State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2208: prohibition; photo radar

PRIME SPONSOR: Representative Grantham, LD 12

BILL STATUS: House Engrossed

                JPS: DP 6-3-0-0

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating 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.

a.       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 the purpose of 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 includes:

·         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).

 

 

 

 

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  HB 2208

Second Regular Session                               Version 3: House Engrossed

 

---------- DOCUMENT FOOTER ---------