It appears that there is yet another illegality with regard to the Arizona state photo enforcement program. This oversight invalidates all citations issued as a result of mobile scam vans! Follow along:
B – 1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.
C. Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways adopted by the director pursuant to section 28-641.
D. If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.
The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. Except as provided in section 28-2416, the uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices (MUTCD) for streets and highways prepared by the national joint committee on uniform traffic control devices.
So now we look at the MUTCD:
Section 2A.18 requires the sign to be at least 5ft off of the ground:
Signs installed at the side of the road in rural districts shall be at least 1.5 m (5 ft), measured from the bottom of the sign to the near edge of the pavement.
This is the most lenient standard… other standards require a height of at least 7 ft. Even temporary signage must conform to this standard. Think about it! The reason for the height requirement is to ensure visibility. You can’t ensure good visibility if the sign is sitting on the ground!
Section 2C.03 Design of Warning Signs
All warning signs shall be diamond-shaped (square with one diagonal vertical) with a black legend and border on a yellow background unless specifically designated otherwise. Warning signs shall be designed in accordance with the sizes, shapes, colors, and legends contained in the “Standard Highway Signs” book.
It should also be noted that the Photo Enforcement Zone sign is not in the list of approved signs.
While we are not legal experts, it does appear on the outset that the mobile van signage is illegal and any citations issued by them should be dismissed by the court. If you do try this as your defense, let us know how it goes!