The 100 grams/km CO2 output figure is an important one for motorists in the UK. Cars that can hit this magic number are exempt from London’s daily $16 Congestion Charge, which is levied upon motorists attempting to enter London’s downtown core. But new rules may leave drivers liable for the daily fee, as lawmakers seek to change the exemption threshold to 75 grams/km.
Citing New York’s leadership in banning hand-held cell phone use in cars, NTSB Vice Chairman Christopher Hart urged the Empire State to become the first to ban all use of personal electronic devices while driving. Though careful to call it a state issue, Hart did hint that state compliance with forthcoming NTSB recommendations could be tied to federal highway funds (he has separately called for a national ban).
And indeed, New York’s legislators seemed to see the issue of distraction as an issue for federal action (but then, why not make the feds pay for it?). At the same time, everyone understands that the problem is near-ubiquitous and any full ban on personal device use in cars would be near-impossible to enforce (short of Assemblyman McDonough’s suggestion that automakers equip cars with cell-phone signal blockers)… which raises huge questions about federal-level action. (Read More…)
Cops in Ohio may not rip a motorist out of his vehicle to “check on his welfare.” The state court of appeals handed down a decision earlier this month in a case involving a man parked on the side of the road in a quiet Columbus residential neighborhood who was “helped” out of his car with physical force.
Al E. Forrest sat in the driver’s seat of a 2003 Ford Explorer with another man in the passenger seat as two police officers came up on either side of the vehicle. According to Officer Kevin George’s testimony, he just wanted to see if the Explorer driver was okay. The officers had no suspicion of any criminal activity prior to approaching the Explorer. When George poked his head into the driver’s window, Forrest looked surprised to see a cop staring at him through the window. George said this was a sign of “nervousness.” When George saw money in Forrest’s left hand, he ordered the man out of the SUV. This was the beginning of the legal problem for the Columbus officer.
A pair of senior police officers in Brindisi, Italy were arrested Tuesday in a speed camera bribery scheme. The owner of a BMW X6 blew the whistle on officers Giuseppe Manca and Antonio Briganti after a speed camera accused him of driving 160km/h (99 MPH) on state route 16, where the limit is 110km/h (68 MPH).
The driver faced a fine of between 500 to 2000 euros (US $650 to $2615) plus license points. The officers offered to make the conviction disappear for payment of 250 euros (US $327) in cash. The officers were able to erase the conviction from the speed camera logs to prevent detection of their tactics.
The US Court of Appeals for the DC Circuit on Tuesday rejected a class action lawsuit filed against the speed camera program in the nation’s capital. Motorists Henry Dixon and Cuong Thanh Phung argued the city violated their constitutional guarantee to equal protection of law by treating drivers pulled over for speeding more harshly than drivers mailed photo tickets for speeding.
The US District Court for the District of Columbia ruled against Nixon and Phung, finding no violation of the Fourteenth Amendment (through the Fifth Amendment) because drivers apprehended for speeding by police officers are not similarly situated to motorists photographed and accused of speeding by a photo radar device. The district judge reasoned that the camera is unable to confirm that the owner was the driver, so the greater punishment should not be imposed. The three-judge appellate panel agreed with the lower court’s conclusion, but for a different reason. The speed camera law can stand under the “rational basis test” used to insulate government actions from constitutional challenge.
As long as a police officer cites his own safety as the reason, he may frisk any motorist during a traffic stop and remove objects from his pockets, according to a ruling handed down Tuesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel evaluated whether Officer Joe Moreno was following the law when he searched driver Ivan Rochin after he was pulled over in Albuquerque, New Mexico for driving with an expired registration.
“No one likes being pulled over for a traffic violation,” Judge Neil M. Gorsuch wrote for the court. “Still, for most drivers the experience usually proves no more than an unwelcome (if often self-induced) detour from the daily routine. But not every traffic stop is so innocuous. Sometimes what begins innocently enough turns violent, often rapidly and unexpectedly. Every year, thousands of law enforcement officers are assaulted — and many are killed — in what seem at first to be routine stops for relatively minor traffic infractions.”
After performing a thorough performance audit, Denver, Colorado’s city auditor is no longer convinced of the value of red light cameras and speed cameras. The Denver Police Department (DPD) deputized the Dallas-based firm Affiliated Computer Services (ACS, a division of Xerox) to issue red light tickets at four intersections and speeding tickets throughout the city with five roaming vans. The program has little more to show for itself than a profitable bottom line.
“Unfortunately, DPD has not demonstrated that the photo radar program has a positive impact on public safety,” City Auditor Dennis J. Gallagher wrote. “Because these programs were sold as public safety enhancements but are widely viewed as a cash grab, it undermines public trust to maintain photo enforcement programs that are profitable but whose safety impact has not been conclusively shown. If this situation persists, then the photo enforcement programs should be shut down.” (Read More…)
The Florida legislature’s authorization of red light cameras last year was superfluous, a divided state Court of Appeals panel ruled yesterday. The majority sided with the city of Aventura in overturning a Miami-Dade County Circuit Court decision from last year that found Aventura had jumped the gun by giving American Traffic Solutions (ATS) a green light to mail out automated tickets without waiting for the state’s permission.
Florida law does not allow a city to adopt an ordinance in conflict with a state statute. The majority argued a provision requiring traffic officers only to issue traffic tickets for violations they personally observed is not in conflict because the same officers can “observe” the infraction on video under the Aventura photo ticketing ordinance.