#Law

Voters in Bellingham, Washington are likely to have the final say in whether or not to continue using red light cameras and speed cameras. A Whatcom County Superior Court judge yesterday threw out the attempt by photo enforcement vendor American Traffic Solutions (ATS) to immediately block the measure from being considered. The court believes ATS has an uphill battle to prove its case.

“ATS has not demonstrated that it will suffer immediate and irreparable injury if the temporary restraining order is not granted,” Judge Steven Mura ruled. “ATS’s motion for a temporary restraining order is denied.”

Hundreds of Houston, Texas residents swarmed the city council chambers yesterday to complain about the reactivation of red light cameras. Voters in November enacted a charter amendment banning the use of automated ticketing machines, but a federal judge worked with the city attorney and vendor American Traffic Solutions (ATS) to nullify the election so that the cameras could come back.

“Ever since I was a little kid I was told this was the greatest nation in the world and it was great because I had a vote and my vote counted,” resident Terry Dry said. “It appears my vote does not. I’m asking y’all as our elected leaders, we voted. Turn them off. And if you’re not going to do that, I would like to know where each council member stands on the issue so that we can get some people in here who will do the people’s will in the next election.”

[Ed: This piece originally appeared at The Expired Meter]

Every morning, children who walk to school are familiar with the smiling, friendly faces and the outstretched arms of their local crossing guard who ensures they get safely to class each day during the school year.

But what do crossing guards do when school’s out for summer?

At least some of the friendly faced school crossing guards are spending their summer vacation writing parking tickets to Chicago drivers on behalf of the city.

It began as a pilot program last summer, and as a way to give crossing guards a way to continue to bring in a paycheck when school was finished in June, according to Crossing Guard Coordinator John Maciezjewski, a retired police officer. This year it has been rolled out city wide to give summer employment opportunities to the over 1100 crossing guards working for the city.

The Village of Palatine, Illinois prints the personal information of vehicle owners — including their address, driver’s license number, date-of-birth and weight — on parking tickets left under the windshield wipers of their automobiles. In a ruling handed down last month, the Seventh US Circuit Court of Appeals found no problem with this procedure.

Motorist Jason Senne had filed suit against what he saw as an outrageous violation of privacy after he received a $20 parking ticket in August 2010. The information printed on the citation, and left open to anyone walking past his vehicle, could be used by an identity thief. Senne argued this was a violation of the federal Driver’s Privacy Protection Act which prohibits disclosure or otherwise making available the information found in motor vehicle records.

Backers of ballot initiatives that would ban photo enforcement in a number of cities in Washington state are fighting back against municipal efforts to silence their vote. Traffic camera companies have become increasingly bold in their efforts to prevent the public from deciding whether red light cameras and speed cameras should be used in any given community.

American Traffic Solutions (ATS) scored its first victory in May when it found an activist judge in Chelan County willing to block residents from even filing a petition to their government regarding the use of traffic cameras in the community ( read decision). Just days after the decision came down, the state supreme court discussed traffic camera initiatives, and several justices pointed out that blocking signature collection efforts would be a violation of the state constitution. Nonetheless, to bypass the legal blockade, initiative co-sponsor Matt Erickson is circulating a second petition that schedules an advisory vote on taking down the cameras at every election until the devices are finally removed.

Red light cameras are coming down in Los Angeles, California after midnight on Sunday. The city council yesterday voted unanimously to drop the program primarily over the county court system’s refusal to enforce unpaid tickets, depriving the city of millions in expected revenue. The council instructed the city attorney to work with American Traffic Solutions (ATS) to decide the cheapest way to remove the systems and process all tickets issued through the end of the month.

“We need to be clear about what we are doing here today with this particular vote,” Councilman Dennis P. Zine said. “I don’t want to give the wrong perception to the public that this program may continue in the future. As I noted, photo red light will be gone in four days. Cameras need to come down immediately to not create a smokescreen to affect the hope that we may turn them back on.”

The LA Times reports:

The City Council voted unanimously Wednesday to halt Los Angeles’ controversial red-light camera program, which has ticketed more than 180,000 motorists since beginning in 2004. The program will officially end July 31.

The action followed a similar vote last month by the city Police Commission, which sought to drop the 32-camera program in part because of the difficulty in collecting fines.

But wait, the news gets better! Earlier today, the LAT helped bust the photo enforcement program wide open, reporting:

City officials this week spotlighted a surprising revelation involving red-light camera tickets: Authorities cannot force violators who simply don’t respond to pay them. For a variety of reasons, including the way the law was written, Los Angeles officials say the fines for ticketed motorists are essentially “voluntary” and there are virtually no tangible consequences for those who refuse to pay.

It’s a little more complicated than that, but those are the broad strokes.

The one man most responsible for the spread of red light cameras in the United States is now enjoying the fruit of his labor. Richard A. Retting was New York City’s deputy assistant commissioner for traffic safety programs as the Big Apple considered becoming the first in the US to operate intersection cameras. Planning for the program began in 1983 and continued through 1991 when then-Mayor David Dinkins activated the system. For this achievement, Retting was dubbed the father of the red light camera in America, and today he is earning money directly from the systems that have followed New York’s lead.

Research into environmentally sensitive ways of running a car, AKA “green patents” have been in the news lately and it’s been good news for GM’s image. The Detroit automakers in general are not seen as technology leaders, particularly in terms of alternative energy. Bob Lutz saw the Chevy Volt as a way of changing that perception, taking away some green luster from Toyota. Since there is usually considerable time between a patent’s filing and its granting, patents granted in the last 2 or 3 years are a good reflection of what a company has been doing for the past 4 or 5 years, and there’s evidence that Lutz’s strategy was not just a PR job but also a reflection of a very large amount of research and development at the automaker. Cleantech Group, of the Heslin Rothenberg Farley & Mesiti intellectual property law firm, publishes the Clean Energy Patent Growth Index. The CEPGI tracks the granting of U.S. patents for solar, wind, hybrid/electric vehicles, fuel cells, hydroelectric, tidal/wave, geothermal, biomass/biofuels and other clean renewable energy. The law firm publishes the CEPGI quarterly and then tabulates the annual results.

Over the last several years, Toyota has fought off suits by a firm called Paice, which claimed to own patents on technology used in Toyota’s hybrid drivetrains. Toyota settled that dispute a year ago, but now Bloomberg reports that another firm is going after Toyota’s hybrid Intellectual Property (IP). According to the report

Efficient Drivetrains Inc., based in Palo Alto, California, has an exclusive license from the University of California for use of the technology, including the way electricity is drawn from a battery to power an electric motor and an internal combustion engine, according to a July 20 federal court complaint filed by Toyota in San Jose… The five patents at issue also include technology, invented by EDI co-founder Andy Frank, on ways to control the power output of an internal combustion engine and a method to draw electricity to operate the electric motor and the internal combustion engine, together or separately depending on driving conditions

You can read Toyota’s complete filing here.

A third jurisdiction in Orange County, California is taking steps to ban the use of red light cameras. Later today the city council in Orange will vote on the first reading of an ordinance that would deter future councils from considering the devices. The city of 136,000 residents has never used photo enforcement, but the council unanimously directed the city attorney’s office in October to come up with the most effective language to deter future councils from considering them.

Driving with extreme care can be evidence of a crime, according to a ruling Thursday by the Wisconsin Court of Appeals. Motorist Kevin J. Burch was driving his pickup truck through West Salem at 12:44am when a police officer took notice. The officer watched as the truck slowed to a near stop at an intersection, even though there was no stop sign. At the next block, Burch again came to a full stop before proceeding. There was no other traffic nearby. The officer had taken a “drunk driving course” and found the driving suspicious — especially since he said it was “bar time.” The officer conducted a traffic stop.

On Sunday red light cameras will begin issuing citations once again in Houston, Texas despite the election result of November where a majority demanded the devices be taken down. US District Court Judge Lynn N. Hughes continues to deny the ability of the sponsors of the anti-camera initiative, Randall Kubosh and Francis M. Kubosh, to defend their effort against an election challenge mounted by American Traffic Solutions (ATS). Hughes on Wednesday ordered several legal arguments by the Kuboshes erased from the record.

“In court pleadings, the Kuboshes may not denominate themselves as intervenors, counter-defendants, third-party defendants, respondents, or anything else that they are not,” Hughes wrote in a separate July 7 order striking another legal brief. “In public, they may call themselves whatever they want.”

Public employees can take rides on toll roads at taxpayer expense, but these trips are not subject to disclosure according to a ruling Tuesday by the Pennsylvania Commonwealth Court. A three-judge panel denied the freedom of information request of the Harrisburg Patriot-News for E-ZPass transponder usage information data by for employees of the Pennsylvania Turnpike. On October 21 the paper sought details on the 2000 toll collectors who do not pay for use of the road, regardless of whether the travel was job related.

Government officials like Transportation Secretary Ray LaHood spend much of their time justifying their positions by tilting at national windmills like the “epidemic” of distracted driving, generally with relatively modest results. And yet, despite the massive increase in mobile device use over the last decades or so, on-road deaths per vehicle mile traveled are at an all-time low. So here’s a new “epidemic” for Secretary LaHood: lane discipline. Every time I take to the freeway, I’m absolutely shocked by the number of people driving at or below the speed limit in the left lane, and the number of people who stay in the fastlane even when there’s nobody to pass. And I don’t have to rely on anecdotal evidence to know lane discipline is a problem in America (or, at least in the Pacific Northwest). According to the PEMCO Insurance Northwest Poll,

43 percent of Washington drivers don’t know that impeding the flow of traffic in the left lane is against the law.

To which I say “bullshit.” Not only is it illegal to impede left lane traffic in Washington (and Oregon, where I live), but the freeways in both states have regular “keep right except to pass” signs, so the ignorance defense doesn’t really apply. People simply don’t care about maintaining lane discipline, and ignore any sign that urges them to do so. Clearly signage and the National Motorist’s Association’s Lane Courtesy Awareness Month aren’t doing the trick… and neither does giving the finger.