1B, Administrative Fines for Traffic Offenses

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Checklist for Implementing Administrative Traffic Citations New law authorizes exclusive use of administrative traffic citations for minor traffic offenses. This means no statutory or home rule charter city may use a different process for issuing such administrative traffic citations. A city may, however, issue other kinds of administrative citations pursuant to local ordinance for non -traffic matters such as liquor licensing ordinance violations, nuisance and animal ordinance violations, and so on. The following are the steps a city must take to issue administrative traffic citations. 1. Pass a resolution that • Authorizes police use of administrative traffic citations for $60 per violation. • Obligates the city to provide a neutral third party to hear and rule on challenges. • Bars peace officers from issuing administrative traffic citations in violation of this law. 2. Set up an appeal process using a neutral third -party hearing officer for those who wish to contest their administrative traffic citation. (The legislative intent is that this hearing officer be someone other than city staff or the city council.) 3. Notify the commissioner of Public Safety that the council passed a resolution allowing police officers to issue administrative traffic citations. Send the notice by mail (See Model Letter to the Commissioner of Public Safety on page 10) or by e-mail to tamara.bohtnertrastate.nln.us. Keep a copy! 4. Develop an information sheet to give to anyone who gets an administrative traffic citation describing how the person may contest it. (See Model Flyer for Administrative Traffic Citation Recipients on page 9). 5. Buy the new prescribed DPS uniform traffic citation from the commissioner of Public Safety. (Cities may use the printer or vendor of their choice.) 6. Track the number of administrative traffic citations issued and the money collected. (The state auditor must collect this information from cities each year.) 7. Divide the money collected so that: Two-thirds of the fine ($40) remains with the city that issued the administrative traffic citation. • One-third of the fine ($20) is paid to the state commissioner of Finance. 8. Use one-half of the city's share ($20) for law enforcement purposes. 9. Police officers may issue an administrative traffic citation to a vehicle operator who® • Violates speed limits by less than 10 miles per hour. • Fails to obey a stop line. • Operates a vehicle with a cracked windshield or other specific equipment violation. Note: Those with commercial driver's licenses are not eligible for administrative traffic citations nor are drivers of commercial vehicles. Administrative Traffic Citations Tool Kit