House of Representatives

HB 2106

prohibit photo radar; state highways

Sponsor: Representative Crump



Committee on Transportation and Infrastructure


Committee on Appropriations


Caucus and COW


House Engrossed


HB 2106 prohibits a state or local authority from using photo enforcement systems to detect speeding violations on state highways.  In addition, HB 2106 repeals the state photo enforcement system and the photo enforcement fund established in 2008.


The strike-everything amendment to HB2106 modifies the state photo enforcement system (SPES0 and the Photo Enforcement Fund (PEF)



Laws 2008, Chapter 286 established a statewide photo enforcement system (SPES) that currently provides automated speed enforcement on the state’s highways.  The legislation also created the Photo Enforcement Fund (PEF), into which revenues from state highway photo enforcement Notices of Violation (NOVs) and citations are deposited. NOVs and citations issued under the program carry a penalty of $165 and a 10% clean elections surcharge (for a total penalty of $181.50). The law prohibits NOVs and citations detected by the state photo enforcement from being reported by the court to the state Motor Vehicle Division (MVD), and further prohibits the MVD from using these offenses for sanctioning drivers and assessing points.  This prohibition has created a conflict with federal laws governing violations by Commercial Motor Vehicle operators and masks the violations for the purpose of rating drivers by insurance companies.


The Joint Legislative Budget Committee (JLBC) reports that the Department of Public Safety (DPS) funding for the system includes $2,173,000 for the DPS staff expenses and $20,361,300 for the DPS payment of private vendor contracts related to the operation of the photo cameras and processing NOVs and citations.  In addition to these monies, $4,056,600 is included in the Supreme Court budget for processing of photo enforcement NOVs and citations. After payment of expenses, the PEF is allowed to retain $250,000 as a balance at the end of each calendar quarter. All fund balances over that amount are transferred to the General Fund (GF). Due to uncertainty in collections, the JLBC does not include a specific estimate of photo radar fines being deposited to the GF in FY 2010. 


In accordance with A.R.S. § 41-1722, the DPS entered into a fixed price contract (“Contract”) with Redflex to provide Statewide Traffic Photo Speed and Intersection Enforcement Systems, Mobile and Fixed, and related services for a two year term, commencing July 16, 2008.


The DPS plans to oversee 100 speed cameras statewide, including 60 stationary cameras and 40 mobile van systems. According to statements in a number of media sources, the DPS has 69 mobile and stationary cameras in operation.  At the time the legislation was enacted, the Executive projected that the state would realize $90 million in the GF revenues the first year of camera operation.


The Insurance Institute for Highway Safety reports photo enforcement bans in the following states:

1.      Arkansas – use prohibited by county or state government.

2.      Nevada – prohibited unless handheld by officer, or installed in law enforcement vehicle.

3.      New Hampshire – prohibited.

4.      New Jersey – prohibited.

5.      Texas –may not be used for speed enforcement.

6.      West Virginia – prohibited.

7.      Wisconsin – prohibited.


Earlier this month, a group called "", began collecting signatures to put in a proposal that would ban photo radar on the November 2010 ballot.  The group needs to collect more than 153,000 valid signatures by July 2010 to qualify for the ballot.



·          Prohibits a state or local authority from using photo enforcement systems to detect speeding violations on state highways.

·          Repeals the SPES and the PEF.


Provisions of the strike-everything amendment

·          Prohibits the issuance of citations or NOVs unless the violator is driving over eleven miles per hour over the posted speed limit.

·          Prohibits the use of a photo enforcement system by state or local authority after September 30, 2010.

·          Requires a local authority that has jurisdiction over a photo enforcement system on a state highway to accept full legal responsibility for ownership, operation and maintenance for that portion of the state highway.

·          Prohibits the use of streaming video acquired from a photo enforcement system for any purpose.

·          Requires 35% of monies in the PEF to be appropriated to the Under the Influence Abatement Fund and requires that the monies must be used for the purchase of public safety officer equipment.

·          Eliminates provisions relating to NOVs.

·          Extends exclusions for judicial productivity credit calculations through September 30, 2010.

·          States that photo enforcement system has the same meaning as prescribed in A.R.S. § 28-601 and includes the SPES.

·          Contains a delayed repeal date of September 30, 2010 for the SPES.

·          Contains an emergency clause.

·          Makes technical and conforming changes.




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Forty-ninth Legislature

First Regular Session  2          March 23, 2009


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