HB732 Alabama 2010 Session

Summary

Primary Sponsor

Greg Wren

Republican

Session

Regular Session 2010

Title

Montgomery, motor vehicles, automated photographic speeding enforcement, authorized, procedures, posting of informational signs, adoption of municipal ordinances, civil fines, record keeping, municipal court jurisdiction, appeals, Montgomery Speed Limit Safety Act

Summary

The Montgomery Speed Limit Safety Act lets the City of Montgomery use automated speed cameras to issue civil fines for speeding and sets up the process for notices, hearings, and appeals.

What This Bill Does

It authorizes Montgomery to adopt an ordinance implementing automated speeding enforcement as a civil violation with fines up to $100 plus court costs and a $10 annual fee to the Alabama Criminal Justice Information Center. Vehicle owners shown in registration records are presumptively liable, though there are steps to contest liability, including administrative hearings in the Montgomery Municipal Court and potential appeals to the Montgomery County Circuit Court for trial de novo. The act also creates a following process for collecting fines, allows the city to sue the actual operator if they were speeding, requires signs and public awareness, and prohibits tampering with enforcement devices; it avoids creating a criminal record for civil violations and limits certain penalties and notices.

Who It Affects

• Vehicle owners in the City of Montgomery (including renters, who are treated as owners for liability purposes in rental situations) who may receive civil speeding notices and must follow payment, contest, or appeal procedures.
• The City of Montgomery and its agencies (municipal court, traffic engineers, trained technicians, law enforcement, and contractors) who implement, administer, and enforce the automated speeding enforcement program, issue notices, collect fines, and conduct hearings.

Key Provisions

• Authorizes the City of Montgomery to use automated photographic speeding enforcement as a civil violation and to adopt a municipal ordinance to implement the program.
• Civil fine set at up to $100, plus municipal court costs; an additional $10 is directed to the Alabama Criminal Justice Information Center for record keeping; a late fee of up to $25 may be added.
• Notice of violation issued by mail with required contents (including images, violation details, and payment deadline); receipt is presumed on the 10th day after mailing.
• Owner liability is presumptive but contestable; notices must allow administrative adjudication with a hearing, and failure to pay or contest is an admission of liability.
• Hearing process in Montgomery Municipal Court, with possible appeal to the Montgomery County Circuit Court for trial de novo; city bears burden of proof by a preponderance of the evidence at adjudicative hearings.
• Evidence and admissibility standards for images and affidavits; certification from trained technicians may support claims; notices and records are admissible without extra authentication unless untrustworthy.
• Signage and public awareness requirements: posting at least 10 entry points if the ordinance is adopted, with warning signs near speed-detection devices and a 30-day public notice prior to operation; signs placed per specified dimensions.
• Tampering with automated speeding enforcement devices is prohibited, except by authorized persons; devices may be placed or moved with limited public notice and may include decoy devices.
• Civil penalties are not criminal offenses and do not appear on criminal or driving records; not considered moving violations and not used by insurers except in limited circumstances; the city may sue the actual operator for reimbursement and damages after a written demand.
• Optional procedures for late payments, election to contest, and consequences if the owner is found liable; if a vehicle is stolen or a plate is stolen, defenses and proof requirements are specified.
• The act requires annual data reporting on enforcement effectiveness to the Alabama Department of Transportation and the Alabama Criminal Justice Information Center; sections are severable and the act becomes effective immediately upon passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Montgomery County