AGO 2008-3.

• Case Date: August 08, 2008
• Court: Indiana

Indiana Attorney General Opinions 2008. AGO 2008-3. August 8, 2008OFFICIAL OPINION 2008-3The Honorable Earline RogersIndiana Senator State House, 200 West Washington Street Indianapolis, IN 46204-2785RE: Power of a municipality to implement a "red light camera" program.Dear Senator Rogers: You have asked whether a municipality may adopt an ordinance for the implementation of a red light camera enforcement program. You indicated that such a program would use a stationary camera to photograph the license plates of vehicles entering an intersection when a traffic light is red. An outside contractor would review the photographs, determine if a violation has occurred, and mail citations imposing a penalty of upt to $100 directly to the vehicle owner. You asked whether the Indiana General Assembly must pass an enabling statute before a local unit of government may implement such a program. Brief Answer It is our opinion that state law would preempt a local law that attempts to further regulate automobile moving violations. The General Assembly must enact enabling legislation before a red light camera enforcement program may be implemented. A red light camera ordinance would be an invalid attempt to locally regulate conduct that is already regulated by a state agency. Unless expressly granted authority by statute, a local governmental entity's passage of such an ordinance would be in contravention of the state's home rule law at Indiana Code section 36-1-3-8(a)(7). Analysis Your question deals generally with an Automated Traffic Law Enforcement System, as that term was defined in Senate Bill 570, introduced and considered by the 2005 General Assembly (but not ultimately enacted):

"automated traffic law enforcement system" means a device that:

(1) has one (1) or more motor vehicle sensors working in conjunction with a traffic control signal that exhibits:

(A) a steady red light as described in IC 9-21-3-7(b)(3); or

(B) an illuminated flashing red light as described in IC 9-21-3-8(b)(1); and

(2) is capable of producing a photographically recorded still image of a motor vehicle or a vehicle being drawn by a motor vehicle, including an image of the vehicle's rear license plate, as the vehicle proceeds through an intersection while the traffic control signal is exhibiting a steady red light or an illuminated flashing red

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