ARIZONA STATE SENATE

ZACK DEAN

LEGISLATIVE RESEARCH ANALYST

TRANSPORTATION & TECHNOLOGY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

TRANSPORTATION & TECHNOLOGY COMMITTEE

DATE:            February 11, 2021

SUBJECT:      Strike everything amendment to S.B. 1419, relating to prohibition; photo radar

Purpose

            Prohibits a local authority from using a photo enforcement system to identify violators of laws or ordinances related to failure to obey traffic control devices or speed restrictions. 

Background

Local authorities and agencies of Arizona that use a photo enforcement system are required to adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational, including 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. Signage requirements do not apply to mobile photo enforcement systems deployed on streets with a speed limit of 40 miles per hour or less (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 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. 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).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits a local authority of Arizona from using a photo enforcement system to identify violators of laws or ordinances related to failure to obey traffic control devices or speed restrictions.

2. Repeals sections of statute relating to photo enforcement systems, including:

a) signage requirements;

b) service of process requirements;

c) prohibitions on the use and placement of photo enforcement systems; and

d) exemptions from enforcement actions.

3. 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.

4. Modifies the definition of photo enforcement system.

5. Contains a legislative intent clause.

6. Makes technical and conforming changes.