HB609 Alabama 2015 Session

Summary

Primary Sponsor

Merika ColemanSenator

Democrat

Session

Regular Session 2015

Title

Class 6 municipalities, motor vehicles, automated photographic speeding enforcement, authorized, procedures, adoption of municipal ordinances, civil fines, municipal court jurisdiction, appeals

Summary

HB609 would let Class 6 municipalities use automated speeding cameras and treat speeding violations as civil fines with specific rules for notices, hearings, and penalties.

What This Bill Does

The bill authorizes the city council of a Class 6 municipality to adopt ordinances for automated speeding enforcement. Violations would be civil, not criminal, with fines up to $100 plus municipal costs, and a $10 fee to the Alabama Criminal Justice Information Center. Owners are presumptively liable, but there are procedures to contest liability, including administrative adjudication in the municipal court and possible trial de novo in the circuit court on appeal; it also creates a separate action against the person who actually operated the vehicle. It requires tamper-proof devices, posting of notices and signs, public notice before use, and collection/reporting of data on effectiveness, while keeping civil violations off criminal records and limiting insurance or moving-violation consequences.

Who It Affects

• Class 6 municipalities and their residents: gain authority to implement automated speeding enforcement, issue civil notices, and collect civil fines and court costs within municipal limits.
• Vehicle owners and drivers in Class 6 municipalities: face presumptive civil liability for speeding violations captured by automated systems, receive notices, may contest liability, and may be subject to civil fines, costs, and potential appeals; the operator of the speeding vehicle may be liable to reimburse the fined party, under certain conditions.

Key Provisions

• Class 6 municipalities may adopt ordinances authorizing automated speeding enforcement and may issue civil notices of violation within municipal limits, with fines up to $100 plus municipal court costs.
• Violations are civil (not criminal); the owner is presumptively liable, with procedures to contest liability and to pay or adjudicate fines through municipal court.
• Notice and hearing procedures: notices by certified mail to the vehicle owner, with the right to request an adjudicative hearing; appeals go to the circuit court for trial de novo; failure to pay or contest liability can result in liability being admitted unless a timely contest is made.
• Evidence and admissibility: trained technicians may attest to the reliability of the automated system; recorded images and affidavits may be admitted with proper foundation; the standard of proof at adjudication is preponderance of the evidence.
• Public notice and signage: municipalities must post signs at roadway entry points and conduct a public awareness campaign at least 30 days before use; signs must warn of automated speeding enforcement.
• Tampering prohibition: tampering with automated speeding enforcement devices is prohibited except by authorized persons.
• Costs and distribution: court costs and an additional $10 fee are designated and distributed in the same manner as other municipal court costs; the $10 funds the CJIC for recordkeeping.
• Data and transparency: municipalities must keep and annually report data on the system’s effectiveness to ADOT and the Alabama Criminal Justice Information Center.
• Liability and recovery: a person who pays the civil fine may sue the actual operator for reimbursement plus damages and attorney fees, with conditions and a two-year limit; a precondition is written demand for reimbursement with a 60-day remedy window.
• Records and privacy: adjudications under this act are not criminal convictions and do not appear on criminal or driving records; civil violations are not considered moving violations and do not automatically affect insurance unless an accident occurred.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Class 6 Municipalities