#Law

As The Wall Street Journal‘s Dan Neil explains, pedestrians aren’t just annoying, they’re also responsible (in part) for some of the most astonishingly dull designs in all of autodom… like the 2011 VW Jetta. Trends towards rising beltlines, strangely high hoods, reduced visibility, and general carved-from-cheese-ishness in automotive design can all be tied to European pedestrian crash test standards. With a little help from unimaginative designers, global product strategies and consumer apathy, of course.

The Michigan state House of Representatives yesterday voted unanimously to repeal its so-called driver responsibility fee program, an unpopular tax on traffic citations. State Representative Bettie C. Scott (D-Detroit) was the primary sponsor of legislation that will end most of the fees by January 1, 2012 and, before then, cut the amount motorists owe by half.

“Obviously we must do what it takes to keep our roads safe for all travelers, but driver responsibility fees place an onerous and unnecessary financial burden on too many Michigan drivers,” Scott said in a statement. “The Driver Responsibility Act is flawed legislation that has failed the test of time. It has unfairly penalized our hard-working residents during one of the worst financial crises we’ve ever seen.”

The Minnesota Court of Appeals yesterday upheld the conviction of a motorist whose pants fell down after he was ordered to put his hands up. Judge Kevin Ross noted on behalf of the three-judge panel considering the case that previous courts had never considered a search quite like the one conducted on Frank Irving Wiggins as he was ordered out of his car in the parking lot of a St. Paul White Castle in November 2008.

Officer Kara Breci had seen Wiggins in his idling vehicle and assumed he was involved in a drug deal since he was not eating. Breci investigated. After she saw a rear-seat passenger with a bag that looked like it contained marijuana, she ordered Wiggins and two passengers out of the car with hands on their head. The loose-fitting jeans Wiggins had been wearing immediately fell to the ground. As Breci pulled up Wiggins’s pants, she felt an object that turned out to be a .380 pistol in his pocket. Because of his prior convictions, Wiggins was arrested and convicted by a district court for unlawful possession of a firearm.

The Washington state Supreme Court on Friday rejected the motion filed on behalf of a traffic camera company to block a public vote on the use of automated ticketing machines. In a two-sentence order, the court refused to intervene in the scheduled November 2 election in the city of Mukilteo where residents had signed a petition forcing a red light camera and speed camera ban onto the ballot. The denial of a motion for an emergency injunction came a month after the Snohomish County Superior Court also declined to stand between the voters and the ballot box ( view decision).

Police officers in the commonwealth of Virginia can track the movements of motorists with secretly installed satellite tracking devices on their own authority, the state court of appeals ruled Tuesday. On February 1, 2008, Fairfax County police had attached a GPS tracking device to the work van of David L. Foltz, Jr based on a hunch that Foltz may have been involved in a series of crimes. The officers did not bother obtaining a warrant or asking the permission of the company that owned the van. The department used such devices on 159 such occasions between 2005 and 2007 but no policy guidelines were ever drafted to govern their use. Using a magnet and tape, an officer stuck the GPS unit under the van’s bumper while it was parked on a public street.

More and more cities are thinking about installing light rail on city streets as the federal government holds out the prospect of greater subsidies diverted from gasoline tax funds. The California Court of Appeal on August 30 ruled that a lower court erred in throwing out a lawsuit against the city of Los Angeles for negligence in a fatal accident involving a metro Blue Line train. The incident reveals the significant threat high-speed rail can pose when run on streets designed for automobiles.

In less than three years, officials in New South Wales, Australia have been forced to refund 18,944 faulty or illegally issued speed camera citations. Between July 2007 and May 2010, the state government has returned A$3,788,885 worth of citations issued by automated ticketing machines that were not operating properly, according to freedom of information documents obtained by the NSW Liberal Party, which used the figures to attack the party in power.

Fighting speed camera and red light camera tickets in federal court is becoming increasingly difficult as yet another US district court judge yesterday embraced the use of automated ticketing machines. Judge Nanette K. Laughrey dismissed the class action lawsuit that Gregory Mills had filed against the city of Springfield and Lasercraft, a private vendor that has since been bought out by American Traffic Solutions. Mills argued that because the Missouri Supreme Court in March struck down the city’s program as illegal ( view decision), those who received tickets were entitled to a refund.

The citizen-led groups that want the public to decide the future of red light cameras are racist, according to lawsuits filed by American Traffic Solutions (ATS) in a pair of Texas cities. The Arizona-based photo enforcement firm filed in a state court in Baytown on Thursday and then an ATS-funded front group filed an identical case in a federal court in Houston on Friday. Residents in both cities signed petitions placing a ban on automated ticketing machines onto the November 2 ballot, but ATS cites the landmark Voting Rights Act of 1965 as a reason to block these votes.

While red light camera firms are facing significant legal peril as vehicle owners in California and Florida are fighting citations in court through class action lawsuits, the stakes are even higher when the companies themselves battle one another in the courtroom. The US Court of Appeals for the Ninth Circuit is now reviewing a number of issues brought in the suit filed by American Traffic Solutions (ATS) against its Australian rival, Redflex Traffic Systems.

A 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.

An Ontario, Canada judge in July faulted the Ontario Provincial Police (OPP) and Attorney General of Ontario for attempting to confiscate $46,078 contrary to the law. Officer Paul Barkley had pulled over a 2000 Mazda traveling on Highway 401 near Morrisburg just after midnight on October 16, 2009. Barkley had assumed the driver, Remus Petran, might have been drunk because he was driving below the speed limit. After speaking to Petran, who was sober, Barkley decided to search the vehicle.

In the Mazda’s trunk, Barkley found a gym bag containing CDN $74,980. Petran explained that he worked in construction and was paid in cash. For this, Petran was arrested for possession of property obtained by crime and his car towed away. After police found no evidence of a crime, Petran was unconditionally released with his car and without any charges filed — but police kept the cash.

The Institute of Transportation Engineers Journal published in May the results of an extensive Los Angeles, California Police Department evaluation of the effectiveness of license plate covers and sprays designed to defeat automated ticketing machines. The results showed that the popular countermeasures did not work well under actual field conditions using the red light cameras operated in the city by Nestor Traffic Systems (the firm has since gone bankrupt and American Traffic Solutions now runs the program).

The California state Senate on Wednesday voted 63-11 to give final approval to a measure that will cut the fine for the most common type of red light camera violation in half. Under existing law, motorists who make safe, rolling right-hand turns at monitored intersections may receive a $500 bill in the mail from a private company operating on behalf of a municipality. In the past few years, the “California stop” at some locations have begun to account for up to 98 percent of automated ticketing machine citations.