#Law

Red light camera operator American Traffic Solutions (ATS) dramatically increased spending on an effort to thwart a November 2 referendum that would outlaw the use of photo enforcement in Baytown, Texas. After losing a similar referendum vote in College Station last year, the company is not taking chances and has boosted spending on its front group, Safety Cameras for a Safer Baytown, by 125 percent over what was spent in College Station, a city of about equal size.

A motorist is using federal anti-racketeering statutes to go after the red light camera and speed camera program in Tempe, Arizona. Dan Gutenkauf filed his complaint last week in the US District Court for the District of Arizona and happened to land the same judge, Frederick J Martone, who presided over the recent American Traffic Solutions (ATS) vs. Redflex case which is currently under appeal. The suit names Redflex employees, police officials, politicians and judges as defendants.

“I feel this lawsuit is very comprehensive and I have spent a lot of time over the last two years doing the legal research, gathering evidence and drafting the complaint,” Gutenkauf told TheNewspaper. “And I have my appeal victory from the lower court propelling me into federal court.”

The US Court of Appeals for the Third Circuit on September 30 used a loophole to uphold the legality of Massachusetts Turnpike toll road rates that discriminate against most out-of-state drivers. Those participating in the “Fast Lane” program, almost always residents of Massachusetts, receive a 25 cent discount on Allston-Brighton tolls and a 50 cent discount at the Sumner and Ted Williams tunnels. Regular commuters would save between $250 and $500 a year.

I believe that, legally, I’m still their U.S. distributor. And I want trucks delivered to our dealersImporting niche vehicles from an unknown foreign automaker has long been a fraught process for US-based entrepreneurs, and John Perez’s attempt to bring diesel-powered Mahindra pickups to the US has been no exception. For four years, Perez’s Global Vehicles distribution network waited while Mahindra sought EPA certification for its diesel pickup engine, and then six days after approval arrived, the Indian firm dumped Perez with little ceremony. Now Mahindra says it will consider giving franchisees to the dealers who paid Perez up to $200k for the right to sell Mahindras, but that it is not obliged to do so. Perez is suing Mahindra for failing to fill an order for pickups, while dealers are considering suing Perez and Mahindra is seeking to end its agreement with Perez so it can distribute pickups through independent dealers. Mahindra’s Roma Balwani tells Automotive News [sub]The current dealers’ contract is with GV [Perez’s distribution channel, Global Vehicles] and hence they do not automatically become Mahindra dealers. However, we would be considering these dealers for our network if they are interested. We will need a new distribution network and soon we will start a dialogue with potential dealers, including the ones who are signed up with GV, if they are interested in signing up with Mahindra.

In July, a three-judge panel of the appellate division of the Superior Court of California in Orange County ruled that red light camera tickets issued at certain intersections in Santa Ana were invalid because the city failed to provide legally required notice. The case was certified for publication, and last month the cities of Santa Ana and West Hollywood petitioned the state supreme court to undo this certification, which is extremely rare for photo ticketing programs. Unpublished cases cannot be cited as precedent in California, and motorists interested in challenging citations will have to repeat from scratch all arguments about the program’s illegality.

The Louisiana Legislative Auditor’s investigation of the Jefferson Parish payroll wrapped up Wednesday, revealing that the parish’s red light camera program was at the center of a scandal that drew the interest of federal investigators. Auditors concluded that former parish President Aaron Broussard and former parish attorney Tom Wilkinson likely violated payroll fraud statutes.

Cars in public parking lots can be searched at any time by police with drug sniffing dogs, the Indiana Supreme Court ruled last week. The precedent was handed down in the case of James S. Hobbs IV who was arrested on March 13, 2009. State troopers had an arrest warrant for Hobbs and were waiting for him across the street from the Pizza Hut where the suspect worked. At 9:15pm, Hobbs left the restaurant and placed an object in his car, but the police were not able to grab Hobbs before he returned to the restaurant.

Baytown, Texas has been caught using an illegally short yellow time at the latest city intersection to be monitored by a red light camera. Tickets have been issued since January 30 at the intersection of Cedar Bayou Lynchburg Road at Garth Road where the yellow time is set to 4.0 seconds, the bare minimum acceptable amount for an intersection posted at 40 MPH according to Texas Department of Transportation guidelines. The Baytown Red Light Camera Coalition (BRLCC) uncovered the fact that the intersection approach is in fact posted with a 45 MPH sign, meaning the bare minimum legal yellow for the location is 4.3 seconds, not 4.0 seconds.

The day after Toyota announced that it still hasn’t found an electronic cause for unintended acceleration in its vehicles and that UA complaints are down 80%, Consumer Affairs reports that Allstate Insurance filed a $3m suit against the Japanese automaker, claiming it “essentially hid the problem.” The suit, filed in the Southern Californian district court that is hearing all UA-related suits against Toyota alleges

Furthermore, the suit claims that it had to compensate UA-related claims because Toyota hadn’t fitted a brake-override to its vehicles, a feature that is not yet required by law. Toyota is adding brake-override to all of its 2011 models, but claims that Allstate’s charges “have no basis.”

The police chief in Oak Ridge, Tennessee received an all-expense paid vacation in Arizona, while collecting his on-duty salary, in return for his providing testimony that helped save Redflex Traffic Systems from paying millions in possible damages. The Australian firm came under fire after it was caught falsely claiming on customs forms that the radar units it had imported were certified by the Federal Communications Commission (FCC). From 1998 to 2008, every time Redflex turned on a mobile photo radar unit, it violated federal law. When a rival firm, American Traffic Solutions (ATS), discovered this fact, it blew the whistle in a federal court case, the first round of which wrapped up in the spring.

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 ( view bill). The potential loss of income from the change raised opposition outside the legislature.

Being arrested for driving under the influence of alcohol (DUI) can cost a motorist thousands of dollars in court fines, insurance costs and attorneys’ fees. At least 79 accused drivers were notified last Friday that the police officer that charged them with drunk driving had likely falsified at least one piece of evidence. Sacramento County District Attorney Jan Scully threw out the cases after an investigation into the conduct of Sacramento Police Officer Brandon Mullock, 24.

Police can stop a driver for backing up quickly on an empty road in the middle of the night, the Wisconsin Court of Appeals ruled last Thursday. At around 1:35am on July 28, 2009, city of Tomah Police Officer Jarrod Furlano watched from a parking lot as Matthew Pudlow backed up his car at East McCoy Boulevard to get into the left-hand turn lane so he could turn onto North Superior Avenue. No other cars were anywhere near. Pudlow’s car did not swerve, hit any curb or squeal its tires.

A notorious Missouri speed trap town was busted Wednesday by the state auditor for violating the law. Randolph, Missouri has a population of just 47 people, but the police department last year dished out 3132 fines — nearly all speeding tickets issued to motorists passing through on Highway 210. A formal examination of the city’s book uncovered the fact that Randolph made more than thirty-five percent of its revenue from freeway traffic ticket, in violation of the Macks Creek law, an anti-speed trap statute named for a town that went bankrupt after its ability to issue speeding tickets was revoked.