Senate narrows automated moving-violation programs, closes roadside handheld loophole

The Mississippi Senate passed a measure clarifying that "automated recording equipment or system" used to issue moving-violation notices includes equipment operated manually by a law-enforcement officer, closing a loophole newly used by some municipalities.

Sponsor Senator Sparks said the 2009 law barred fixed devices mounted on poles from issuing traffic citations, but vendors started supplying handheld or manually-operated devices that the municipality used to generate and mail tickets to vehicle owners. Critics said the practice can shift the burden to citizens to prove they were not driving; proponents said the devices can help address dangerous speeding in school or work zones.

Senator McMahon offered an amendment that would have permitted photo-based school-zone camera enforcement only if the camera captured the vehicle license plate and a picture of the driver, recorded speed and time, and operated only during school-hours or when children are visibly present. The Senate rejected that amendment on a roll call; the main bill passed on final vote.

Floor discussion included concerns about due process, municipal contracting practices with third-party vendors, and pending litigation and lawsuits alleging improper practices in some municipalities. Supporters argued the bill simply closes a loophole that allowed municipalities to avoid having officers stop drivers and to mail tickets to vehicle owners instead of drivers.