House Passes Anti-Photo Radar Bill After Long Debate

HB2525, legislation banning photo speed and red light enforcement in the state, was approved in a late night session on Thursday after an interminable debate. After nearly an hour of debate, the bill passed in a 32-28 party line vote.

While lawmakers claimed the devices save lives, few mentioned that the cameras are primarily desired by municipalities due to the revenue brought in by traffic fines.

ALLEN J Y ALSTON N ANDRADE N BARTON Y
BENALLY N BLANC N BOLDING N BOWERS Y
BOYER Y BUTLER N CAMPBELL Y CARDENAS N
CARTER Y CHÁVEZ N CLARK N CLODFELTER Y
COBB Y COLEMAN N COOK Y DESCHEENIE N
ENGEL N EPSTEIN N ESPINOZA N FARNSWORTH E Y
FERNANDEZ N FINCHEM Y FRIESE N GABALDÓN N
GONZALES N GRANTHAM Y HERNANDEZ N JOHN Y
KERN Y LAWRENCE Y LEACH Y LIVINGSTON Y
LOVAS N MARTINEZ N MITCHELL Y MOSLEY Y
NAVARRETE N NORGAARD Y NUTT Y PAYNE Y
POWERS HANNLEY N RIOS N RIVERO Y RUBALCAVA N
SALDATE Y SALMAN N SHOOTER Y SHOPE Y
STRINGER Y SYMS N THORPE N TOWNSEND Y
UDALL Y UGENTI-RITA Y WENINGER Y MESNARD Y

HB 2525 provisions:

1. Prohibits local authorities and state agencies from identifying individuals violating speeding or traffic statutes or ordinances through photo radar. (Sec. 5)

2. Repeals sections of statute relating to photo enforcement systems. (Sec. 4, 6)
3. Contains a legislative intent clause. (Sec. 7)
4. Makes conforming changes. (Sec. 1, 3)

Current Law

Local authorities and state agencies are permitted to use a photo enforcement system if standards and specifications are adopted indicating to a person that a photo enforcement system is present and operational. Statute outlines the requirements the standards and specifications must meet. If the standards and specifications are not in effect, the court may dismiss any citation issued to a person identified using a photo enforcement system (A.R.S. § 28-1204).

Individuals identified violating speeding or traffic statutes or ordinances and notified of the violation do not have to identify who is in the photo or respond to the notice. The notice must state:

1) the notice is not a court issued document and the recipient has no obligation to identify the person or respond to the notice; and

2) failure to respond may result in official service, which could result in an additional fee being levied (A.R.S. § 28-1602).

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