School Zone Traffic Control Cameras Now Issuing Citations/Fines
As noted by WNEG News on Oct. 1, the traffic cameras located in the school zone outside Stephens County High School at Big A Road at White Pine Road are now fully active, and civil citations with monetary penalties will be issued to the owner of vehicles traveling more than 11 miles per hour above the speed limit.
CAMERA LOCATION & SCHEDULE
The traffic cameras, one facing oncoming traffic at the beginning of the school zone in each direction on Big A Road, were initially activated on Friday, Aug. 2 and beginning Sep. 2, written warnings with no monetary penalty were issued through the U.S. Postal Service for those violating the speed limit during the school day.
The school zone on Big A Road, and the section of Big A Road covered by the Traffic Control and Citation Cameras, lies between Wilmot Road on the north end (closest to Downtown Toccoa – just before reaching the Georgia Home Gallery manufactured home lot when driving south) and roughly near Speedway Drive leading to Toccoa Raceway on the south end (closest to Walmart).
According to Information provided by the Stephens County Sheriff’s Office, the traffic control and citation cameras will become active each school day at 6:30 a.m. and remain active until 4:45 p.m., during which time, the cameras will record any vehicles traveling at speeds faster than 11 miles per hour above whatever speed limit is in effect at the time of the offense.
Speed limits inside the zone covered by the traffic cameras are as follows:
Before school, from 6:45 a.m. to 7:45 a.m. and after school, from 2:45 p.m. to 3:45 p.m. on school days, the school zone lights will be flashing, the speed limit is 35 miles per hour, and the traffic control and citation cameras will issue citations to anyone traveling 46 miles per hour or higher.
At all other times, the speed limit is 45 miles per hour, and from 6:30 a.m. to 6:45 a.m., from 7:45 a.m. to 2:45 p.m., and from 3:45 p.m. to 4:45 p.m., the traffic control and citation cameras will issue citations to anyone traveling 56 miles per hour or higher.
During all hours not mentioned in the above two specifications, including weekends and holidays, as well as late afternoon, evening and overnight hours, the speed limit is 45 miles per hour, but the traffic control and citation cameras will not be in operation, and the speed limit will be enforced by law enforcement officers.
It was noted in the press release from the Sheriff’s Office that, on days that school is canceled for inclement weather, citations issued on those days will be “voided.” WNEG News has not received information regarding whether, on other days when school is not in operation, such as holidays, teacher work days, and other scheduled and unscheduled school closure, citations will also be voided. We will update this report once that information is provided.
There are digital warning signs located on the right hand side of Big A Road as drivers approach the entrance to the school zone from either direction. These signs indicate the speed limit when lights are flashing, as well as a digital display of each driver’s speed entering the school zone.
It is noted that there are also currently small signs posted in the school zone that lists hours for the 35 mph speed limit that are different from those released by the Sheriff’s Office and posted here. The schedule on those signs is superseded by this latest information release by the Sheriff’s Office, and according to county officials, removing or changing the existing sign will need to be coordinated through the Georgia Department of Transportation.
FINES
Speeding fines in the school zone will be set at a fixed rate. The fine for a first offense citation will be $100; second and subsequent offenses within one year will be fined at $150 for each offense. The citations will not apply points against a driver’s license, but are considered a civil penalty and are issued against the registered owner of the vehicle.
GEORGIA LAW
Georgia Code, 40-14-18, permits recorded images for violations “which occurred only on a school day during the time in which instructional classes are taking place and one hour before such classes are scheduled to begin and one hour after such classes have concluded when such violations are in excess of ten mile per hour over the speed limit.
Citations will not be considered a moving traffic violation nor considered in points assessment, nor shall citations be used for any insurance purposes in the provision of motor vehicle insurance coverage.
Regarding enforcement, the code states, “The owner of a motor vehicle shall be liable for a civil monetary penalty to the governing body of the law enforcement agency … if such vehicle is found, as evidenced by photographically recorded images, to have been operated in disregard or disobedience of the speed limit within any school zone and such disregard or disobedience was not otherwise authorized by law. The amount of such civil monetary penalty shall be $75 for the first violation and $125 for the second or any subsequent violation, in addition to fees associated with the electronic processing of such civil monetary penalty which shall not exceed $25.”
CONTESTING THE CITATION
Georgia Code additionally states that “Vehicle owners who have been issued a citation may contest the accusation by testifying in open court or providing a notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation.”
There are several legal cases in other Georgia jurisdictions over whether the vehicle owner must provide the identity of the driver, and whether the owner must prove that they were not driving. Opinions appear to be divided, as the wording of the Code only states that the owner must testify or attest in a notarized statement that they were not driving; the code does not provide for any further requirements. However, several jurisdictions using the Traffic Control and Citation cameras require the owner to supply the name of the driver, and/or provide proof that they were not driving, and several jurisdictions claim that the registered owner remains fiscally responsible for the fine if the driver does not pay the fine. WNEG News was unable to find concrete, legal determination or final decision on this matter.
WNEG News has also been unable to find any avenue of contesting a citation for any reason other than not being the driver, such as contesting the accuracy of the camera speed assessment or the accuracy of tracking which vehicle passing the camera at one time was exceeding the speed limit when there are two lanes of traffic. WNEG News will continue to research this question, which was posed to WNEG News by several citizens.
SCSO CONTRACT WITH BLUE LINE SOLUTIONS
WNEG News has obtained through Open Records Request a copy of the contract between Blue Line Solutions of Chattanooga, Tennessee, and the Stephens County Sheriff’s Office regarding the Traffic Control and Citation Cameras on Big A Road near Stephens County High School.
Included with the contract package was a letter dated Nov. 16, 2023 from Stephens County School Superintendent Dr. Connie Franklin to Georgia Department of Transportation District 1 Engineer Kelvin Mullins stating, “The Stephens County School System in conjunction with the Stephens County Sheriff’s Office, performed a speed study in the school zone of Stephens County High School on State Route 17A, the results of which indicate a significant speeding problem throughout the school zone. It is our recommendation that an automated photo speed enforcement system be put in place to enforce the speed limit one hour before classes begin, through the day, and one hour after classes conclude as defined by Georgia Law. We feel this program is imperative to help reduce the likelihood of crashes, injuries or fatalities within the school zone.”
The contract, dated August 12, 2024, specifies that the contract is entered into as a result of the Sheriff’s Office desire to use Blue Line Solutions’s Automated Speed Enforcement System, or APE, and the Manned Photo Laser System, or MPL, to “monitor excessive speeding infractions and other potential traffic violations, issue traffic notices of violations and evaluate traffic movement and safety…”
The term of the contract is 24 months, beginning on the date the first Notice of Violation/Liability is issued and payable, and may automatically be extended for an additional 24 months .
Additional services available as an addition to the contract by agreement of both parties include Automated License Plate Recognition Systems, Mobile Surveillance and or Trailers, drones, surveillance canvas, and other related technology. WNEG News has requested confirmation on whether any of these additional services or equipment were requested by the Stephens County Sheriff’s Office.
CITATION PROCESS
Under the procedure identified in the contract, Blue Line Solutions will conduct a preliminary review of recorded events to filter for event data “not of sufficient quality for further use, such as recorded event data in which no motor vehicle registration plate information or only partial information is reasonably discernible.”
After preliminary review, BLS will retrieve applicable Motor Vehicle Administration records for motor vehicles photographed in the recorded events, including the name and address of the registered owner of the vehicle, and present them to the Stephens County Sheriff’s Office.
After being supplied the information on the recorded violations, personnel from the sheriff’s office will review each event and determine whether a citation shall be issued, after which, citations will be issued to the registered owner of vehicles in violation.
CITATION FEE REVENUE
Revenue from paid notice of violation shall be shared between the two parties, the Sheriff’s Office’s portion shall be 65% of all paid notices and BLS’s portion shall be 35%. No charges or fees will be assessed to the Sheriff’s Office for non-paid violations.
A credit card convenience fee of up to $5.90 will be changed to the violator for violation payment processing manually for phone payments – this fee shall not be shared with the sheriff’s office
The agree-upon value of installation, infrastructure, development and implementation of the APE System, per the contract, is $75,000 per installed ApE System zone; if the Sheriff’s Office cancels the contract with BLS prior to the end of the contract term, the SCSO would be responsible for the difference between the value of the zone(s) and the revenue BLS collected up to the date of the contract cancelation.
WNEG News has asked for written confirmation of how many APE System Zones were included in the contract.
DISPOSITION OF COLLECTED FINES
Georgia Code specifies, “The money collected and remitted to the governing body … shall only be used by such governing body to fund local law enforcement or public safety initiatives.
WNEG News confirmed with Stephens County Administrator Christian Hamilton that all monies collected from citations issued by the traffic control and citation cameras will be paid directly to the county, as opposed to the Sheriff’s Office, and the Board of Commissioner has sole discretion as to the expenditure of those funds within the limits of Georgia Code that the funds be spent on Local Law Enforcement of Public Safety Initiatives.”
LEGAL AND LEGISLATIVE NOTES
WNEG News, during research into Traffic Control and Citation Cameras used in other Georgia Counties, found that Jonesboro dismissed or refunded more than 1,200 citations due to a glitch in the camera system that led to the system issuing citations for violations of the wrong speed limit.
There are currently two bills that were under consideration at the Georgia Legislature in 2023, including House Bill 348 which would limit the use of the cameras to one hour before school and one hour after school, and House Bill 1126, which would make the use of the camera systems illegal by striking down the 2018 law that authorized their use.