SB356 Alabama 2011 Session
Summary
- Primary Sponsor
Dick BrewbakerRepublican- Session
- Regular Session 2011
- 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, notice of violations, Montgomery Speed Limit Safety Act, Act 2009-740, 2009 Reg. Sess. am'd.
- Summary
Montgomery can use automated photographic speeding enforcement as a civil violation, making vehicle owners liable for fines and allowing appeals and civil actions to recover the amount from the actual operator.
What This Bill DoesIf enacted, Montgomery could operate automated speeding cameras to issue civil speeding violations. Owners would be presumptively liable for a civil fine up to $100 plus court costs, with procedures to contest liability. The city could also pursue a civil action against the person who actually operated the vehicle to recover the fine paid. The process uses mail notices, hearings, and circuit court appeals, and strictly separates this civil process from criminal penalties, with safeguards on evidence, records, and tamper prevention.
Who It Affects- Vehicle owners of speeding vehicles in Montgomery who may receive notices, pay civil fines, or contest liability; fines are civil and do not appear on criminal or driving records.
- The actual driver who operated the speeding vehicle at the time, who could be sued by the person who paid the civil fine to recover the amount and any damages.
Key ProvisionsAI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.- Authorizes Montgomery to use automated photographic speeding enforcement as civil violations, with owner presumed liable and fines capped at $100 plus municipal court costs and a $10 record-keeping fee to be paid to the Alabama Criminal Justice Information Center.
- Enforcement locations are limited to school zones, road/ construction zones, and residential neighborhoods; devices require a 30-day public awareness campaign before use and may include decoy devices.
- Notice of violation is mailed within 30 days of recording, must include details and images, and may offer an option to pay in lieu of a hearing; a trained technician can certify the evidence.
- A Montgomery Municipal Court adjudicates civil violations; requests for adjudicative hearings must be made promptly; a preponderance of the evidence standard applies; appeals to the Montgomery County Circuit Court for trial de novo.
- If found liable, the violant owes the civil fine and costs; failure to pay or contest timely results in liability; civil fines not used as criminal conviction or a moving violation; not reported on criminal or driving records.
- A civil action can be brought by the person who paid the civil fine against the actual operator; the suit must be filed within two years after payment, and the payer must first request reimbursement with a 60-day window.
- The act amends Sections 5 and 6 of the Montgomery Red Light Safety Act (Act 2009-740) to align notice and hearing procedures for speeding violations with automated enforcement.
- Subjects
- Montgomery County
Bill Actions
Forwarded to Governor on May 26, 2011 at 11:30 p.m. on May 26, 2011
Assigned Act No. 2011-337.
Enrolled
Signature Requested
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 896
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Montgomery County Legislation
Motion to Read a Third Time and Pass adopted Roll Call 472
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Local Legislation No. 1
Bill Text
Votes
Motion to Read a Third Time and Pass
Documents
Source: Alabama Legislature