Redflex Above the Law?

As everyone has probably seen by now, Redflex has developed and deployed mobile photo enforcement units that are SUVs that are outfitted with photo enforcement equipment. You’ve probably seen these SUVs parked along the side of the freeway. But did you know it was illegal for them to park there? That’s right! Here’s what we’ve found.

ARS 28-871 clearly prohibits parking on the side of freeways and highways in the state of Arizona:

A. On a highway outside of a business or residence district, a person shall not stop, park or leave standing a vehicle, whether attended or unattended, on the paved or main traveled part of the highway if it is practicable to stop, park or leave the vehicle off that part of the highway.

Section B gives an exemption to mail carriers and disabled vehicles.

ARS 28-873 prohibits parking on sidewalks and on the side of a freeway:

A. Except if necessary to avoid conflict with other traffic or if in compliance with law or the directions of a police officer or traffic control device, a person shall not stop, stand or park a vehicle in any of the following places:

1. On a sidewalk.


15. On a controlled access highway except:

(a) For emergency reasons.

(b) In areas specifically designated for parking such as rest areas.

Section B provides an exemption which is basically for public or school buses or similar vehicles.

ARS 28-875 provides an exception for law enforcement:

The stopping, standing or parking restrictions provided in this article do not apply to a police or peace officer when the stopping, standing or parking is for the purpose of actual performance of a law enforcement duty.

As discussed in the previous blog entry, Redflex and ATS are not law enforcement and are not police or peace officers. They are photographers operating with a contract to the Department of Public Safety. There are no exemptions for photographers or vendors to DPS.

The only possible exemption again is a possible designation of specialty peace officer status by DPS. I will not reprint the argument here because the previous blog entry debunks this possibility.

DPS will tell you that they do not make the laws, they only enforce them. As such, they have no say in whether or not Redflex, ATS, and any other similar companies are exempt from any laws.

Redflex and ATS are operating their vans in violation of the law, and DPS is allowing them to do so.

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5 Comments

  1. Mike
    Posted February 2, 2009 at 2:49 pm | Permalink

    Its legal for them since every van driver is a duly authorized DPS agent who has completed a DPS background etc and has special authority from the director. Same reason that they dont need a P.I. license.

    Nice guesswork though

  2. photoradarscam
    Posted February 2, 2009 at 9:52 pm | Permalink

    Please identify the statutes that either a) specify that DPS has the power to authorize agents other than specialty peace officers or b) specifies these exceptions.

    The DPS does not have powers not expressly given to them by statute. DPS cannot decide who is exempt from a law.

  3. Mike
    Posted February 3, 2009 at 4:33 am | Permalink

    28-1593B Duly Authorized Agent

  4. photoradarscam
    Posted February 3, 2009 at 6:07 am | Permalink

    This statute is with regard to serving complaints only. In this statute, a duly authorized agent would be a registered process server. We do not contest DPS’ ability to hire process servers to serve complaints.

    Try again.

  5. eric
    Posted March 28, 2009 at 6:58 pm | Permalink

    sounds like you (photoradarscam) need to grow up and quit speeding and running redlights and maybe focus your attention on something else beside harassing the LAW instead of ways to get out of trouble that you have created for yourself.

    FYI, I have a clean driving record. If you would please spend some time and read this site carefully, you will better understand the informative nature of this website. We are not trying to get away with anything. We support the enforcement of traffic laws with humans, not machines. –admin


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  1. […] adorned with DPS insignia, they are unarmed, the are untrained as peace officers, and they are illegally parked on the side of high-speed roadways. This is a recipe for disaster if I’ve ever seen one, and […]

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