The Detroit Free Press sure seems to think it’s “possible.” The paper reports that NHTSA’s “final notification” to Toyota includes a warning that it “would have faced a fine totaling $13.8 billion were it not for caps set by U.S. law on NHTSA penalties.” But then, that’s a bit like Toyota saying it would have manufactured its pedals to space shuttle specification if it didn’t cost so much money to do so. Six paragraphs into the piece, the Freep concedes that

NHTSA said it could issue another fine depending on whether it decides the problems with sticking pedals are technically two separate defects, based on the manufacturing changes made by Toyota.

The AP reports that documents obtained by NHTSA say Toyota acknowledges CTS-manufactured pedals “had two separate defects that may require two separate remedies.” But that’s not all, folks…

Thus far, Transportation Secretary Ray LaHood’s war on distracted driving has been largely a rhetorical hobbyhorse, giving the good Secretary a crowd-pleasing speech topic no matter where he finds himself. After calling the situation “an epidemic,” LaHood held a summit at which it was agreed that distracted driving is bad, especially when it causes deaths. Federal employees were subsequently barred from texting while driving government-owned vehicles during work hours. And that was just about it. Apparently chastened by his big build-up and lack of pay-off on this issue, LaHood has kept himself busy with the Toyota debacle of late, leaving distracted driving largely alone since last summer’s summit. Until he remembered that there was one crucial tool in his bureaucratic bag of tricks that he hadn’t yet used: the photo op.

Usually, it’s the car manufacturers who complain about fake parts coming from China. In the man-bites-dog equivalent of the parts industry, a Chinese government agency accuses Toyota of trafficking in highly illegal auto parts. Toyota is in deep doo-doo.

The Arizona Court of Appeals ruled last week that asserting one’s constitutional rights does not give police sufficient cause for detention and search. The ruling treated a January 8, 2008 incident in which Alvin J. Sweeney was pulled over for allegedly following a car too closely. Arizona state police Officer Mace Craft claimed that he had timed the gap between Sweeney’s car and the vehicle in front of him at 0.88 seconds. Sweeney had a Canadian driver’s license and was driving a rental car with the appropriate paperwork. This, and Sweeney’s nervousness, aroused Craft’s suspicion.

A committee of the California General Assembly last month began consideration of legislation that would make minor changes in the way red light cameras are used in the state. State Senator Joe Simitian (D-Palo Alto) introduced a bill that he believes will increase the fairness in the administration of automated citations. Simitian is a supporter of photo ticketing who nevertheless believes the existing system suffers from significant flaws.

Last evening, U.S. Transportation Secretary Ray LaHood declared he’d be seeking the maximum penalty from Toyota. That’s $16.4m, because “they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families.” That’s the largest civil penalty the U.S. Department of Transportation has ever sought. According to Reuters, “previously, the largest fine was $1 million against General Motors Co for failing to promptly recall windshield wipers in 2002-2003 model vehicles.” One would think Toyota can pay that out of petty cash. But the matter has Toyota concerned. Plaintiff lawyers are rubbing their hands.

A Florida state representative is standing athwart the legislative juggernaut that seeks to expand the use of red light cameras throughout the state. Representative Rob Schenck (R-Spring Hill) last month won approval by a 7 to 5 vote from the House Governmental Affairs Policy Committee for his bill expressly preempting the ability of local jurisdictions to operate automated ticketing machines.

U.S. District Judge Richard Leon approved a $185m settlement between Daimler, the Department of Justice (DOJ,) and the Securities and Exchange Commission (SEC). The Feds had alleged that Daimler violated the U.S. Foreign Corrupt Practices Act (FCPA) by drowning foreign government officials in money and gifts until they relented and ordered Daimler products. According to Reuters, Daimler’s German and Russian units each agreed to plead guilty to two minor counts of violating U.S. anti-bribery laws. Its China subsidiary will be subject to the two-year deferred prosecution agreement as well. That said, the bad boys from Sindelfingen may go forth and sin no more. Except for one niggling detail …

Jefferson Parish, Louisiana has until 4pm today to meet the demands of Redflex Traffic Systems, the company that until January operated red light cameras and speed cameras for the local government. The Australian firm is absolutely furious that parish officials have withheld payment while the program faced lawsuits from citizens and corruption probes from federal investigators. Redflex insisted that the “millions of dollars” owed must be deposited in the Redflex accounts before the close of business today.

In a number of municipalities, decreases in tax receipts seem to be followed by an increase in traffic tickets according to USA Today [Hat Tip: ClutchCarGo]. Surprised? Clearly you don’t read much of our coverage of the proliferation of speed cameras. It’s no surprise that cities turn to speed cameras to shore up budget gaps, as the companies that sell automated ticketing machines regularly highlight the revenue upsides of their products to politicians. But what about “the cushion,” the five to ten mile per hour grace given by gentlemanly police officers to motorists just barely over the speed limit?

A divided three-judge panel of the US Court of Appeals for the Sixth Circuit yesterday upheld the imposition of automated tickets on individuals who may or may not have committed any crime. The judges ruled on a case that began when Kelly Mendenhall received a ticket in the mail for allegedly speeding in Akron, Ohio in December 2005. Although the ticket against her was dismissed, her husband, Warner, fought the legitimacy of the Akron ordinance all the way to the state supreme court which, unlike the high courts in Minnesota and Missouri, approved of speed camera use ( view decision).

The US Court of Appeals for the Ninth Circuit ruled Friday that it was acceptable for police to taser a pregnant mother over a minor traffic ticket. On November 23, 2004, Seattle, Washington Police Officer Juan Ornelas had been running a speed trap when Malaika Brooks passed by while driving her eleven-year-old son to school. Ornelas pulled over Brooks and accused her of speeding at 32 MPH. Brooks believed that the officer had mistakenly clocked the car ahead of hers, so she refused to sign the ticket thinking it would be an admission of guilt.

Last week, we shared with you an ingenious method of the U.S. Department of Justice to contribute to the deficit-afflicted holdings of the U.S. Treasury. The method involves shaking down foreign companies who grease the wheels to get deals in even more foreign lands. Or who even think about greasing the wheels. Caught between European laws and U.S. laws, these companies pay and promise to sin no more.

The top forty speed traps in the state of Texas raked in a total of $178,367,093 in speeding ticket revenue between 2000 and 2008 despite having a combined population of less than 56,000 residents. Motorist Aren Cambre collected ticket issuance data from the state’s Office of Court Administration to identify which towns generated the most revenue per capita from speeding tickets.

A federal appeals court ruled yesterday that municipalities in most states may use evidence illegally collected by photo enforcement cameras. The US Court of Appeals for the Fifth Circuit made its decision in the case of Stephen Bell who sued both American Traffic Solutions (ATS), an Arizona-based red light camera operator, and Redflex Traffic Solutions of Australia for violating Texas statutes requiring companies involved in private investigation to obtain a license. The three-judge appellate panel determined that there was no problem with companies offering unlawfully obtained evidence in civil court cases.

Money-wise, the United States is in a bit of a tough spot. Must create revenue wherever it can. From red light cameras to shaking down foreign companies. On Tuesday, Germany’s Daimler AG was charged with violating U.S. bribery laws “by showering foreign officials with millions of dollars and gifts of luxury cars to win business deals,” as Reuters has it. After asking “how much will it take for this to go away?” Daimler plans to pay $185m to settle charges by the U.S. Justice Department and Securities and Exchange Commission.

A brief study published in this month’s Journal of Trauma examined whether red light cameras installed at a Jefferson Parish, Louisiana intersection caused a reduction in the number of traffic collisions. A team of medical doctors from Tulane University examined accident statistics for ten months before and ten months after the activation of cameras on October 24, 2007. The team found no statistically significant reduction in the number of accidents.

Enforcing laws against victimless crimes is never easy. Limited resources force local governments to constantly assess their law-enforcement priorities, assigning the squad cars and jail beds to the most pressing problems facing their jurisdiction. The problems that don’t make the cut? Unless there’s a revenue motive at play (see: red light cameras, speed cameras), local law enforcement often has little choice but to tolerate the breaking, or under-enforcement of certain laws. Which begs the question: on a scale of, say, murder to marijuana possession, just how bad is speeding?

As the avid reader of our cop car chronology and our on-going coverage of crime-buster conveyances knows, that market of 75,000 units a year in the U.S.A. alone is in a bit of a turmoil. The Crown Vic, holder of approximately 70 percent of the fuzz market, is about to be retired. Ford, GM, and Chrysler want to get a bite out of that crime-driven market. Not to forget a little known company, curiously and politically incorrectly named “Carbon Motors.” Since our own Sajeev Mehta directed our attention towards Carbon, it got a little quiet around the formerly Atlanta, now Connersville, Ind. based upstart that wants to build dedicated police-mobiles. Until today.

The Georgia House of Representatives as early as tomorrow is expected to take up legislation that would ease the burden on motorists wrongly accused of running a red light. The House Committee on Judiciary Non-civil on Thursday endorsed House Bill 31, which proposes a series of fundamental changes designed to force the city or county government operating the camera system to prove its case. State Representative Barry Loudermilk (R-Cassville) introduced the legislation with five of his colleagues.

Black box data in New York and Japan shows that crashing Prius drivers had their feet on the wrong pedals and wrongly blamed their cars.

In Harrison, NY, the NHTSA declared that the cause of the Prius incident was driver error. “Computer data from a Toyota Prius that crashed in suburban New York City show that at the time of the accident the throttle was open and the driver was not applying the brakes,” U.S. safety officials said to Associated Press.

NHTSA said information from the car’s computer systems indicates there was no application of the brakes and the throttle was fully open. The NHTSA “did not elaborate,” says AP, but the conclusions are clear: Someone’s foot was on the gas instead on the brakes.

Private companies that repossess automobiles without the involvement of law enforcement are creating potentially deadly situations, a report released Thursday by the National Consumer Law Center (NCLC) warned. The Boston, Massachusetts-based non-profit legal advocacy group examined the consequences of turning car seizures over to private firms, particularly during the recent economic downturn.

The photo enforcement industry announced on Friday the creation of a new red light camera and speed camera advocacy group. The Partnership for Advancing Road Safety (PARS) describes itself as an organization that seeks to use best practices to reduce the number of accidents and fatalities on American highways. The group’s number one priority is countering the growing nationwide backlash against the use of automated ticketing machines that has resulted in multi-million dollar loses for camera vendors.

Faced with a $120 million budget deficit, West Virginia lawmakers are turning to school buses to bring in desperately needed revenue. The House of Delegates voted 98-0 Saturday to give final approval to House Bill 4223 which allows county school boards to deploy buses to issue $500 automated tickets. The proposal becomes law with the signature of Governor Joe Manchin (D).

“Every county board of education is hereby authorized to mount a camera on any school bus for the purpose of enforcing this section or for any other lawful purpose,” House Bill 4223 states.

A few days ago, James Sikes and his runaway Prius was all over news. Until we mentioned that something is fishy. Sikes’ driving skills were put in question. Stories about a wife swapping website emerged. Stories about bankruptcy. Stories about an unpaid lease on the Prius. And sundry other stories. Quickly, Sikes turned into Balloon Boy 2.0

Michael Fumento, director of the Independent Journalism Project, went on Neil Cavuto’s show on Fox Business and said: “It appears that everybody on planet earth suspected that there was something horribly wrong with this picture – except for the national media. The real hoax wasn’t James Sikes, it was in fact our press.”

There’s lots of places to find old cop car photos, but I was perusing a 1953 Popular Science at bed time the other night, and remembered a story about the just-opened NJ turnpike and its new fleet of cop cars. Here are one of each of the fleet of 23 Fords and stealthy Chryslers. The Fords came with Mercury engines installed; their 255 cubic inch flathead V8s had a whopping 125 hp instead of the stock Ford 110 hp. The also had dual exhausts, “souped up rear ends”, and heavy duty cooling systems. The ten unmarked Chryslers “are capable of 120 mph”, which I wouldn’t question given their 180 hp hemi engines. Three “portable” radar timers (roadside, not hand-held) were also in the arsenal. And every trooper was trained in auto mechanics as part of the training; they would have known how to stop their runaway car.

Old Popular Sciences are a treasure trove of the bizarre and curious, reflecting American’s folksy inventiveness. I couldn’t resist scanning just two of these and sharing:

Two days ago, Ed Niedermeyer received a tip from an anonymous tipster that James Sikes, the guy who couldn’t stop his runaway Prius until a cop pulled up next to him and told him to, is, well, a bit exposed.

The tipster pointed out that a James Sikes had also started a business called Adultswinglife, LLC. A look at the phone numbers showed that Adult Swing Life LLC (619) 957-7355 shared the same phone number as the real estate business of Patty & Jim Sikes (619)-957-7355. We left it at that. Times are rough, and one needs to find extra streams of income.

A few hours later, an anonymous poster that went by the name “CincyJazzy” posted on the CBS news website that Sikes “is caught in 2 attempts to defraud his insurance company out of $60K, Just lost his house, and was fired for ‘unethical behavior’, in the middle of bankruptcy, and now this.” No reaction from CBS.

Then, nothing. Until ...

On September 19, 2008, William Hippsley, 74, was behind the wheel in the parking lot of a shopping center in Brigg, South Humberside, UK. Outside, his wife Brenda, 69, helped him park his car. Suddenly, Hippsley’s car shot forward, dragged his wife 130ft across the parking lot – and killed her.

The car was a Toyota Prius.

A federally funded ticketing blitz in the state of Virginia landed a total of 6996 traffic tickets this weekend. The blitz, dubbed “Operation Air, Land & Speed” coincided with frantic efforts by state officials to close a$2.2 billion budget deficit. Supervisors ordered state troopers to saturate Interstates 81 and 95 to issue as many tickets as humanly possible over the space of two days.

Last week, Professor David W. Gilbert testified at a house hearing and said he had replicated the unintended sudden acceleration in Toyota’s vehicles. Toyota, and their testing lab Exponent tried Gilberts method and said he was right. “But Toyota said it also created the same response in vehicles made by competitors, which it said rendered Mr. Gilbert’s findings misleading,” writes the Washington Post.

In a statement, Toyota says: “The analysis of Professor’s Gilbert’s demonstration establishes that he has reengineered and rewired the signals from the accelerator pedal. This rewired circuit is highly unlikely to occur naturally and can only be contrived in a laboratory. There is no evidence to suggest that this highly unlikely scenario has ever occurred in the real world. As shown in the Exponent and Toyota evaluations, with such artificial modifications, similar results can be obtained in other vehicles. “ When Exponent applied Gilbert’s test to five models, including a Honda Accord and a BMW 325i, all five vehicles reacted similarly.

Just as Paul Niedermeyer, Edmunds, Consumer Reports or anybody else who has the time to download and analyze 103.1 Mbytes worth of customer complaints to NHTSA, Toyota is pouring over the data. However, their attempts are being thoroughly frustrated.

According to The Nikkei [sub], Toyota found out that oftentimes complaints submitted to the NHTSA “either are unverifiable or lack vehicle-owner information required to facilitate follow-up.” In other words, a lot of the complaints look like they are bogus. Even if they are real, their validity cannot be ascertained.

And herein lies the rub:

Police in Washington state will have the power to take any car for at least twelve hours under legislation passed unanimously by the state House earlier this month and considered by a Senate committee yesterday. State Representative Doug Ericksen (R-Ferndale) introduced what he called “Hailey’s Law” which would make it mandatory for police to grab the vehicle from drivers merely suspected — not convicted — of driving under the influence of alcohol (DUI).

A quiet Sunday. Time to fire up Google and put in “ Toyota AND [cause OR reason].” We come up with ample explanations why Toyota is not called Toyoda. Or why Peiping turned into Peking, and then into Beijing. What about the causes of sudden acceleration? Let’s see what we find. (If you have other things to do on a Sunday: We find a lot of questions and no answers.)

News that the FBI had raided three Japanese supplier companies in the Detroit area came in the middle of yesterday’s epic Toyota hearings, adding to the day’s chaos and misinformation. The FBI said clearly at the time that Denso, Tokai Riko and Yazaki were raided as part of an antitrust investigation, which we now know [via Reuters] involves alleged cartel activities in the wiring harness supply market, and involves European firms like France’s Leoni as well. Despite the fact that Denso and Yazaki are cooperating with investigators, and that the US raids appear to be in support of an EU investigation, Rep Mark Souder (R-IN) took the opportunity to connect the Denso raid with the Toyota recall hearings in shameless style. And all to help clear the name of the US-based supplier CTS, which has been blamed for the sticky pedal recall, which just so happens to be in Rep. Souder’s district. Full, mind-blowing quote after the jump.

When I met Uwe Gemballa the first time, he looked like he could be the manager of the local strip club down the road: Shoulder long bleach blond hair, a flashy watch, a suit to match the watch, the shirt unbuttoned down to the chest. I then found out that he had brought a Porsche 911, that made upward of 750hp, to a friend of mine, to make it street legal. Gemballa had one of the hottest tuner shops in Germany. His mods to the Porsche Cayenne produced the fastest SUV in the world – at least that’s what Uwe told me. Last I heard from him was some two months ago. He wanted to import Gemballas to China, and could I help him? Then it became quiet. Now I know why.

A Miami-Dade County Circuit Court judge has ruled that red light cameras may not be legally used to issue traffic citations in the state of Florida. Judge Gerald Bagley yesterday dismissed charges against motorist Richard Masone who had received a red light camera ticket in the mail from American Traffic Solutions (ATS). The company operates the program on behalf of the city of Aventura.

Redflex Traffic Systems of Australia succeeded last week in blocking efforts to end red light camera ticketing in Loma Linda, California. While several members of the city council expressed a desire to uproot the automated ticketing machines, Redflex insisted that could not be done unless the city paid $534,558 in early termination penalties. The council declined to take any action at its February meeting.

For those of you who’ve read my work, you’ll know I’m no stranger to controversy. So, this next piece, will be a little, well, dark, shall we say? In the above picture, what do you see? It’s a classic VW Beetle. Nothing bad there. But this particular Beetle has caused a huge amount of grief stateside, followed by controversy. It was hidden under a black cloth and when it came off what people saw at the National Museum of Crime and Punishment was a 1968 VW Beetle, exactly like what you’re seeing. But it wasn’t so much what it was as WHO it was.

Avondale, Arizona last week decided to terminate its contract with American Traffic Solutions (ATS) for the operation of red light cameras and speed cameras. The city council made its decision primarily on financial grounds after the program failed to deliver on its promise of enhanced safety and substantial profit. With Avondale facing a $3.8 million budget deficit, officials decided the cameras had to go.

This one’s a bit of a golden oldie, but in light of the recent round of promotions at the Haus of Daimler (not to mention this video’s unintentionally prophetic tagline), it’s worth mentioning. Charges in the 6 year old SEC-DOJ investigations of what was then DaimlerChrysler may be settled by Daimler for “about $200 million” according to anonymous Bloomberg [via BusinessWeek] sources. The probe had looked into allegations that the German firm regularly bribed government officials in a number of jurisdictions (including Sadaam Hussein, in the Oil For Food scandal), the broad strokes of which the firm essentially admitted in 2005. Though Daimler announced that it would cooperate with investigators and that “several” employees were fired, details were never released. At least one whistleblower has alleged that knowledge of slush funds and bribery were known at the highest ranks in Daimler, and the ever-helpful NY Times notes that

As recently as 1997, the German government counted the bribes paid to foreigners by German companies as tax- deductible.

No wonder these guys promote from inside.

The Arizona Senate Public Safety and Human Services Committee approved legislation last Wednesday that would substantially expand the size and scope of the photo enforcement program in the state. Lawmakers voted 6-1 to approve legislation allowing the use of automated ticketing machines for a number of new types of violations. Committee Chairman Linda Gray (R-Phoenix) sponsored the legislation after becoming an enthusiastic supporter of cameras.

For years, TTAC has argued that General Motors suffers from a profound lack of accountability. Specific instances include the $2b “Fiatsco,” most of Roger Smith’s tenure, and cars like the Pontiac Aztek and Cadillac Cimmaron. Incidents like these helped GM along its decades-long plunge into bankruptcy, unchecked by the lax corporate governance of what came to be called its Board of Bystanders. Hyundai’s CEO may have received similarly lax treatment from South Korea’s criminal justice system, but at least the shareholders are standing up for their investment.

Photo enforcement machines around the world this week were found to be ticketing drivers who had malfunctioned, ticketed motorists who had done nothing wrong, or the machines themselves were found to be in violation of the law.

A group of nine Missouri lawmakers are looking to expand the use of speed cameras throughout the state. State House members, led by Representative Michael Corcoran (D-St. Ann), on Tuesday introduced House Bill 1947 which appears on its surface to ban the use of speed cameras when, in fact, it authorizes their use.

A pair of lawmakers want to bring a unique form of photo enforcement to Virginia. The state Senate yesterday voted 40-0 to expedite consideration of legislation introduced by state Delegate Tom Rust (R-Herndon) and Senator Mark Herring (D-Leesburg) allowing the use of automated ticketing machines to fine people up to $600 for driving on a road without a state-approved purpose. The cameras are similar to those that photograph vehicles accused of using a toll road without paying. In this case, however, the cameras would be deployed on a free, fourteen-mile road adjacent to a toll route designed solely for the use of people driving to Dulles international Airport. The owners of cars infringing the proposed law would be mailed a “bill” in the mail.

Yesterday, the Wall Street Journal wrote: “Hell, in modern imagination, is not a place of fiery lakes and acrid fumes. It’s a maze of deposition rooms you can’t escape, where nothing is what it seems. That’s where Toyota has landed.“

Welcome to hell.

The fine city of Eugene, Oregon seems to think so. You’d think they had already heard of the famous case of Santa Cruz V. Mr Twister. Apparently not. [Hat Tip: Charles]

The Tennessee House Transportation Committee yesterday drafted a legislative proposal that will solidify the legal standing for the use of both speed cameras and red light cameras in the state. After a lengthy markup process, committee members approved a two-year moratorium on new cameras while ensuring that there is no disruption in ticketing for cities like Chattanooga, Clarksville, Jonesborough and Knoxville that already have programs in place. In 2008, the state legislature quietly gave the green light to jurisdictions interested in installing red light cameras and speed cameras, but even the lawmakers most in favor of the use of cameras have been pressured by the public to take some action to reign in their use.

California Governor Arnold Schwarzenegger, desperately seeking new sources of revenue to cover a $19.9 billion budget shortfall, yesterday declared a state of fiscal emergency. As part of his proposed solution, Schwarzenegger called for the deployment of a massive statewide speed camera program to generate at least $397.5 million in net profit to state and local government.

Under the proposal, existing red light cameras at intersections would be converted into “speed on green” cameras that issue citations to motorists who try to speed up at an intersection to make the light. Those who slow down and fail to make the light will be mailed a red light camera ticket.

“Various federal rules are tying our hands and preventing us from reducing costs in some state programs,” Schwarzenegger explained at a news conference yesterday. “I want to remind the federal judges and the politicians California is not Washington. We do not have the luxury of printing money or running trillion-dollar deficits.”

In 2007, the Virginia Department of Transportation (VDOT) performed one of the most comprehensive statewide surveys of the impact of red light cameras on safety ( view report). It caused quite a stir upon its release. The study took advantage of seven years’ worth of data both before and after cameras were installed, examining a far more extensive dataset than most competing studies.

Despite the agency’s best effort to present automated enforcement in a positive light, the unavoidable results were that, on a statewide level, accidents and injuries increased where cameras were used. This outcome has proved to be an embarrassment for the Insurance Institute for Highway Safety (IIHS) which has been the primary organization generating research claiming that red light cameras improve safety. IIHS noted that VDOT essentially bent over backwards to accommodate the industry, but because the ultimate results were unfavorable, the VDOT report should be discarded.

As the recession continues, more and more motorists have decided to ignore red light camera and speed camera tickets issued by private companies like Redflex Traffic Systems. According to a report issued earlier today by the Australian photo enforcement giant, such non-payment contributed to a significant drop in expected profit for the first half of the fiscal year. Previously reported problems, such as the “expensive failure” of freeway photo radar in Arizona, led to a shareholder revolt last month.

A number of Texas cities are exploiting short yellow timing at intersections, generating significant additional revenue, according to a review of Texas Department of Transportation (TxDOT) data by TheNewspaper. The citation issuance rate at the nine intersections with the shortest yellow timing in the state was four times greater than the ticket issuance rate at locations that offered yellow times exceeding statewide averages.

At least eighty-two motorists in Colorado Springs, Colorado may have been falsely accused of driving under the influence of alcohol (DUI) based on unreliable blood test results. After double-checking its own work, the city’s Metro Crime Lab on Friday admitted that out of 1000 tests conducted since January, no fewer than eighty-two results were inflated above the driver’s true blood alcohol content. More incorrect readings could be discovered as re-testing continues.