When a police spokesman is quoted in a newspaper or on a radio program regarding photo enforcement, everything he says is carefully scripted by the private company dependent on the survival of the program for its revenue. This became clear after a Maryland activist yesterday released contract documents that outline the role of Affiliated Computer Services (ACS) in creating the sales pitch delivered to the public by Montgomery County officials. StopBigBrotherMD.org obtained copies of the contract in which ACS receives a cut of every ticket the company issues, promising in return to control all aspects of communications regarding the program.

Minneapolis, Minnesota is angry enough at being forced to refund $2.6 million in red light camera tickets that it has filed a lawsuit against the private company it hired to issue those citations. The city last month filed a lawsuit in Hennepin County Court to recover damages, but Redflex Traffic Systems of Australia yesterday asked the US District Court for the District of Minnesota to take over the case.

It’s the war of the unreleased documents. Days after a former NHTSA chief accused the NHTSA of burying evidence that shows that driver error was the cause in 23 out of 23 cases, ABC has the story that Toyota knew long ago how to cause sudden unintended acceleration in their cars, and failed to tell everybody how to go about it.

The city of Mukilteo, Washington filed papers Monday hoping to thwart the attempt of a traffic camera company to deny residents the chance to vote on banning automated enforcement. Snohomish County Superior Court Judge Michael T. Downes on Friday will hear arguments in the case filed by an American Traffic Solutions (ATS)-funded front group to protect the company’s ticketing contract from the fate such agreements have shared in all ten cities where the public has forced a vote to toss out the cameras. The sponsors of Mukilteo’s initiative — Nicholas Sherwood, Alex Rion and Tim Eyman — filed a more comprehensive legal brief as intervenors tearing apart the ATS-backed case.

Unlike a Texas appellate court, the Oregon Court of Appeals ruled last Wednesday that reaching one’s own driveway during a traffic stop can avoid more serious consequences. In November 2007, Officer Blood of the Cornelius Police Department attempted to stop Richard Chaves Gonzales for a traffic violation. Gonzales was just two or three blocks from home, so he did not stop until he reached his own driveway. Blood wrote Gonzales a ticket for driving on a suspended license and began searching the car without a warrant after declaring that he was going to impound the vehicle. Blood insisted that the search was valid.

Red light cameras are becoming less popular among municipal leaders in California. On Monday, the Yucaipa city council voted unanimously to cancel its photo enforcement contract with Redflex Traffic Systems of Australia. The previous week, Costa Mesa officially pulled the plug on its automated ticketing machines.

A motorist who avoids a police car is inherently suspicious, according to a ruling handed down by the Minnesota Court of Appeals on Tuesday. A three-judge panel found that even if the officer observed no illegal conduct, a traffic stop and interrogation is justified when a driver seems not to want to be around a patrol car.

Officials in Tasmania, Australia last week reluctantly admitted that some of its speed cameras produced unreliable readings. The automated ticketing machines on Tasman Bridge were found to be issuing speeding tickets to vehicles that were not speeding, forcing a refund of 440 tickets issued between June 5 and July 5. According to The Mercury, a test of the device against a handheld speed gun showed inaccurate readings.

California’s second highest court on Wednesday upheld the publication status of a key decision that called into question the legitimacy of red light camera evidence. The state Court of Appeal rejected the request of the cities of Santa Ana and Menlo Park to depublish a May appellate ruling of the Orange County Superior Court ( view the California v. Khaled decision) that found the red light camera photographs presented as evidence in court were inadmissible hearsay.

The Tennessee Court of Criminal Appeals on Wednesday ruled that a driver cannot be pulled over for failure to signal when that conduct did not affect any other driver. The decision came down in the case of Antoinette Feaster, 37, who was stopped and arrested on August 15, 2007 around 11am. Rutherford County Sheriff’s Department Officer Travis Robinson had set up a speed trap on the median of Interstate 24 when he saw Feaster’s Chevrolet Tahoe traveling about 8 MPH below the speed limit and making a lane change without signaling. Feaster’s attorney quizzed Robinson on the stand at trial about his recollection of the incident.

American Traffic Solutions (ATS) is following the playbook from its failed attempt to defeat an anti-red light camera referendum in College Station, Texas. The company on Monday used its law firm, Stoel Rives LLC, to file a lawsuit under the name of Christine Preston, a local resident seeking to prevent Mukilteo residents from having any say in whether automated ticketing machines are deployed on their streets.

“A controversy exists between plaintiff and defendants regarding whether the subject matter of proposed Mukilteo Initiative No. 2 is within the scope of the initiative power,” the ATS law firm’s complaint stated. “Proposed Mukilteo Initiative No. 2 would improperly interfere with the exercise of a power delegated by state law to a local legislative authority.”

Wisconsin’s highest court yesterday approved police use of Global Positioning System (GPS) devices to track motorists, as long as a valid search warrant is obtained. In 2003, Madison Police Detective Mary Ricksecker attached a tracking device to the 1980 Chevy Beretta as it sat on the private driveway belonging to Michael A. Sveum, then age 35. Sveum was suspected of stalking his ex-girlfriend, Jamie Johnson based on nine hang-up calls that were placed at payphones around the city. The tracking device was eventually used to connect Sveum to the time and place of other calls.

The Wisconsin Court of Appeals on Wednesday overturned the conviction of a woman arrested for driving under the influence (DUI) because she smelled of alcohol. Brittany A. Meye, 22, stopped for gas at a Kwik Trip gas station on January 22, 2009 just before 3:30am. A Pewaukee police officer claims that he caught the scent of intoxicating beverages as Meye and her passenger walked past him into the store. After a few minutes inside, the pair returned to their vehicle, and the officer arrested Meye as she got behind the wheel. The appellate court found the officer’s response inappropriate.

So when you thought things at Toyota are getting back to normal, what with NHTSA backpedaling on their ghost in the machine busting attempts, here comes a biggie: A federal grand jury in New York served Toyota with a subpoena, seeking information relating to defects in its steering relay rods. Fancy lawyers call that a subpoena duces tecum, and charge more. The Washington Post reckons this might “potentially widen an investigation that began with reports of sudden unintended acceleration.”

A pair of Cuyahoga County, Ohio cities are likely to have a public vote on banning red light cameras and speed cameras in November. A sufficient number of residents in Garfield Heights and South Euclid signed a referendum petition that organizers expect to turn in this week, as early as today. Once approved, these municipalities will join Anaheim, California; Baytown and Houston, Texas; and Mukilteo, Washington in voting on the future of cameras on November 2.

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 from the group CameraFraud.com 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.

The New Jersey Supreme Court unanimously decided yesterday to clarify the circumstances under which a judge can suspend a driver’s license over a traffic violation. The high court previously had offered no guidance on the subject, leaving lower courts with the discretion to take away the right to drive from motorists for any reason. This happened to Laura Moran who received a 45-day suspension for a reckless driving incident that took place August 3, 2007 at 3am in Aberdeen Township.

A sheriff’s deputy in Noble County, Indiana blew a case against a man suspected of driving under the influence of alcohol (DUI) after he drew his gun on the motorist without probable cause. The state court of appeals on Friday tossed the felony drunk driving conviction of Daniel C. Reinhart because of the actions of Deputy Carey Coney around 3am on August 6, 2008.

The Appeals Court of Massachusetts last month confirmed the principle that a police officer has no more power than any other citizen outside of his legal jurisdiction. The decision came in the context of an August 4, 2006 incident where Joseph Limone was driving his Oldsmobile on Montvale Avenue in Woburn just past Interstate 93. Limone rear-ended the car in front of him, which just happened to be driven by a uniformed police officer.

According to AZfamily.com, Arizona’s controversial freeway speed cameras will come down this week, as a result of governor Jan Brewer’s decision to not renew the state’s contract with Redflex. In addition to public opposition to the cameras, a lack of revenue flowing to the state appears to have been a factor in the decision to shut down the cameras. Apparently, the cameras generated over 7,000 tickets in their first year of operations, but because so many motorists simply ignored the tickets and the state didn’t have enough process servers, only about $30m of the estimated $90m in fines that should have been generated by those tickets was actually paid to the state. Arizona’s freeway speed cameras should be deactivated by this Friday.

The TaxPayers’ Alliance and Drivers’ Alliance last week calculated that UK speed cameras issued £87,368,227 (US $131,256,380) worth of tickets in fiscal 2009 without any demonstrable safety benefit. Since speed cameras were first installed on British roads in 1991, the roads became more dangerous than they would have been without photo enforcement, according to the report.

Ohio’s second highest court on Thursday ruled that a constitutional challenge to photo enforcement should proceed. Attorney Jeffrey Posner had appealed a speed camera ticket he received from a private contractor operating in Cleveland on the grounds that the way the private firm handled the evidence undermined his right to due process. A three-judge panel of the Court of Appeals for the Eight Appellate District found merit in his concerns and reversed the Cuyahoga County Common Pleas Court decision that previously had found no problem with the system of automated ticketing.

In what amounts to a landmark policy shift, NHTSA now recommends that customers take quality problems in their own hands, and perform recalls themselves. Take NHTSA Campaign ID number 10V305000.

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.

Hawaii’s Supreme Court ruled in September that speeding tickets issued on the basis of laser speed gun readings were not valid ( view decision). The high court followed up this ruling in March by overturning a case where the officer in question claimed he used pacing to estimate the speed after the laser evidence was thrown out ( view decision). Dozens of motorists convicted by lidar evidence are now being forced to take their case to the Intermediate Court of Appeals in order to clear their names.

The New Mexico Supreme Court on Thursday expanded the ability of police to jail suspects for driving under the influence of alcohol (DUI) by allowing arrests to be made solely based on third-party tips. The ruling was handed down two weeks after the same court had relaxed DUI arrest rules so that motorists sleeping off a night of drinking in their automobiles would not be hit with the same penalty as if they had driven away ( read decision).

The NRA, the Pope, Porsche and Piech, all eyes were on the Supreme Court for the last few days: Gun owners watched the Chicago case (right to arm bears upheld.) Accountants and CPAs monitored the treatment of their favorite boondoggle, a.k.a. Sarbanes-Oxley (upheld.) Rome said “oh my God” when they heard that a lawsuit that accuses the Vatican of conspiring with U.S. church officials to cover up sex abuse could proceed. Meanwhile, Germany’s attention, from Zuffenhausen to Wolfsburg, was fixated on Morrison v. National Australia Bank, No. 08-1191. The Supreme Court seriously frustrated attemps by overseas investors who want to drag non-American companies into American courts. Champagne corks popped at Volkswagen and Porsche. The Guardian: “America’s supreme court has told prospective European claimants to take their claims back to Europe.” So what does that have to do with Porsche?

A woman driving between Texas and Montana was stopped in South Dakota for the crime of driving with too many cats. In the case known as “South Dakota v. Fifteen Impounded Cats,” that state’s highest court ruled Wednesday that the feline seizure was the appropriate response. On August 13, 2009 at around 11:15pm, a Pierre policeman had stopped Patricia Edwards as she was backing out of a parking spot. Edwards, broke, was living out of the car with fifteen cats and all of her personal belongings.

The city council in Mukilteo, Washington voted on Monday to reverse itself on the issue of photo enforcement. After over 1909 voters signed a petition to call for an election to ban red light cameras and speed cameras, council members began to have second thoughts about their contract with American Traffic Solutions (ATS) to operate automated ticketing machines. ATS also operates in the neighboring town of Lynnwood.

What do you call it when you roll through a stop sign with only a perfunctory tap on the brakes? Here in Oregon, the name “California stop” seems to have stuck. But it turns out that Oregon’s petty provincial put-down may just be a backhanded compliment. According to Gary Lauder, stop signs suck and should be replaced, if not ignored. And you know what? He’s got a hell of a point. Check out his recent presentation from the TED conference, and contemplate the possibilities of a post-stop sign world.

The Oregon Court of Appeals earlier this month threw out a commonly performed roadside sobriety test as unscientific. A divided three-judge panel found the accuracy of vertical gaze nystagmus in establishing drunkenness remained unproven in the eyes of the court.

A red light camera company faces being fined for running an illegal operation in the state of South Dakota. Last Tuesday, a circuit court judge ruled that Redflex Traffic Systems and the city of Sioux Falls violated state law and the US Constitution when they set up automated ticketing machines without approval from the state legislature. The question of whether Redflex is financially liable, and to what degree, will now be determined by a jury.

Before the TREAD act came about in the year 2000, I had a PowerPoint chart showing the inside of a U.S. jail, along with inmates (I won’t show the image to avoid a discussion of racism). The headline was: “This is where your career can end.” It was for internal Volkswagen consumption only. Somehow, imprisonment never became law. This was then, this is now: If Washington lawmakers get their wish, managing a car company can imperil livelihood and freedom of the top managers.

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.

A lawsuit brought in California against Toyota led to the disclosure of allegedly damning documents that could cost Toyota another huge fine if the documents contain what the lawyers say. Unless lawyers (or the media) were asleep at the wheel. According to USA Today, these documents “point to possible delays involving an earlier safety issue, one that could result in loss of steering control.” USA Today says records that are part of the lawsuit show that Toyota was dealing with cracking and breaking steering relay rods in the U.S. for at least 11 years before it recalled 330,000 pickups and SUVs in Japan to replace the rods — and 12 years before its 2005 recall of nearly a million similar trucks in the U.S.

Sounds kind of familiar. I’m not suffering from Alzheimer yet, so let’s go on a fact-finding mission to the TTAC archives …

Red light cameras in San Mateo County, California received a one-two punch as an appellate court and a grand jury called into question the way red light cameras operate in the county. On Monday, the San Mateo County Civil Grand Jury released a report suggesting that the eight cities within the county that use photo enforcement are preoccupied with revenue. The report found that although cities claimed their sole interest was safety, officials failed to furnish reliable evidence to back up the assertion.

Appellate courts in California are becoming increasingly upset at the conduct of cities and photo enforcement vendors. On May 21, a three-judge panel of the California Superior Court, Appellate Division, in Orange County tossed out a red light camera citation in the city of Santa Ana in a way that calls into question the legitimacy of the way red light camera trials are conducted statewide. Previously, a string of brief, unpublished decisions struck at illegal contracts, insufficient notice and other deficiencies. This time, however, the appellate division produced a ten-page ruling and certified it for publication, setting a precedent that applies to the county’s three million residents.

Salutations, my good friends of the United States of America!

I am Mrs. Cammu Cori-Ganacha, the third wife of the former Nigeria head of State who died on the 8th of June, 1998. Under the strictest of confidence, I bring sad news that Automotive World are reporting that our good friends of Stuttgart, Daimler AG, are under investigation from the oppressive regime that is Nigeria’s Economic and Financial Crimes Commission for alleged bribes of 15 million of your U.S dollars. The alleged crimes of this upstanding and fine German company go back the 1970’s when they set up a joint with a local vehicle assembler called Anammco.

Chrysler is sending out recall notices to owners of 25,000 Dodge Calibers and Jeeps. The reason: Accelerator pedals could become stuck and cause unintended acceleration, Chrysler said according to a report in Reuters. Sound familiar? Wait, there is more …

Drivers tooling around East College Avenue that runs past the Penn State campus showed symptoms of distracted driving after an encounter with an electronic road sign. It flashed the common “Stay Safe PA,” followed by a highly uncommon “Check for Smegma.”

To those not in the know, Centre Daily provided the needed trivia:

The NHTSA has definitely shut down on-line access to attachments in their Office of Defect Investigation complaint database. It’s about time, but it isn’t enough. To quote Kris Kristofferson, the database has always been “a walking contradiction, partly truth and partly fiction.” The database has been abused for political propaganda purposes. Now, that it has served its purpose, the database is being shut down. Partially. They have locked away the only content that is of real value: The evidence. We preserved some. To show you what you will be missing.

Our Canadian pal carquestions took a look through NHTSA’s public complaint database, and found four examples of personal information that NHTSA should have redacted but didn’t. You kow, things like names, birth dates, social security numbers, addresses, VINs, and drivers license numbers. And he found those four after searching through “12 or 15” of the 792,000 publicly-available NHTSA complaint cases. He’s calling on NHTSA to shut down public access to the database until it can get a handle on this problem. (The NHTSA listened.)

The long-simmering dispute over hybrid technology patents between Toyota and the Florida engineering firm Paice is rolling on, as Bloomberg BusinessWeek reports that a judge from the U.S. International Trade Commission refused to dismiss the Paice suit. That suit builds on an earlier ruling requiring Toyota to pay Paice royalties on its Prius, Highlander Hybrid and RX400h sales (Toyota is challenging the amount of these royalties, ordered by a federal judge in Texas).

A federal jury ruled Thursday against a traffic camera company that had sought to impose a $20 million fine on its nearest rival. The panel of eight spent an hour-and-a-half to arrive at the verdict denying American Traffic Solutions (ATS) payment for contract revenue lost in twelve cities after the Australian firm Redflex Traffic Systems snuck uncertified equipment into the country in violation of Federal Communications Commission regulations.

Chrysler is doing better than GM. At least when it comes to winning arbitration cases brought by culled dealers. GM lost both cases brought against them. Chrysler bats much better.

Police can pull over a car that has committed no traffic violation based solely on vague accusations made in a 911 call, the Utah Supreme Court ruled Friday. The court considered the case of Jose Baltarcar Roybal whose live-in girlfriend, Annalee McCaine, called 911 after the pair had a fight August 8, 2005.

Congressional lawmakers are mad at Toyota. What has Toyota done now? Their sin this time: They may have harbored a secret “attack plan against congressional testimony.” This, says the Washington Post, has “drawn the ire of the House Energy and Commerce Committee.”

The other day I heard a saying which I think is rather apt for this article:

“You can shear a sheep many times, but you can only skin it once”. Except in this article the “shear” is “fleecing” and the sheep is “Daimler.” Bah, bah, bah. Firstly, the U.S Government did a little shakedown of Daimler to the tune of $185 million. When that succeeded, our friends in Russia decided to check this gold mine for any left over deposits. Word spread of them thar gold in Sindelfingen. Incoming golddiggers! Forexyard (via Reuters) reports that Egyptian authorities are going to investigate the matter in relation to bribery in Egypt.

Yes, in Egypt.

The national 55 MPH speed limit may have been repealed in 1995, but the Oregon Department of Transportation (ODOT) has refused to raise the limits on most freeways beyond 65. That makes Oregon the slowest state west of the Mississippi. Ted Carlin, 61, wants to call attention to this situation by making a 456-mile walk across the state — at a 3 MPH walking pace.

State officials can punish an individual for driving under the influence of alcohol (DUI), even if they are unable to prove the accused was ever behind the wheel, the West Virginia Supreme Court ruled Thursday. The decision came in the case of Eric R. Cain who was found lying passed out on in front of his car on Route 19 by Marion County Sheriff’s Deputy Todd Cole at around 2:30am on June 2, 2007. The car had been safely parked and there was no key in the ignition.

The Denver Business Journal reports that the Colorado Senate has approved fines of $10,000-$25,000 per day for any automaker that does not comply with its law (HB-1049) requiring reinstatement or compensation of culled dealers. That law was passed earlier this year, drawing a $60,000 vote-no lobbying effort from GM. It also gives culled dealers the right of first refusal for new franchises opened within five miles of their shut dealership within five years, and states that if a franchise has been re-awarded, the culled dealer can demand the return of his franchise. According to the DBJ:

Three terminated Chrysler dealers requested their re-awarded franchises back after the law was signed and said they were told by the company that it had no intentions of complying with it. Chrysler then filed a federal lawsuit on April 23 against Colorado, claiming the new law contradicted terms laid out in Chrysler’s bankruptcy agreement and violates the contract clauses in the state and federal constitutions.

In the past few weeks, motorists in Arizona, Maryland, Missouri, Oregon, Texas, Washington state and the UK discovered that they had been wrongly issued red light camera and speed camera tickets. In Baltimore, Maryland, for example, the speed camera at the 2200 block of West Cold Spring Lane was set to ticket drivers as if the speed limit were 30 MPH. In fact, the limit for eastbound traffic is 35 MPH. Baltimore officials now must issue refunds after 932 motorists were falsely accused, WBFF-TV reported. The tickets would have been worth $37,280. Only 200 vehicle owners had paid the citation before motorist Brian Struckmeier blew the whistle on the speed limit error.

Vehicle owners ticketed by Maryland speed cameras may find relief after one motorist earlier this month discovered how to beat the system. Peggy Lucero began her legal battle after Affiliated Computer Services accused her of speeding in Gaithersburg on Saturday, November 21, 2009. She did not believe the citation was accurate.

Have you ever done serious business in Russia? Nyet? If you want to keep your conscience pure, don’t. It’s a “gotta pay to play” country. If you don’t make regular payments, the best that can happen to you is that you are out of business. In more serious cases, you pay with your life – a common currency in that country.

Behind that backdrop, it’s humorous to read that “the Russian Prosecutor-General’s Office has asked the United States to provide information about corruption that reportedly accompanied the sale of Mercedes limousines by Russian law enforcement agencies, Prosecutor-General Yuri Chaika told the Federation Council.” That according to Russia’s news agency ITAR-TASS. (It’s “sale to law enforcement agencies.” Someone with lesser English may have made a payment. See video.)

Deutsche Straßen sind nicht der Nürburgring.

But there I go, quoting German Minister of Transportation Peter Ramsauer out of context, and in the original. Herr Ramsauer’s rebuke comes on news of a late-night crash involving a future Mercedes ML Class prototype, that resulted in the death of a 26-year old man over the weekend. The crash took place on a stretch of non-speed-limited autobahn between Singen and Stuttgart, favored by Mercedes and Porsche for high-speed testing. Apparently the victim had been involved in a minor accident and was trying to exit his vehicle (stalled in the left lane, according to Der Spiegel) when the Mercedes test mule slammed into his car, killing him instantly. The 52-year old test driver is under investigation for negligent homicide.

Automotive News [sub] reports that 19 rejected Canadian GM dealers have been given the green light to sue GM as a class, rather than go through the arbitration process that is being used to resolve dealer cull disputes in the US. The dealers are suing GM for breach of their dealer agreements, and for failing to provide compensation beyond wind-down costs. They argue that the arbitration process would be expensive for dealers, non-transparent to the taxpayers who funded GM’s reorganization, and would put GM at an unfair advantage.

A few weeks ago, I wrote about how cynical I was becoming about the sudden SUA syndrome with Toyota and how I found it amazing how quite a lot of these cases involve our more “mature” members of society. I used the story of Miss Myrna Marseilles, 76, who crashed her 2009 Toyota Camry (which was fixed the under the recall program), into the wall of a YMCA.

I inferred in the article that this was simply a case of driver error and nothing more and some people agreed with me. Peregrine Falcon bet $20 that this was down to pedal confusion. 210delray reckoned it had “all the elements of pedal misapplication”. Well, Peregrine Falcon, if anyone took you up on that bet, it’s time to collect. We were right.