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Saturday, March 20, 2010
Italy: Supreme Court Rules Against Private Traffic Camera Contracts
Per-ticket contracts between municipalities and private, for-profit speed camera companies violate Italian law, the Supreme Court of Cassation ruled Wednesday. The court struck down an automated speeding citation on the grounds that the ticketing operation had been outsourced to a private firm. In Messina, the company Vecar Srl was responsible for measuring the speed of vehicles, maintaining calibration of the camera equipment and determining guilt. The court was troubled by this delegation of authority.
"The investigation of traffic violations... constitutes a service of traffic police that cannot be delegated to a third party," the high court ruled. "The device used for this measurement must be directly managed by traffic police and must be in their control."
As in the US, private companies in Italy have operated the cameras in return for compensation based on the number of citations issued. In Messina, for example, Vecar managed the devices in return for 23.45 euros (US $31.72) from each ticket issued. This form of compensation was found to be illegal.
"Speed cameras have a preventive rather than punitive purpose or one financed by the public for private financial gain," the court ruled. "Therefore to determine the cost of equipment rental based on the amounts of fines is contrary to the constitutional principles of proper conduct and the impartiality of the public administration."
In response to the ruling, the municipality of Messina yesterday suspended all of its red light cameras and speed cameras because its contract failed to meet the court's requirement that the payment be a fixed amount determined before the issuance of any tickets.
Italy's high court has been hostile to automated enforcement, ruling nearly one year ago that red light cameras violated fundamental legal rights. Law enforcement agencies have been equally hostile. Last August, the carabinieri -- a national police force -- conducted the third in a series of raids on red light camera manufacturers and local officials. The Guardia di Finanza last June had raided a speed camera maker in Brescia over the issue of cloned serial numbers. In January 2009, the carabinieri arrested red light camera maker Stefano Arrighetti and seized automated ticketing machines from 54 municipalities that used the "T-Red" brand of intersection camera on charges of contract irregularities and the shortening of yellow light timing at intersection. Interior Minister Roberto Maroni issued a decree on August 14, 2009 banning private photo enforcement contracts (view decree).
A copy of the order shutting down traffic cameras in Messina is available (in Italian) in a 150k PDF file at the source link below.
Source:
Prot. No. 69795 (Commune di Messina, 3/19/2010)Friday, March 19, 2010
New Mexico Bans Traffic Cameras From State Roads
The cities of Albuquerque, Las Cruces and Santa Fe have sixty days to pull down the red light cameras and speed cameras currently operating on state and federal roads in New Mexico. The New Mexico Department of Transportation (NMDOT) announced yesterday that transportation commission members unanimously decided to outlaw automated ticketing machines on thoroughfares within its jurisdiction.
"There seems to be many competing studies out there that make confusing claims about the efficacy of the devices currently in use," State Transportation Commission Chairman Johnny Cope said in a news release. "While the true safety impact of the use of these cameras is still murky at best, one thing has become clear to the Commission -- more and more New Mexico cities seem to be putting driver-generated revenues ahead of sound traffic management techniques; frankly, that concept really troubles me."
Data from Las Cruces showed that red light cameras failed to produce any significant reduction in accidents nine months into the program (view data). This finding is consistent with a number of controlled studies conducted around the world (view studies). Despite the poor safety results, red light cameras and speed cameras have generated revenue windfall in the cities that use them. Albuquerque's program, for example, has generated tens of millions in profit.
The new directive does not affect automated systems installed on local roads. After deciding to take a cut of the revenue from fines, the state government gave municipal authorities the ability to install cameras. State and federal roads, however, tend to have the greatest traffic volume and revenue potential. NMDOT identified eight specific intersections that would be affected under the new policy.
"Any existing red-light cameras violating this new policy must be removed within sixty days of the implementation of the policy," Transportation Secretary Gary Giron said. "NMDOT will work with each city on this issue; shutting down and ultimately removing the devices in a timely manner."
Update: Governor Bill Richardson issued a statement in support of the move.
"After six years of red light cameras in New Mexico, I remain deeply skeptical of this excessive, big-brother approach to public safety," Richardson said. "I fully support the ban of these cameras and vans on state and federal roads and highways, and I commend the Transportation Commission for taking a decisive stand on this issue."
Thursday, March 18, 2010
Louisiana Supreme Court: Phone Tips Justify Traffic Stop And Search
Police can pull over and search any motorist in Louisiana based on an anonymous phone call, the state supreme court ruled Tuesday. The case began at 6:30pm on Christmas Day in 2007. A motorist in Bossier Parish called to report a dark colored Ford Ranger pickup truck that "was going all over the road." Benton Police Officer Randall Matlock acted on the call and pulled over Trey Daniel Elliott, then 17, whose vehicle matched the description.
Police had no search or arrest warrant. They had no means of knowing whether the tip received was credible or not. Elliott's lawyers argued that, at the time, Officer Matlock had no independent knowledge that a crime was being committed and no way to know whether the 911 witness was credible. A district court judge agreed and threw out the stop as unlawful based on case law governing anonymous tips provided to the police. The court of appeals concurred. The high court, however, found that there is an exception to the Constitution when the case involves driving under the influence of alcohol (DUI).
"We are aware that a growing number of jurisdictions have concluded that drunken or erratic driving presents such an immediate risk of public safety that it constitutes an exception to the general rule that police may not act on anonymous tips unless they corroborate them in sufficient detail," Justice Greg G. Guidry wrote for the court. "In the present case, the witnesses were clearly citizen informants providing information about a crime as it was happening and not anonymous tipsters.... The dispatcher could reasonably infer from the circumstances that the caller was motivated by the desire to eliminate an immediate risk to public safety and was holding herself accountable for the information she provided by identifying herself, if not by name, then by the cellular phone from which she was calling."
The court ruled that the tip was not anonymous because of caller ID and that the information conveyed on the call provided reasonable suspicion for Elliott to be stopped and searched because it described traffic violations. After the stop took place, the caller arrived on the scene to verify the information. For that reason, the supreme court reversed the lower court's ruling and upheld the evidence obtained as a result of the stop. The court remanded Elliott's underage DUI case back to the district court for further proceedings.
A copy of the case is available in a 25k PDF file at the source link below.
Source:
Louisiana v. Elliott (Supreme Court of Louisiana, 3/16/2010)Wednesday, March 17, 2010
Report Warns Of Private Car Repo Dangers
Private companies that repossess automobiles without the involvement of law enforcement are creating potentially deadly situations, a report released Thursday by the National Consumer Law Center (NCLC) warned. The Boston, Massachusetts-based non-profit legal advocacy group examined the consequences of turning car seizures over to private firms, particularly during the recent economic downturn.
"In just the past three years, the publicly reported toll from self-help repossessions is shocking," John W. Van Alst and Rick Jurgens wrote in the NCLC report. "Six deaths. Dozens of injuries and arrests. Pistols, rifles, shotguns, knives, fists and automobiles wielded as weapons. And, in at least three cases, repo agents towed away automobiles with children under the age of nine inside."
An estimated 1.9 million repossessions take place each year. In 33 states, no license or background check is required for the companies that repossess cars on behalf of lenders and car dealers. This means convicted felons can, and do, operate repo businesses.
The NCLC report takes issue with the practice of allowing a lender to unilaterally seize a car from its owner for missing a payment without first having a neutral third-party judge or administrative officer verify the claim.
"With the ability to repossess on a whim, dealers and lenders can use repossessions not simply as a means of retaking collateral when a debtor defaults," the report stated. "Lenders can also use the threat of repossession to intimidate consumers. For example, the prospect of having a car seized can be used to keep a consumer from asserting the right to withhold payment for a warranty violation or other breach of contract in the sale of the car or the right to revoke acceptance of a car with substantial defects."
The report cited court documents that showed one major repo company forced its agents to work up to 90 hours a week without overtime pay. "Each of you have the ability to do WHATEVER it takes to pick up more cars," an email sent to employees urged. Those who failed to meet a minimum weekly quota of twenty cars were forced to work longer hours. The pressure to take extreme actions in several cases has resulted in violence both against vehicle owners and the repo men themselves.
NCLC recommended that states adopt laws that require lenders to provide notice and provide car owners with a set period to remedy missed payments. It also recommended that lenders obtain a court order prior to seizing a vehicle. This, the group says, would allow motorists to have the opportunity to have a chance to challenge an improper seizure in a neutral setting. The report also urged that repo companies be licensed to prohibit the hiring of individuals with violent criminal histories.
A copy of the report is available in a 1.4mb PDF file at the source link below.
Source:
Repo Madness (National Consumer Law Center, 3/11/2010)Tuesday, March 16, 2010
West Virginia To Turn School Buses Into Ticket Machines
Faced with a $120 million budget deficit, West Virginia lawmakers are turning to school buses to bring in desperately needed revenue. The House of Delegates voted 98-0 Saturday to give final approval to House Bill 4223 which allows county school boards to deploy buses to issue $500 automated tickets. The proposal becomes law with the signature of Governor Joe Manchin (D).
"Every county board of education is hereby authorized to mount a camera on any school bus for the purpose of enforcing this section or for any other lawful purpose," House Bill 4223 states.
Private companies have been traveling to school boards around the country offering to install the cameras at no cost. The company would then issue tickets, collect on the fines and deposit a significant cut of the profits into the school board's bank account with no work required on the school's part. The Italian firm Elsag, for example, ran a test of the system in New York state last year. West Virginia's law, however, would require photographing the driver when issuing the citations. For the first ticket, a thirty-day license suspension is mandatory, with a judge having discretion to impose a six-month jail sentence. After a third ticket is mailed, jail time is mandatory. Arizona currently is the only state that jails vehicle owners based solely on the evidence provided by a ticket camera.
Passage of the school bus legislation represents a significant win for photo enforcement lobbyists who snuck the measure through the legislature with very little public scrutiny. Copies of the Senate-amended version of the bill were not made available on the legislature's website.
In 2006, state lawmakers had enacted one of the country's toughest bans on all forms of photo enforcement which was enacted before any vendor had attempted to sell cameras in the state. We asked the six primary sponsors of the photo ticketing ban why they would change their position and vote for the school bus cameras.
"I did support the original legislation in 2006 for two primary reasons," Delegate Bob Beach (D-Monongalia) said in an email. "First, many law enforcement officers opposed the idea fearing job loses. Secondly, many felt technology needed improved to be effective and limit challenges in the court. Today, law enforcement in West Virginia see the technology as a benefit.... I'm pretty confident when I say, that the desired intent of the legislation is not the increased collection of fees, but rather a reduction in lost (children) lives."
State officials insist that the photo enforcement ban is not applicable because "photo monitoring devices" are defined as automated systems. The same officials insist that the school bus drivers would operate the cameras with a button.
"What we, the West Virginia Legislature actually did, was to use school bus cameras as a supportive avenue of evidence of an eyewitness in order to protect school children, not create school bus ticket machines," Delegate Randy Swartzmiller (D-Hancock) said.
A copy of the legislation, as passed by the House and Senate, is available in a 160k PDF file at the source link below.
Source:
House Bill 4223 (West Virginia Legislature, 3/16/2010)
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