#Traffic

Although the US Supreme Court is expected to settle the issue of GPS tracking of motorists soon, a three-judge panel of the Ohio Court of Appeals, Fifth District ruled 2-1 earlier this month against the warrantless use of the technology. The majority’s decision was likely designed to influence the deliberations of the higher courts. On November 8, the US Supreme Court will hear oral arguments in the GPS case US v. Jones. The Ohio Supreme Court is also considering Ohio v. Johnson in which the Twelfth District appellate court upheld warrantless spying.
The present case began on January 14, 2010, when Franklin County Sheriff’s Department Corporal Richard Minerd’s investigation of a burglary brought him to a white Honda Civic in an apartment complex. Minerd slapped a battery-powered GPS tracking unit under the bumper that allowed real-time tracking of the vehicle’s location, speed and direction of travel. Minerd did not seek a search warrant before acting.

The city of Redmond, Washington decided last week that it had no intention of putting the issue of red light cameras and speed cameras to a vote of the people. The mayor refuses to transmit the completed petition signatures for an initiative on the topic to the county auditor, despite a state law that sets a three-day deadline for the city administration to do so. On Tuesday, Redmond police released data that show accidents have increased since at

A Florida law prohibiting the blasting of loud music from automobiles violates the first amendment, the Florida Court of Appeals, Fifth District, ruled on September 16. Shannon Montgomery had been driving in Marion County with his tunes “plainly audible” from a distance of twenty-five feet, contrary to the statute. He was pulled over and police eventually discovered he was carrying cocaine and marijuana.

Montgomery moved to suppress the evidence against him, arguing state law used to justify the traffic stop was overly broad and that “plainly audible” is an arbitrary standard. The appellate judges disagreed.

Photo enforcement advocates downplay the benefit of increased yellow time in addressing the problem of red light running. New evidence from Arnold, Missouri shows that red light cameras continue to flash at a much lower rate since the state mandated longer signal timing at a number of photo-enforced intersections.

Arnold was the first jurisdiction in the Show Me State to allow a private company, American Traffic Solutions (ATS), to mail traffic tickets to residents. Since 2005, ATS has handed out more than 30,000 tickets worth over $3.1 million. In 2010, tickets were being pumped out at an average rate of 800 per month. With longer yellows, that figure averaged just 113 through July and August using the most up-to-date data available.

Cities that use automated ticketing machines at intersections routinely assert two things: The camera does not lie, and at least three humans review each citation before it is dropped in the mail. That did not happen in Port Lavaca, Texas. On September 12, Port Lavaca Police Sergeant Kelly Flood signed a ticket accusing Dale Price of running a red light and demanding he pay $75 by October 12, but the light was green.

“Based upon my review and inspection of the recorded images, I state that a violation of ordinance #S-1-08 did occur,” the ticket stated just above Flood’s signature. “I declare under penalty of perjury under the laws of the state of Texas the foregoing is true and correct.”

Motorists issued a traffic ticket in Massachusetts will have to pay money to the state whether or not they committed the alleged crime. According to a state supreme court ruling handed down yesterday, fees are to be imposed even on those found completely innocent. The high court saw no injustice in collecting $70 from Ralph C. Sullivan after he successfully fought a $100 ticket for failure to stay within a marked lane.

Red light cameras and speed cameras may not be legally operating in Lafayette, Louisiana, according to current and former city officials. Councilman William G. Theriot was first to suggest that the city-parish President Joey Durel did not have the authority to unilaterally extend the contract with Australian automated ticketing vendor Redflex Traffic Systems when the agreement expired in June.

“I think a lot of people want to have a say so in what’s involved in it,” Theriot told KATC-TV. “Secondly if it is extended, we don’t know if the terms were negotiated or what was involved.”

[Editor’s note: The following was sent to us by Donald Sawicki of Copradar.com, a site where Mr Sawicki offers insight and literature on radar and red light camera safety issues to victims, defendants and legal professionals.]

The first step towards determining if a red light camera exists to make money is to answer the question: Does the traffic light force drivers that just happen to be in the wrong spot (worst case) when the light changes yellow to brake safely (worst spot at worst time)? If the answer is “safe braking for worst case” the camera probably exists for legitimate reasons of safety. If the yellow light forces unsafe or even dangerous worst case braking, the camera is strictly a source of money (a dangerous tax) that goes to cities or states and equipment suppliers (which typically split the booty). To catch (trap, trick, hook or crook) more redlight runners some municipalities shorten the yellow time forcing drivers (even NEAR worse case distance) to run the light. It gets worse: many jurisdictions use outdated driver reaction times (some established over half a century ago) when determining yellow duration, resulting in short yellow light times and unsafe worse case braking.

Lawyers for motorists in Missouri are looking to capitalize on recent discoveries regarding deceptive marketing campaigns orchestrated by red light camera companies. On Wednesday, The Simon Law Firm filed a class action lawsuit against American Traffic Solutions (ATS) and the city of Hazelwood seeking refunds for thousands of photo enforcement tickets issued without the sanction of state law.

“In bringing this class action, plaintiffs seek to expose what they and other Missouri citizens believe is an unscrupulous business venture between an out-of-state for-profit corporation and a municipal government seeking to fill city coffers,” attorneys Ryan A. Keane and John E. Campbell wrote.

Jurisdictions throughout the United States have been dropping the use of red light cameras and speed cameras. On Tuesday, the revolt spread to Strathcona County, Canada where the county council voted 5-4 to replace automated ticketing machines with real, live police officers.

“As far as we can tell, other than British Columbia a few years ago, we’re the first jurisdiction in Canada to remove photo radar,” Councillor Brian Botterill told TheNewspaper in an interview.

Toll roads at one point appeared to be unstoppable. Steady growth in traffic yielded rapidly rising profits, especially for pioneers in the field such as Australia’s Macquarie Bank where executives became so rich from deals that included the leasing of US roads that it was dubbed the “millionaires’ factory.” That all changed when the recession took hold and motorists scaled back on the mileage driven each year. Losses began to mount, and as a report released last week by Fitch Ratings argues, the dynamics for tolling may not improve in the near future.

“Fitch tracks data on toll roads, bridges, and tunnels across its ratings portfolio,” Fitch analysts wrote in the report, Downshifting: US Transportation Reacts as GDP Growth Flattens. “Traffic declined year over year as much as 10 percent during the Great Recession. Sustained positive growth in traffic commenced in February 2010. The most recent Fitch data indicates that growth in traffic volumes began slowly declining on tolled facilities, heading to zero growth in second-quarter 2011.”

Last month, a group calling itself the National Coalition for Safer Roads (NCSR) obtained a great deal of exposure for red light cameras through the “National Stop on Red Week” publicity campaign. Several police departments around the country participated, with most news reports treating the issue as a public service announcement. Documents show the group coordinating this effort, NCSR, is controlled exclusively by the photo ticketing firm American Traffic Solutions (ATS).

Police may not pull over a car simply because two passengers are riding in the back seat, according to a September 2 ruling of the US District Court for the Eastern District of New York. On December 30, 2009, a trio of New York Police Department officers had a hunch that a passing gold-colored Ford Crown Victoria with New Jersey license plates might secretly have been charging for rides.

The vehicle broke no traffic laws, but the officers became suspicious because in the dark at 1:30am, the officers only saw dark silhouettes of people in the back seat — and nobody in the front passenger seat. At trial, the officers were unable to provide a description of the vehicle, or identify any unusual activity from its occupants. None had ever seen this Crown Vic before. Officer Trent Narra testified that he had a “hunch” that the car was violating the New York City Administrative Code that fines individuals who operate cab service on the side without paying the $686,000 fee for a taxi medallion.

Arizona must subsidize those who ride on buses, vans and light rail, regardless of the desire of state lawmakers or voters to do otherwise. US District Court Judge David G. Campbell on Friday overturned a state law enacted in March last year to curtail excessive spending by slashing such subsidies. The legislature canceled the Local Transportation Assistance Fund, which had doled out $127 million in taxpayer cash since 1998 to various mass transit programs using funds from the Powerball lottery.

The Washington Court of Appeals yesterday delivered a big win to American Traffic Solutions (ATS), the photo enforcement firm that has fought hard to prevent the public from voting on red light cameras and speed cameras. A three-judge panel overturned last month’s decision by Whatcom County Superior Court Judge Ira Uhrig that had found the ATS suit was specifically crafted to block public access to the ballot.

The appellate judges sided with ATS, which argued Bellingham residents have no right to decide whether or not automated ticketing machines can be used in their city.