Assigned to TTMC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1003
prohibition; photo radar
Purpose
Prohibits a local authority or state agency from using a photo enforcement system to
identify violators of state or local speed restrictions or traffic control devices.
Background
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. An
official traffic control device is any sign, signal, marking or device that is consistent with traffic
and vehicle regulations and is placed or erected by authority of a public body or official having
jurisdiction for the purpose of regulating, warning or guiding traffic (A.R.S. § 28-601).
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). 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).
The State of Arizona, 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.R.S. § 28-1206).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a local authority or state agency from using a photo enforcement system to identify
violators of:
a) speed restrictions or traffic signs, signals and markings; or
b) a city or town ordinance for excessive speed or failure to obey a traffic control device. FACT SHEET
S.B. 1003
Page 2
2. Removes the prohibition on unarmed police aides, municipally-approved private contractors
and traffic investigators serving any process resulting from a citation that is:
a) issued for a failure to obey state or local speed restrictions or traffic control devices; and
b) obtained using a photo enforcement system.
3. Repeals photo enforcement system statutes, including:
a) the placement and use of photo enforcement systems;
b) standards and requirements for photo enforcement zones;
c) service of process requirements;
d) a first responder exemption;
e) red light running; and
f) a prohibition on state use.
4. Expands the definition of photo enforcement system to include being used to identify violators
of a city or town ordinance for excessive speed or failure to obey a traffic control device.
5. Contains a statement of legislative intent.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
January 12, 2024
KJA/slp