Traffic Camera Tickets In Tennessee: Do You Have To Pay?

Red light traffic cameras have been a topic of debate in Tennessee for over a decade. While some argue that these cameras improve road safety, others, including lawyers and lawmakers, question the requirement to pay the fines associated with them. This issue has led to discussions and proposed changes to the law, but as of 2024, the law remains unclear. So, do you have to pay traffic camera tickets in Tennessee?

Red light camera tickets in Tennessee don't add points to your license

Red light cameras in Tennessee have been a source of controversy for quite some time. Many people have questioned whether they are required by law to pay off red light camera tickets. While some sources suggest that you don't have to pay these tickets, others argue that while you may choose not to, there are consequences for non-payment.

According to Tennessee state law, a red light camera ticket is considered a non-moving traffic violation. This means that it does not add points to your driver's license and cannot negatively impact your driving record. Additionally, state law mandates that all traffic camera citations must include a disclaimer in bold letters stating that non-payment of the violation will not affect your driver's license, car insurance rates, or credit report. This is in contrast to receiving a physical ticket from a police officer, which requires payment to avoid legal repercussions.

However, it's important to note that while there may be no direct impact on your license or insurance, there are other potential consequences to non-payment. The city has the authority to take you to court to collect the fine, and while it's rare, it is within their power to do so. Additionally, prosecutors may be less inclined to dismiss other traffic violations if they notice outstanding red-light camera tickets.

The debate over the effectiveness and legality of red light cameras in Tennessee has been ongoing. Some people, like former State Representative Andy Holt, have actively encouraged residents not to pay their red-light camera tickets, even going so far as to burn a citation he received. Holt introduced a bill, HB 1656, aimed at making it more difficult for cities to issue citations from red light cameras, but it was struck down by lawmakers.

In conclusion, while red light camera tickets in Tennessee don't directly add points to your license or affect your insurance rates, there are still potential consequences to consider. The best course of action is to stay informed about your rights and responsibilities and make decisions accordingly.

You may be taken to court for not paying a traffic camera ticket

In Tennessee, a traffic citation based on evidence from an unmanned traffic enforcement camera is considered a nonmoving traffic violation. If a violation is detected, a notice of violation or citation is sent by first-class mail to the registered owner of the vehicle. This notice will include the amount of the fine and any additional fees or court costs that may be incurred if the fine is not paid on time. The registered owner of the vehicle is responsible for paying the fine, unless they provide an affidavit stating that someone else was in control of the vehicle at the time of the violation.

While a traffic camera ticket in Tennessee will not add points to your license, you may still be taken to court for non-payment. According to Tennessee state law, non-payment of a traffic camera ticket cannot have a negative impact on your driver's license, car insurance rates, or credit report. However, the city of Memphis, for example, can take you to court to collect the $50 ticket. Attorney Murray Wells states that most cases do not get that far, as the city knows that if the defendant shows up with a lawyer, the case may be dismissed or appealed, potentially cutting off the city's revenue stream from these tickets.

While some people, including former State Representative Andy Holt, have urged Tennesseans not to pay these tickets, others have paid them off to avoid any potential long-term effects on their driver's license or credit. However, according to Lenagar & Barnes, Tennessee State Law requires each citation to state in large bold letters that non-payment cannot impact the driver's license, insurance rates, or credit report.

In summary, while you may be taken to court for non-payment of a traffic camera ticket in Tennessee, it is unlikely that the case will proceed, and even if it does, it will not affect your driver's license, insurance, or credit.

Traffic camera tickets are considered civil citations, not criminal

The distinction between civil and criminal citations is important because it determines the severity of the penalties and consequences. Civil infractions, such as those captured by traffic cameras, usually result in fines and increased insurance premiums. On the other hand, criminal traffic violations can lead to jail time, hefty fines, license suspension, and other severe penalties.

In Tennessee, red light camera tickets do not add points to your license and are not considered criminal offenses. The citations are issued by mail to the registered owner of the vehicle, and the owner has the option to pay the fine or contest the ticket in court. While some people choose to pay the fine to avoid potential long-term effects on their driver's license or credit, it is not a legal requirement to do so. Tennessee State Law mandates that each citation must include a disclaimer in bold letters stating:

> "NON-PAYMENT OF THIS VIOLATION CANNOT HAVE A NEGATIVE IMPACT ON YOUR DRIVER'S LICENSE, CAR INSURANCE RATES, OR CREDIT REPORT."

This disclaimer makes it clear that non-payment of a traffic camera ticket will not result in criminal consequences. However, it is important to note that each state has its own laws regarding traffic camera tickets, and the consequences may vary depending on the jurisdiction.

While traffic camera tickets in Tennessee are considered civil citations, it is always advisable to seek legal advice if you are unsure about your specific situation or if you plan to contest the ticket in court. Consulting with a local attorney can help you understand your rights and options.

Municipalities must conduct a traffic engineering study before installing a new unmanned traffic enforcement camera

In Tennessee, red light cameras have been in use in Memphis for over a decade. In 2019, the citations from those cameras brought in $3 million to the city. While many people have taken issue with the ticket program, the law states that you still have to pay off your tickets from these cameras. However, Tennessee State Law requires each citation to include the following statement in large bold letters:

> "NON-PAYMENT OF THIS VIOLATION CANNOT HAVE A NEGATIVE IMPACT ON YOUR DRIVER’S LICENSE, CAR INSURANCE RATES, OR CREDIT REPORT."

While the city can take you to court to collect the ticket, most cases do not get that far.

Public Chapter No. 425 (HB1500/SB1684), T.C.A. § 55-8-198, made significant changes to the traffic enforcement camera landscape. One of the foremost changes is the requirement that a municipality conduct a traffic engineering study prior to the installation of a new unmanned traffic enforcement camera. This study must be completed in accordance with the standard engineering practices of the Institute of Transportation Engineers (ITE) and certified by a licensed engineer specializing in traffic engineering. A traffic camera vendor is prohibited from conducting the study or participating in the selection of the engineer.

The legislation also places hurdles on municipalities to ticket vehicles turning right (and left onto a one-way) at red lights. To ticket a vehicle for failure to come to a complete stop before turning at a red light, the evidence must clearly show the vehicle with a front tire before the stop line and subsequently show the same vehicle with a rear tire past the stop line while the signal is red. Furthermore, to ticket a vehicle for making an unlawful right turn on red, a clearly marked "No Turn on Red" sign must be in place.

With respect to speed cameras, the legislation prohibits any unmanned camera within one mile of a reduction of the speed limit of 10 or more miles per hour. This provision does not apply to reductions in and around school zones. All cameras, whether monitoring for speed or other violations, must be preceded by signage 500 to 1,000 feet in advance.

A POST-certified officer must review the evidence and decide on a citation

In Tennessee, there is some confusion over whether red light camera tickets are enforceable. While some people have taken issue with the ticket program, urging others not to pay their tickets, the city of Memphis has taken people to court to collect the $50 fine. However, according to attorney Murray Wells, these cases rarely get that far.

Tennessee state law requires that each citation must include the following statement:

> NON-PAYMENT OF THIS VIOLATION CANNOT HAVE A NEGATIVE IMPACT ON YOUR DRIVERS LICENSE, CAR INSURANCE RATES, OR CREDIT REPORT.

This means that, while there may be no legal requirement to pay these tickets, some people do so to avoid any potential long-term effects on their driver's license or credit.

In Tennessee, a POST-certified officer refers to a law enforcement officer certified by the Tennessee Peace Officer Standards and Training (P.O.S.T.) Commission. The Commission is the primary regulatory body for Tennessee law enforcement and is responsible for developing and enforcing standards and training for all local police officers. This includes certifying law enforcement training instructors, curricula, and specialized schools.

The process for a POST-certified officer to review evidence and decide on a citation will vary depending on the specific circumstances and the policies of the law enforcement agency involved. However, as part of their basic training, all POST-certified officers will have received instruction in evidence collection and preservation, as well as the legal procedures for issuing citations and making arrests. In reviewing the evidence, the officer will need to consider the relevant laws and regulations, the facts of the case, and any applicable evidence or witness statements. The officer will then use their professional judgment to decide whether there is sufficient evidence to issue a citation.

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