Politics & Government

Colorado May Soon Change Speed Camera Fines for Drivers

The bill is meant to prevent governments and companies from abusing speed enforcement to make money, sponsors say.
Speed cameras on Highway 119 resulted in nearly 10,000 tickets in three months.

Andreas Ebner

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Speed cameras on Colorado roads are becoming increasingly common and sophisticated. But soon, the way they operate could change.

Senate Bill 26-152 aims to make numerous modifications to the use of Automated Vehicle Identification Systems in the state, including establishing a new penalty structure for low-level and high-level speeding.

Under current law, a driver cannot be fined for their first violation if a speed camera catches them going less than ten miles per hour over the speed limit. The driver must be given a warning instead. But for all subsequent violations, the driver can be fined regardless of the severity of the speeding, even if they’re going just 1 mph over the limit.

Senate Bill 152 would prohibit issuing speed camera fines to drivers for going less than 6 mph over the limit in most circumstances, even if it is not their first violation. However, the bill would also allow drivers to be fined for their first violation, no matter how minor, if they are speeding in a school zone or a construction zone.

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Drivers caught going between 10 and 24 mph over the speed limit would continue to be fined $40 under the bill. The fine would be upped to $120 for those speeding 25 mph or more over the limit.

Here are the current maximum fines for speed camera violations based on how fast a driver is going:

  • Less than 10 mph over limit: no fine for first violation only
  • 1 to 24 mph over: $40
    • In a school or construction zone: $80
  • 25+ mph over: state law does not apply

Here are the proposed maximum fines under Senate Bill 152, according to the bill text as of April 30:

  • Less than 6 mph over: no fine regardless of the number of violations
    • In a school or construction zone: $40
  • 6 to 9 mph over: no fine for first violation, $40 for subsequent violations
    • In a school or construction zone: $40 for first violation, $80 for subsequent violations
  • 10 to 24 mph over: $40
    • In a school or construction zone: $80
  • 25+ mph over: $120

If the bill passes, fines would increase in 2035. The $40 fines would rise to $50, the $80 fines would become $100, and the $120 fine would become $150. Existing camera fines would also increase in 2035 for disobeying traffic control signals and overtaking a stopped school bus with its lights activated; those fines would rise from the current $75 and $300, respectively, to $95 and $375.

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Westword erroneously reported that the bill would lower the enforcement minimum for speed cameras from 10 to 6 mph over the speed limit. That mistake was due to a misreading of the current statute (which prohibits penalties for speeding less than 10 mph for first violations, but not for subsequent violations) and a miscommunication with supporters who praised the bill for allowing fines for first violations when speeding less than 10 mph over the limit in school and construction zones. That article has been removed. We apologize for the error.

Why Change the Fines?

Last year, the Town of Kersey raked in more than $300,000 in six months by issuing $340 fines to drivers caught speeding 25 mph over the limit. However, those tickets were issued thanks to a speed camera placed along a stretch of road where the speed limit suddenly reduces from 65 to 45 mph in less than a quarter of a mile, 9News reported. The town later voted to refund the citations amid public outrage.

Bill sponsors point to that incident as an example of the current speed camera law being inadequate.

“SB-152 puts guardrails in place to ensure speed cameras are used to enhance public safety, not as a money-making tool for some companies taking advantage of loopholes, or local governments who want a new revenue stream,” says Republican Senator Byron Pelton, who is sponsoring the measure with Democratic Senator Matt Ball.

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The proposal comes as more and more speed cameras emerge throughout the state. The Colorado Department of Transportation recently expanded the use of its Automated Vehicle Identification System to monitor speeds and automatically mail tickets to drivers in an effort to improve road safety. The system measures a vehicle’s average speed as it travels between two cameras, making it more difficult for speeders to quickly hit the brakes and avoid a fine.

The new system installed on Colorado State Highway 119 resulted in nearly 10,000 speeding tickets in just the first three months of this year, totaling over $700,000 in fines, CBS reported.

Boulder County is the only entity registered in support of the bill as of May 1, according to the Secretary of State’s Office. The towns of Kersey and Hudson also reportedly support the policy, according to a spokesperson for the Colorado Senate Republicans.

“It aligns with our transportation legislative priority of increasing safety for all roadway users,” says Rick Hackett, spokesperson for Boulder County Community Planning & Permitting. “This change takes into account lower speed limit areas where 10 mph over the speed limit greatly increases the chance of serious injury or death to a pedestrian or bicyclist in a crash involving a motor vehicle, such as in a school zone.”

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Jefferson County and the City of Fort Collins are registered in opposition to the bill as of May 1.

“The Jefferson County Board of Commissioners appreciates the intent of the bill, but as written, it decreases safety and potentially increases costs to local governments to use this important safety tool,” says Cassie Heykoop, public affairs director for Jefferson County. “At this time, we feel that too many substantive changes are needed for us to support this bill.”

The bill unanimously passed its first vote in the Senate Transportation & Energy Committee on April 29. It is scheduled for consideration by the full Senate on May 4.

What Else Would Change?

If made law, the bill would prohibit penalizing drivers when a traffic camera captures them exceeding a variable speed limit or a speed limit that is temporarily lowered due to hazardous weather or traffic conditions. The driver could be fined only for exceeding the regular posted maximum speed limit. (This exemption would not apply to temporary construction zones.)

The proposal would require governments to pay a flat monthly rate to the manufacturer or vendor of speed cameras.

The bill would also modify public notice requirements before new speed cameras are installed and require governments to publicly report the number of citations issued and revenue generated on an annual basis.

One provision in the proposal was removed during the committee meeting. Initially, it would have created a procedure for vehicle owners to prove that they were not driving when a camera caught their car violating the law: The owner could submit an affidavit identifying the individual who was driving the vehicle during the violation, and the fine would instead be passed to that person. Committee members amended that part of the bill to require that vehicle owners instead prove their car was sold, stolen or being rented by someone else at the time of the violation.

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