SB 26-152

Senate Bill 26-152, which has been signed into law, updates rules related to automated vehicle identification systems (AVIS) used for traffic enforcement in Colorado. The bill changes how local governments must notify the public about new AVIS installations and provides a process for car owners to contest speeding tickets if they weren't driving at the time of the violation. It also adjusts penalties for speeding violations caught by these systems, ensuring that fines are only issued when drivers exceed regular speed limits during hazardous conditions. Additionally, it sets strict guidelines on how municipalities can compensate AVIS manufacturers and vendors, preventing them from being paid based on the number of tickets issued or revenue generated. Starting in 2035, civil penalties for violations detected by AVIS will increase. This bill affects all motor vehicle owners and operators in Colorado who might be subject to automated traffic enforcement.

Official Summary

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;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 fee or a flat hourly rate and not include any incentives, bonuses, or escalators related to the number of citations issued or the amount of revenue generated; andBeginning January 1, 2035, increasing the civil penalties associated with notices of violations issued for violations captured by an AVIS.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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