The "Kinston Speed Limit Safety Act" (SB238) authorizes the Town of Kinston, Alabama, to implement automated speeding enforcement as a civil violation. The bill allows the town to create a municipal ordinance for using automated photographic systems to record speeding violations and issue notices of civil violations by mail, with the vehicle owner presumed liable for the fines. Key provisions include a civil fine not exceeding $100, the establishment of a public awareness campaign prior to implementation, and the requirement to notify vehicle owners of violations within 30 days. The Kinston Municipal Court will adjudicate these civil violations, with appeals possible to the Coffee County Circuit Court. The act also prohibits tampering with enforcement devices, except by authorized personnel.
The bill introduces several important regulations, including the right for individuals to contest civil penalties through an administrative process, with specific timelines for doing so. It allows for a late fee of up to $25 for unpaid fines and ensures that no individual can be arrested for nonpayment. Additionally, civil violations will not be recorded on criminal or driving records and cannot influence insurance premiums unless an accident occurs. The act mandates annual reporting on the effectiveness of the enforcement systems and specifies that no civil penalty can be imposed if the vehicle operator was simultaneously arrested for a related criminal violation. Key insertions include provisions for late fees, the non-criminal nature of civil violations, and statistical reporting requirements, while deletions remove any language allowing for criminal penalties related to these civil violations. The act is set to take effect on October 1, 2025.