Freedom from Automated Speed Enforcement Act of 2025
The Freedom from Automated Speed Enforcement Act of 2025 would require states to certify that no jurisdiction within the state operates an automated speed enforcement system (ASES, e.g., speed cameras) in order to avoid a cut in certain federal highway funds. If a state fails to submit this annual certification, the Secretary of Transportation must withhold 10% of the funding apportioned to that state from two categories under 23 U.S.C. 104(b) at the start of each fiscal year after 2026. The bill provides narrow exceptions allowing ASES in designated school zones during school hours and in active construction work zones under specific conditions (e.g., posted speed limits below 55 mph and clear construction-zone signage). It defines ASES as a device that captures vehicle images to issue speeding citations and operates without a police officer present. The Secretary may issue regulations to implement these provisions. In short, the bill uses funding leverage to prohibit or severely limit automated speed enforcement unless a state certifies that no jurisdiction within the state uses such systems, with limited carve-outs for certain school and construction zones.
Key Points
- 1Withholding of funds: The Secretary must withhold 10% of a state’s highway apportionments (two categories under 23 U.S.C. 104(b)) on the first day of each fiscal year after 2026 if the state fails to submit the required certification.
- 2Annual certification requirement: The Governor must certify that no jurisdiction in the state operates an automated speed enforcement system; the Secretary may audit or request documentation to verify the certification.
- 3Narrow exceptions for ASES: A state may operate an ASES in designated school zones during posted school hours and in active construction work zones, provided conditions include: (a) the overall zone has speed limits posted below 55 mph when not in an active construction zone, and (b) clear signage indicates a construction zone and the presence of an ASES.
- 4Definition of ASES: An automated speed enforcement system is any device that captures an image to issue a speeding citation and operates without a law enforcement officer present.
- 5Regulatory framework and clerical update: The Secretary of Transportation can issue regulations to implement the new section, and the act adds a new section (Sec. 180) to Chapter 1 of title 23 to codify these provisions.