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HB 2400: traffic tickets; service; photo radar |
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PRIME SPONSOR: Representative Mosley, LD 5 BILL STATUS: Appropriations
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Relating to service of photo radar tickets.
Provisions
1. Requires all photo radar traffic tickets to be hand-delivered to the person driving at the time of the violation for the purpose of completing the service of process. (Sec. 2)
2. Makes technical and conforming changes. (Sec. 1, 2)
Current Law
A.R.S. § 28-601 defines a PES 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.
A.R.S. § 28-1602 defines a NOV as a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket or complaint.
If a person receives a NOV 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 NOV. The NOV 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.
Alternative service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and a garage door. Service of the complaint is complete on filing the mailing receipt and proof of posting the violation in court. Failure to respond to the citation may result in the person being formally served.
A.R.S. § 28-1593 allows a traffic complaint to be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the Arizona Rules of Civil Procedure.
The Rules of Civil Procedure (Rule 4.1) permit service as follows:
(d) Serving an Individual. Unless Rule 4.1(c), (e), (f), or (g) applies, an individual may be served by:
1. Delivering a copy of the summons and the pleading being served to that individual personally;
2. Leaving a copy of each at that individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
3. Delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
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7. Fifty-third Legislature HB 2400
8. Second Regular Session Version 2: Appropriations
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