H.R. 5394

119 HR 5394 IH: Freedom from Automated Speed Enforcement Act of 2025
 U.S. House of Representatives
 2025-09-16
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 5394  IN THE HOUSE OF REPRESENTATIVES   September 16, 2025   Mr. Harrigan  (for himself,  Mr. Crenshaw ,  Mr. Moore of Alabama ,  Mr. Perry , and  Mr. Rulli ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure    A BILL
To amend  chapter 1  of title 23, United States Code, to withhold from a State certain highway funds if the State operates an automated speed enforcement system, and for other purposes.
1.
Short title
This Act may be cited as the   Freedom from Automated Speed Enforcement Act of 2025  .
2.
Automated speed enforcement system
(a)
In general
 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 noncompliance
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).
(b)
Annual certification
(1)
In general
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.
(2)
Audit
To verify such certification, the Secretary may conduct an audit or require documentation as the Secretary determines necessary.
(c)
Exception for school and work zones
Notwithstanding 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 system
In 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.
 .
(b)
Regulations
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).
(c)
Clerical amendment
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.
  .