby:

(A) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle and the license plate of the vehicle; and

(B) A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle.

(II) "Automated vehicle identification system" includes a system used to detect a violation of part 11 of this article 4 or a local speed ordinance; a system used to detect violations of traffic restrictions imposed by traffic signals or traffic signs; a system used to detect the overtaking of a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a); a system used to detect a moving traffic violation in a school zone or along a safe route to school; and a system used to detect violations of bus lane or bicycle lane restrictions.

(III) "Automated vehicle identification system" does not include automated license plate reader systems.

(a.5) (I) "Mobile automated vehicle identification system" means an automated vehicle identification system designed to detect traffic violations and that:

(A) Is capable of being relocated between enforcement locations;

(B) May be installed within or mounted to a motor vehicle, including a van, sport utility vehicle, or similar vehicle platform;

(C) Does not include a device or system installed in or mounted to a trailer; and

(D) Is generally used to provide flexibility to address temporary enforcement in high-risk traffic areas or shifting traffic patterns.

(II) A device or system installed in or mounted to a trailer is considered mobile if it is moved to a new location within seventy-two hours after being deployed or is deployed in a maintenance, repair, or construction zone designated pursuant to section 42-4-614 or a school zone as defined in section 42-4-615.

(a.6) "Safe route to school" means a roadway that is frequented by pedestrians and bicyclists on their way to or from a nearby school that a county, a city and county, or a municipality designates to increase pedestrian and bicyclist safety.

(a.7) "School bus" means a school bus that is required to bear on the front and rear of such school bus the words "SCHOOL BUS" and display visual signal lights pursuant to section 42-4-1903 (2)(a).

(b) "State", notwithstanding section 42-1-102 (95), means the state of Colorado acting through the Colorado state patrol in the department of public safety or the department of transportation.

(c) "State highway" means any highway that is owned by or maintained by the state. "State highway" does not include a public highway operated by a public highway authority in accordance with the "Public Highway Authority Law", part 5 of article 4 of title 43.

(1.4) Nothing in this section applies to the use of automated vehicle identification systems for the purpose of collecting tolls, fees, or civil penalties in accordance with part 5 of article 4 of title 43 and section 43-4-808.

(1.5) and (1.7) Repealed.

(2) A county, city and county, or municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the county, city and county, or municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the requirements for state highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section, as applicable, and the following conditions and limitations:

(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.)

(II) If the state, a county, a city and county, or a municipality detects any alleged violation of a county or municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail, personal service, or any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a notice of violation:

(A) Within thirty days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered in the state; or

(B) Within sixty days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered outside of the state.

(III) The notice of violation must contain:

(A) The name and address of the registered owner of the motor vehicle involved in the alleged violation;

(B) The license plate number of the motor vehicle involved in the alleged violation;

(C) The date, time, and location of the alleged violation;

(D) The amount of the civil penalty prescribed for the alleged violation;

(E) The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; and

(F) Information on how the registered owner may either dispute the alleged violation in a hearing or pay the prescribed civil penalty.

(IV) If the state, a county, a city and county, or a municipality does not receive the prescribed civil penalty or a written notice requesting a hearing to dispute the alleged violation by the deadline stated on the notice of violation, which deadline must not be less than forty-five days after the issuance date on the notice of violation, the state, county, city and county, or municipality shall issue, or cause its vendor to issue, by first-class mail, personal service, or any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a civil penalty assessment notice for the alleged violation to the registered owner of the motor vehicle involved in the alleged violation no later than thirty days after the deadline on the notice of violation.

(V) The civil penalty assessment notice must contain:

(A) The name and address of the registered owner of the motor vehicle involved in the alleged violation;

(B) The license plate of the motor vehicle involved in the alleged violation;

(C) The date, time, and location of the alleged violation;

(D) The amount of the civil penalty prescribed for the alleged violation;

(E) The deadline for payment of the prescribed civil penalty;

(F) Information on how to pay the prescribed civil penalty.

(VI) If the registered owner of the motor vehicle fails to request a hearing to dispute the alleged violation by the deadline stated in the notice of violation, the registered owner waives any right to contest the violation or the amount of the prescribed civil penalty.

(VII) If the registered owner of the motor vehicle fails to pay in full the prescribed civil penalty by the deadline stated in the civil penalty assessment notice, a final order of liability shall be entered against the registered owner of the vehicle.

(VIII) Final orders may be appealed as to matters of law and fact to the county court in the county where the alleged violation or the municipal court in the municipality where the alleged violation occurred. The registered owner of the motor vehicle may assert in an appeal that a notice of violation served by first-class mail or other mail delivery service was not actually delivered. The appeal shall be a de novo hearing.

(IX) The state, a county, a city and county, or a municipality shall not initiate or pursue a collection action against a registered owner of a motor vehicle for a debt resulting from an unpaid penalty assessed pursuant to this section unless the registered owner is personally served the notice of violation or the final order of liability.

(X) If the registered owner of a motor vehicle involved in a traffic violation under state law or under traffic regulations adopted by a county, city and county, or municipality is engaged in the business of leasing or renting motor vehicles, the registered owner remains liable for payment of the civil penalty even if the registered owner was not driving the motor vehicle but may obtain payment from the lessor or renter of the motor vehicle and forward the payment to the state or the county, city and county, or municipality imposing the civil penalty.

(b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality shall not report to the department any conviction or entry of judgment against a defendant for violation of a county or municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system.

(c) Repealed.

(d) (I) The state, a county, a city and county, or a municipality shall not use an automated vehicle identification system to detect a violation of part 11 of this article 4 or a local speed ordinance unless there is posted an appropriate temporary or permanent sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification system is to be used notifying the public that an automated vehicle identification system is in use immediately ahead. The requirement of this subsection (2)(d)(I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification system is to be used, but this subsection (2)(d)(I) shall not be deemed a prohibition against the posting of such permanent signs.

(II) Except as provided in subsection (2)(d)(I) of this section, an automated vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article 4 or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifying the public that an automated vehicle identification system is in use immediately ahead. The sign shall:

(A) Be placed in a conspicuous location not fewer than two hundred feet nor more than five hundred feet before the automated vehicle identification system; and

(B) Use lettering that is at least four inches high for upper case letters and three inches high for lower case letters.

(III) This subsection (2)(d) does not apply to an automated vehicle identification system designed to detect the overtaking of a school bus with actuated visual signal lights.

(e) (I) If the state, a county, a city and county, or a municipality implements a new automated vehicle identification system that is not a replacement of an existing automated vehicle identification system:

(A) The agency responsible for the automated vehicle identification system shall publicly announce the implementation of the system through its website and social media accounts, if any, for at least thirty days prior to the use of the system;

(B) The agency responsible for the automated vehicle identification system shall post a sign announcing the upcoming use of an automated vehicle identification system at each location where an automated vehicle identification system will be installed at least thirty days before the automated vehicle identification system is utilized, and the sign must use lettering that is at least four inches high for uppercase letters and three inches high for lowercase letters; and

(C) For the first thirty days after the system is installed or deployed, only warnings may be issued for violations of a county or municipal traffic regulation or traffic violation under state law detected by the system. Such warnings must be issued and delivered in writing.

(II) The state, county, city and county, or municipality may conduct an extended public information campaign or warning period or post additional signs for each new system installed or deployed beyond the minimum requirements in subsections (2)(e)(I)(A), (2)(e)(I)(B), and (2)(e)(I)(C) of this section.

(III) The requirements set forth in this subsection (2)(e) do not apply to a mobile automated vehicle identification system that has been moved to a new location within the same established automated vehicle identification corridor.

(f) (Deleted by amendment, L. 2023.)

(g) (I) The state, a county, a city and county, or a municipality shall not issue a notice of violation or civil penalty assessment notice for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; along a street that borders a municipal park; or along a street or portion of a street that a county, city and county, or municipality, by ordinance or by a resolution of its governing body, designates as an automated vehicle identification corridor, on which designated corridor the county, city and county, or municipality may locate an automated vehicle identification system to detect violations of a county, city and county, or municipal traffic regulation or a traffic violation under state law.

(A) to (C) (Deleted by amendment, L. 2024.)

(I.3) Before a county, a city and county, or a municipality designates an automated vehicle identification corridor on a state highway, the county, city and county, or municipality shall notify the department of transportation. If a county, city and county, or municipality designates an automated vehicle identification corridor on a state highway by ordinance or resolution before January 1, 2025, it may proceed without having provided this notification to the department of transportation.

(I.4) After a county, city and county, or municipality designates an automated vehicle identification corridor on a state highway, the county, city and county, or municipality shall coordinate with the department of transportation. Coordination must include demonstrating that the requirements set forth in subsection (2)(g)(I.7)(B) of this section have been met and, if needed, applying for a special use permit to install any devices or signage on department of transportation right-of-way if the segment of highway in question is maintained by the state. A county, city and county, or municipality shall alert the department of transportation when the automated vehicle identification corridor begins operations or permanently ceases operations on a state highway. The department of transportation shall notify the Colorado state patrol when a county, city and county, or municipality coordinates with the department of transportation to establish an automated vehicle identification corridor on a state highway.

(I.5) Before a county, city and county, or municipality begins the operation of an automated vehicle identification system in an automated vehicle identification corridor on a county road, the county, city and county, or municipality shall notify the Colorado state patrol.

(I.6) Before the state designates an automated vehicle identification corridor on a state highway located within the boundaries of a county, a city and county, or a municipality, and before the state begins operation of an automated vehicle identification corridor on a state highway, the state shall coordinate with the respective county, city and county, or municipality.

(I.7) Before the state, a county, a city and county, or a municipality begins operation of an automated vehicle identification system in an automated vehicle identification corridor, the state, county, city and county, or municipality must:

(A) Post a permanent sign in a conspicuous place not fewer than three hundred feet before the beginning of the corridor;

(B) Post a permanent sign not fewer than three hundred feet before each static camera within the corridor or a temporary sign not fewer than three hundred feet before any mobile camera; except that, if an automated vehicle identification system will be used exclusively to detect unauthorized use of a transit-only lane, the state, county, city and county, or municipality must post permanent signs at one-half mile or more frequent intervals within the automated vehicle identification corridor; and

(C) Illustrate, through quantitative data collection, incidents of crashes, speeding, or reckless driving within the past five years on a street designated as an automated vehicle identification corridor, unless the automated vehicle identification system will be used exclusively to detect unauthorized use of a transit-only lane. Community complaints may also be used to illustrate the need for an automated vehicle identification corridor if collected with quantitative data.

(II) As used in this subsection (2)(g), unless the context otherwise requires, "residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less.

(III) This subsection (2)(g) does not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal, the overtaking of a school bus with actuated visual signal lights, or a moving violation along a safe route to school.

(IV) The state, a county, a city and county, or a municipality implementing an automated vehicle identification corridor pursuant to subsection (2)(g)(I) of this section shall annually publish a report on its website disclosing the number of citations and amount of revenue generated by the automated vehicle identification corridor.

(V) (A) Notwithstanding the provisions of subsection (2)(g)(I) of this section, the state may locate an automated vehicle identification system on a highway that is a part of the federal interstate highway system and may issue a notice of violation or a civil penalty assessment notice for a traffic violation under state law detected using the automated vehicle identification system.

(B) A county, a city and county, or a municipality shall not locate an automated vehicle identification system or create an automated vehicle identification corridor on any highway that is a part of the federal interstate highway system.

(h) (I) The registered owner of the motor vehicle detected by the automated vehicle identification system is responsible for paying the civil penalty associated with the notice of the violation unless:

(A) The registered owner establishes that the motor vehicle had been sold or leased prior to the time of the violation detected by the automated vehicle identification system by providing a bill of sale or other documentation to show that the motor vehicle was sold, leased, or transferred before the date and time of the violation;

(B) The registered owner establishes that the motor vehicle had been stolen prior to the time of the violation detected by the automated vehicle identification system by providing a copy of the police report to show that the owner's license plate or motor vehicle was stolen before the date and time of the violation;

(C) The registered owner establishes that law enforcement issued a separate traffic citation to the registered owner or driver of the motor vehicle for the violation detected by the automated vehicle identification system; or

(D) A representative of the estate or a family member of the registered owner establishes that the registered owner was deceased prior to the date of the violation detected by the automated vehicle identification system.

(II) (A) To establish that the registered owner is not responsible for paying a civil penalty associated with a notice of violation, the registered owner or a representative of the estate or a family member of the registered owner must, within thirty days after the date of issuance of the notice of violation, provide to the entity that issued the notice of violation an affidavit with information showing that one of the exceptions set forth in subsection (2)(h)(I) of this section applies. The affidavit must include the civil penalty number.

(B) The registered owner of a motor vehicle that was leased at the time of the violation is not required to submit an affidavit if the motor vehicle was registered in the name of the lessee at the time of the violation.

(III) If the registered owner to whom a notice of violation has been issued is deceased, the affidavit must include both a certified copy of the death certificate showing that the death of the registered owner occurred before the date of the violation and one of the following:

(A) A bill of sale or other document showing that the motor vehicle was sold or transferred after the date of the registered owner's death and before the date of the violation;

(B) Documented proof that the registered license plate belonging to the registered owner was returned to the department or another office or authorized agent of the department after the date of the registered owner's death and before the date of the violation; or

(C) A copy of the police report showing that the registered owner's license plate or motor vehicle was stolen after the date of the registered owner's death and before the date of the violation.

(IV) Upon receipt of the affidavit and sufficient supporting documentation pursuant to this subsection (2)(h), the state, a county, a city and county, or a municipality shall dismiss the notice of violation and provide proof of the dismissal to the registered owner or other person that submitted the affidavit.

(V) A person that submits a false affidavit commits a class 2 misdemeanor traffic offense and, upon conviction, shall be punished as provided in section 42-4-1701 (3).

(i) (I) Except as provided in subsection (2)(i)(II) of this section, if a variable speed limit is in effect or a speed limit is otherwise temporarily lowered due to hazardous weather or other traffic conditions, the state, a county, a city and county, or a municipality shall only issue a notice of violation and civil penalty for a violation detected by an automated vehicle identification system if the violation is a speeding violation that exceeds the regular maximum posted speed limit for that location that is typically in effect when a variable speed limit is not in effect and the speed limit is not otherwise temporarily lowered.

(II) Subsection (2)(i)(I) of this section does not apply when a speed limit is temporarily lowered due to the need for a temporary maintenance, repair, or construction zone designated pursuant to section 42-4-614.

(2.5) (a) The state may use an automated vehicle identification system on any portion of a state highway. The department of transportation may promulgate rules to implement this section relating to the use of automated vehicle identification systems by the department of transportation on state highways and prioritization for the use of automated vehicle identification systems by other entities on state highways, including but not limited to rules that:

(I) Specify prioritization criteria that the department of transportation will use to determine which entity is authorized to use an automated vehicle identification system if multiple entities seek authorization to use an automated vehicle identification system on the same portion of a state highway. The criteria must specify that the department of transportation must give preference to an entity that has the primary responsibility for regulation and enforcement of traffic restrictions on the portion of a state highway on which an automated vehicle identification system is to be used.

(II) Specify, consistent with the requirements of subsection (2)(a) of this section, the process that the state will use to notify a county, city and county, or municipality that the state will be using an automated vehicle identification system within its jurisdiction and the administrative and enforcement process that the department of transportation will use to administer, hear, and resolve a traffic violation detected through the use by the department of transportation of an automated vehicle identification system;

(III) Establish, subject to the caps set forth in subsections (4)(b) and (4.5) of this section and any other provision of law, the amount of civil penalties imposed for traffic violations detected through the use by the department of transportation of an automated vehicle identification system;

(IV) Establish an administrative hearing process that complies with subsections (2)(a)(IV) to (2)(a)(VIII) of this section, including the ability to retain and contract with impartial hearing officers and the ability for impartial hearing officers to issue final orders required by subsection (2)(a)(VII) of this section; and

(V) Provide, consistent with this section, any additional requirements, guidance, or clarification that the department of transportation deems necessary or appropriate to implement this section.

(b) It is the intent of the general assembly that the department of transportation consult with the Colorado state patrol when promulgating rules relating to the use of automated vehicle identification systems and before authorizing the use of an automated vehicle identification system by the state or a county, a city and county, or a municipality on any portion of a state highway. It is also the intent of the general assembly that the department of transportation consult with counties, cities and counties, and municipalities when promulgating rules relating to the use of automated vehicle identification systems.

(c) This subsection (2.5) does not apply to an automated vehicle identification system on a state highway that a county, city and county, or municipality has implemented or designated by ordinance or resolution before January 1, 2025, or before the department of transportation adopts rules pursuant to subsection (2.5)(a) of this section, whichever occurs later. This subsection (2.5) does not require a county, city and county, or municipality to remove or stop the implementation of an automated vehicle identification system that was placed on any portion of a state highway or designated by ordinance or resolution before January 1, 2025, or before the department of transportation adopts rules pursuant to subsection (2.5)(a) of this section, whichever occurs later.

(3) The department has no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a county or municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department shall not keep any record of such violation in the official records maintained by the department under section 42-2-121.

(4) (a) (I) If, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation of less than six miles per hour over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, then the state, county, city and county, or municipality may mail the registered owner a warning regarding the violation. The state, county, city and county, or municipality shall not impose a penalty or surcharge for such a violation unless the violation occurs within a school zone, as defined in section 42-4-615, or within a maintenance, repair, or construction zone designated pursuant to section 42-4-614, in which case the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.

(II) If, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation of at least six and less than ten miles per hour over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, and the violation is the first violation by the registered owner that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality shall mail the registered owner a warning regarding the violation. The state, county, city and county, or municipality shall not impose a penalty or surcharge for such first violation.

(III) (A) Notwithstanding subsection (4)(a)(II) of this section, if, before January 1, 2035, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation of at least six and less than ten miles per hour over the reasonable and prudent speed in a school zone as defined in section 42-4-615, or within a maintenance, repair, or construction zone designated pursuant to section 42-4-614, and the violation is the first violation by the registered owner, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.

(B) This subsection (4)(a)(III) is repealed, effective January 1, 2036.

(IV) Notwithstanding subsection (4)(a)(II) of this section, beginning January 1, 2035, if, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation of at least six and less than ten miles per hour over the reasonable and prudent speed in a school zone as defined in section 42-4-615, or within a maintenance, repair, or construction zone designated pursuant to section 42-4-614, and the violation is the first violation by the registered owner, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is fifty dollars.

(b) (I) (A) If, before January 1, 2035, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation by a registered owner of at least six and less than ten miles per hour over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, or a speeding violation by the registered owner of at least ten and less than twenty-five miles per hour over the reasonable and prudent speed, then, except as may be permitted in subsection (4)(b)(II) of this section, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.

(B) This subsection (4)(b)(I) is repealed, effective January 1, 2036.

(I.5) Beginning January 1, 2035, if, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation by a registered owner of at least six and less than ten miles per hour over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, or a speeding violation by the registered owner of at least ten and less than twenty-five miles per hour over the reasonable and prudent speed, then, except as may be permitted in subsection (4)(b)(II) of this section, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is fifty dollars.

(II) If a violation described in subsection (4)(b)(I) or (4)(b)(I.5) of this section occurs within a school zone as defined in section 42-4-615, or within a maintenance, repair, or construction zone designated pursuant to section 42-4-614, the maximum penalty that may be imposed is doubled.

(III) (Deleted by amendment, L. 2026.)

(c) (I) (A) If, before January 1, 2035, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation by a registered owner of twenty-five miles per hour or more over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is one hundred twenty dollars.

(B) This subsection (4)(c)(I) is repealed, effective January 1, 2036.

(II) Beginning January 1, 2035, if, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a speeding violation by a registered owner of twenty-five miles per hour or more over the reasonable and prudent speed under a county or municipal traffic regulation or under state law, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is one hundred fifty dollars.

(4.5) (a) (I) (A) If, before January 1, 2035, the state, a county, a city and county, or a municipality detects a violation of a county, city and county, or municipal traffic regulation or traffic violation under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum civil penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is seventy-five dollars.

(B) This subsection (4.5)(a)(I) is repealed, effective January 1, 2036.

(II) Beginning January 1, 2035, if the state, a county, a city and county, or a municipality detects a violation of a county, city and county, or municipal traffic regulation or traffic violation under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum civil penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is ninety-five dollars.

(b) Subsection (4.5)(a) of this section does not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614 or a school zone, as defined in section 42-4-615 (2).

(4.6) (a) If approved by a school district's board of education, the state, a county, a city and county, the school district, or a municipality may install and utilize an automated vehicle identification system on the school district's school buses to detect a motor vehicle overtaking a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a).

(b) (I) (A) If, before January 1, 2035, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a motor vehicle overtaking a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a), the maximum civil penalty the state, county, city and county, or municipality may impose for the violation is three hundred dollars, including surcharges or fees.

(B) This subsection (4.6)(b)(I) is repealed, effective January 1, 2036.

(II) Beginning January 1, 2035, if, through the use of an automated vehicle identification system, the state, a county, a city and county, or a municipality detects a motor vehicle overtaking a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a), the maximum civil penalty the state, county, city and county, or municipality may impose for the violation is three hundred seventy-five dollars, including surcharges or fees.

(c) (I) A photograph produced by an automated vehicle identification system pursuant to this subsection (4.6) must capture an image of the motor vehicle and the motor vehicle's license plate to form the basis of a notice of violation or civil penalty issued pursuant to this subsection (4.6).

(II) A notice of violation or civil penalty issued pursuant to this subsection (4.6) must be sent to the registered owner of the vehicle.

(III) When a photograph produced by an automated vehicle identification system includes an electronic indicator signifying actuation of a school bus's visual signal lights, there is a rebuttable presumption that the school bus's visual signal lights were actuated and operational and that the school bus was stopped to receive or discharge school children.

(d) (I) Notwithstanding any other provision in this section, the state, a county, a city and county, a school district, or a municipality that has installed an automated vehicle identification system on a school bus to detect a motor vehicle overtaking a stopped school bus shall not use any portion of a fine collected through the use of such system as the basis for payment to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, school district, or municipality for such equipment must be based upon the value of any equipment or services provided and must not be based exclusively upon the number of traffic citations issued or the revenue generated by the automated vehicle identification system equipment.

(II) A contract for automated vehicle identification system equipment and for services provided for the use of an automated vehicle identification system on a school bus must not contain a quota regarding the number of violations captured or notices of violation issued or regarding the revenue generated for the automated vehicle identification system to be continuously utilized.

(e) A school district that, independent of the state, a county, a city and county, or a municipality, installs and utilizes an automated vehicle identification system on the school district's school buses pursuant to this subsection (4.6) shall enter into a memorandum of understanding with one or more law enforcement agencies, and such memorandum may include:

(I) Provisions for cost sharing;

(II) Payment responsibilities to the manufacturer or vendor of the automated vehicle identification system equipment; and

(III) Enforcement responsibilities and reimbursement considerations.

(4.7) If a registered owner fails to pay a penalty imposed for a violation of a county or municipal traffic regulation or a traffic violation under state law detected using an automated vehicle identification system, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the registered owner's vehicle.

(5) If the state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of county or municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall:

(a) Be based upon the value of such equipment and the value of any services provided to the state, county, city and county, or municipality;

(b) (I) Not be based upon the number of traffic citations issued or the amount of revenue generated by such equipment or services; or

(II) Be structured as a flat monthly fee or a flat hourly rate that is not contingent upon, and does not vary based on, the number of traffic citations issued or the amount of revenue generated; and

(c) Not include any incentives, bonuses, escalators, or other provisions that are directly tied to the number of citations issued or the amount of revenue generated.

(6) Repealed.

(7) The state, county, city and county, or municipality and any vendor operating an automated vehicle identification system shall, unless otherwise provided in this section:

(a) Program the automated vehicle identification system to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs;

(b) Treat all photographs and video collected by the automated motor vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24;

(c) Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated motor vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and

(d) Destroy any photographs and video of a violation collected by the automated vehicle identification system within three years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law.

(8) Notwithstanding any other provision of law, the aggregate amount of revenue, exclusive of court and operations costs, collected by the state as civil penalties for violations detected by automated vehicle identification systems must be credited to the state highway fund and used by the department only to fund road safety projects, as defined in section 43-4-803 (21), of the type described in section 43-4-803 (21)(b). The department shall prioritize funding to those road safety projects with the highest potential to reduce vulnerable road user injuries and fatalities while taking into account the planning capacity of each region.