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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