Code of Alabama - Title 45: Local Laws - Section 45-37A-42.04 - Notice of violation

Section 45-37A-42.04 - Notice of violation.

(a) The city or its designee shall mail a notice of violation by U.S. mail to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement system, photographic stop sign enforcement system, or photographic vehicle speed enforcement system while committing a traffic signal violation, stop sign violation, or speeding violation. The notice shall be sent not later than the 30th day after the date the traffic signal violation, stop sign violation, or speeding violation is recorded to:

(1) The owner's address as shown on the registration records of the Alabama Department of Revenue.

(2) If the vehicle is registered in another state or country, to the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.

(b) A notice of violation issued under this part shall contain the following:

(1) Description of the violation.

(2) The date, time, and location of the violation.

(3) A copy of a recorded image of the vehicle.

(4) The amount of the fine to be imposed for the violation.

(5) The date by which the fine must be paid.

(6) A statement that the person named in the notice of violation may pay the fine in lieu of appearing at an administrative hearing.

(7) Information that informs the person named in the notice of violation:

a. Of the right to contest the imposition of the fine in an administrative hearing.

b. Of the manner and time in which to contest the imposition of the fine.

c. That failure to pay the fine or to contest liability is an admission of liability.

(8) A statement that a recorded image is evidence in a proceeding for the imposition of a fine.

(9) In the case of a motor vehicle rental or leasing company, the procedure for transferring liability to the renter or lessee and a request for the name, address, and driver's license number of the renter or lessee.

(10) A statement that failure to pay the fine within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25).

(11) Any other information deemed necessary by the city or its designee.

(c) A notice of violation under this part is presumed to have been received on the 10th day after the date the notice of violation is placed in the United States mail.

(d) A fine imposed pursuant to this part shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.

(e) It shall be within the discretion of the trained technician to determine which of the recorded traffic signal violations, stop sign violations and speeding violations are to be enforced based upon the quality and legibility of the recorded image.

(Act 2016-323, §5.)

Last modified: May 3, 2021