Changes Automated Vehicle Identification System Usage

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0899.01 Renee Leone x2695 SENATE BILL 26-152
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING CHANGES TO THE US AGE OF AUTOMATED VEHICLE101
IDENTIFICATION SYSTEMS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes changes to the use of automated vehicle
identification systems (AVIS), including:
! Modifying the public notice requirements that the state, a
county, a city and county, a municipality, or an agency
responsible for placing a new AVIS must provide before
utilizing the new AVIS;
SENATE SPONSORSHIP
Ball and Pelton B.,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
! Creating a procedure by which a registered owner of a
motor vehicle may prove that they were not the driver of
the motor vehicle at the time when a violation was detected
by an AVIS and, thereby, under certain circumstances,
relieving the registered owner from having to pay the civil
penalty associated with the notice of violation;
! Requiring that, if a variable speed limit is in effect or a
speed limit is otherwise temporarily lowered due to
hazardous weather or other traffic conditions, the state, a
county, a city and county, or a municipality may only issue
a notice of violation and civil penalty for a speeding
violation that exceeds the regular maximum posted speed
limit for that location;
! Changing the penalty structure for different levels of
speeding violations detected by an AVIS;
! Establishing that the compensation the state, a county, a
city and county, or a municipality pays to a manufacturer or
vendor of an AVIS must, in addition to other conditions, be
a flat monthly rate; and
! Beginning January 1, 2035, increasing the civil penalties
associated with notices of violations issued for violations
captured by an AVIS.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2
(2) introductory portion, (2)(e), (2)(g)(I.7), (2)(g)(IV), (2)(h), (4), (4.5)(a),3
(4.6)(b), and (5); repeal (1.5); and add (2)(i) as follows:4
42-4-110.5. Automated vehicle identification systems - school5
buses - exceptions to liability - penalty - contracting - limits on use of6
photographs and video - rules - legislative declaration - definitions -7
repeal.8
(1.5) Nothing in this section applies to a violation detected by an9
automated vehicle identification system for driving twenty-five miles per10
hour or more in excess of the reasonable and prudent speed or twenty-five11
miles per hour or more in excess of the maximum speed limit of12
seventy-five miles per hour detected by the use of an automated vehicle13
SB26-152-2-
identification system.1
(2) A county, city and county, or municipality may adopt an2
ordinance authorizing the use of an automated vehicle identification3
system to detect violations of traffic regulations adopted by the county,4
city and county, or municipality, or the state, a county, a city and county,5
or a municipality may utilize an automated vehicle identification system6
to detect traffic violations under state law, subject to the following7
conditions and limitations and, as applicable, the requirements for state8
highways set fo rth in and any rules adopted by the department of9
transportation pursuant to subsection (2.5) of this section, AS APPLICABLE,10
AND THE FOLLOWING CONDITIONS AND LIMITATIONS:11
(e) (I) If the state, A county, A city and county, or A municipality12
implements a new automated vehicle identification system after July 1,13
2023, that is not a replacement of an EXISTING automated vehicle14
identification system:15
(A) The agency responsible for the automated vehicle16
identification system shall publicly announce the implementation of the17
system through its website AND SOCIAL MEDIA ACCOUNTS, IF ANY, for at18
least thirty days prior to the use of the system; and19
(B) For the first thirty days after the system is installed or20
deployed, only warnings may be issued for violations of a county or21
municipal traffic regulation or traffic violation under state law detected22
by the system. S UCH WARNINGS MUST BE ISSUED AND DELIVERED IN23
WRITING.24
(II) A THE state, A county, A city and county, or A municipality25
may SHALL conduct an extended public information campaign or warning26
period for systems EACH NEW SYSTEM installed or deployed. either before27
SB26-152-3-
or after July 1, 2023 AS PART OF SUCH CAMPAIGN OR WARNING PERIOD ,1
THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL POST A2
SIGN ANNOUNCING THE UPCOMING USE OF AN AUTOMATED VEHICLE3
IDENTIFICATION SYSTEM AT EACH LOCATION WHERE AN AUTOMATED4
VEHICLE IDENTIFICATION SYSTEM WILL BE INSTALLED AT LEAST THIRTY5
DAYS BEFORE THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS6
UTILIZED. THE SIGN MUST USE LETTERING THAT IS AT LEAST FOUR INCHES7
HIGH FOR UPPERCASE LETTERS AND TWO AND NINE-TENTHS INCHES HIGH8
FOR LOWERCASE LETTERS.9
(g) (I.7) Before the state, a county, A city and county, or A10
municipality begins operation of an automated vehicle identification11
system in an automated vehicle identification corridor, the state, county,12
city and county, or municipality must:13
(A) Post a permanent sign in a conspicuous place not fewer than14
three hundred feet before the beginning of the corridor; and15
(B) Post a permanent sign not fewer than three hundred feet16
before each static camera within the corridor thereafter or a temporary17
sign not fewer than three hundred feet before any mobile camera; except18
that, for an automated vehicle identification corridor on which IF an19
automated vehicle identification system is used on transit vehicles for the20
purpose of detecting WILL BE USED EXCLUSIVELY TO DETECT unauthorized21
use of a transit-only lane, THE STATE , COUNTY, CITY AND COUNTY , OR22
MUNICIPALITY MUST post permanent signs at one-half mile or more23
frequent intervals WITHIN THE AUTOMATED VEHICLE IDENTIFICATION24
CORRIDOR; and25
(C) Illustrate, through data collected within the past five years26
QUANTITATIVE DATA COLLECTION , incidents of crashes, speeding, OR27
SB26-152-4-
reckless driving or community complaints WITHIN THE PAST FIVE YEARS1
on a street designated as an automated vehicle identification corridor,2
unless the automated vehicle identification system will be used3
exclusively to detect unauthorized usage of one or more transit-only lanes4
USE OF A TRANSIT -ONLY LANE. COMMUNITY COMPLAINTS MAY ALSO BE5
USED TO ILLUSTRATE THE NEED FOR AN AUTOMATED VEHICLE6
IDENTIFICATION CORRIDOR IF COLLECTED WITH QUANTITATIVE DATA.7
(IV) The state, a county, a c ity and county, or a municipality8
implementing an automated vehicle identification corridor pursuant to9
subsection (2)(g)(I) of this section shall ANNUALLY publish a report on its10
website disclosing the number of citations and AMOUNT OF revenue11
generated by the automated vehicle identification corridor.12
(h) (I) The state, a county, a city and county, or a municipality13
shall not require a registered owner of a vehicle to disclose the identity of14
a driver of the vehicle who is detected through the use of an automated15
vehicle identification system. However, the registered owner may be16
required to submit evidence that the owner was not the driver at the time17
of the alleged violation. THE REGISTERED OWNER OF THE MOTOR VEHICLE18
DETECTED BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS19
RESPONSIBLE FOR PAYING THE CIVIL PENALTY ASSOCIATED WITH THE20
NOTICE OF THE VIOLATION UNLESS:21
(A) T HE REGISTERED OWNER ESTABLISHES THAT THE MOTOR22
VEHICLE WAS IN THE CARE, CUSTODY, OR CONTROL OF ANOTHER PERSON23
AT THE TIME OF THE VIOLATION DETECTED BY THE AUTOMATED VEHICLE24
IDENTIFICATION SYSTEM;25
(B) T HE REGISTERED OWNER ESTABLISHES THAT LAW26
ENFORCEMENT ISSUED A SEPARATE TRAFFIC CITATION TO THE REGISTERED27
SB26-152-5-
OWNER OR DRIVER OF THE MOTOR VEHICLE FOR THE VIOLATION DETECTED1
BY THE AUTOMATED VEHICLE IDENTIFICATION SYSTEM; OR2
(C) A REPRESENTATIVE OF THE ESTATE OR A FAMILY MEMBER OF3
THE REGISTERED OWNER ESTABLISHES THAT THE REGISTERED OWNER WAS4
DECEASED PRIOR TO THE DATE OF THE VIOLATION DETECTED BY THE5
AUTOMATED VEHICLE IDENTIFICATION SYSTEM.6
(II) T O ESTABLISH THAT THE REGISTERED OWNER IS NOT7
RESPONSIBLE FOR PAYING A CIVIL PENALTY ASSOCIATED WITH A NOTICE8
OF VIOLATION, THE REGISTERED OWNER OR A REPRESENTATIVE OF THE9
ESTATE OR A FAMILY MEMBER OF THE REGISTERED OWNER MUST, WITHIN10
THIRTY DAYS AFTER THE DATE OF ISSUANCE OF THE NOTICE OF VIOLATION,11
PROVIDE TO THE ENTITY THAT ISSUED THE NOTICE OF VIOLATION AN12
AFFIDAVIT WITH INFORMATION SHOWING THAT ONE OF THE EXCEPTIONS13
SET FORTH IN SUBSECTION (2)(h)(I) OF THIS SECTION APPLIES.14
(III) (A) I F THE REGISTERED OWNER CLAIMS AN EXCEPTION15
PURSUANT TO SUBSECTION (2)(h)(I)(A) OF THIS SECTION, THE REGISTERED16
OWNER SHALL INCLUDE IN THE AFFIDAVIT THE NAME, THE DATE OF BIRTH,17
AND, IF KNOWN, THE DRIVER'S LICENSE NUMBER OF THE PERSON THAT HAD18
CARE, CUSTODY, OR CONTROL OF THE MOTOR VEHICLE AT THE TIME THE19
AUTOMATED VEHICLE IDENTIFICATION SYSTEM DETECTED THE VIOLATION.20
(B) T HE REGISTERED OWNER OF A MOTOR VEHICLE THAT WAS21
LEASED AT THE TIME OF THE VIOLATION IS NOT REQUIRED TO SUBMIT AN22
AFFIDAVIT PURSUANT TO SUBSECTION (2)(h)(III)(A) OF THIS SECTION IF23
THE MOTOR VEHICLE WAS REGISTERED IN THE NAME OF THE LESSEE AT THE24
TIME OF THE VIOLATION.25
(IV) IF THE REGISTERED OWNER CLAIMS AN EXCEPTION PURSUANT26
TO SUBSECTION (2)(h)(I)(B) OF THIS SECTION , THE REGISTERED OWNER27
SB26-152-6-
SHALL INCLUDE IN THE AFFIDAVIT THE SERIAL NUMBER OF THE TRAFFIC1
CITATION.2
(V) IF THE REGISTERED OWNER TO WHOM A NOTICE OF VIOLATION3
HAS BEEN ISSUED IS DECEASED , THE AFFIDAVIT MUST INCLUDE BOTH A4
CERTIFIED COPY OF THE DEATH CERTIFICATE SHOWING THAT THE DEATH5
OF THE REGISTERED OWNER OCCURRED BEFORE THE DATE OF THE6
VIOLATION AND ONE OF THE FOLLOWING:7
(A) A BILL OF SALE OR OTHER DOCUMENT SHOWING THAT THE8
MOTOR VEHICLE WAS SOLD OR TRANSFERRED AFTER THE DATE OF THE9
REGISTERED OWNER'S DEATH AND BEFORE THE DATE OF THE VIOLATION;10
(B) DOCUMENTED PROOF THAT THE REGISTERED LICENSE PLATE11
BELONGING TO THE REGISTERED OWNER WAS RETURNED TO THE12
DEPARTMENT OR ANOTHER OFFICE OR AUTHORIZED AGENT OF THE13
DEPARTMENT AFTER THE DATE OF THE REGISTERED OWNER'S DEATH AND14
BEFORE THE DATE OF THE VIOLATION; OR15
(C) A COPY OF THE POLICE REPORT SHOWING THAT THE16
REGISTERED OWNER'S LICENSE PLATE OR MOTOR VEHICLE WAS STOLEN17
AFTER THE DATE OF THE REGISTERED OWNER 'S DEATH AND BEFORE THE18
DATE OF THE VIOLATION.19
(VI) U PON RECEIPT OF THE AFFIDAVIT AND SUFFICIENT20
SUPPORTING DOCUMENTATION PURSUANT TO SUBSECTIONS (2)(h)(I)(B)21
AND (2)(h)(IV) OR SUBSECTIONS (2)(h)(I)(C) AND (2)(h)(V) OF THIS22
SECTION, THE STATE, A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY23
SHALL DISMISS THE NOTICE OF VIOLATION AND PROVIDE PROOF OF THE24
DISMISSAL TO THE REGISTERED OWNER OR OTHER PERSON THAT25
SUBMITTED THE AFFIDAVIT.26
(VII) (A) U PON RECEIPT OF THE AFFIDAVIT AND SUFFICIENT27
SB26-152-7-
SUPPORTING DOCUMENTATION PURSUANT TO SUBSECTIONS (2)(h)(I)(A)1
AND (2)(h)(III)(A) OF THIS SECTION, THE STATE, A COUNTY, A CITY AND2
COUNTY, OR A MUNICIPALITY MAY ISSUE A NOTICE OF VIOLATION TO THE3
PERSON IDENTIFIED IN THE AFFIDAVIT AS HAVING CARE , CUSTODY , OR4
CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION. IF THE5
STATE, A COUNTY , A CITY AND COUNTY , OR A MUNICIPALITY SENDS A6
NOTICE OF VIOLATION TO THE PERSON IDENTIFIED IN THE AFFIDAVIT , IT7
MUST DO SO WITHIN THIRTY DAYS AFTER RECEIPT OF THE AFFIDAVIT FROM8
THE REGISTERED OWNER. THE AFFIDAVIT SUBMITTED BY THE REGISTERED9
OWNER MAY BE USED AS EVIDENCE IN A PROCEEDING TO ESTABLISH THAT10
THE PERSON IDENTIFIED IN THE AFFIDAVIT WAS IN ACTUAL CARE ,11
CUSTODY, OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE12
VIOLATION.13
(B) I F THE PERSON IDENTIFIED BY THE REGISTERED OWNER AS14
HAVING CARE, CUSTODY, OR CONTROL OF THE MOTOR VEHICLE AT THE15
TIME OF THE VIOLATION, AND WHO HAS RECEIVED A NOTICE OF VIOLATION16
FROM THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY BASED17
ON THAT IDENTIFICATION , AFFIRMS THAT THEY DID NOT HAVE CARE ,18
CUSTODY, OR CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE19
VIOLATION, THE PERSON MUST PROVIDE THE STATE , COUNTY, CITY AND20
COUNTY, OR MUNICIPALITY AN AFFIDAVIT STATING SUCH WITHIN THIRTY21
DAYS AFTER THE ISSUANCE OF THE NOTICE OF VIOLATION TO THAT PERSON.22
(VIII) I F THE STATE , A COUNTY , A CITY AND COUNTY , OR A23
MUNICIPALITY RECEIVES AN AFFIDAVIT PURSUANT TO SUBSECTION24
(2)(h)(VII)(B) OF THIS SECTION THAT AFFIRMS THAT THE PERSON25
IDENTIFIED BY THE REGISTERED OWNER DID NOT HAVE CARE, CUSTODY, OR26
CONTROL OF THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION , THE27
SB26-152-8-
STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY:1
(A) N OTIFY THE REGISTERED OWNER THAT THE NOTICE OF2
VIOLATION WILL NOT BE DISMISSED DUE TO FAILURE TO ESTABLISH THAT3
ANOTHER PERSON HAD CARE , CUSTODY , OR CONTROL OF THE MOTOR4
VEHICLE AT THE TIME OF THE VIOLATION; OR5
(B) DISMISS THE NOTICE OF VIOLATION AND PROVIDE PROOF OF6
THE DISMISSAL TO THE REGISTERED OWNER.7
(IX) A PERSON THAT SUBMITS A FALSE AFFIDAVIT COMMITS A8
CLASS 2 MISDEMEANOR TRAFFIC OFFENSE AND, UPON CONVICTION, SHALL9
BE PUNISHED AS PROVIDED IN SECTION 42-4-1701 (3).10
(i) (I) E XCEPT AS PROVIDED IN SUBSECTION (2)(i)(II) OF THIS11
SECTION, IF A VARIABLE SPEED LIMIT IS IN EFFECT OR A SPEED LIMIT IS12
OTHERWISE TEMPORARILY LOWERED DUE TO HAZARDOUS WEATHER OR13
OTHER TRAFFIC CONDITIONS, THE STATE, A COUNTY, A CITY AND COUNTY,14
OR A MUNICIPALITY SHALL ONLY ISSUE A NOTICE OF VIOLATION AND CIVIL15
PENALTY FOR A VIOLATION DETECTED BY AN AUTOMATED VEHICLE16
IDENTIFICATION SYSTEM IF THE VIOLATION IS A SPEEDING VIOLATION THAT17
EXCEEDS THE REGULAR MAXIMUM POSTED SPEED LIMIT FOR THAT18
LOCATION THAT IS TYPICALLY IN EFFECT WHEN A VARIABLE SPEED LIMIT19
IS NOT IN EFFECT AND THE SPEED LIMIT IS NOT OTHERWISE TEMPORARILY20
LOWERED.21
(II) SUBSECTION (2)(i)(I) OF THIS SECTION DOES NOT APPLY WHEN22
A SPEED LIMIT IS TEMPORARILY LOWERED DUE TO THE NEED FOR A23
TEMPORARY HIGHWAY MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE24
DESIGNATED PURSUANT TO SECTION 42-4-614.25
(4) (a) (I) If, THROUGH THE USE OF AN AUTOMATED VEHICLE26
IDENTIFICATION SYSTEM , the state, a county, a city and county, or a27
SB26-152-9-
municipality detects a speeding violation of less than ten SIX miles per1
hour over the reasonable and prudent speed under a county or municipal2
traffic regulation or under state law, through the use of an automated3
vehicle identification system and the violation is the first violation by the4
registered owner that the state, county, city and county, or municipality5
has detected using an automated vehicle identification system, then the6
state, county, city and county, or municipality may mail the registered7
owner a warning regarding the violation. but The state, county, city and8
county, or municipality shall not impose any A penalty or surcharge for9
such first A violation.10
(II) I F, THROUGH THE USE OF AN AUTOMATED VEHICLE11
IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A CITY AND COUNTY, OR12
A MUNICIPALITY DETECTS A SPEEDING VIOLATION OF AT LEAST SIX AND13
LESS THAN TEN MILES PER HOUR OVER THE REASONABLE AND PRUDENT14
SPEED UNDER A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR UNDER15
STATE LAW , AND THE VIOLATION IS THE FIRST VIOLATION BY THE16
REGISTERED OWNER THAT THE STATE , COUNTY, CITY AND COUNTY , OR17
MUNICIPALITY HAS DETECTED USING AN AUTOMATED VEHICLE18
IDENTIFICATION SYSTEM, THEN THE STATE , COUNTY, CITY AND COUNTY,19
OR MUNICIPALITY SHALL MAIL THE REGISTERED OWNER A WARNING20
REGARDING THE VIOLATION. THE STATE, COUNTY, CITY AND COUNTY, OR21
MUNICIPALITY SHALL NOT IMPOSE A PENALTY OR SURCHARGE FOR SUCH22
FIRST VIOLATION.23
(III) (A) N OTWITHSTANDING SUBSECTION (4)(a)(II) OF THIS24
SECTION, IF , BEFORE JANUARY 1, 2035, THROUGH THE USE OF AN25
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A26
CITY AND COUNTY, OR A MUNICIPALITY DETECTS A SPEEDING VIOLATION27
SB26-152-10-
OF AT LEAST SIX AND LESS T HAN TEN MILES PER HOUR OVER THE1
REASONABLE AND PRUDENT SPEED IN A SCHOOL ZONE AS DEFINED IN2
SECTION 42-4-615, OR WITHIN A HIGHWAY MAINTENANCE , REPAIR , OR3
CONSTRUCTION ZONE DESIGNATED PURSUANT TO SECTION 42-4-614, AND4
THE VIOLATION IS THE FIRST VIOLATION BY THE REGISTERED OWNER, THE5
MAXIMUM PENALTY THAT THE STATE , COUNTY, CITY AND COUNTY , OR6
MUNICIPALITY MAY IMPOSE FOR SUCH VIOLATION , INCLUDING ANY7
SURCHARGE, IS FORTY DOLLARS.8
(B) THIS SUBSECTION (4)(a)(III) IS REPEALED, EFFECTIVE JANUARY9
1, 2036.10
(IV) NOTWITHSTANDING SUBSECTION (4)(a)(II) OF THIS SECTION,11
BEGINNING JANUARY 1, 2035, IF, THROUGH THE USE OF AN AUTOMATED12
VEHICLE IDENTIFICATION SYSTEM , THE STATE , A COUNTY , A CITY AND13
COUNTY, OR A MUNICIPALITY DETECTS A SPEEDING VIOLATION OF AT14
LEAST SIX AND LESS THAN TEN MILES PER HOUR OVER THE REASONABLE15
AND PRUDENT SPEED IN A SCHOOL ZONE AS DEFINED IN SECTION 42-4-615,16
OR WITHIN A HIGHWAY MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE17
DESIGNATED PURSUANT TO SECTION 42-4-614, AND THE VIOLATION IS THE18
FIRST VIOLATION BY THE REGISTERED OWNER , THE MAXIMUM PENALTY19
THAT THE STATE , COUNTY , CITY AND COUNTY , OR MUNICIPALITY MAY20
IMPOSE FOR SUCH VIOLATION , INCLUDING ANY SURCHARGE , IS FIFTY21
DOLLARS.22
(b) (I) (A) If, BEFORE JANUARY 1, 2035, THROUGH THE USE OF AN23
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, the state, a county, a city24
and county, or a municipality detects a second or subsequent speeding25
violation BY A REGISTERED OWNER OF AT LEAST SIX AND LESS THAN TEN26
MILES PER HOUR OVER THE REASONABLE AND PRUDENT SPEED under a27
SB26-152-11-
county or municipal traffic regulation or under state law, by the registered1
owner, or a first such SPEEDING violation by the registered owner if the2
provisions of subsection (4)(a) of this section do not apply, through the3
use of an automated vehicle identification system OF AT LEAST TEN AND4
LESS THAN TWENTY -FIVE MILES PER HOUR OVER THE REASONABLE AND5
PRUDENT SPEED, then, except as may be permitted in subsection (4)(b)(II)6
of this section, the maximum penalty that the state, county, city and7
county, or m unicipality may impose for such violation, including any8
surcharge, is forty dollars.9
(B) THIS SUBSECTION (4)(b)(I) IS REPEALED, EFFECTIVE JANUARY10
1, 2036.11
(I.5) BEGINNING JANUARY 1, 2035, IF, THROUGH THE USE OF AN12
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A13
CITY AND C OUNTY, OR A MUNICIPALITY DETECTS A SECOND OR14
SUBSEQUENT SPEEDING VIOLATION BY A REGISTERED OWNER OF AT LEAST15
SIX AND LESS THAN TEN MILES PER HOUR OVER THE REASONABLE AND16
PRUDENT SPEED UNDER A COUNTY OR MUNICIPAL TRAFFIC REGULATION OR17
UNDER STATE LAW, OR A SPEEDING VIOLATION BY THE REGISTERED OWNER18
OF AT LEAST TEN AND LESS THAN TWENTY-FIVE MILES PER HOUR OVER THE19
REASONABLE AND PRUDENT SPEED, THEN, EXCEPT AS MAY BE PERMITTED20
IN SUBSECTION (4)(b)(II) OF THIS SECTION, THE MAXIMUM PENALTY THAT21
THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY IMPOSE22
FOR SUCH VIOLATION, INCLUDING ANY SURCHARGE, IS FIFTY DOLLARS.23
(II) If any A violation described in subsection (4)(b)(I) OR24
(4)(b)(I.5) of this section occurs within a school zone as defined in25
section 42-4-615, OR WITHIN A HIGHWAY MAINTENANCE , REPAIR , OR26
CONSTRUCTION ZONE DESIGNATED PURSUANT TO SECTION 42-4-614, the27
SB26-152-12-
maximum penalty that may be imposed shall be IS doubled.1
(III) Subsection (4)(b)(I) of this section does not apply within a2
maintenance, construction, or repair zone designated pursuant to section3
42-4-614 or a school zone, as defined in section 42-4-615 (2).4
(c) (I) (A) IF, BEFORE JANUARY 1, 2035, THROUGH THE USE OF AN5
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A6
CITY AND COUNTY, OR A MUNICIPALITY DETECTS A SPEEDING VIOLATION7
BY A REGISTERED OWNER OF TWENTY -FIVE MILES PER HOUR OR MORE8
OVER THE REASONABLE AND PRUDENT SPEED UNDER A COUNTY OR9
MUNICIPAL TRAFFIC REGULATION OR UNDER STATE LAW, THE MAXIMUM10
PENALTY THAT THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY11
MAY IMPOSE FOR SUCH VIOLATION , INCLUDING ANY SURCHARGE, IS ONE12
HUNDRED TWENTY DOLLARS.13
(B) THIS SUBSECTION (4)(c)(I) IS REPEALED, EFFECTIVE JANUARY14
1, 2036.15
(II) BEGINNING JANUARY 1, 2035, IF, THROUGH THE USE OF AN16
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A17
CITY AND COUNTY, OR A MUNICIPALITY DETECTS A SPEEDING VIOLATION18
BY A REGISTERED OWNER OF TWENTY -FIVE MILES PER HOUR OR MORE19
OVER THE REASONABLE AND PRUDENT SPEED UNDER A COUNTY OR20
MUNICIPAL TRAFFIC REGULATION OR UNDER STATE LAW , THE MAXIMUM21
PENALTY THAT THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY22
MAY IMPOSE FOR SUCH VIOLATION, INCLUDING ANY SURCHARGE, IS ONE23
HUNDRED FIFTY DOLLARS.24
(4.5) (a) (I) (A) If, BEFORE JANUARY 1, 2035, the state, a county,25
a city and county, or a municipality detects a violation of a county, city26
and county, or municipal traffic regulation or traffic violation under state27
SB26-152-13-
law for disobedience to a traffic control signal through the use of an1
automated vehicle identification system, the maximum civil penalty that2
the state, a county, a city and county, or a municipality may impose for3
such violation, including any surcharge, is seventy-five dollars.4
(B) T HIS SUBSECTION (4.5)(a)(I) IS REPEALED , EFFECTIVE5
JANUARY 1, 2036.6
(II) BEGINNING JANUARY 1, 2035, IF THE STATE, A COUNTY, A CITY7
AND COUNTY, OR A MUNICIPALITY DETECTS A VIOLATION OF A COUNTY ,8
CITY AND COUNTY , OR MUNICIPAL TRAFFIC REGULATION OR TRAFFIC9
VIOLATION UNDER STATE LAW FOR DISOBEDIENCE TO A TRAFFIC CONTROL10
SIGNAL THROUGH THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION11
SYSTEM, THE MAXIMUM CIVIL PENALTY THAT THE STATE , COUNTY, CITY12
AND COUNTY , OR MUNICIPALITY MAY IMPOSE FOR SUCH VIOLATION ,13
INCLUDING ANY SURCHARGE, IS NINETY-FIVE DOLLARS.14
(4.6) (b) (I) (A) If, BEFORE JANUARY 1, 2035, through the use of15
an automated vehicle identification system, the state, a county, a city and16
county, or a municipality detects a motor vehicle overtaking a stopped17
school bus with actuated visual signal lights in violation of section18
42-4-1903 (1)(a), the maximum civil penalty the state, county, city and19
county, or municipality may impose for the violation is three hundred20
dollars, including surcharges or fees.21
(B) T HIS SUBSECTION (4.6)(b)(I) IS REPEALED , EFFECTIVE22
JANUARY 1, 2036.23
(II) B EGINNING JANUARY 1, 2035, IF, THROUGH THE USE OF AN24
AUTOMATED VEHICLE IDENTIFICATION SYSTEM, THE STATE, A COUNTY, A25
CITY AND COUNTY , OR A MUNICIPALITY DETECTS A MOTOR VEHICLE26
OVERTAKING A STOPPED SCHOOL BUS WITH ACTUATED VISUAL SI GNAL27
SB26-152-14-
LIGHTS IN VIOLATION OF SECTION 42-4-1903 (1)(a), THE MAXIMUM CIVIL1
PENALTY THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY MAY2
IMPOSE FOR THE VIOLATION IS THREE HUNDRED SEVENTY-FIVE DOLLARS,3
INCLUDING SURCHARGES OR FEES.4
(5) If the state, a county, a city and county, or a municipality has5
established an automated vehicle identification system for the6
enforcement of county or municipal traffic regulations or state traffic7
laws, then no portion of any fine collected through the use of such system8
may be paid to the manufacturer or vendor of the automated vehicle9
identification system equipment. The compensation paid by the state,10
county, city and county, or municipality for such equipment shall:11
(a) Be based upon the value of such equipment and the value of12
any services provided to the state, county, city and county, or13
municipality; and may14
(b) Not be based upon the number of traffic citations issued or the15
AMOUNT OF revenue generated by such equipment or services; AND16
(c) BE A FLAT MONTHLY RATE.17
SECTION 2. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly (August 12, 2026, if adjournment sine die is on May 13,21
2026); except that, if a referendum petition is filed pursuant to section 122
(3) of article V of the state constitution against this act or an item, section,23
or part of this act within such period, then the act, item, section, or part24
will not take effect unless approved by the people at the general election25
to be held in November 2026 and, in such case, will take effect on the26
date of the official declaration of the vote thereon by the governor.27
SB26-152-15-
(2) This act applies to conduct occurring or contracts entered into1
or renewed on or after the applicable effective date of this act.2
SB26-152-16-