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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
photo radar enforcement; civil penalty
Purpose
Caps the penalty for a civil traffic violation that results from a photo enforcement system at $75 and prohibits the disclosure and consideration of such a violation to determine a person's insurability or driving privileges.
Background
The state, or a local authority, may not use a photo enforcement system on a state highway to identify violators of speed restrictions or traffic signs, signals and markings. A local authority or state agency using a photo enforcement system must adopt standards and specifications that indicate to a motor vehicle operator that a photo enforcement system is present and operational (A.R.S. §§ 28-1204 and 28-1206).
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).
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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Caps, at $75, the civil penalty for a person who is found responsible for a civil traffic violation that results from a photo enforcement system.
2. Prohibits a court from transmitting abstracts of records of a violation that results from a photo enforcement system to the Arizona Department of Transportation.
3. Prohibits a state department or agency from considering a violation that results from a photo enforcement system for the purpose of determining whether a person's driver license would be suspended or revoked.
4. Prohibits an insurer from considering a violation that results from a photo enforcement system as a traffic violation against a person for the purpose of establishing rates for motor vehicle liability insurance or determining the insurability of a person.
5. Stipulates that an insurer may not cancel or refuse to renew any policy of insurance because of a violation that results from a photo enforcement system.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
KJA/hk