SB238 Alabama 2025 Session

Summary

Primary Sponsor

Josh CarnleySenator

Republican

Session

2025 Regular Session

Title

Coffee County, Town of Kinston, speeding enforcement, automated photo enforcement as civil violations, civil penalties, appeal procedures

Summary

SB238 allows the Town of Kinston to use automated speed cameras to enforce speeding as civil violations, with penalties, hearings, and related procedures.

What This Bill Does

The Town may detect speeding with automated photographic systems, issue civil notices, and collect civil fines up to $100 plus court costs and a $10 surcharge (all payable within 30 days of the notice). Vehicle owners (as listed on registration) are presumptively liable, but there are administrative hearings and an appeal path to a trial de novo in Coffee County Circuit Court; the actual driver may be pursued separately to recover the penalty. Notices must include specific details and photos, and the system requires trained technicians, signage, a public notice period before use, and protections against tampering; data on effectiveness must be reported annually to state agencies; and nonpayment cannot lead to arrest or jail.

Who It Affects

• Vehicle owners (as listed on vehicle registration, including owners of rentals under applicable definitions) in the Town of Kinston, who would be presumptively liable for civil speeding penalties detected by automated enforcement and must respond to notices or contests.
• Drivers or operators who actually speed and may be pursued to recover the civil penalty from the person who operated the vehicle at the time of the violation, with rental car cases addressed through related procedures.

Key Provisions

• Authorizes the Town of Kinston to use automated photographic speed enforcement to detect speeding and issue civil violations, not criminal charges.
• Civil penalty set at up to $100, plus municipal court costs and a $10 surcharge; a late fee up to $25 may be added; no arrest or incarceration for nonpayment.
• Owner presumptively liable for the civil penalty; procedures exist to contest liability via administrative adjudication and, if needed, trial de novo in Coffee County Circuit Court; a separate civil action may be brought against the actual driver.
• Notices mailed by certified mail within 30 days of the violation, containing details, photos, amount, payment deadline, and information about contesting liability; the notice may also include a warning in lieu of an initial notice.
• Automatic speed enforcement devices must meet technical standards (two images, one clearly showing the license plate) and tampering with devices is prohibited; trained technicians must operate the system.
• Public notice requirements include a 30-day awareness campaign before use and posting signs at road entry points; warnings must be placed near speed detection devices.
• Administrative adjudication process with an appeal to the circuit court on trial de novo; the circuit court handles civil proceedings with preponderance of the evidence as the standard of proof.
• Data on the system’s effectiveness must be reported annually to the Alabama Department of Transportation and the Alabama Criminal Justice Information Center.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Coffee County