‘MINISTER OF TRANSPORTATION AND GOVERNMENT SERVICES: Room 8 wen ata Oana com His Worship Mayor Glen Murray December 11, 2002 ‘Council Building Civic Centre 510 Maln Street Winnipeg, Manitoba R3B 1B9 Dear Mayor Murray: CONDITIONS OF AUTHORITY Respecting Image Capturing Enforcement Systems Jam waiting further to my November 22, 2002 communication regarding conditions of authority respecting image capturing enforcemsnt systems. The conditions outlined in. this letter supercede those identified in that document. Section 257.1(1) of The Highway Traffic Act (the "HTA') states, In part, that municipalities and peace officers acting on behalf of municipalities or the government, may use image capturing enforcement systems only if they are authorized to do so by regulations. The intent of the photo enforcement fegislation Is to Improve traffic safety through reduction of red light and speeding violations, and injury collisions associated with these high-risk driving behaviors. The safety orientation of this legislation is emphasized by 3. 257.1(8) of the HTA which states that ‘if a municipality's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the municipality mus\ use the surplus ravenue for safety of policing purposes." The Provinces is considering the enactment of a reguiation to authorize the City ot Winnipeg and the Winnipeg Police Service (the “City’) to implement image capturing enforcemont systems (‘photo enforcement’). To prepare for the Implementation of photo enforcement, the Province has entered into an agreement with the City and ACS Public Sector Solutions Ine. ("ACS") dated May 31, 2002 (the “information access agreement’). The information access agreement tecagaizes ACS as the photo enforcement service provider and provides ACS access to registered vehicle owner's information maintained by the Manitoba Division of Driver and Vehicle Licensing.In further preparation for the enactment of a regulation autherizing the City to implement photo enforcement and, in consideration of costs incunred by the Provines for the purpose of implementing phots enforcement, the sum of one (1.00) dollar paid by each party to the other and all other good and valuable consideration the receipt and suffidlency of which the parlies hereby acknowledge, the parties agres to the following: 1. Purpose The purpose of this leiter is to outline terms and conditions to which the City's authority to use photo enforcement shail bs subject. The Province and the City understand and agree that the terms and conditions set out in this letter are intended to be in addition to those prescribed by legisiation and regulation and Ynat in the event of any inconsistencies between the terms of this tetter and these prescribed in legistation of regulation, the terms and conditions prescribed in legislation or regulation shall provail. Compliance with the legislation The City shall comply with all applicable laws and regulations including, without limitation, the HTA and any regulations enacted thereunder. Consistent with this obligation and the requirements of the HTA, the City shall use surplus fine revenue from convictions based on evidence from photo enforcement for safety er policing purposes. Erection of photo enforcement warning signs The City shall, (a) Erect permanent signs advising that traific jaws may be photo enforced on primary access roads entering the City of Winnipeg and at olner entry points, including the Intemational airport, the bus terminal, and the train station located in the City of Winnipeg: {b) Erect permanent signs advising of photo radar use on the primary streets of the City of Winnipeg which are frequently monitored by photo radar. Temporary signage is not required to identity specific deployment locations; and (c) Erect permanent signs at approaches to intersections monitored by intersection safety cameras. Warning notice periad The City shati begin issuing warning notices at least two months prior to issuing photo enforcement tickets (ihe "warning notice periad"). The City shall base the issuance of warning notices on offences detectad from a full range of locations and eniercament davices {intersection safety cameras and photo radar units).Public awareness campaigns The City shail be responsible for public awareness campaigns addressing phate enforcement initiatives within the City of Winnipeg. Namely: (2) The City shall commence a multimedia public awareness campaign to coincide with the warning notice period and for at least ane month following the commencement of the issuance of photo enforcement tickets. {b) The City sha'i maintain post-implementation public awarendss campaigns on 2 continuous basis. (c) The City shall inform the public’of locations where photo enfarcement devices are deployed through the media and the Winnipeg Police Service's website ‘on a continuous basis: (a With respect to intersection safety cameras, the City shall identify the 0) specific locations where these devices are deployed: and With respect to mobile photo radar units, the City shall Identify the general areas of the city where these devices are deployed. Annual report ‘The City shal submit an annual report to the Province outlining the status and offectiveness of photo enforcement by no later than April 1 each year, unless the partias otherwise agree. The annual report shall be fn writing and shall Include, without limitation, the following information: {a) Amount of surpius fine revenue derived from the use of photo enforcement, and the specific purposes for which the surplus revenue has been used; and (b) Effectiveness of the photo enforcement initlatives: (i) Program Outputs: (A) Locations deployed by photo enforcement units; {8} Deployment criterion; (C) Hours In which photo enforcement units cperate at each location; (D) Number of photo enforcement offences; (E) Number of not guilty pleas, acquittals or stays of guilty pleas, and convictions for phote enforcement offences; (F) Number of offence notices issued for speeding and red light violations detected by coriventional means; and {(G)Ail measures taken to achleva and maintain public awareness ef photo enforcement. {ii) Program Outcomes: (A) A controlled study evaluating the impact of the photo enforcement on speed and red light viclations in the municipality, including: 1) Average speeds at locations with and without photo enforcement deployment;