Speed and Red Light Camera Laws

November 2009

Automated enforcement uses technology to to capture images of vehicles committing traffic violations. Most automated enforcement laws apply to red light running or speeding, but some also address rail crossings, toll violations or other offenses.

  • 21 states and the District of Columbia* have laws explicitly permitting at least one type of automated enforcement. In some cases, local ordinances are required. Others require an officer to be present.
  • 9 states* have laws prohibiting all or certain types of automated enforcement.
  • 26 states neither permit nor prohibit automated enforcement by law. However, jurisdictions in many of these states do have automated enforcement programs in place.
  • 24 states and the District of Colubmia have red light camera programs currently operating. 12 states and the District of Columbia have speed camera programs currently operating. The Insurance Institute of Highway Safety maintains a list of these states at www.iihs.org/research/topics/auto_enforce_list.html.

*Some states permit certain types of auotmated enforcement but prohibit others. These states are counted in both categories.

Automated enforcement locations vary significantly: some states allow enforcement statewide, while others permit it only in communities meeting a certain population threshold or other criteria.

Penalties vary as well. In most states, the registered owner of the vehicle is issued the citation. Often, the penalties for automated enforcement are different than traditional enforcement penalties for the same violations. Some states treat automated enforcement just like parking tickets: the owner is liable, points are not assessed and there is no record of the citation.

State

State
Law

Viola-
tions

Loca-
tion

Citation Issued to Whom

Liability

Image

Tradi-
tional Enforce-
ment Penalties

Records/ Points/ Penalties

Defenses

Privacy
Alabama No state law Red light Montgomery              
Alaska No state law                  
Arizona Permitted; signs required Red light; speed Various Not addressed Not addressed Not addressed $250; 2 - 3 points $165; no points Not addressed Not
addressed
Arkansas Prohibited except at school zones or rail crossings; officer must be present and citation issued at time of offense                  
California Permitted Red light; rail crossing Various Registered owner Driver Tag and driver $100; 1 point Same as for traditional citation Driver not owner – owner must identify driver Photo may be used only for purposes of the Act; available only to registered owner or driver
Colorado Permitted Any violation (except speed) Various Registered owner Driver Tag and driver $111 (includes 4 points and $11 surcharge) $75 for red light Driver not owner Not
addressed
Speed Various construction zones, school zones, residential areas or adjacent to municipal park Registered owner Driver Tag and driver $39 (includes 4 points and surcharge) $40 max. ($80 in school zones); no points or record; warning only for 1st offense if w/in 10 mph of limit Driver not owner Not
addressed
Connecticut No state law                  
Delaware Permitted Red light Various Registered owner Owner 2 or more images of vehicle $75-$230 $75 plus fees; not a record or conviction offense; not to be used by insurers Owners of commercial vehicles must identify driver or be held responsible Not
addressed
D.C. Permitted Moving infractions Various Registered owner Owner Not addressed $75 max.; 2 points $75 max.; 2 points Driver not owner; yielding to emergency vehicle; funeral procession or responding to officer direction Not
addressed
Florida No state law Red light Various              
Georgia Permitted Red light Various Registered owner Owner License tag, intersection and light $1,000 max.; 3 points $70 max.; not a conviction or record offense; no points; not a moving violation; not to be used by insurers Owner not driver Images and information not part of public record; must not show identity of any person in vehicle
Hawaii No state law                  
Idaho No state law                  
Illinois Permitted Speed Various construction zones or IL Toll Authority roads Registered owner Driver Tag and driver Mandatory $250; 20 points $250 or 25 hrs. community service Workers not present in zone at time of citation Images avail. only to alleged driver, gov't agencies for adjudicating offense or statistical or other gov't. purpose; admissable in any proceeding resulting from citation
Red light Various; local ordinance required Registered owner Owner 2 or more images of vehicle and tag $500 max.; 20 points $100; not a moving violation or record offense Cccurred as part of funeral procession; driver yielding to emergency vehicle; vehicle or tags stolen Images avail. only to alleged driver, gov't agencies for adjudicating offense or statistical or other gov't. purpose; admissable in any proceeding resulting from citation
Rail crossing Various; cooperation w/ IL DOT and IL Commerce Commis-
sion; local ordinance required; pilot program authorized		 Registered owner Driver (owner if driver not identified by owner) Vehicle, driver and tag $250 max. on 1st offense

$500 on 2nd & subsequent offenses, w/ discretionary 6 month suspension		 $250 or 25 hrs. community service Owner not driver – owner must identify driver Images are confidential and avail. only to the alleged driver; state may use images as part of a safety study
Speed Other Use by local authorities is prohibited. The state may use speed cameras, but only when a law enforcement officer is present and witnesses the event.
Indiana No state law                  
Iowa No state law Red light; speed Various              
Kansas No state law                  
Kentucky No state law                  
Louisiana No state law, except to restrict reporting convictions on driving record Red light; speed

Various

         Not reported on driving record    
Maine No state law                  
Maryland Permitted Red light Various Registered owner Owner 2 or more images of rear of vehicle and tag in any medium $500 max.; 2 points $100 max. civil penalty; no points or record; not a moving violation; may not be used by insurers Driver in funeral procession or yielding to emergency vehicle; vehicle or tags stolen; owner not driver – owner must identify driver Images avail. only to owner and in limited circum-
stances to law enforcement
Speed Various school zones and residential districts in Montgomery Co. Registered owner Owner 2 or more images of rear of vehicle and tag in any medium $500 max. in residential district; $1,000 in school zone; points depend on speed $40 max.; no points Vehicle or tag stolen; owner not driver – must identify driver; other issues the court finds pertinent Images avail. only to owner and in limited circum-
stances to law enforcement
Massa-
chusetts		 No state law Speed Blackstone              
Michigan No state law                  
Minnesota No state law                  
Missis-
sippi		 Prohibited                  
Missouri No state law Red light Various              
Montana Red light cameras prohibited                  
Nebraska No state law                  
Nevada Prohibited unless hand-held by an officer or installed in vehicle or law enforcement agenc           $1,000 max.; 4 points.      
New Hampshire Prohibited unless specific statutory authorization Toll enforcement                
New Jersey Prohibited unless local jurisdictions w/ ordinance; must apply apply to Transportation Commissioner (pilot program) - 22 towns in the pilot program Red light   Registered owner Registered owner and driver are jointly liable 2 or more images of vehicle and tag At least $85 and higher, plus court costs Same as for traditional citation; no points Not addressed Not addressed
New Mexico No state law, except to limit penalties and require posted warning sign and beacon Red light; speed Various         $75 max. civil penalty; no points or criminal sanctions; municipality may retain operating costs; balance transferred to programs for court construction, drug courts and DWI prevention    
New York Permitted Red light Cities of at least 1,000,000; up to 100 sites per city (New York City) Owner Owner 2 or more images of rear of vehicle and tag in any medium $100 max.; 3 points $50; not a record or conviction offense; may not be used by insurers Driver convicted; vehicle stolen; vehicle leased or rented by another; owner may seek indemnifi-
cation by driver		 Photos may not include images of the driver, passengers or contents of the vehicle
North
Carolina		 Permitted Red light Various Owner Owner Photo, video, electronic image $100 max.; 3 points $75 max. civil penalty; no points Owner not driver – owner must identify driver; vehicle stolen Not
addressed
North Dakota No state law                  
Ohio No state law Red light; speed Various              
Oklahoma No state law                  
Oregon Permitted Red light Various Registered owner or driver, if identifiable Registered owner Photo-
graphs; digital images		 $355 max. Same as for traditional citation Owner not driver – owner must identify driver Not
addressed
Speed Limited Registered owner or driver, if identifiable Registered owner Photo-
graphs; digital images		 $355 max. Same as for traditional citation Not
addressed		 Not
addressed
Penn-
sylvania		 Permitted Red light Philadelphia Registered owner Owner Photo-
graphs		 $25 max.; 3 points $100 max.; not on operating record Owner not driver; vehicle stolen; did not own vehicle at time of violation Images and information not part of public record
Rhode Island Permitted Red light Providence Registered owner Registered owner 2 or more images of vehicle and tag in any medium $75 max. $75 max.; not a criminal or record offense; not a moving violation; not to be used by insurers until final adjudication   Images not part of public record; must be kept private and destroyed w/in 90 days if no violation and w/in one year of disposition for those w/ violation
School bus safety violations   Registered owner Registered owner 2 or more images of vehicle and tag in any medium $500 $500; not a criminal or record offense; not a moving violation; not to be used by insurers

 
South Carolina No state law                  
South Dakota No state law Red light Sioux Falls              
Tennessee Permitted Red light; speed Various Registered owner Registered owner Not addressed $50 max.; points Not reportable; no points Not addressed Not addressed
Texas Prohibited Speed                
Permitted; requires local ordinance Red light Various Registered owner Owner 2 or more photo or digital images of tag $200 max. $75 max.; not a criminal or record offense Not addressed Not addressed
Utah Permitted only in school zones or where limit is 30 mph or less; officer must be present, signs posted, and citation accompanied by photo of violation; requires local ordinance Speed   Not addressed Not addressed Photo-
graph		 $1,000 max.; 50 points Not reportable; no points Not addressed Not
addressed
Vermont No state law                  
Virgin Islands No data Moving infraction at beginning or end of highway No data Driver or registered owner Driver or registered owner Photo electron image No data $25 or 2 to 12 points No data No data
Virginia Permitted; requires local ordinance; 1 site per 10,000 residents; (exception for metro DC: up to 10 sites or 1 site per 10,000, whichever is greater) Red light   Registered owner Driver 2 photo-
graphs or other recorded images 		$200 max.; 4 points $50 max.; no court costs; not a criminal offense; no points; may not be used by insurers Owner not operator; vehicle stolen Contractor may not obtain driver records; information only used for enforcing violations; not available to the public, sold, or disclosed except by court order; purged no later than 60 days after collection of penalty
Washington Permitted Red light Where two arterial roads intersect Registered owner Registered owner Vehicle, license tag $250 max. Up to the max. for parking violations; no record; no points Owner not operator; rental companies with conditions; vehicle stolen or sold Only when a violation occurs; photo may not reveal faces
Speed School zones Registered owner Registered owner Vehicle, license tag $250 max. Up to the max. for parking violations; no record; no points Owner not operator; rental companies with conditions; vehicle stolen or sold Only when a violation occurs; photo may not reveal faces
Rail crossing Various Registered owner Registered owner Vehicle, license tag $250 max. Up to the max. for parking violations; no record; no points Owner not operator; rental companies with conditions; vehicle stolen or sold Only when a violation occurs; photo may not reveal faces
West Virginia Prohibited                  
Wisconsin Prohibited                  
Wyoming No state law                  
Totals Permitted: 21 + D.C.

Prohibited: 9

No law: 26 		Varies Red light: 24 + D.C.

Speed: 12 + D.C. 		Varies Varies Varies Varies Varies Varies Varies

Sources: National Conference of State Legislatures (NCSL), Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.