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SB147 INTRODUCED
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SB147
V7I81LL-1
By Senator Allen
RFD: Veterans, Military Affairs and Public Safety
First Read: 14-Jan-26
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V7I81LL-1 01/13/2026 CMH (L)bm 2025-3581
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First Read: 14-Jan-26
SYNOPSIS:
This bill would establish the Alabama
Construction Zone Safety Act to authorize the Alabama
Department of Transportation to install an automated
photographic speed enforcement system in construction
zones on the public highways of the state.
This bill would also require the Alabama State
Law Enforcement Agency to operate the automated
photographic speed enforcement system and issue civil
traffic citations to the owners of motor vehicles
recorded traveling 10 or more miles per hour over the
posted speed limit in a construction zone.
A BILL
TO BE ENTITLED
AN ACT
Relating to public safety; to establish the Alabama
Construction Zone Safety Act; to authorize the Alabama
Department of Transportation to install an automated
photographic speed enforcement system in a construction zone
on the public highways of the state; to authorize the Alabama
State Law Enforcement Agency to operate the automated
photographic speed enforcement system; to authorize the
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photographic speed enforcement system; to authorize the
issuance of civil traffic citations for violations; to
establish a process for contesting and appealing a citation;
and to establish affirmative defenses to a violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Construction Zone Safety Act.
Section 2. As used in this act, the following terms
have the following meanings:
(1) AUTOMATED PHOTOGRAPHIC SPEED ENFORCEMENT SYSTEM. A
camera system that is designed to record a digital image of
motor vehicles engaged in speeding violations.
(2) CIVIL TRAFFIC CITATION. A non-criminal citation
created pursuant to this act, the penalty for which is a civil
fine, and the enforceability of which is accomplished through
civil action.
(3) OWNER. The owner of a motor vehicle as shown on the
motor vehicle registration records of the Alabama Department
of Revenue or the analogous department or agency of another
state or country, except as follows:
a. The term does not include a motor vehicle rental or
leasing company when a motor vehicle registered by the company
is rented or leased to another person under a rental or lease
agreement with the company, in which event "owner" means the
person to whom the vehicle is rented or leased.
b. The term does not include a motor vehicle displaying
a dealer license plate, in which event "owner" means the
person to whom the vehicle is assigned for use.
c. The term does not include the owner of any stolen
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c. The term does not include the owner of any stolen
motor vehicle, in which event "owner" means the person who is
guilty of stealing the motor vehicle.
(4) SPEEDING VIOLATION. Any violation of a motor
vehicle at a speed that exceeds 10 miles per hour over the
posted speed limit.
Section 3. (a) The Department of Transportation may
install automated photographic speed enforcement systems to
monitor motor vehicle activity in construction zones on the
public highways of the state.
(b) The automated photographic speed enforcement system
shall be a camera system that is designed and installed to
work in conjunction with an electrically operated speed
detection device synchronized to automatically record digital
imaging of motor vehicles. The device shall be capable of
producing at least two recorded images, at least one of which
is capable of clearly depicting the license plate of a motor
vehicle that is speeding.
(c) The department may place automated photographic
speed enforcement systems at construction zones without public
notice of the specific location, may change locations without
public notice, and may install and move as needed decoy
devices designed to resemble photographic speeding enforcement
systems.
Section 4. (a) The Alabama State Law Enforcement Agency
shall operate automated photographic speed enforcement systems
that are installed pursuant to Section 3 to detect and record
speeding violations on the public highways of the state when
all of the following are satisfied:
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all of the following are satisfied:
(1) The moving vehicle is in a construction zone
designated by the Department of Transportation or a political
subdivision of the state.
(2) Construction or maintenance workers are present at
the construction zone.
(3) Work zone traffic control devices, traffic
controls, or warning signs are present to notify motorists of
construction or maintenance workers in the area.
(b) The Alabama State Law Enforcement Agency shall
issue a civil traffic citation to the registered owner of a
motor vehicle that is recorded operating at a speed that
exceeds 10 miles per hour over the posted speed limit in the
construction zone under the conditions described in subsection
(a).
(c) When a violation is recorded under Section 4, the
Alabama State Law Enforcement Agency shall send to the owner
of the motor vehicle, via first class United States mail, a
notice of the civil traffic citation which was recorded by the
automated photographic speed enforcement system while
committing a speeding violation. The notice shall be sent not
later than 30 days after the date the speeding violation is
recorded, as follows:
(1) If the vehicle is registered in this state, to the
registered owner's address as shown on the registration
records of the Department of Revenue.
(2) If the vehicle is registered in another state or
country, to the registered owner's address as shown on the
motor vehicle registration records of the other state or
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motor vehicle registration records of the other state or
country.
(d) The notice shall contain all of the following:
(1) A description of the violation alleged, including
the speed at which the motor vehicle is alleged to have been
operated, and the maximum speed applicable at the location.
(2) The date, time, and location of the speeding
violation.
(3) A copy of recorded images of the vehicle involved
in the speeding violation.
(4) The amount of the civil penalty to be imposed for
the speeding violation.
(5) The date by which the civil penalty must be paid.
For purposes of this subdivision, the Alabama State Law
Enforcement Agency shall require the civil penalty to be paid
by a date certain, not less than 60 days following issuance of
the notice of violation.
(6) A statement that the person named in the notice of
violation may pay the civil penalty in lieu of appearing at an
administrative adjudication hearing.
(7) A statement that the person has the right to
contest the imposition of the civil penalty in an
administrative adjudication and information about the manner
and time in which the person may contest the imposition of the
civil penalty.
(8) A statement that failure to pay the civil penalty
or to contest liability is an admission of liability.
(9) A statement that a recorded image is evidence in a
proceeding for the imposition of a civil penalty.
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proceeding for the imposition of a civil penalty.
(10) A statement that failure to pay the civil penalty
within the time allowed may result in the imposition of a late
penalty not exceeding twenty-five dollars ($25) for each month
after the issuance of the order imposing the civil penalty.
(11) Any other information necessary for issuing the
public notice.
(e) In lieu of issuing a notice of violation, the
Alabama State Law Enforcement Agency may mail a warning notice
to the registered owner. The Alabama State Law Enforcement
Agency shall exercise discretion in which recorded speeding
violations are prosecuted based upon the quality and
legibility of the recorded image.
Section 5. (a) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of
liability in the full amount of the civil fine assessed in the
notice of violation.
(b) Prior to the imposition of a late penalty for
failure to pay or failure to contest liability, the Alabama
State Law Enforcement Agency shall send a second notice to the
registered owner of the vehicle. The second notice shall be
sent by certified mail and shall include the information
required under Section 4(d).
Section 6. (a) A speeding violation under this act
shall be prosecuted by the local district attorney in the same
manner as non-felony traffic infractions are prosecuted,
except the burden of proof for the prosecution of the speeding
violation shall be the preponderance of the evidence standard.
(b)(1) Speeding violations under this act shall be
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(b)(1) Speeding violations under this act shall be
punished by a civil fine of two hundred dollars ($200), which
shall be collected as other civil judgments are collected.
Court costs may not be assessed except as provided in
subsection (c).
(2) In no event shall a speeding violation be
punishable by a criminal fine or imprisonment.
(3) The Secretary of the Alabama State Law Enforcement
Agency shall not assess any points against a driver license or
suspend or revoke a driver license for a speeding violation.
(c) A person who is found liable for the speeding
violation after an adjudicative hearing or who requests an
adjudicative hearing and thereafter fails to appear at the
time and place of the hearing is liable for court costs and
fees set in addition to the amount of the civil penalty
assessed for the speeding violation. A person who is found
liable for a speeding violation after an adjudicative hearing
shall pay the civil penalty and costs within 60 days of the
hearing.
(d) Whenever a person is ordered to pay a civil penalty
under this act, the amount of the civil penalty as set by this
act may not be increased, decreased, or remitted by the court,
and the liability may be satisfied only by payment in full.
(e) An order issued under this section shall have the
same weight and effect as any other civil judgment.
Section 7. (a) For purposes of this act, a person shall
be deemed a "trained technician" if he or she is a law
enforcement officer who has received instruction and training
in the proper use of the automated photographic speed
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in the proper use of the automated photographic speed
enforcement system by the manufacturer, the vendor installing
the system, or the county or municipal engineer.
(b) The reliability of the photographic speed
enforcement system used to produce the recorded image of the
speeding violation may be attested to by affidavit of a
trained technician.
(c) An affidavit of a trained technician that alleges a
violation based on an inspection of the pertinent recorded
image is admissible in a proceeding under this act and is
evidence of the facts contained in the affidavit.
(d) The notice of violation, the recorded and
reproduced images of the speeding violation, regardless of the
media on which they are recorded, accompanied by a
certification of authenticity of a trained technician, and
evidence of ownership of a vehicle as shown by copies or
summaries of official records, shall be admissible into
evidence without foundation unless the court finds there is an
indication of untrustworthiness, in which case the prosecution
shall be given a reasonable opportunity to lay an evidentiary
foundation.
(e) All other matters of evidence and procedure not
specifically addressed in this act shall be subject to the
rules of evidence and the rules of procedure as they apply in
the prosecution of traffic infractions.
Section 8. Each of the following shall be an
affirmative defense to the imposition of liability under this
act:
(1) The operator of the motor vehicle was acting in
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(1) The operator of the motor vehicle was acting in
compliance with the lawful order or direction of a police
officer.
(2) The motor vehicle was being operated as an
authorized emergency vehicle.
(3) The motor vehicle was stolen or being operated by a
person other than the owner of the vehicle without the
effective consent of the owner.
(4) The license plate depicted in the recorded image of
the speeding violation was a stolen license plate and being
displayed on a motor vehicle other than the motor vehicle for
which the license plate had been issued.
(5) The presence of ice, snow, unusual amounts of rain,
or other unusually hazardous road conditions existed that
would make compliance with this act more dangerous under the
circumstances than noncompliance.
(6) The person who received the notice of civil traffic
citation was not the owner of the motor vehicle at the time of
the speeding violation.
Section 9. (a) A person who is found liable after an
adjudicative hearing may appeal that finding of civil
liability to the circuit court by filing a notice of appeal
with the clerk of the court.
(b) The notice of appeal must be filed not later than
15 days after the date on which the court entered the finding
of civil liability.
(c) The filing of a notice of appeal shall stay the
enforcement of the civil penalty. An appeal shall be
determined by the circuit court by trial de novo.
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determined by the circuit court by trial de novo.
(d) The circuit court hearing an appeal shall use the
procedures that apply to criminal convictions, subject to the
following qualifications:
(1) The proceedings shall retain their civil nature on
appeal with the circuit court applying the preponderance of
the evidence standard.
(2) If the person is adjudicated by the circuit court
to be responsible for payment of the civil penalty, circuit
court costs shall be owed by the person adjudicated
responsible, with 100 percent of those court costs retained by
the circuit court. Court costs in the circuit court shall be
calculated as are court costs for criminal appeals, and in the
event the circuit court finds the person appealing to not be
responsible, no court costs shall be owed.
(3) The circuit court may assign case numbers as for
criminal appeals and place the appeals on criminal dockets in
the same manner as criminal appeals from municipal court.
(4) The circuit court shall sit as trier of both fact
and law in the civil proceedings in the circuit court.
(5) A defendant shall be entitled to representation by
an attorney in the same manner as in a criminal proceeding.
Section 10. (a) In the event the evidence produced by
an automated photographic speed enforcement system does not
produce an image of the license plate with sufficient clarity
for a trained technician to determine the identity of the
owner, and if the identity cannot otherwise be reliably
established, then no notice of speeding violation may be
issued pursuant to this act.
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issued pursuant to this act.
(b) If a notice of violation is issued, the issue of
whether an image of a license plate is sufficiently clear to
identify the vehicle is admissible as to the weight of the
evidence.
Section 11. The Department of Transportation shall
place traffic control devices in conformity to the most recent
edition of the Traffic Engineering Handbook. There is a
presumption that the department's actions are in compliance
with this section unless the contrary is shown by a
preponderance of the evidence.
Section 12. No civil penalty may be imposed and no
adjudication of liability for a civil violation may be made
under this act if the operator of the vehicle was arrested or
was issued a citation and notice to appear by a law
enforcement officer for a criminal violation of any other
portion of Title 32, Code of Alabama 1975, or any other
municipal ordinance that embraces and incorporates the
statutes contained in that title, and which occurred
simultaneously with and under the same set of circumstances
recorded by the automated photographic speed enforcement
system.
Section 13. All civil penalties collected under this
act shall be distributed as follows:
(1) Fifty percent to the Public Safety Fund of the
Alabama State Law Enforcement Agency and shall be used
exclusively for law enforcement purposes.
(2) Fifty Percent to the Public Road and Bridge Fund of
the Department of Transportation and shall be used exclusively
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the Department of Transportation and shall be used exclusively
in the construction, repair, maintenance, and operation of
public roads and bridges in this state, including public roads
in state parks and any toll road or toll bridge constructed by
the Department of Transportation or maintained and operated by
it or under its supervision.
Section 14. This act shall become effective on October
1, 2026.
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