(a) As used in this section:
(1) "Automated enforcement device" means a system operated by a county government or a department of state government that is operating outside of a municipality that:
(A) Uses a photo-radar device that is capable of detecting a speeding violation; and
(B) Photographs or records an image of the vehicle used in committing the violation, the operator of the vehicle, or the license plate of the vehicle; and
(2) "Municipality" means a city of the first class, a city of the second class, or an incorporated town.
(b) Except as used under subsection (c) of this section, an automated enforcement device shall not be used by a law enforcement agency of a county or a department of state government that is operating outside of a municipality to detect or enforce:
(1) A violation of the traffic laws or regulations of the State of Arkansas; or
(2) An ordinance of the municipality.
(c) (1) A county government or a department of state government that is operating outside of a municipality may use an automated enforcement device to detect and enforce a violation of traffic laws or ordinances:
(A) In a school zone; or
(B) At a railroad crossing.
(2) If a county or a department of state government that is operating outside of a municipality uses an automated enforcement device, then a certified law enforcement officer must:
(A) Be present with the automated enforcement device; and
(B) Issue the citation to the violator at the time and place of the violation.
(d) This section shall not prevent the Arkansas Highway Police Division of the Arkansas Department of Transportation from using automated enforcement devices to enforce state or federal motor carrier laws.
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