If your business owns pickups, work trucks, or service vans, you have probably opened a Notice of Violation from a city or county red light camera program. Because the truck is registered to the company, the notice is addressed to the company. Many owners simply pay the $158 and move on. That habit costs real money over a year, and it removes accountability from the person who actually ran the light. Florida law gives vehicle owners a better option: a sworn affidavit that identifies who was driving. Used correctly and backed by solid HR policy, it puts the citation where it belongs. (FL Stat 316..0083)

Florida’s Red Light Camera Law

Red light cameras in Florida are governed by Section 316.0083, Florida Statutes. When a camera captures a violation, the registered owner is presumed responsible unless the owner establishes, by sworn affidavit, that a statutory exemption applies. The most common exemption for employers is that the vehicle was in the care, custody, or control of another person at the time. In the Notice of Violation (NOV) stage, the company may pay the penalty (typically $158), request a hearing, or submit an affidavit. Action is required within 30 days from the citation’s issuance.

Using the Affidavit Process to Shift Citation to Driver

Florida allows for a shift of responsibility to the driver. Step 1: Identify the Driver. Match the date, time, and location on the notice to your truck assignment log, GPS/telematics data, fuel card records, or crew schedules. Review the photos or video link on the notice. Step 2: Talk to Employee. Show the employee the images and confirm they were driving. Step 3: Get Current Affidavit form. Use the form included with the notice or posted by the issuing city, county, or clerk. Forms vary by jurisdiction. Step 4: Complete Driver Information and Sign. Florida requires the name, address, date of birth, and, if known, driver license number of the person who had care, custody, or control of the vehicle. An authorized company officer or manager signs on the company’s behalf, and most forms must be sworn before a notary. Step 5: Submit Within Deadline. Send it to the agency listed on the notice, by a trackable method if mailed, and keep a copy with the confirmation. Once received the agency will dismiss the citation and reissue a new notice to the named driver.

HR Policies That Make This Work

To help make this process work for your company, there are some recommended policies. In your Company Vehicle Use or Driving Policy, state that drivers are personally responsible for traffic and camera violations in company vehicles and that the company will transfer liability by affidavit when permitted by law. It is best practice to have every driver sign an acknowledgment. Maintain accurate records of the trucks assigned to employees, and consider telematics and GPS systems to identify the driver with great accuracy. Transferring the citation is a cleaner option that paying it and deducting it from wages. There are specific wage and hour rules for making deductions from salaried and hourly employees. Maintain records on notices, affidavits and truck assignment logs, along with insurance paperwork, for easy access.

Every red light camera ticket on a company truck creates a choice: pay for an employee’s driving or hold the driver accountable through a simple, legal process. #redlightcamera #316.0083 #floridafleetpolicy