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HB 2208: prohibition; photo radar |
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PRIME SPONSOR: Representative Grantham, LD 12 BILL STATUS: Judiciary and Public Safety
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Relating to repealing photo radar enforcement.
Provisions
1. Prohibits the use of a photo enforcement system by state and local authorities to identify persons violating speeding or traffic statutes or ordinances. (Sec. 5)
2. Defines a photo enforcement system.
· The definition is taken from A.R.S. § 28-601 and expanded to include a city or town ordinance violation. (Sec. 3)
3. Repeals various statutes relating to photo enforcement systems. (Sec. 4, 6)
4. Contains a legislative intent clause. (Sec. 7)
5. Makes technical and conforming changes. (Sec. 1, 2, 3)
Current Law
A.R.S. § 28-601 defines a photo enforcement system as a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for identifying violators of speeding and traffic statute.
Every state or local authority using photo radar must adopt standards and specifications informing persons that a photo enforcement system is present and operational, which include:
· At least two signs must be placed before a photo enforcement system, one sign must be approximately 300 feet before and any additional signs must be more than 300 feet before a system;
· A sign clearly stating the posted speed limit must be placed in between the two signs listed above; and
· Signs indicating a photo enforcement system must be removed or covered when the system is no longer present or operational.
A.R.S. § 28-1206 prohibits the use of a photo enforcement system on a state highway to identify persons violating speeding or traffic statutes.
If a person receives a notice of violation in the mail for a speeding or traffic statute or ordinance that is obtained using a photo enforcement system, the person does not have to identify who is in the photo or respond to the notice of violation. The notice of violation must state:
· The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice; and
· Failure to respond to the notice may result in official service that may result in an additional fee being levied (A.R.S. § 28-1602).
The court may dismiss any citation issued to a person identified by a photo radar system that does not meet the standards and specifications (A.R.S. § 28-1204).
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Fifty-third Legislature HB 2208
Second Regular Session Version 1: Judiciary and Public Safety
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