Automated enforcement laws

December 2008

Automated enforcement refers to the use of technology to enforce traffic safety laws. Although many jurisdictions that use automated enforcement are in states that have laws authorizing its use, not all states where automated enforcement is in use have such laws, nor are they always necessary. Most automated enforcement programs and laws are for red light violations; however, the use of automated enforcement for speed is increasing, and a few jurisdictions use automated enforcement for other violations such as failing to pay a toll and disobeying a railroad crossing signal. In states that have automated enforcement laws, the laws vary from state to state; some authorize enforcement statewide, whereas others permit use only in specified communities.

Red light camera systems are triggered when a vehicle enters an intersection after the light has been red for a predetermined time. A recent Institute review of red light camera studies around the world, including several by the Institute, concluded that cameras reduce red light violations by 40-50 percent and reduce injury crashes by 25-30 percent. One study found a reduction of 68 percent in front to side impact injury crashes, the kind of crashes most related to red light running. See communities with red light cameras

Automated speed enforcement systems are triggered when a vehicle exceeding the speed limit by a predetermined amount is observed. A 2003 Institute study showed that average speeds declined 14 percent within 6 months of implementing speed cameras in the District of Columbia. Moreover, the proportion of vehicles exceeding the speed limit by more than 10 mph declined 82 percent. See communities with speed cameras

A few jurisdictions treat automated enforcement citations just like parking tickets in that the registered owner is liable. Similarly, just as parking tickets do not result in points or are not recorded on a driver’s record, many jurisdictions do not assess points or make a record of automated enforcement citations. Automated enforcement laws associated with moving violations are summarized in the following table.

State	Statewide or only specified locations?	Violations	Citation issued to whom?	Who is liable?	What image is taken?	Traditional enforcement penalties	Auto enforcement penalties/record
Alabama	no state law
Alaska	no state law
Arizona
	statewide	red light	not addressed	not addressed	not addressed	$250 fine/2 points	$165; no points
	statewide	speed	not addressed	not addressed	not addressed	$250 fine/2 points	$165; no points
Arkansas	use of photo radar by county or state government prohibited except at school zones and railroad crossings; officer must be present and citation must be issued at time of offense
California
	statewide	red light	registered owner	driver	tag and driver	$100 fine/1 point	same as for traditional citation
	statewide	rail crossing	registered owner	driver	tag and driver	$100 fine/1 point	same as for traditional citation
Colorado	Colorado law grants the authority to use automated enforcement to capture any traffic violation
	statewide	red light	registered owner	driver	tag and driver	$110 fine (including surcharge)/4 points	$75; no points or record
	restricted to construction and school zones, residential areas, or adjacent to a municipal park	speed	registered owner	driver	tag and driver	$39 fine (including surcharge)/4 points	$40 maximum fine ($80 in school zones); no points or record; warning only for first photo radar offense if speed within 10 mph of limit
Connecticut	no state law
Delaware
Delaware	statewide	red light	registered owner	owner	2 or more images of the vehicle	$75-$230 fine	$50 maximum fine; not a record or conviction offense; not to be used by insurers
District of Columbia	DC grants jurisdiction-wide authority to use automated enforcement to capture all moving infractions
	entire jurisdiction	red light	registered owner	owner	not addressed	$75 fine/2 points	$75 fine; no points
	entire jurisdiction	speed	registered owner	owner	not addressed	$75 fine/2 points	$75 fine; no points
Florida	no state law
Georgia
Georgia	statewide	red light	registered owner	owner	license tag, intersection, and light	$1,000 maximum fine/3 points	$70 maximum fine; not a conviction or record offense; no points; not a moving violation; not to be used by insurers
Hawaii	no state law
Idaho	no state law
Illinois	Illinois has several different automated enforcement laws described below
	Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will counties; requires local ordinance	red light	registered owner	owner	2 or more images of vehicle and tag	$500 maximum fine/20 points	$100; not a moving violation or record offense
	statewide only in construction zones or Illinois Toll Authority roads	speed	registered owner	driver	tag and driver	mandatory $250 fine/20 points	$250 fine or 25 hours community service
	any county or municipality may use automated enforcement in cooperation with the Illinois DOT and ICC; ordinance required; pilot program is also authorized	rail crossing	registered owner	driver (owner if driver not identified by owner)	vehicle, driver, and tag	$250 maximum fine/20 points	$250 fine or 25 hours community service
	local authorities are prohibited from using speed cameras; state may use speed cameras, but only when a law enforcement officer is present and witnesses the event	speed	not addressed	not addressed	not addressed	not addressed	not addressed
Indiana	no state law
Iowa	no state law
Kansas	no state law
Kentucky	no state law
Louisiana	state law provides that convictions resulting from camera enforcement shall not be reported for inclusion in driver record; law is silent on other issues
Maine	no state law
Maryland
	statewide	red light	registered owner	owner	2 or more images of rear of vehicle and tag in any medium	$500 maximum fine/2 points	$100 maximum civil penalty; no points or record; not a moving violation; may not be used by insurers
	school zones and residential districts in Montgomery county	speed	registered owner	owner	2 or more images of rear of vehicle and tag in any medium	maximum fine $500 in residential district, $1,000 in school zone; points depend on speed	$40 maximum fine; no points
Massachusetts	no state law
Michigan	no state law
Minnesota	no state law
Mississippi	no state law
Missouri	no state law
Montana	no state law
Nebraska	no state law
Nevada	prohibits use of imaging equipment unless it is hand held by an officer, installed in a vehicle or facility of a law enforcement agency; traditional enforcement penalties: $1,000 maximum fine and 4 points
New Hampshire	prohibited unless there is specific statutory authorization
New Jersey	photo radar is prohibited
New Jersey	local jurisdictions must pass an ordinance and apply to Transportation Commissioner to participate in a pilot program	red light	registered owner	registered owner and driver are jointly liable	two or more images of vehicle and tag	$85	penalty same as for traditional citation; no points
New Mexico	no state law specifically authorizing automated enforcement; state law requires counties and municipalities using camera enforcement to post a warning sign and a warning beacon
New York
New York	cities of at least 1 million people; up to 100 intersections in each city	red light	owner	owner	2 or more images of rear of vehicle and tag in any medium	$100 maximum fine/3 points	$50 fine; not a record or conviction offense; may not be used by insurers
North Carolina
North Carolina	where specified by statute (Albemarle, Charlotte, Chapel Hill, Cornelius, Durham, Fayetteville, Greensboro, Greenville, High Point, Huntersville, Lumberton, Matthews, Nags Head, Newton, Pineville, Rocky Mount, Spring Lake, and Wilmington)	red light	owner	owner	photo, video, electronic image	$100 maximum fine/3 points	$75 civil penalty; no points
North Dakota	no state law
Ohio	no state law
Oklahoma	no state law
Oregon
	cities statewide	red light	registered owner or driver, if identifiable	registered owner	photographs; digital images	$300 maximum fine	penalty same as for traditional citation
	Albany, Beaverton, Bend, Eugene, Medford, Portland, and Tigard (may not be used for more than four hours per day in any one location)	speed	registered owner or driver, if identifiable	registered owner	photographs; digital images	$300 maximum fine	penalty same as for traditional citation
Pennsylvania
Pennsylvania	Philadelphia	red light	registered owner	owner	photographs	$25 fine/3 points	$100 maximum; not on operating record
Rhode Island
	statewide	red light	registered owner	driver	2 or more images of vehicle and tag in any medium	$75 fine	$75 fine; not a criminal or record offense; not a moving violation; not to be used by insurers until there is a final adjudication of the violation
	statewide	school bus safety violations	registered owner	registered owner	2 or more images of vehicle and tag in any medium	$500 fine	$500 fine; not a criminal or record offense; not a moving violation; not to be used by insurers
South Carolina	no state law
South Dakota	no state law
Tennessee
Tennessee	statewide	traffic violation	registered owner	registered owner	not addressed	$50 fine/points	not reportable; no points may be assessed
Texas	a Texas municipality may not use an automated traffic control system to enforce speed
Texas	statewide; requires local ordinance	red light	registered owner	owner	2 or more photographic or digital images of tag	$200 maximum fine	$75; not a criminal or record offense
Utah
Utah	statewide only school zones or where limit is 30 mph or less; officer must be present; requires local ordinance	speed	not addressed	not addressed	photograph	$1,000 maximum fine/50 points	not reportable; no points may be assessed
Vermont	no state law
Virginia
Virginia	counties, cities, and towns may operate cameras at no more than 1 intersection for every 10,000 residents; requires local ordinance; the exception is the Washington, DC metropolitan area, it permits up to 10 camera sites or 1 site per 10,000 residents, whichever is greater	red light	registered owner	driver	2 photographs or other recorded images	$200 maximum fine/4 points	$50 maximum fine; no court costs; not a criminal offense; no points; may not be used by insurers
Washington