HR5394-119

1. Short title This Act may be cited as the Freedom from Automated Speed Enforcement Act of 2025.

2. Automated speed enforcement system Chapter 1 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year, beginning after September 30, 2026, in which the State fails to submit the certification described in subsection (b). To be in compliance under subsection (a), the Governor of a State shall submit to the Secretary a certification that no jurisdiction in such State operates an automated speed enforcement system. To verify such certification, the Secretary may conduct an audit or require documentation as the Secretary determines necessary. Notwithstanding subsection (b), a State may operate an automated speed enforcement system in— a designated school zone during posted school hours; and an active construction work zone— for the duration of the construction project; and if— when the location in which the automated speed system is operating is not an active construction work zone, the posted speed limit is less than 55 miles per hour; and such zone displays clear signage indicating that— the area is a construction zone; and there is an automated speed enforcement system in use. In this section, the term automated speed enforcement system means any device that— captures an image of a vehicle for the purpose of issuing a citation for exceeding a speed limit; and operates without the presence of a law enforcement officer. The Secretary of Transportation may issue such regulations as are necessary to carry out section 180 of title 23, United States Code (as added by this Act). The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 180.Automated speed enforcement system (a)Withholding of apportionments for noncomplianceThe Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year, beginning after September 30, 2026, in which the State fails to submit the certification described in subsection (b). (b)Annual certification (1)In generalTo be in compliance under subsection (a), the Governor of a State shall submit to the Secretary a certification that no jurisdiction in such State operates an automated speed enforcement system. (2)AuditTo verify such certification, the Secretary may conduct an audit or require documentation as the Secretary determines necessary. (c)Exception for school and work zonesNotwithstanding subsection (b), a State may operate an automated speed enforcement system in— (1)a designated school zone during posted school hours; and (2)an active construction work zone— (A)for the duration of the construction project; and (B)if— (i)when the location in which the automated speed system is operating is not an active construction work zone, the posted speed limit is less than 55 miles per hour; and (ii)such zone displays clear signage indicating that— (I)the area is a construction zone; and (II)there is an automated speed enforcement system in use. (d)Definition of automated speed enforcement systemIn this section, the term automated speed enforcement system means any device that— (1)captures an image of a vehicle for the purpose of issuing a citation for exceeding a speed limit; and (2)operates without the presence of a law enforcement officer.. 180. Automated speed enforcement system..

180. Automated speed enforcement system The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each fiscal year, beginning after September 30, 2026, in which the State fails to submit the certification described in subsection (b). To be in compliance under subsection (a), the Governor of a State shall submit to the Secretary a certification that no jurisdiction in such State operates an automated speed enforcement system. To verify such certification, the Secretary may conduct an audit or require documentation as the Secretary determines necessary. Notwithstanding subsection (b), a State may operate an automated speed enforcement system in— a designated school zone during posted school hours; and an active construction work zone— for the duration of the construction project; and if— when the location in which the automated speed system is operating is not an active construction work zone, the posted speed limit is less than 55 miles per hour; and such zone displays clear signage indicating that— the area is a construction zone; and there is an automated speed enforcement system in use. In this section, the term automated speed enforcement system means any device that— captures an image of a vehicle for the purpose of issuing a citation for exceeding a speed limit; and operates without the presence of a law enforcement officer.