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SB341 ENROLLED
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SB341
CXNSLQQ-2
By Senator Carnley
RFD: Transportation and Energy
First Read: 05-Mar-26
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First Read: 05-Mar-26
Enrolled, An Act,
Relating to public safety; to establish the Alabama
Work Zone Safety Act as a pilot program to authorize the
procurement, installation, and operation of a photographic
speed enforcement system in a segment of interstate highway
declared to be a work zone; to require reports to the
Legislature studying the effectiveness of the pilot program;
to establish a process for the issuance of civil traffic
citations for violations and the enforcement and appeal of
such citations; to establish affirmative defenses to a
violation; to repeal these provisions on September 30, 2028;
and to create the ALEA Work Zone Safety Fund and the
Transportation Work Zone Safety Fund and provide for certain
civil penalties to be deposited into the fund.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 1 through 19 of this act shall be
known and may be cited as the Alabama Work Zone Safety Act.
Section 2. The Legislature finds and declares the
following:
(1) Highway construction and maintenance creates a high
risk environment for highway workers who must work alongside
motor vehicles traveling at high rates of speed.
(2) Numerous highway workers have been struck and
killed in work zones due to motor vehicles traveling at high
rates of speed through the work zones.
(3) Speed enforcement management within a work zone is
one of the most effective measures to improve safety in the
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one of the most effective measures to improve safety in the
work zone.
(4) Speed enforcement is highly labor intensive and can
even be hazardous to law enforcement officers given the
physical constraints of many work zones.
(5) Photographic speed enforcement systems allow law
enforcement to successfully manage speed enforcement in a work
zone in a safe and cost-effective manner.
(6) The adoption and implementation of a photographic
speed enforcement system for work zones is necessary to reduce
severe crashes, reduce speeding, and improve safe traffic flow
in work zones in a state where the patrol resources alone are
not capable of consistent enforcement of traffic laws at a
level necessary to protect human life.
(7) The severe lack of safety of highway workers in
work zones is an emergency that necessitates the immediate
adoption of a photographic speed enforcement system consistent
with the terms of this act.
Section 3. (a) The Alabama Work Zone Safety Act is
enacted as a pilot program and shall continue through the
completion of all work done in the work zone designated by the
Department of Transportation, unless continued by act of the
Legislature.
(b) The Department of Transportation and the Alabama
State Law Enforcement Agency (ALEA) shall collaborate to
implement the pilot program for one work zone conducted on the
interstate and shall finalize a plan for the implementation of
the pilot program by October 1, 2026. The plan shall
contemplate a gradual rollout of the program and the promotion
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contemplate a gradual rollout of the program and the promotion
of driver awareness of the pending use of the program in work
zones. The plan shall ensure that the full scale
implementation and enforcement of the program shall not occur
sooner than November 16, 2026, to ensure that the
implementation of the program is phased in. To satisfy this
deadline, the department and ALEA may make necessary emergency
procurements pursuant to Sections 39-2-2 and 41-16-53, Code of
Alabama 1975, and may adopt emergency rules pursuant to
Section 41-22-5, Code of Alabama 1975, to govern the use of
devices in work zones; ensure adequate notice for drivers, and
signage rules, clear protocol for installation and placement
of enforcement tools; provide for the use of speed detection
to aid traffic law enforcement; and maintain statistical data
to measure the effectiveness of tools on driver behavior.
(c) Not later than March 1, 2027, the Department of
Transportation and the Alabama State Law Enforcement Agency
shall prepare an interim report to the Legislature summarizing
the implementation of this pilot program and shall provide
data measuring the effectiveness of the pilot program on
creating safer work zones.
Section 4. As used in Sections 1 through 19 of this
act, the following terms have the following meanings:
(1) ALEA. The Alabama State Law Enforcement Agency.
(2) AUTHORITY. The Alabama Toll Road, Bridge, and
Tunnel Authority.
(3) AUTOMATED PHOTOGRAPHIC SPEED ENFORCEMENT SYSTEM. A
photographic speed enforcement system that is capable of
automatically recording digital images and speed of motor
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automatically recording digital images and speed of motor
vehicles.
(4) 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.
(5) DEPARTMENT. The Alabama Department of
Transportation.
(6) 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 any motor vehicle
displaying a plate that indicates the motor vehicle is being
operated by an individual other than the owner of the motor
vehicle, including a dealer license plate, fleet plate, U.S.
military plate, utility plate, government plate, federal
plate, or commercial motor vehicle plate, in which event
"owner" means the person to whom the vehicle is assigned for
use.
(7) SPEEDING VIOLATION. Any violation of a motor
vehicle at a speed that exceeds 10 miles per hour over the
posted speed limit.
(8) WORK ZONE. A segment of a state, U.S., or
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(8) WORK ZONE. A segment of a state, U.S., or
interstate highway designated by the department or the
authority where construction, maintenance, inspection,
surveying, or utility work is actively occurring and where
workers are present, and where official work zone signage is
posted.
Section 5. (a) The department and authority may install
automated photographic speed enforcement systems to monitor
motor vehicle activity in a work zone.
(b) The automated photographic speed enforcement system
shall be: (i) a photographic, radar, lidar, laser, or other
device; (ii) designed to automatically detect the speed of
moving motor vehicles; (iii) designed to automatically record
digital imaging of a motor vehicle and an image of the rear
license plate of a motor vehicle engaged in a speeding
violation; and (iv) designed to automatically record the speed
of a motor vehicle engaged in a speeding violation.
(c) The department, authority, or a third party
approved by the department or authority may place automated
photographic speed enforcement systems at work zones as
necessary to assure the safety of the work zone. The
department may adopt rules, including emergency rules, to
implement this section and to provide for the approval of
third parties under this section.
Section 6. (a) ALEA may use a manually operated
photographic speed enforcement system to monitor motor vehicle
activity in a work zone as necessary to assure the safety of
the work zone. The system shall be operated by a law
enforcement officer in a manner that combines a manually
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enforcement officer in a manner that combines a manually
operated camera system that works in conjunction with an
electronically operated speed detection system to record
digital imaging of a motor vehicle that is speeding.
(b) The Secretary of ALEA may adopt rules, including
emergency rules, to implement this section and to establish
uniform procedures for law enforcement officers operating
under this act.
Section 7. A photographic speed enforcement system
authorized under this act may be used to detect and record
motor vehicle speeding violations in an active work zone. For
purposes of this act, "active work zone" means a work zone
that satisfies all of the following conditions:
(1) The area is designated by the department or
authority as a work zone.
(2) Employees or contractors of the department or
authority or construction, maintenance, inspection, surveying,
utility, or other workers are present.
(3) Work zone traffic control devices, traffic
controls, or warning signs are present to notify motorists and
pedestrians of construction, maintenance, inspection,
surveying, utility, or other workers in the area.
(4) Not less than two warning signs are placed at least
500 feet in advance of the entrance warning motorists that a
photographic speed enforcement system is being operated in the
area and that a violation will result in a fine.
Section 8. (a) When a motor vehicle is recorded
operating in an active work zone at a speed that exceeds 10
miles per hour over the posted speed limit, ALEA may issue a
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miles per hour over the posted speed limit, ALEA may issue a
civil traffic citation to the registered owner of the motor
vehicle.
(b) When a speeding violation is recorded, ALEA shall
send to the owner of the motor vehicle, via 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
country.
(c) 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
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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.
(10) Any other information necessary for issuing the
notice.
(11) A statement that if the registered owner is a
rental car company, the company has the right to provide
information to ALEA on which individual was renting the
vehicle at the time of violation. The statement shall include
information about how to provide the information of the
individual.
(d) In lieu of issuing a notice of violation, ALEA may
mail a warning notice to the registered owner. ALEA shall
exercise discretion in issuing the warning notice.
(e) In the event the evidence produced by a
photographic speed enforcement system does not produce an
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photographic speed enforcement system does not produce an
image of the license plate with sufficient clarity for a speed
enforcement system operator 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.
Section 9. 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.
Section 10. (a) The Secretary of ALEA shall adopt rules
providing for a hearing procedure and the administrative
resolution of speeding violations under this act. The rules
shall provide for the hearing to be conducted by a driver
license hearing officer or other hearing officer appointed by
the secretary. The hearing may be informal. The hearing shall
not be a contested case under the Alabama Administrative
Procedure Act. Following the hearing, the hearing officer
shall issue a final order.
(b)(1) Speeding violations under this act shall be
punished by a civil fine of two hundred fifty dollars ($250),
which shall be collected as other civil judgments are
collected. Court costs shall 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 ALEA shall not assess any points
against a driver license or suspend or revoke a driver license
for a speeding violation.
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for a speeding violation.
(c) A person who is found liable for a 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 withing 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 11. (a) Any agency using a photographic speed
enforcement system shall ensure the system is calibrated on an
annual basis by an independent calibration laboratory.
(b) The independent calibration laboratory performing
the calibration shall issue a certificate of calibration for
the automated photographic speed enforcement system as proof
of both of the following:
(1) The annual calibration check was performed.
(2) The automated photographic speed enforcement system
is accurately calibrated.
Section 12. (a) For purposes of this act, a "speed
enforcement system operator" means any of the following
individuals who are trained and certified to operate a
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individuals who are trained and certified to operate a
photographic speed enforcement system:
(1) An employee of ALEA or a county or municipal law
enforcement agency.
(2) An employee of the department or authority.
(3) A third party approved by the department or
authority to operate or install a photographic speed
enforcement system.
(b) An individual may be trained and certified to
operate a photographic speed enforcement system as described
in subsection (a) by completing training by the manufacturer
or vendor of the system in the following:
(1) Certification of automated speed enforcement
systems and accuracy testing.
(2) Image quality requirements.
(3) Chain of custody procedures.
(4) Technician training and discretion for determining
which violations to process.
(5) Vendor performance and auditing requirements.
(6) Requirements for issuance, service, and processing
of notices of violation.
(7) Any other requirement adopted by rule of the
department.
(c) The manufacturer or vendor of a photographic speed
enforcement system shall issue a certificate of training to an
individual who successfully completes the training required
under subsection (b).
Section 13. (a) The reliability of a photographic speed
enforcement system used to produce the recorded image of the
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enforcement system used to produce the recorded image of the
speeding violation may be attested to by affidavit of a speed
enforcement system operator.
(b) An affidavit of a speed enforcement system operator
that alleges a violation based on an inspection of the
pertinent recorded image shall be admissible in a proceeding
under this act as evidence of the facts contained in the
affidavit.
(c) 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 speed enforcement system
operator; 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.
(d) 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 14. (a) The owner of a motor vehicle may raise
any of the following as an affirmative defense to the
imposition of liability under this act:
(1) The operator of the motor vehicle was acting in
compliance with the lawful order or direction of a law
enforcement officer.
(2) The motor vehicle was being operated as an
authorized emergency vehicle.
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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 person who received the notice of civil traffic
citation was not the owner of the motor vehicle at the time of
the speeding violation.
(6) The person who received the notice of civil traffic
citation was not the operator of the motor vehicle at the time
of the speeding violation.
(7) The operator of the vehicle was arrested or was
issued a citation and notice to appear by a law enforcement
officer for a traffic or 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 the conduct resulting in
the citation occurred simultaneously with and under the same
set of circumstances recorded by the automated photographic
speed enforcement system.
(b) The burden of raising and establishing the
affirmative defense shall be on the owner of the vehicle.
Section 15. A final order issued under Section 10 may
be reviewed by the circuit court by the filing of a notice of
appeal pursuant to Section 41-22-20, Code of Alabama 1975,
within 30 days after the final order is issued. The filing of
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within 30 days after the final order is issued. The filing of
the notice of appeal shall stay enforcement of the civil
penalty.
Section 16. The department or authority, or its
contractor, shall place traffic control devices in conformity
with a nationally recognized traffic engineering handbook,
including, but not limited to, the Manual of Uniform Traffic
Control Devices and the traffic control plans of the
department. 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 17. The department or authority may perform the
duties assigned to the department or authority under this act
either directly or through a contracted manufacturer or vendor
selected pursuant to state the procurement process and
operating in coordination with the department or authority.
Any procurements made under this act shall not be considered
to be a contract for professional services. The department or
authority shall follow the department or authority's
procurement procedures. The department or authority shall have
sole discretion on selecting a vendor or vendors.
Section 18. ALEA may procure the equipment and
technology necessary to operate a photographic speed
enforcement system pursuant to the state procurement law. The
procurement shall not be considered a contract for
professional services. The system may be operated using
manual, handheld, or unmanned devices capable of being mounted
to a vehicle. ALEA shall have sole discretion on selecting a
vendor or vendors.
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vendor or vendors.
Section 19. All civil penalties collected under this
act shall be distributed as follows:
(1) Fifty percent to ALEA, to be used solely for costs
relating to the implementation of this act, with the remaining
proceeds deposited into the ALEA Work Zone Safety Fund.
(2) Fifty percent to the department, to be used solely
for costs relating to the implementation of this act, with the
remaining proceeds deposited into the Transportation Work Zone
Safety Fund.
Section 20. The ALEA Work Zone Safety Fund is created
in the State Treasury to be administered by ALEA. Funds shall
be budgeted and allotted pursuant to Chapter 19 of Title 41,
Code of Alabama 1975.
Section 21. The Transportation Work Zone Safety Fund is
created in the State Treasury to be administered by the
department. Funds shall be budgeted and allotted pursuant to
Chapter 19 of Title 41, Code of Alabama 1975.
Section 22. Sections 1 through 19 of this act are
repealed September 30, 2028.
Section 23. This act shall become effective
immediately.
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immediately.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB341
Senate 17-Mar-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Senate 09-Apr-26
I hereby certify that the within Act originated in and passed
the Senate, as amended by Conference Committee Report.
Patrick Harris,
Secretary.
House of Representatives
Passed: 07-Apr-26, as amended.
House of Representatives
Passed: 09-Apr-26, as amended by Conference Committee Report.
By: Senator Carnley
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