Bill to test "photo cop" enforcement in school and construction zones ekes out of the Senate by a single vote
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By Benjamin Wood @BjaminWood
CAPITOL HILL—By the smallest majority possible, the Utah Senate voted Tuesday in favor of a bill that would test out automated traffic enforcement at a limited number of school and highway construction zones.
So-called "photo cop" technology is currently banned in the state. But under SB105, the Utah Department of Transportation (UDOT) would be permitted to launch a one-year pilot program to collect data from no more than six areas—three school zones and three active highway construction zones.
"The purpose of this bill is to increase safety in areas where a police pursuit is not safe or practical," said Sen. Jerry Stevenson, R-Layton, the bill's sponsor.
Under SB105, drivers would first receive a warning for traffic violations in view of the cameras. A citation would only be issued for repeat violations within a calendar year, it would not affect the "points" on a person's driving record and the revenue collected by tickets would be used to fund the pilot program's operating costs and UDOT's Zero Fatalities traffic safety PR campaign.
"This will prevent using photo radar solely or primarily for revenue generation," Stevenson said.
Stevenson's Republican colleagues were divided on the issue, with the bill only securing the 15 votes needed for a chamber majority with the help of Democratic senators and after Senate President Stuart Adams, R-Layton, expressed that he would vote "yes" in recognition of Stevenson's "great work" on the bill, despite his personal objections. Sen. Kirk Cullimore, R-Draper, then flipped his "no" vote to "yes" at the last second.
Sen. Jake Anderegg, R-Lehi, said he opposed the bill not because of its particular intentions, but because of the potential for street surveillance to be abused by governments once installed.
"This opens up the pathway for more and more and more," he said.
But Sen. Jennifer Plumb, D-Salt Lake City, said that while she feels angst over surveillance technology, the benefits of a pilot that focuses on areas particularly prone to injury and death outweigh her personal privacy concerns.
"These are crucial zones of safety—our school districts, our construction zones—where we have really unfortunate things happen," Plumb said.
Plumb also noted that a targeted use of photo cops could free up law enforcement resources for more effective uses than routine traffic enforcement.
"Our law enforcement folks are spread pretty thin," she said.
Sen. Kathleen Riebe, D-Cottonwood Heights, spoke about how frequently she has seen traffic collisions on the freeway during her commutes to and from the Capitol. She suggested that the concerns around a "slippery slope" application of surveillance technology can and will be addressed by current and future lawmakers.
"This body will always protect us from becoming something worse," Riebe said. "I do have faith in the people around me, that we will always be on guard."
Stevenson echoed that sentiment, telling his Senate colleagues that they remain in "total control" to evaluate the results of the pilot program and whether to extend it, expand it or allow it to expire.
"I think it is a technology that would allow us to maybe stop killing people, and maybe slow down in areas where we are killing people," he said.
The Senate voted 15-13 to approve the bill, with one member absent. It now moves to the House, where it faces significant headwinds before the legislative session concludes on Friday.
About The Author
Benjamin Wood
Lifelong Utahn Benjamin Wood has worn the mantle of City Weekly's news editor since 2021. He studied journalism at Utah State University and previously wrote for The Salt Lake Tribune, the Deseret News and Entertainment Weekly
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