Oregon House Bill 2189, introduced on January 13, 2025, aims to reform the process surrounding photo radar citations for speeding violations in the state. The bill seeks to address concerns regarding the fairness and efficiency of current citation practices, particularly for registered vehicle owners who may not have been driving at the time of the violation.
Key provisions of HB 2189 allow registered vehicle owners to contest citations by submitting a "certificate of innocence" within 30 days of receiving a citation. This certificate must affirm that the registered owner was not the driver at the time of the alleged violation, accompanied by a photocopy of their driver’s license. If the certificate is accepted, the citation will be dismissed without requiring a court appearance. However, if a citation is reissued, the registered owner cannot submit a certificate of innocence in response.
For businesses or public agencies, the bill permits them to submit an "affidavit of nonliability" if the vehicle was under the control of an employee or renter at the time of the violation. This affidavit must include the driver's details, allowing the citation to be redirected to the responsible party.
The bill also stipulates that penalties for speeding violations captured by photo radar will align with those from traditional enforcement methods, ensuring consistency in consequences. Additionally, it provides a mechanism for individuals to contest default judgments if they fail to respond to citations due to valid reasons.
Debate surrounding HB 2189 has focused on its potential impact on traffic enforcement and public safety. Supporters argue that the bill enhances fairness for vehicle owners who are not the actual drivers, while critics express concerns that it may undermine the effectiveness of photo radar systems in deterring speeding.
The implications of this legislation could be significant, as it may alter how cities enforce speeding laws and manage traffic safety. Experts suggest that if passed, the bill could lead to a decrease in revenue from photo radar citations, prompting cities to reassess their traffic enforcement strategies.
As the bill progresses through the legislative process, its future remains uncertain, with discussions expected to continue regarding its potential benefits and drawbacks for both law enforcement and the public.