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Frequently Asked Questions
(From the Official Tucson Police Department website)
http://tpdinternet.tucsonaz.gov/FAQ/PhotoradarFAQ.pdf
The City of Tucson has implemented a traffic intersection safety program which uses automated cameras to enforce speed and red light violations at various locations. The purpose is to improve public safety in the community. The following questions and answers will help you understand the program. |
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Q: Is photo enforcement a new strategy?
A: No, photo speed and red light enforcement has been used in Europe, England and
Canada for over twenty years. Cities in the United States have successfully
implemented photo enforcement strategies for nearly as long. In the Phoenix
metropolitan area, photo enforcement strategies were widely implemented in the latter
1990s. With digital technology, the effectiveness of photo enforcement has improved
tremendously.
Q: What is a speed camera?
A: Speed cameras are electronic devices that are linked to a speed-measuring device,
such as a radar unit. When a vehicle travels through the radar above a set speed in
excess of the posted speed limit, the high-resolution digital camera captures the
violation. The camera takes a photograph of the front of the vehicle to capture the
driver’s face and from the rear of the vehicle to photograph the license plate.
Q: Are these systems accurate?
A: Radar has been a primary speed enforcement tool for police for decades. Radar is
accepted as a valid speed measuring system throughout the country. Photo radar
systems utilize very narrow beams of radar deployed at specific angles to the roadway.
Red light systems are able to capture the vehicle’s position when a stoplight turns red to
establish that a violation did occur.
Q: Does a photo enforcement system photograph every vehicle?
A: No, the only time a photograph is taken of a vehicle is when the system detects a
violation. The cameras are aimed at specific locations to capture the license plate and
driver of the violating vehicle. If the faces of passengers appear in the photograph, their
faces are redacted in processing.
Q: Is photo enforcement effective in reducing crashes?
A: Photo enforcement has been proven effective in many communities throughout the
United States and Canada, as well as Europe and England. Cities in the Phoenix
Valley, including Phoenix, Scottsdale, Paradise Valley, Chandler and Mesa have
reduced speeds, collisions and injuries as a result of photo enforcement. In fact, many
of these jurisdictions are increasing the scope of their photo enforcement initiatives.
Other states, including Texas, Colorado, Utah, California and the District of Columbia
successfully utilize photo enforcement as part of their traffic safety strategy.
Q: Is speeding really that big of a problem in Tucson?
A: Yes, it is. Excessive speed was the fatal contributing factor in about 20% of traffic
fatalities. Failure to reduce or control speed is the highest single cause of all crashes in
Tucson. Although this also considers those following too closely, speed is a factor.
Q: How much money can the city expect to make from photo enforcement?
A: Our photo enforcement program is being established to improve safety on our
roadways. The program’s purpose is to reduce speeding and red light running, both of
which are the cause of thousands of crashes and many injuries and deaths in Tucson.
To run an effective program, the city will incur increased staffing and administrative
costs, which must be considered. Although we hope that the fees from fines will offset
some costs, the focus of photo enforcement is on safety, not revenue.
Q: Does the City retain all of the fines collected?
A. A common misconception is that the fines from tickets stay with the City. In fact,
around half of traffic fines collected go directly to the state. The City bears the costs of
lease fees, vendor costs and staffing for law enforcement and the courts. The funds that
remain local do not typically cover those costs.
Q: What is the benefit of a photo enforcement strategy?
A: A comprehensive photo enforcement strategy can reduce crashes, injuries and
deaths in our city. Traditional enforcement strategies depend on the ability to deploy
officers into an area with the time, tools and training to make stops. These officers are
often subject to other calls for service. Furthermore during the time they spent writing
the ticket, others continue to commit violations in the same area. Additionally, traffic
conditions can make it dangerous for the violator, officer and everyone else on the road
to initiate a stop.
Photo enforcement does not require that stops be made. Violations are fairly and
consistently recorded nearly every time they occur. Photo enforcement does not place
anyone at risk, but the violator usually is aware they have been caught due to the flash
of the system. This provides immediate deterrent to the violator. Photo enforcement
provides an increased certainty that enforcement will occur.
Q: Will photo enforcement replace police officers doing traffic enforcement?
A: Photo enforcement will enhance the work that traffic officers already do. It is not
intended to replace the expectation that officers actively enforce traffic violations. Photo
enforcement allows officers to focus their efforts in areas without a photo system. There
is no plan to reduce the expectation that officers will enforce traffic violations if a photo
enforcement strategy is adopted.
Q: Can I contest a photo enforcement ticket?
A: The state carries the burden of proving the violation by a preponderance of the
evidence. This is the same standard that is required if you were to be stopped by an
officer and cited. You can ask for a hearing and the state would be required to provide
evidence that the photo enforcement equipment was working properly, that the violation
occurred and you were responsible for the violation.
It is important to note that a Tucson Police Officer will review every ticket before it is
Q: I get the feeling that photo radar is “big brother” watching me all the time.
A: The only time a photograph is taken is if a violation is detected. Unless you commit
a violation, the system will not activate and take your photograph. If a photo is taken,
the faces of any passengers are redacted as a matter of policy. Photo enforcement
systems do increase the certainty that those who commit violations will have to deal with
their behavior.
Q: Can my personal information be compromised through a photo enforcement
system?
A: The only time any information is captured is if a violation occurs. The information
available to the vendor is limited to identifying who is the registered owner of the vehicle
along with a photograph of the car and the driver. Vendor employees are security
checked and the hardware as well as the software typically used by the industry
prevents information from being copied or disseminated. Law enforcement throughout
the country successfully employs private vendors for this work.
Q: Are license plate sprays and covers that are advertised and sold to prevent
photography of plates by photo detection cameras prohibited by law?
A: Yes. Arizona law (ARS 28-2354) requires that, "A person shall maintain each license
plate so it is clearly legible." The sprays and covers themselves are not illegal. The act of
displaying an illegible or obscured license plate is. An officer who observes a vehicle
with a license plate that is not clearly readable may issue a ticket for this offense. In
addition to this, many of the products on the market are ineffective in obscuring the
license plate from being legible in photographs taken by cameras with today’s digital
technology and procedures.
Q: Can I receive tickets for other offenses besides speeding and red light
running?
A: Yes, Drivers found to be in violation of the mandatory seat belt law or expired
registration can also be ticketed. These violations will only be detected if a photo is
taken pursuant to a red light or speed violation. Wearing seat belts is the single most
important thing you can do to ensure your safety in a crash.
Q: At what speed will I receive a ticket?
A: Because of factors that include vehicle speedometers that might not all be precisely
calibrated, changing traffic conditions and the fact that drivers must pay attention to
many things besides the speedometer, it is not reasonable to expect that every vehicle
will be travelling exactly the speed limit. As a result, tickets will not be issued unless a
vehicle is travelling faster than 10 mph over the posted speed limit. The exception to
this is if the vehicle is in, or approaching a school zone. In these areas, tickets will be
issued for vehicles traveling 5 mph over the posted limit. Studies have shown that a
driver’s chance of being involved in a crash doubles when they exceed the speed limit
by 10 mph. Drivers who are exercising reasonable care will have no problem keeping
their speed within these parameters.
Q. What is a “Notice of Violation”?
A. A “Notice of Violation” is sent to the registered owner of a vehicle when the officer
reviewing the incident cannot establish reasonable grounds to believe that a
particular person was driving. A “Notice of Violation” is not a summons to appear.
You are asked to identify the driver of the vehicle. The Police Department will
attempt to verify if the person you identified was driving the vehicle. If reasonable
grounds exist, a citation will be sent to that person.
Q. What is a photo enforcement “Arizona Traffic Ticket and Complaint”?
A. The Arizona Traffic Ticket and Complaint, which is commonly referred to as a
citation, is mailed when the reviewing police officer has reasonable grounds to
believe the person named in the complaint was driving the vehicle. This document
will bear the name of the person the officer has reasonable grounds to believe was
driving as well as the name of the reviewing police officer and information about the
violation.
This form has been approved by the Arizona State Supreme Court for use with the
Tucson Photo Traffic Enforcement Program.
Q. Am I obligated to respond to the “Arizona Traffic Ticket and Complaint”?
A. To avoid personal service of the complaint at your expense, you must respond by the
court date by either appearing in court, paying the fine, requesting a hearing or
enrolling in defensive driving school if you are eligible. If you fail to respond, then
personal service is required as the offense carries the same penalties as a citation
personally given to you by a police officer. The cost of this service will be in addition
to any other costs associated with the offense.
If you fail to respond after process has been served, you will be subject to default. A
default judgement can result in the assessment of a fine, surcharge and fees and the
suspension of your driver license.
Q: Does a Police Officer review my complaint before it is mailed?
A: Yes, each individual violation is reviewed by a Tucson Police Officer prior to a ticket
being issued. The Officer confirms the elements of the violation, confirms the plate is
readable and the driver is identifiable. The Officer then places their name on the
ticket giving authority for its issuance.
Q: Where will the Photo Radar Van be deployed and why?
A: The primary responsibility of the Radar Van will be to ensure the safety of our
children. This will be accomplished by deploying the van in various school zones
throughout the City. Outside of the school zone hours the van will be deployed in areas
known for their high frequency of collisions. These areas will be determined through the
analysis of crash statistics compiled from the previous 12 months. Studies have shown
without a doubt that the deployment of Photo Radar Vans significantly reduces
collisions; therefore, the areas of deployment will continue to evolve. The daily location
of the Radar Van will be made public on the Tucson Police Department’s web page and
updated on a daily basis.
Q: Where can I get more information?
A: The National Highway Traffic Safety Administration (NHTSA) has several documents
on photo enforcement accessible on the Internet. Similarly, the Insurance Institute for
Highway Safety maintains information on photo enforcement. Questions may also be
directed to the Police Department web site or to the Traffic Section at 791-4440
Q: Are points assessed against my driver's license for photo enforcement
convictions?
A: Yes. In accordance with Arizona Administrative Code R17-4-404, Driver Point
System, the Motor Vehicle Division assesses points for each conviction reported to them
by the Court. Each red light conviction is assigned two points and each speed conviction
is assigned three points.
Q: Can I avoid points being assessed against my driver's license for photo
enforcement convictions by attending a defensive driving class?
A: Yes. If you are eligible to attend the NTSI Defensive Driving Program, you may be
able to attend traffic school and avoid points being assessed against your license.
Q: Who receives the ticket for a violation?
A: The Arizona Traffic Ticket and Complaint is usually mailed to the registered owner of
the vehicle. If police are able to determine that a driver other than the registered owner
was operating the vehicle at the time of the violation; the ticket will be mailed to that
driver.
Q: What is the amount of the fine?
A: The courts have established standard fines for traffic violations. The fine for
violations on the ticket will appear on the complaint. Payment of these fines is one
option to satisfy the complaint. The violator also has the option of taking a defensive
driving school if they are eligible or contesting the ticket.
Fines are as follows:
- Red Light violation (28-A3A) is $273.00
- Failure to wear a seat belt (28-909-) is $46.00
- Expired Registration (28-4139A) is $586.00 – this fine amount may be reduced to $118.00 if you register your vehicle before your court date.
- Fines for speed violations in Tucson are tiered based on how many miles per hour
the violator is traveling over the posted speed:
MPH Over Posted Fine
- 0-10 $147.00
- 11-15 $186.00
- 16-20 $203.00
- 21-25 $228.00
- 26-30 $242.00
- 31 and over $357.00
- Speeding in a school zone (28-797E) carries a fine of $274.00. This is for any speed and is different than the tiered fine schedule for speeding in other areas.
Q: What if the registered owner was not driving the vehicle at the time of the
violation?
A: The owner should read and submit the Affidavit of Non-Responsibility (Option B)
found on page one of the Arizona Ticket and Complaint packet that the owner receives
in the mail. The information must be received on or before your Court date, which is
stated on the face of the ticket. The owner should submit the name and address of the
person responsible for the violation and return it to the Tucson Police address shown on
the ticket. If the information is acceptable, the violation will be taken out of the registered
owner's name and the ticket will be re-issued with the information provided on the
affidavit. If the vehicle had been reported stolen at the time of the violation, the owner
must submit a copy of the filed police report with a signed Affidavit of Non-Responsibility.
(From the Official Tucson Police Department website)
http://tpdinternet.tucsonaz.gov/FAQ/PhotoradarFAQ.pdf
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