photo radar enforcement; civil penalty, the official text

REFERENCE TITLE: photo radar enforcement; civil penalty

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1624

Introduced by

Senator
Gowan

AN
ACT

amending section 28-1602, Arizona Revised
Statutes; relating to civil traffic violations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-1602, Arizona Revised
Statutes, is amended to read:

START_STATUTE28-1602. Photo enforcement violations; law enforcement review; violation;
classification; service of process; no duty to identify photo or respond; civil
penalty; definitions

A. Notwithstanding any other law, if a person
receives a notice of violation in the mail for a violation of chapter 3,
article 3 or 6 of this title or of a city or town ordinance 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 do either of the following:

1. Identify who is in the photo.

2. Respond to the notice of violation.

B. The notice of violation must state the following:

1. The notice of violation is
not a court issued document and the recipient is under no obligation to
identify the person or respond to the notice of violation.

2. Failure to respond to the notice of
violation may result in official service that may result in an
additional fee being levied.

C. Before a citation is issued, a law enforcement
agency must review evidence that is recorded by a photo enforcement system to
determine whether a violation of chapter 3, article 3 or 6 of this title or of
a city or town ordinance for excessive speed or failure to obey a traffic
control device occurred.

D. A photo enforcement company may not determine
whether a violation of chapter 3, article 3 or 6 of this title occurred for the
purpose of [the issuance of] issuing a
citation.  A violation of this subsection is a class 1 misdemeanor.

E. In addition to any other means authorized by the
Arizona rules of civil procedure, alternative service of process must be sent
by certified mail with an additional copy by regular mail and a notice must be
posted on the front door of the business or residence and, if present and
accessible, a residence's garage door.  Service of the complaint is complete on
filing the mailing receipt and proof of posting in the court having
jurisdiction of the violation.  Notwithstanding any other law, a person's
driving privileges may not be suspended or revoked as a result of a citation
that is served by alternative service of process under this subsection.

F. If a law enforcement agency issues a citation as
a result of a photo enforcement system and serves the citation in a manner
other than what is prescribed by section 28-1593, subsection A, the
agency shall inform the person that there is no obligation to identify the
driver or respond to the citation.  Failure to respond to the citation will
result in the probability that the person will be formally served pursuant to state
law and the Arizona rules of civil procedure which will likely result in the
person being required to pay the cost of the service.

G. If a person is found responsible
for a civil traffic violation that results from a photo enforcement system:

1. The person is subject to a civil
penalty of not more than $75.

2. A department or agency of this
state may not consider the violation for the purpose of determining whether the
person's driver license should be suspended or revoked.

3. A court may not transmit abstracts
of records of the violation to the department.

4. An insurer may not consider the
violation as a traffic violation against the person for the purposes of
establishing rates for motor vehicle liability insurance or determining the
insurability of the person.  An insurer may not cancel or refuse to renew any
policy of insurance because of the violation.

[G.] H. For
the purposes of this section:

1. "Notice of violation" means a notice
issued by a photo enforcement company or municipality that is not a uniform
traffic ticket and complaint.

2. "Photo enforcement system" has the same
meaning prescribed in section 28-601. END_STATUTE