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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
traffic violations; photo radar; penalties
Purpose
Subjects a person to a civil penalty of $100 for a traffic violation and prohibits considering the violation when determining a license suspension or revocation, insurance rates or insurability if the civil penalty is paid, as prescribed.
Background
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 speed restrictions or traffic signs, signals and markings (A.R.S. § 28-601).
If a person receives notice in the mail for a violation of state or local speed restrictions or traffic control devices 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 state that it is not a court-issued document, but failing to respond to the notice may result in official service that may lead to an additional fee being levied. 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 the alternative service of process (A.R.S. § 28-1602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects, to a civil penalty of $100, a person who is found responsible for a violation of state traffic and vehicle regulations that is obtained from photo enforcement system.
2. Prohibits, if the person fully pays the civil penalty within 90 days after the finding of responsibility, the following:
a) a state department or agency from considering the violation for the purposes of determining whether the person's a license should be suspended or revoked; and
b) an insurer from considering the violation as a traffic violation against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person.
3. Stipulates that an insurer is prohibited from canceling or refusing to renew any policy of insurance because of the violation.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2024
KJA/sdr