This text of Alabama § 45-16A-40.03 (Notice of Violation; Civil Penalty) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Prior to imposing a civil penalty pursuant to this subpart, the town shall first mail a notice of violation by certified U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by the automated photographic speeding enforcement system that committed a speeding violation. The notice shall be sent not later than the 30th day after the date the speeding violation is recorded to the following:
(1)The owner’s address as shown on the registration records of the Alabama Department of Revenue.
(2)If the vehicle is registered in another state or country, to the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.
(3)If a traffic violation is
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(a) Prior to imposing a civil penalty pursuant to this subpart, the town shall first mail a notice of violation by certified U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by the automated photographic speeding enforcement system that committed a speeding violation. The notice shall be sent not later than the 30th day after the date the speeding violation is recorded to the following:
(1) The owner’s address as shown on the registration records of the Alabama Department of Revenue.
(2) If the vehicle is registered in another state or country, to the owner’s address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Alabama Department of Revenue.
(3) If a traffic violation is based on the vehicle identification number, and the registered owner of the vehicle is a rental car business, the law enforcement agency, before issuing a notice of violation, shall provide a written notice to the rental car business that a notice of violation may be issued to the rental car business if the rental car business does not, within 30 days of receiving written notice, provide to the issuing agency by return mail a statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the violation occurred.
(b) A notice of violation issued under this subpart shall contain all of the following:
(1) Description of the speeding violation alleged.
(2) The date, time, and location of the violation.
(3) A copy of recorded images of the vehicle involved in the violation.
(4) The amount of the civil penalty to be imposed for the violation.
(5) The date by which the civil penalty must be paid.
(6) A statement that the person named in the notice of violation may pay the civil penalty in lieu of appearing at an administrative adjudication hearing.
(7) Information that informs the person named in the notice of violation of the following:
a. The right to contest the imposition of the civil penalty in an administrative adjudication.
b. The manner and time in which to contest the imposition of the civil penalty.
c. That failure to pay the civil penalty or to contest liability is an admission of liability.
(8) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty.
(9) A statement that failure to pay the civil penalty within the time allowed shall result in the imposition of a late penalty not exceeding twenty-five dollars ($25).
(10) Any other information deemed necessary by the town.
(c) A notice of violation under this subpart is presumed to have been received on the 10th day after the date the notice of violation is placed in the U.S. mail.
(d) The civil penalty imposed shall be paid within 30 days of the 10th day after the date the notice of violation is mailed.
(e) It shall be within the discretion of the trained technician to determine which of the recorded speeding violations are prosecuted based upon the quality and legibility of the recorded image. In lieu of issuing a notice of violation, the town may mail a warning notice to the owner during the initial warning period.