California: City Profits From Right Turn Trap

Los Angeles, California red light camera racks up $500 tickets with a split-second mistiming.

An intersection in Los Angeles, California is billing drivers nearly $500 for making a turn in the split-second before a permissive green turn arrow appears. Los Angeles hired American Traffic Solutions to operate thirty-two cameras in order to generate about $4 million a year in revenue. The cameras now pounce on drivers making technical mistakes on right-hand turns.

Motorist Stephen Lo found this out the hard way while driving his 2004 Nissan 350Z at the intersection of Sepulveda and Victory Boulevards at around 1:30pm on January 4. As he slowed to make his turn, looking both ways, a 0.6 second gap appeared between the end of the yellow light and the illumination of the green arrow. Because Lo was caught in between the split-second lag between the lights, the photographic evidence showed him apparently breaking the law. A look at the video evidence, however, shows that the vehicle’s front wheels had barely entered the intersection by the time that the green arrow appeared.

“I might just decide to pay the ticket,” Lo told TheNewspaper. “I weighed my options and I don’t have time to go into court to battle this out.”

Lo found himself in the company of about 80 percent of recipients of tickets in Los Angeles who were billed for making rolling right hand turns, according to a 2008 Los Angeles Times report. Despite the heavy focus on right-hand turns for citations, of the 1926 collisions reported at enforced locations between 2006 and 2008, only 2.6 percent were caused by “unsafe turns” — a figure which includes the much more common left-hand turn collisions.

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Texas Cities Shut Down Cameras After Public Vote

Houston, Texas sues red light camera company while Baytown, Texas schedules shut down of program next week.

Red light cameras are no longer issuing tickets to motorists in America’s fourth-largest city. The Houston, Texas city council on Monday canvassed the results of the November 2 vote and ordered the cameras unplugged. In the nearby city of Baytown, red light cameras will be disabled at midnight on November 26.

“The voting public has spoken,” Houston City Attorney David M. Feldman wrote Monday in a letter to Jim Tuton, CEO of the camera contractor American Traffic Solutions (ATS). “Houston must follow the mandate of the electorate. Houston hereby terminates its contract with ATS. This termination is effective immediately. ATS is required to turn off all red light cameras installed and/or monitored by reason of the contract and ATS is to do so immediately.”

ATS is upset, and wants financial compensation, because the city terminated the ticketing contract before its 2014 expiration date. Given the massive amount of revenue generated by the program — $17,760,900 worth of tickets were mailed in 2009 — Houston Mayor Annise Parker initially attempted to ignore the results of the vote and to keep issuing tickets for another four months to cover the damages to ATS. It eventually became clear that Parker lacked the votes on the council for this option. On Monday, she filed suit in federal court against ATS.

“Houston… requests this court, after consideration, to declare the rights and obligations of the parties under the express terms of the contract,” Feldman wrote in the brief to the court. “Specifically, a controversy has arisen between Houston and ATS with respect to the interpretation of certain terms and conditions of the contract and parties’ rights and obligations with regard to termination of the contract in light of the results of the election on the Proposition 3 measure.”

For its part, ATS has pledged in public to cooperate fully while vowing to pursue the “difference of opinion” regarding the city’s contract termination payment obligation. US District Court for the Southern District of Texas Judge Lynn N. Hughes has scheduled a pretrial conference on the matter for February 7, 2011.

After Baytown shuts down its cameras next week, all of the photo enforcement elections for the year will be complete. Officials in Garfield Heights, Ohio shut down cameras immediately after seeing the will of the voters. Anaheim, California; Mukilteo, Washington and Sykesville, Maryland had cameras blocked before they could be installed (Anaheim’s referendum was sponsored by the mayor and city council who wanted to prevent future administrations from installing the devices).

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New York City Launches Bus Lane Ticket Cameras

New York City, New York installed automated cameras to issue tickets for straying momentarily into a bus lane.

Automated cameras will begin issuing tickets to the owners of vehicles that momentarily stray into bus lanes in New York City, New York beginning Monday. The cash-strapped metropolis imported the idea from London where a similar system generated 293,000 citations and more than £35 million (US $56 million) in 2008. New York’s bus lane tickets will run between $115 and $150 each.

The project marks one of the first uses of automated enforcement in the United States that drops the pretense of being a safety measure. The stated purpose of the new cameras is to give buses a travel priority over automobile traffic.

“We have already been able to speed up travel times along First and Second Avenues by more than 15 minutes and these cameras will help to further improve service,” Metropolitan Transportation Authority Chairman Jay H. Walder said in a statement.

By reducing the space available to general-purpose traffic with the bus lanes, city officials also hope to add to the already considerable amount of congestion so that motorists would be encouraged to exchange their personal automobiles for public bus rides. The initial cameras are located on First and Second Avenues. Additional automated ticketing machines are planned for 34th Street in Manhattan and Fordham Road in the Bronx.

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California Governor Signs, Vetoes Red Light Camera Bills

California governor signs bill guaranteeing state revenue from red light cameras, vetoes bill reducing right turn camera fine.

California Governor Arnold Schwarzenegger (R) last week approved one bill and vetoed another, ensuring that the state government would maximize its share of red light camera revenue. On Wednesday, Schwarzenegger blocked legislation that would have slashed the fine for rolling right turn on red from $500 to $250.  The potential loss of income from the change raised opposition outside the legislature.

The California League of Cities referred to the bill as a “de facto prohibition” on red light cameras because turning tickets account for up to 90 percent of the tickets issued in many jurisdictions. The state collects about $175 from each turning ticket, an amount that would have been cut in half had the bill been signed. The resulting reduction would cost the cash-strapped state government millions every year.

“I am returning Assembly Bill 909 without my signature,” Schwarzenegger wrote in his veto message. “A driver running a red-light, whether they are traveling straight, or turning right, makes a very dangerous traffic movement that endangers the nearby motoring public, bicyclists, and pedestrians. Modifying existing law to make red-light violations from a right turn less egregious sends the wrong message to the public that California is tolerant of these types of offenses. It is our responsibility to protect the motoring public and not increase the risk of traffic collisions. Therefore, I am unable to sign this bill.”

Because of the slow speeds involved, right-turn on red collisions are extremely rare. According to US Department of Transportation statistics, one could drive over a billion miles before being involved in such a crash. On Thursday, Schwarzenegger signed a separate bill into law whose primary purpose was to ensure the state would keep its $175 share of all photo enforcement fines — including those from right turns.

A number of jurisdictions had turned to creating “administrative tickets” for red light camera fines and regular speeding tickets as a means of cutting the state and county out of the process. By citing motorists under municipal ordinances instead of under the state vehicle code, cities reduced the cost of a ticket from $500 each to $150 for the first offense, $300 for a second and $500 for a third. Instead of splitting the revenue with the state and county, however, the city kept all of it. Senate Bill 949 cancels this practice by explicitly denying localities authority to issue such tickets for offenses covered by the state vehicle code.

“This section does not authorize a local authority to enact or enforce an ordinance or resolution that establishes a violation if a violation for the same or similar conduct is provided in this code, nor does it authorize a local authority to enact or enforce an ordinance or resolution that assesses a fine, penalty, assessment, or fee for a violation if a fine, penalty, assessment, or fee for a violation involving the same or similar conduct is provided in this code,” the new law states.

The law takes effect on July 1, 2011. Because the administrative tickets did not report citations to the Department of Motor Vehicles, the citations did not carry license points. This irked companies like AAA, which makes money from raising insurance rates on recipients of license points, and companies that sponsor traffic schools, because motorists only take the school to keep points from going on their driving record.

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California: Red Light Camera Programs Face Class Action Suit

Bruce L. SimonA team of experienced class action lawyers is taking on California’s red light camera industry, and photo enforcement companies are expressing unease. Last month, the law firm of Pearson Simon Warshaw and Penny, LLP filed suit in San Mateo County Superior Court arguing that tickets issued throughout the Golden State since January 1, 2004 should be refunded where the photo enforcement contracts violated a state law mandating flat-rate compensation to companies like Redflex Traffic Systems. Redflex referred to the case as a particular business risk in an August 25 filing with the Australian Securities Exchange.
“The level of litigation industry‐wide has continued to be widespread with the majority of suits testing the constitutionality or administrative legitimacy of road safety enforcement programs,” Redflex explained. “A number of class action lawsuits involving others in our industry and Redflex have been filed challenging the pricing models used in several states alleging violation of cost neutrality laws as well as the admissibility of business records in court. We continue to aggressively defend against these claims.”
An aggressive defense will not come cheap. The firm spent $4.3 million to fend off a lawsuit filed by competitor American Traffic Solutions (ATS), even though the Australian firm won the case. Should this class action make it to trial, Redflex and co-defendant ATS could end up financially responsible for contracts in the fifty-nine jurisdictions identified as having the questionable language.
In the city of San Mateo, for example, Redflex is paid $120 for each $446 ticket issued at each red light camera intersection up to a monthly cap of $6030 per intersection. This so-called cost neutrality arrangement allows the city to have a guarantee that the cameras will never under any circumstances lose money. The class action suit argues that such clauses violate a state law prohibiting per-ticket compensation arrangements for automated ticketing contracts.
“Through their employees and agents, RTS, ATS and the Doe defendants, as defined below, entered into illegal contracts with public entities in California, operated automated traffic enforcement equipment in California and caused tickets to be issued to plaintiff and class members throughout California,” attorneys Bruce L. Simon and William J. Newsom wrote in the court filing.
The suit does not ask that existing convictions be overturned, but that Redflex and ATS pay damages for the amount of revenue the companies have collected from their unlawful business practices. The appellate divisions of both Orange County and San Mateo County  courts have already ruled “cost neutral” contract provisions are illegal, but the decisions have not been published. Only a handful of cities like San Mateo and San Carlos have dropped the cost neutral provisions. Contractors in these cities would still be sued for the amount of revenue generated prior to the contract revisions.
The lawsuit asks the court to declare all cost neutral contracts illegal and issue an injunction against all programs operating under such arrangements. It also asks for a full refund of all fines paid, plus appropriate punitive damages.

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Arizona Shuts Down Freeway Speed Cameras

Tickets are no longer being mailed based on evidence created by freeway speed cameras in the state of Arizona. After a year-long campaign against the devices, activists succeeded in convincing Governor Jan Brewer (R) to end the photo enforcement contract that her predecessor, Janet Napolitano (D) signed. As a result, the cameras were remotely shut down at 12:00am today.
In January 2008, Napolitano’s budget predicted that 100 speed cameras would issue $165 million worth of tickets by 2010. Only 36 fixed and 42 mobile cameras were ultimately used, and the Australian company in charge of the program, Redflex Traffic Systems, mailed 1,105,935 tickets worth $200,727,202. Unfortunately for the state budget, two out of three recipients threw their citations in the trash on the advice of groups like CameraFraud and newspapers like the Phoenix New Times who correctly pointed out that unserved tickets were invalid. Only 432,367 citations were paid.
Photo enforcement advocates insist that taking down the cameras will result in a ten-fold increase in speeding and accidents. Opponents counter that the other side is making false claims to protect a highly profitable enterprise.
“The spokesman for Redflex is throwing out bogus figures in an attempt to fool the public into fearing other drivers on the road — it’s pure desperation,” CameraFraud’s Shawn Dow said “Arizona’s photo radar program was a complete failure. Neither Janet [Napolitano] nor the cameras are welcome back in Arizona.”
As an example of the false claims, Redflex and DPS both claimed that the freeway photo radar program was the first of its kind in the US, with the claim blindly repeated in publications such as the New York Times and Arizona Republic. In 2001, the state of Hawaii signed a contract with a different Arizona company to run freeway speed cameras. The “talivans” as they were popularly known sparked such a revolt that the legislature had no choice but to end the program prematurely. Illinois started its own modest freeway camera program more than a year before Arizona’s program started.
The same backlash that hit Hawaii struck in Arizona, and Dow intends to bypass the state legislature and use the local initiative process to shut down the remaining municipal cameras on a city-by-city basis. His first target is Paradise Valley, which is not the oldest speed camera program — speed cameras were operational in Texas in the 70s — but rather the oldest program that is still operating. According to Dow’s figures, a majority of the city’s registered voters signed the statewide petition to end photo radar. The localized version of the initiative now includes a provision calling for the refund of all camera citations collected.
“Paradise Valley is going to pay the price for twenty-three years of scamming the citizens out of their money,” Dow said.
Dow hopes to get several local initiatives on the November ballot, joining four confirmed ballot votes in cities as large as Houston, Texas. By November 2011, he predicted there would be no more speed or red light cameras in the state of Arizona. Photo enforcement has never survived a public vote.

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Congress Turns Sour On Red Light Cameras

US House Transportation subcommittee discusses possible legislation to increase yellow time at red light camera locations.

At a congressional hearing Wednesday, members expressed increasingly skeptical views toward the safety claims made by the usual cast of advocates for photo enforcement. The US House Transportation Subcommittee on Highways and Transit invited five representatives of the familiar groups that advocate expanded use of red light cameras and speed cameras. In presentations before the committee and written testimony, however, members seemed to be more swayed by what the two camera opponents that appeared had to say.

“I had never heard, until I read the testimony, about people potentially tinkering with the yellow light period,” subcommittee Chairman Peter DeFazio (D-Oregon) explained in an interview following the hearing.

Cities in DeFazio’s congressional district, which covers the southwest corner of the state, have not embraced cameras. For that reason, DeFazio said he previously had not given much thought to the issue. The hearing was scheduled at the request of ranking member John J. Duncan (R-Tennessee). The city of Knoxville, which is in his district, uses cameras and has stirred up his constituents.

“A lot of people talked to me about it,” Duncan said. “In addition, it was a real controversial thing in the last session of the Tennessee legislature.”

Georgia state Representative Barry Loudermilk (R-Cassville) appeared before the committee to testify regarding the controversy in his state over the use of red light cameras and his proposed solution to the problems the machines raised.

“We started realizing that there was a questionable effect on safety,” Loudermilk said. “Accident rates have increased at several key intersections in the state… There was a financial incentive created by the use of red light cameras that local governments were no longer induced to seek out proven engineering methods to improve intersection safety. As a result, we passed House Bill 77… The key component of House Bill 77 was requiring an additional second to be added to the yellow time at any intersection that operates photo enforcement.”

The benefit of the change was immediate. Violations plunged up to 81 percent and several cities dumped their photo ticketing programs once they no longer were profitable. Dan Danila with the National Motorists Association pointed out how unpopular ticketing programs have been rejected in eleven cities and by fifteen states. DeFazio picked up on the unpopularity by noting that private companies like Redflex and American Traffic Solutions failed to appear at the hearing.

“We did invite vendors, and they refused,” DeFazio said during the hearing. “I thought of subpoenaing them, but we have lots of other things to do. I find it disturbing that none of them wanted to come and talk about what a great thing they’re doing for America here.”

DeFazio suggested he would like to see national legislation to address some of the problems. Such laws would only apply in cases where federal safety grants are distributed to localities to fund the use of automated ticketing machines.

“If you were going to use federal funds for automated traffic enforcement, we want to see that you’ve gone through a thoughtful process and evaluated other alternatives and that this is for safety, not revenue purposes,” DeFazio said after the hearing.

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Houston, Texas Expects Referendum On Red Light Cameras

Houston, Texas likely to become the largest city to date to vote on banning red light cameras.

Residents of America’s fourth largest city will likely have the chance to vote to banish red light cameras on November 2. Houston, Texas joins three other cities where a referendum on automated enforcement is virtually assured a place on the ballot. The city council in Anaheim, California and a grassroots effort in Baytown, Texas and Mukilteo, Washington succeeded in meeting the requirements to let voters decide. Other signature gathering efforts continue nationwide.

“The story from Houston is that we’ve reached our number, but we’re going to continue to collect signatures because we fully expect the opposition to spend at least half-a-million dollars to try to knock off private citizen signatures one-by-one,” campaign manager Philip Owens told TheNewspaper. “They do not want the people to vote… They know once it’s on the ballot, they’re going to have to spend a whole lot more.”

Placing a measure on the city ballot requires 22,000 valid signatures. The Citizens Against Red Light Cameras effort, led by the brothers Paul and Randy Kubosh, will spend the remaining few weeks to push their total over the top to thwart any challenge. The Houston group’s highly organized effort used a combination of mass mailing and pavement pounding to get the word out.

“Collecting petitions the old-fashioned way in this heat is tough,” Owens said. “We’re getting very, very positive response door-to-door… I can’t think of anybody who supports the cameras other than the people being paid by the camera company right now.”

American Traffic Solutions (ATS), the private company that operates the red light cameras in return for a cut of the profit generated, has already poured millions into an advertising and lobbying blitz in a desperate attempt to keep the program alive. ATS retained the high-dollar Begala-McGrath public relations firm to create the appearance of a “grassroots” presence in support of automated enforcement. The same effort in College Station failed, despite the firm’s use of paid, out-of-town employees brought in by bus to appear on street corners to support camera use as if they were residents. So far, photo enforcement has never survived a public vote. With the Houston battle taking place in a major media market, the referendum is certain to generate interest around the country.

“This is going to be that start, the other side of the mountain, where they start to lose their influence,” Owens predicted. “We’ve gotten phone calls from Louisiana, California and elsewhere in Texas.”

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Ohio Legislature Considers Overturning Visual Speed Decision

A bipartisan effort to overturn a controversial Ohio Supreme Court ruling garnered the support of twelve of the state Senate’s thirty-three members in just four days. Senators Tim Grendell (R-Chesterland) and Capri S. Cafaro (D-Hubbard) jointly introduced legislation on Thursday that would forbid police from issuing speeding tickets based solely on the officer’s best speed guess.

The bill is designed to chastise the high court for its controversial June 3 ruling that held any police officer could be certified as an expert in visual speed estimation. Once certified, the word of such and officer would be taken as proof beyond a reasonable doubt of any speeding violation alleged. As a result, police could hang up their expensive radar and laser units as no longer needed Driver’s rights groups, including the National Motorists Association, blasted the ruling.

“The NMA has been flooded with email traffic expressing alarm and concern about the implications of courts giving judicial notice to what is, at best, a questionable method of determining how fast a vehicle is going,” NMA Executive Director Gary Biller wrote.

Biller explained that there is no hard scientific evidence to back up the accuracy of the methods used by police and that the typical certification involves little more than a few hours of training. Members of the state Senate leadership on both sides of the aisle agreed that the legislation should be overturned.

“When Ohio motorists are pulled over for speeding there should be measurable proof rather than someone’s estimate,” Senate Minority Leader Cafaro said in a statement. “This legislation clarifies the Ohio Revised Code to require verifiable evidence to issue speeding tickets.”

The proposed measure would take re-write the law so that it is clear that the legislature never intended tickets to be issued based on no more than an officer’s best guess.

“No person shall be arrested, charged, or convicted of a violation of any provision of [the speeding statute] based on a peace officer’s unaided visual estimation of the speed of a motor vehicle, trackless trolley, or streetcar,” Senate Bill 280 states.

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Arizona Speed Cameras Will Be Eliminated

PAUL DAVENPORT | 05/ 6/10 08:35 PM

PHOENIX — Arizona is ending a groundbreaking and contentious program that put speed cameras along Phoenix-area freeways and in vans deployed across the state.

Opponents have argued the cameras open the door for wider “Big Brother” surveillance and are more about making money than safety. The program has been the target of an initiative measure proposed for the November ballot.

Even Gov. Jan Brewer has said she doesn’t like the cameras, and her intention to end the program was first disclosed in her January budget proposal. That was followed by a non-renewal letter sent by the Arizona Department of Public Safety this week to the private company that runs the program.

FILE – In this July 18, 2008 file photo, an Arizona Department of Public Safety photo radar enforcement van’s strobe lights up a speeding car while recording its license plate number in Phoenix. More than a year after Arizona became the first state in the country to deploy dozens of speed cameras on highways statewide, threats to the groundbreaking program abound. Profits are far below expectations, a citizen effort to ban the cameras continues to gain steam, the governor has said she does not!

Scottsdale-based Redflex said Thursday that the 36 fixed cameras will be turned off and the 40 vans taken off highways on July 16, the day after its state contract expires.

The non-renewal letter was first reported by The Arizona Republic.

The camera program was instituted by Brewer’s predecessor, Janet Napolitano, now the Homeland Security secretary. Cameras were introduced in September 2008 and were added until all 76 were up and running by January 2009.

Lawmakers considered repeal proposals within months, but set the issue aside and appealed for calmer debate when a passing motorist fatally shot a camera-van operator doing paperwork in his marked vehicle in April 2009.

The mobile and fixed cameras snap the photos of speeders going 11 mph or over the speed limit, and violators get tickets in the mail. Supporters said the cameras slow down drivers, reduce accidents, and free up law-enforcement officers for serious criminals.

Napolitano estimated that the program would bring in $90 million revenue in its first year, but actual revenue fell far short as many motorists ignored notices received in the mail.

While hundreds of jurisdictions across the country use speed cameras and some states have limited programs using cameras in certain areas, Arizona’s statewide deployment remained the widest state use of the technology.

The state’s decision is a setback for supporters of speed-enforcement cameras, said Jonathan Adkins, a spokesman for the Washington-based Governors Highway Safety Association.

“We need to look and see what happened in Arizona why didn’t it work,” he said.

Shawn Dow, a leader of the initiative campaign, welcomed the decision to end the program but said the drive’s organizers still plan to file petition signatures on

the July 1 deadline to qualify it for the November ballot.

The end of the state program does not affect local governments’ use of cameras for speed enforcement, but the proposed ballot measure would prohibit state and local governments from using cameras for both speed violations and red-light running.

Redflex, a unit of Australia-based Redflex Holdings Ltd., said in a disclosure to the Australian Securities Exchange that it could write off $5 million of assets because of the program’s end. Under the state’s contract, Redflex supplies cameras, vans and other equipment.

Department of Public Safety officials declined to comment on the contract or to immediately release the letter. Redflex quoted the letter as saying the non-renewal reflected “a change in the agency’s focus.”

The end of the program will be a disappointment, Redflex spokeswoman Shoba Vaitheeswaran said. She said it comes as the program continued to mature, with improvements being made in court processing procedures and other areas.

Arizona lawmakers approved legislation this year that imposes new signage requirements and other changes for the program.

Joanna Peters, a Phoenix traffic-safety activist, called the Brewer administration’s decision irresponsible.

“They’re ignoring a silent majority of folks who actually support the program,” Peters said. “This is something we could fix, not just throw out the baby.”

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