Assigned to TRANS                                                                                                           FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1236

 

photo radar; speeding violations; reports

 

Purpose

 

Allows a judge to use discretion in forwarding to the Motor Vehicle Division (MVD) the record for a photo radar speeding violation of no more than 15 miles per hour over the speed limit.

 

Background

 

Photo radar is a system that incorporates a computer, two cameras and an independent testing unit that, when used correctly, can identify the speed, license plate and driver of a motor vehicle.  The first camera is used to identifiably photograph the driver of the vehicle while the second camera is used to photograph the license plate.  The computer processes the passing speed of the vehicle by utilizing the ability to input various independent characteristics of the selected radar site, which helps to compute speed and identify the driver of the motor vehicle under various circumstances.

 

MVD currently uses a point system to assess varying traffic violations.  A speeding violation incurs three points on an individual’s driving record.  According to the Arizona Administrative Code, after the accumulation of eight points, the individual’s driver license is suspended for a minimum of three months.

 

Currently, Arizona statute permits law enforcement officers to use photo radar to enforce traffic laws.  As with any other traffic violation, the citation is forwarded to MVD where the appropriate points are applied to the driver’s record.  This legislation allows a judge to decide whether to forward the record to MVD in a photo radar violation less than 15 miles per hour over the speed limit.  In the event that a judge decides to withhold the record from MVD, the driver must still pay the designated fine.     

 

There is no fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Permits a judge to use discretion in forwarding the record to MVD in photo radar speeding cases where the violation is not in excess of 15 miles per hour over the posted speed limit.

 

2.      Defines photo radar as a device that utilizes a photograph of a motor vehicle and an electrical wave mechanism used to gauge the speed of a motor vehicle.

 

3.      Makes conforming changes.

 

4.      Provides for a general effective date.

 

 

Prepared by Senate Staff

January 29, 2001