Bill Text: AZ SB1146 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced

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Bill Title: Photo enforcement; traffic violations

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-23 - Senate read second time [SB1146 Detail]

Download: Arizona-2025-SB1146-Introduced.html

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REFERENCE TITLE: photo enforcement; traffic violations

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

SB 1146

 

Introduced by

Senators Carroll: Payne

 

 

 

 

 

 

 

 

An Act

 

amending title 28, chapter 3, Arizona Revised Statutes, by adding article 23; relating to photo enforcement systems.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 23, to read:

ARTICLE 23. AUTOMATED TRAFFIC ENFORCEMENT SAFETY SYSTEM

START_STATUTE28-1241. Definitions

In this article, unless the context otherwise requires:

1. "Agent" means a person that is authorized by a Governing Body to administer the procedures contained in this article and that:

(a) provides services to a Governing Body.

(b) operates, maintains, leases or licenses an Automated Traffic Enforcement Safety System.

(c) is authorized to review and assemble the recorded images or video captured by the Automated Traffic Enforcement Safety System for review by law enforcement.

(d) is not a person that acts as a statutory authority under the public records law.

(e) notwithstanding any other lAW, IS NOT SUBJECT TO THE PRIVATE INVESTIGATOR LICENSING REQUIREMENTS OF TITLE 32, CHAPTER 24.

2. "Automated Traffic Enforcement Safety System" means a system that:

(a) is capable of producing a photographically recorded image or video or a combination of a recorded image or video of the rear of a motor vehicle, or the rear of a motor vehicle being towed by another motor vehicle, including an image of the motor vehicle's rear license plate.

(b) is capable of monitoring motor vehicle speed or obedience to traffic control signals.

(c) indicates, on one or more images produced, the date, the time and the location of the motor vehicle either:

(i) traveling at speeds eleven miles per hour or more above the posted speed limit.

(ii) not obeying traffic control signals.

(d) IF USED TO ENFORCE A CIVIL PENALTY AGAINST a REGISTERED OWNER OR IDENTIFIED DRIVER OF A MOTOR VEHICLE, does not contain images of the face of the operator or passengers in the motor vehicle.

3. "Governing Body" means any county, city or town or other local board or body that has jurisdiction to enforce violations against a motor vehicle traveling at speeds above the posted speed limit.

4. "Hearing Officer" means a person who is appointed by a Governing Body to conduct hearings on violations that are issued by an Automated Traffic Enforcement Safety System pursuant to this Article.

5. "Law enforcement" means a law enforcement agency of a political subdivision of this state that is authorized to issue a citation for a violation of article 3 or 6 of this chapter.

6. "Owner":

(a) means a person in whose name a motor vehicle is registered in this state or under the laws of another jurisdiction.

(b) does not include:

(i) a motor vehicle rental or leasing company when a motor vehicle registered by the company is being operated by another person under a rental or lease agreement with the company, in which event Owner means the person to whom the motor vehicle is rented or leased.

(ii) a dealership, in which event Owner means the person to whom the motor vehicle is assigned for use.

(iii) an Owner of a motor vehicle that has been reported stolen to a law enforcement agency before the time of the violation, in which event Owner means the person who is found guilty of theft of the motor vehicle. END_STATUTE

START_STATUTE28-1242. Governing body requirements; administration

A. Before a Governing Body operates an Automated Traffic Enforcement Safety System, the governing body shall enact an ordinance or regulation that AUTHORIZES the use of AN Automated Traffic Enforcement Safety System. the ORDINANCE or REGULATION shall:

1. SPECIFY THAT the Owner of a motor vehicle commits a violation of the ordinance or REGULATION if the Automated Traffic Enforcement Safety System produces a recorded image OR video, or A combination OF A RECORDED IMAGE OR VIDEO, of a motor vehicle traveling at speeds eleven miles per hour or more above the posted speed limit or not obeying traffic control signalS.

2. Specify THAT the owner of a motor vehicle establishes a defense if at the time of the violation the person identified as having the care, custody or control of the motor vehicle, or identified as the operator of the motor vehicle, is not the Owner.

3. Specify THAT payment of a penalty and associated costs and fees imposed for any violation of ARTICLE 3 OR 6 OF THIS CHAPTER may be made by electronic means.

4. Specify THAT a law enforcement agency or designated Governing Body employee shall review and approve the recorded image or video before the notice PRESCRIBED BY subsection G of this section IS mailed to the Owner of the motor vehicle.

5. Specify that a violation recorded by an Automated Traffic Enforcement Safety System may be enforced only by the issuance of a warning WITHIN a period of at least thirty days after the first Automated Traffic Enforcement Safety System is placed in the local jurisdiction.

6. impose fees associated with electronic processing paymentS of the civil penalty and related administrative fees imposed for any violation of ARTICLE 3 OR 6 OF THIS CHAPTER.

7. provide that the FEES imposed for any violation of ARTICLE 3 OR 6 OF THIS CHAPTER not exceed $350 and be applied to pay the costs of the installation, operation, processing services and system maintenance of the Automated Traffic Enforcement Safety System and that any remaining MONIES shall be deposited in any fund or account of the Governing Body as determined by the Governing Body.

8. Provide that a civil penalty be doubled for any violation that occurs in a:

(a) School zone when children are present.

(b) Work zone when workers are present.

9. require the Governing Body or THE Agent to mail by first class mail a notice of the violation to the Owner of a motor vehicle INVOLVED IN any VIOLATION OF article 3 or 6 of this chapter noT later than thirty days after obtaining the name and address of the Owner of the motor vehicle and noT more than sixty days after the date of the alleged violation. if there is more than one Owner, the notice may be issued to the first person listed on the title or other evidence of Ownership or issued jointly to all listed Owners.

B. A Governing Body may appoint A person to serve as AN Agent to administer an Automated Traffic Enforcement Safety System.

c. A Governing Body may enter into an agreement with an Agent to install or administer AN Automated Traffic Enforcement Safety System AND to PROCESS NOTICES OF VIOLATIONS.

d. An agent shall be compensated based only on the value of the equipment and services provided in supporting the automated traffic enforcement safety system. COMPENSATION may not be based on any:

1. fines or civil penalties imposed through the automated traffic enforcement safety system.

2. revenue generated by the automated traffic enforcement safety system.

e. Before USING AN AUTOMATED TRAFFIC ENFORCEMENT SAFETY SYSTEM TO ENFORCE Any violation OF ARTICLE 3 OR 6 OF THIS CHAPTER, the Governing Body shall install or temporarily erect advance warning signs within three hundred feet but not less than two hundred feet from any STREET OR HIGHWAY at which an Automated Traffic Enforcement Safety System is located. The advance warning signs shall notify motorists the existence of the Automated Traffic Enforcement Safety System and shall comply with the MOST RECENT EDITION OF THE Manual on Uniform Traffic Control Devices FOR STREETS AND HIGHWAYS published as by the United States department of transportation, federal highway administration.

f. AN Automated Traffic Enforcement Safety System MUST:

1. maintain a monthly log of performance of the manufacturer-specified self-test of the Automated Traffic Enforcement Safety System by the agent and the outcome of the self-test.

2. undergo an annual calibration check of which a record shall be kept on file.

G. THE GOVERNING BODY OR ITS AGENT SHALL MAINTAIN Proof the notice of violation was mailed by first class mail to THE OWNER'S address. The notice MUST include:

1. The name and address of the person alleged to be liable as the Owner of the motor vehicle involved in the violation.

2. the license plate number of the motor vehicle INVOLVED IN THE VIOLATION.

3. the violation.

4. the location, date and time of the violation.

5. the RECORDED images of the MOTOR vehicle and MOTOR vehicle license plate captured by the Automated Traffic Enforcement Safety System or information on how to view, through electronic means, the recorded image described in this paragraph.

6. THE electronically generated statement of THE law enforcement officer or designated Governing Body employee who has reviewed the recorded images described in this section and has determined that the motor vehicle violated ARTICLE 3 OR 6 OF THIS CHAPTER.

7. a statement that images captured pursuant to PARAGRAPH 5 of this subsection are prima facie evidence of a violation.

8. the amount of the civil penalty imposed for the violation, not to exceed $350, AND the time, place and manner for payment of the CIVIL PENALTY, including the date by which the Owner must:

(a) pay the civil PENALTY as indicated in the notice of violation if the Owner of the MOTOR vehicle does not contest the violation.

(b) notify the Governing Body that the notice of violation is being contested.

(c) request an administrative hearing to contest the notice of violation, which MAY not be more than thirty days after the issuance date indicated on the notice of violation.

(d) notify the Governing Body that responsibility for the violation specified in the notice is being transferred to another person.

9. the procedure under which the notice of violation may be contested or the procedure and conditions under which responsibility for payment of the civil penalty may be transferred to another person who was operating the motor vehicle at the time of the violation.

10. a statement that failure to timely pay, contest or transfer responsibility of the violation to another person shall constitute an admission that the Owner is responsible for the violation and that failure to pay a civil penalty for which the Owner is determined to be responsible shall result in the inability to obtain or transfer a motor vehicle registration in this state until the civil penalty for the violation is paid to the governing body.

H. registration of the motor vehicle AS INDICATED ON THE NOTICE OF VIOLATION that is RECEIVED BY A LAW ENFORCEMENT OFFICER OR DESIGNATED GOVERNING BODY shall be admissible as prima facie evidence that the Owner was the operator of the vehicle AT THE TIME OF THE VIOLATION.

I. It is a defense to a proceeding to a notice of violation if:

1. a traffic citation was issued to the operator of the motor vehicle for the same violation by a state or law enforcement officer who was present at the scene.

2. the violation of article 3 or 6 of this chapter occurred during a period of time in which the motor vehicle or the motor vehicle's license plate had been reported as stolen to a local or state law enforcement agency, had not been recovered before the time of the violation and a copy of the report of the theft is produced and authenticated.

3. at the time of the violation, the motor vehicle was in the care, custody or control of a person other than the Owner, including an employee of the Owner of the motor vehicle, or under a written agreement for the rental or lease of the motor vehicle for a period of not more than sixty days. If a defense under this paragraph is invoked, the Owner must provide to the court or Agent for the Governing Body a sworn affidavit signed under penalty of perjury containing the name and address of the person, employee, renter or LESSOR who had care, custody or control of the motor vehicle at the time of the alleged violation.

J. IT IS A REBUTTABLE PRESUMPTION THAT ANY SIGN REQUIRED TO BE INSTALLED PURSUANT TO THIS CHAPTER WAS PROPERLY INSTALLED AT THE TIME AND PLACE OF THE ALLEGED VIOLation.

k. If the Owner of a motor vehicle meets the requirements of subsection I, PARAGRAPH 3 of this section, the court or the Agent shall mail by first class mail or electronically transfer the notice of violation to the person identified as having the care, custody or control of the motor vehicle at the time of the violation. The proof required under subsection I, paragraph 3 of this section creates a rebuttable presumption that the person having the care, custody or control of the motor vehicle at the time of the violation was the operator of the motor vehicle at the time of the violation. The notice of violation required under this subsection must contain:

1. The information described in subsection G, paragraph 4 of this section.

2. a statement that the person receiving the notice of violation was identified by the Owner of the motor vehicle as the person having the care, custody or control of the motor vehicle at the time of the violation.

3. a statement that a person may offer a defense as described in this article. If the person identified by the Owner as having care, custody and control of the motor vehicle denies having care, custody or control of the motor vehicle at the time of the violation, the responsibility shall revert to the Owner of the motor vehicle.

l. The Owner may not attempt to transfer responsibility more than one time per violation using that procedure.

m. if a person other than the Owner denies they were the operator at the time of the violation and declines responsibility, a new notice of violation shall be issued to the Owner that states the other person declined responsibility and that gives the Owner the option to pay the civil penalty or contest the violation by a specified date that may not be less than twenty days from the first class mailing of the new notice of violation.

n. The person who receives the notice of violation is responsible for payment of the civil penalty unless the person:

1. timely returns a signed statement on a form provided with the notice of violation that the person is not the operator at the time of the violation and that the person declined responsibility, in which case responsibility for the violation reverts to the Owner.

2. admits to being the operator at the time of the alleged violation but denies committing a violation of article 3 or 6 of this chapter, in which case the person may contest the notice of violation in the same manner as the Owner.

o. An Agent, law enforcement officer or designated Governing Body employee is not liable for any loss that occurs while acting within the scope of their employment or contractual engagement to implement or enforce a violation of article 3 or 6 of this chapter.

p. If a violation has not been contested and the assessed civil penalty has not been paid, the Agent or Governing Body shall send to the person who is the owner of the motor vehicle a final notice of any unpaid civil penalty, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that a civil penalty may not be imposed. The notice shall inform the Owner that:

1. the Governing Body or Agent will send a referral to the Department if the assessed civil penalty is not paid within thirty days after the final notice was mailed.

2. The referral shall cause the person held responsible for the violation to be ineligible to obtain or transfer a vehicle registration if the assessed penalty is not paid.

q. The Governing Body or Agent shall send a referral to the Department not sooner than thirty days after the final notice required under subsection p of this section was mailed if a violation of article 3 or 6 of this chapter has not been contested and the assessed civil penalty has not been paid. The referral to the Department shall include the following:

1. Any information known or available to the Agent or Governing Body concerning the license plate number and year of registration and the name of the Owner of the motor vehicle.

2. the date on which the violation occurred.

3. the date when the notice required under this section was mailed.

4. the seal, logo, emblem or electronic seal of the Governing Body.

r. If the Department receives a referral under subsection P of this section, the referral shall be entered into the Motor Vehicle Database within five days after receipt, and the Department shall cause the registration of the motor vehicle involved in the violation to not be transferred in this state and shall cause the person who is held responsible for the violation to be ineligible to obtain a vehicle registration until the civil penalty and any late fee are paid to the Governing Body. The Department shall mail by first class mail a notice to the person in whose name the motor vehicle is registered to inform the person that the person is ineligible to obtain or transfer a vehicle registration due to the failure to pay the civil penalty for a violation of article 3 or 6 of this chapter and of the procedure that the person may follow to remove the civil penalties.

s. The Department shall remove the civil penalties on a motor vehicle and the Owner if any person presents to the Department adequate proof that the civil penalty and any imposed reinstatement fee, if applicable, have been paid.

t. the department may not issue or transfer a motor vehicle registration if the department has notice that a civil penalty remains unpaid. when the Governing Body has given a notice of nonpayment to the Department and the civil penalty has been paid, the Governing Body shall transmit notice of the payment to the Department.

u. The chief executive officer of a Governing Body shall appoint one or more Automated Traffic Enforcement Safety System Hearing Officers, other than a law enforcement officer or persons who work in the law enforcement agency, to conduct the hearings authorized by section 28-1243.END_STATUTE

START_STATUTE28-1243. Contesting notices of violations; administrative hearing; process

A. Any person who receives a notice of violation pursuant to this Article may contest the notice of violation by requesting an administrative hearing.

B. The following procedures apply to proceedings to contest a notice of violation issued pursuant to this aRticle:

1. on receipt of a timely notice from any person who asserts a defense authorized by this Article and who requests an administrative hearing, the Governing Body shall cause the case to be docketed and shall issue electronic or written notice of the administrative hearing date, time and location. the administrative hearing shall be held not less than fifteen but not more than sixty days after the date of mailing the notice of violation. The administrative Hearing Officer shall grant, on good cause shown, any reasonable request by any interested party for a single postponement or continuance if the request is received not less than two days before the scheduled administrative hearing.

2. A person wishing to contest responsibility shall appear and may present evidence at the administrative hearing. If the person who requested the administrative hearing fails to appear, the administrative Hearing Officer may enter an assessment by default on a finding of proper notice and resp0nsibility under article 3 or 6 of this chapter.

3. The administrative Hearing Officer shall conduct the administrative hearing in the order and form and with methods of proof as the administrative Hearing Officer deems fair and appropriate. The administrative Hearing Officer shall apply the preponderance of the evidence standard in adjudicating any notice of violation. Rules regarding the admissibility of evidence may not be strictly applied, but all testimony shall be given under oath or affirmation.

4. if there is a dispute between the Owner and another person as to who was operating the motor vehicle at the time of the alleged violation, or a dispute between joint Owners, it is presumed that the Owner was operating the vehicle, and if the owners are joint Owners, the presumption shall follow the order the Owners are listed on the title or other evidence of Ownership. an administrative Hearing Officer may determine the identity of the operator of the motor vehicle based on any admitted evidence. The court may take appropriate action to cause the Owner and other person to appear at the same administrative hearing to determine responsibility.

5. Any evidence of the notice of violation that is produced by an Automated Traffic Enforcement Safety System and evidence of ownership of a motor vehicle as shown by copies or summaries of official records is admissible into evidence as official records or business records without the need for additional foundation. The administrative Hearing Officer may accept copies of police reports, documents of the Department and other official documents either electronically or by mail in lieu of an appearance and testimony by the custodian of the record.

6. The administrative Hearing Officer shall announce the administrative Hearing Officer's decision at the end of the administrative hearing. If the administrative Hearing Officer determines that the person is not responsible for the violation, the administrative Hearing Officer shall dismiss the matter and enter a determination either in writing or electronically. If the administrative Hearing Officer determines that the person is responsible for the violation, the administrative Hearing Officer shall enter and assess any fines, penalties, costs or fees against the person. If payment of a civil penalty is due, the amount of the civil penalty may not be decreased, and the responsibility may be satisfied only by payment.

7. An additional $10 fee shall be collected by the municipal court in connection with notices issued under this article as compensation for recordkeeping and transaction processing with respect to violation notices issued under this article.

8. With the exception of court costs, any civil penalty assessed under this article and collected by the court shall be remitted to the Governing Body in which the violation occurred.

9. On any appeal to the Municipal Court, the procedures shall be as for any civil case.

10. A person who appeals to the municipal court a decision of a civil penalty, as a condition precedent to appeal, shall pay the civil penalty in full. failure to pay the civil penalty in full divests the Municipal Court of jurisdiction.

11. If on appeal the Municipal Court finds that the person is not responsible for payment of the civil penalty, the Governing Body shall refund the fee without interest within fifteen days after receipt of notice of the disposition from the Municipal Court.

C. a person is not responsible for payment of a civil penalty for a notice of violation issued under this article if the operator of the motor vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that a civil penalty may not be imposed.

D. a person may not be arrested or incarcerated for nonpayment of a civil penalty that is imposed pursuant to this article.

E. Recorded images and any documents and data produced by an Automated Traffic Enforcement Safety System are not public records and are exempt from title 39, chapter 1.

F. The recorded images produced by an automated traffic enforcement safety system:

1. shall be destroyed within ninety days after the final disposition of the case to which it pertains, including any appeals, unless otherwise ordered by a court of competent jurisdiction.

2. that do not identify a Violation shall be destroyed by any city, town or agent within thirty days after the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction.

G. Notwithstanding any other law, a violation of article 3 or 6 of this chapter that is detected by an automated traffic enforcement system may not:

1. be considered a moving traffic violation.

2. be considered by a department or agency of this state for the purpose of determining whether the person's driver license be suspended or revoked. A court may not transmit abstracts of records of violations of this section to the department.

H. The relevant Governing Bodies of this state shall adjudicate a notice of violation issued pursuant to this article as a civil offense whenever the offense is alleged to have occurred within the governing body's jurisdiction and, in consultation with the appropriate local government agencies, shall adopt procedures for the issuance of citations, the trial of civil violations and the collection of civil penalties under this article. END_STATUTE

START_STATUTE28-1244. Annual report

Not later than twelve months after the date of implementing an Automated Traffic Enforcement Safety System program and by December 31 of each year after the initial date of implementation, the governing body shall post an annual report on the governing body's website. the report shall include a comparison and analysis of:

1. The number of violations of chapter 5, article 3 or 4 of this title that were detected by an automated traffic control signal enforcement system.

2. other data deemed of interest or importance by the Governing Body. END_STATUTE