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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
prohibition; photo radar
Purpose
Prohibits a local authority from using a photo enforcement system to identify violators of laws or ordinances relating to excessive speed or failure to obey a traffic control device.
Background
A local authority or agency in Arizona that uses a photo enforcement system must adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational. At least two signs must be placed in a location before the photo enforcement system, in addition to a speed limit sign in between these two signs. If a photo enforcement system is no longer present or operational, signs indicating the photo enforcement system must be removed or covered. Streets with a speed limit of 40 miles per hour or less are exempt from the signage requirements relating to photo enforcement (A.R.S. § 28-1204).
If a person
receives notice of a violation for excessive speed or failure to obey a traffic
control device that is obtained using a photo enforcement system, the person
does not have to:
1) identify who is in the photo; or 2) respond to the notice of violation. The
notice must also state that it is not a court issued document, but that failure
to respond to the notice may result in official service that may lead to an
additional fee being levied. Statute specifies that an alternative service of
process may be used to serve a citation. A person's driving privilege may not
be suspended or revoked as a result of a citation served by alternative service
of process (A.R.S.
§ 28-1602).
A photo enforcement system is 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 traffic and vehicle regulations (A.R.S. § 28-601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a local authority or an agency from using a photo enforcement system to identify violators of:
a) traffic and vehicle regulations;
b) a city or town ordinance for excessive speed; or
c) failure to obey a traffic control device.
2. Removes the prohibition against an unarmed police aide, a municipally approved private contractor or a traffic investigator from serving a process resulting from a failure to obey traffic control devices or speed restrictions obtained using a photo enforcement system.
3. Expands the definition of photo enforcement systems.
4. Repeals the statutes relating to photo enforcement systems, including:
a) first responder exemptions;
b) service of process requirements;
c) the placement and use of photo enforcement systems;
d) signage requirements; and
e) red light running.
5. Contains a statement of legislative intent clause.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1234 would eliminate an important tool for law enforcement that allows for a more efficient allocation of limited police resources.
Senate Action House Action
GOV 2/8/23 DP 5-3-0 MAPS 3/6/23 DP 8-7-0-0
3rd Read 2/15/23 16-13-1 3rd Read 5/15/23 32-26-1-0-1
Vetoed by the Governor 5/26/23
Prepared by Senate Research
May 30, 2023
AN/SB/slp