http://www.thenewspaper.com/ TheNewspaper: A Journal of Driving and Politics en-us http://www.thenewspaper.com/news/37/3710.asp http://www.thenewspaper.com/news/37/3710.asp By The Expired Meter

With little fanfare Monday, Illinois Governor Pat Quinn (D) signed Senate Bill 965, the Chicago speed camera bill, into law. The measure allows the Windy City to utilize its vast red light camera network to issue speeding tickets by mail at 79 intersections with 1/8 mile of a school or park, effective July 1.

Ultimately, it will become the nation's largest automated speed enforcement program. The official list of eligible locations shows every corner of Chicago with the potential for some sort of speed camera presence. Northside, Southside, Westside and even downtown.

"Today is a good day for Chicago's children," Mayor Rahm Emanuel said in a statement. "With the opening of our libraries this afternoon, and Governor Quinn's signing of the speed camera legislation, our children will be both smarter and safer."

The owners of vehicles photographed at these camera-enforced intersections exceeding the speed limit between 5 and under 11 MPH would pay a $50 fine, while those exceeding 11 MPH would be fined the original $100.

Despite critics who believe the law is more about generating revenue for the city than saving children's lives, Emanuel said he has been focused on improving safety.

"I commend Governor Quinn's signing and the legislature's bipartisan passing of this legislation," Emanuel's statement continued. "All this requires is that drivers obey the law near schools and parks to ensure the safety of our kids... I am grateful to Governor Quinn for supporting one more step in our comprehensive strategy to keep Chicago's children safe."

Barnet Fagel, Traffic Safety Expert for the National Motorist Association, does not believe the speed camera law does anything to improve safety and says there is no documented proof automated speed enforcement works.

"He just signed a warrant for more traffic collisions," said Fagel who pointed to studies which show red light camera enforcement increases vehicle crashes. "In addition speed cameras will increase gridlock."

In response to a freedom of information request from The Expired Meter, the governor's office released a report showing that, prior to signing the bill, Quinn had received a total of 224 phone calls, emails or letters from constituents regarding SB 965, of which just 19 were in support of the bill. The other 205 -- over 91 percent -- were opposed, urging the governor's veto.

Now it is the Chicago city council's turn to weigh in on speed cameras. The city council must pass the ordinance here that allows the city to utilize speed camera enforcement. It could take up the matter as early as Wednesday, February 15.

Detailed coverage of Chicago motoring issues can be found at The Expired Meter. Source]]> TheNewspaper Editor 2012-02-08T00:27-08:00 http://www.thenewspaper.com/news/37/3709.asp http://www.thenewspaper.com/news/37/3709.asp State and local police issued $238 million worth of traffic tickets in 2010, according to report released in September by the state auditor. The investigation used court data to calculate the total amount of fines and costs for motor vehicle violations amounted to $238,314,876. Citations issued under the state code generated $95,602,163 and local government ordinances accounted for $142,712,713. Virginia Auditor of Public Accounts Walter J. Kucharski examined the impact of cities increasingly writing tickets based on ordinances instead of state statutes.

Under Virginia's constitution, as revised in 1870, the proceeds from all fines issued under state law must go into the literary fund, which is used for public schools. The system was set up to create some separation between the function of policing and revenue generation. The General Assembly over time, however, enacted language allowing cities and counties to adopt "similar ordinances" to the state code allowing localities to collect fines without paying into the literary fund.

"Depending on the violation, this language could divert significant amounts of revenue from the commonwealth's literary fund into local government treasuries," the audit report explained. "However, until the localities enact the ordinances, a model for determining the fiscal impact currently does not exist."

When a local police officer pulls over a motorist, it is up to the officer to choose whether to write the ticket under state law or the local ordinance. Only state troopers are limited to citing under the state code alone.

Speeding tickets proved to be the biggest moneymaker overall, accounting for 54 percent of fine revenue. This amounted to $101 million plus $29.5 million in "reckless driving" tickets that are primarily issued for driving speeds over 80 MPH. Unlicensed driving generated $28 million. Failure to obey traffic signs and signals generated $18.1 million. Various equipment violations generated $15.1 million. Safety inspection tickets generated $12.5 million.

The top cities for issuing tickets were Virginia Beach at $8.4 million, Chesapeake $4.6 million, Richmond $4 million, Newport News $3.8 million and Hampton $3.2 million. Among counties, Fairfax County $20.2 million, Henrico $7.5 million, Prince William $7.1 million, Loudoun $6.1 million and Chesterfield $4.7 million.

A copy of the audit is available in a 800k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-02-07T00:05-08:00 http://www.thenewspaper.com/news/37/3708.asp http://www.thenewspaper.com/news/37/3708.asp Jim Baxter, the founder and president of the National Motorists Association (NMA), has stepped aside, leaving Gary Biller to take the reins of the largest organization in the US focused solely on drivers' rights. Since 1982, NMA has fought against the national 55 MPH speed limit, photo enforcement, suspicionless roadblocks and similar policies that appear more focused on revenue generation than actual safety.

NMA originally formed under the name Citizens' Coalition for Rational Traffic Laws to challenge the federally mandated 55 MPH highway speed limit that had been imposed in 1974. With a handful of activists, the organization gradually built its membership and laid the public policy foundation for a partial repeal of the blanket speed limit law in 1987 when Congress allowed rural interstates to boost their limit to 65 MPH. This spurred Baxter to broaden his group's focus.

"I believed the victory in 1987 would prove that our organization was effective in the political arena, and more importantly that there was a need for a permanent drivers rights' organization, one that would fight for realistic speed limits, fair traffic laws, the end of revenue-driven enforcement, and real due process in traffic courts," Baxter wrote in NMA's Driving Freedoms.

In 1995, Republicans took control of Congress for the first time in four decades and decided to adopt NMA's suggested repeal of the speed limit as a "Christmas present to the American people." The full repeal was added to the highway bill over a veto threat issued by then-President Bill Clinton. Though the insurance industry claimed at the time (and still claims) that this repeal would have caused "blood in the streets," the country is currently enjoying an all-time low in road fatalities.

Traffic tickets represent significant revenue for the insurance industry, as insurers impose surcharges of hundreds or even thousands of dollars on citation recipients. Many think of AAA as a pro-motorist organization, but the group lobbies in favor of photo enforcement and other ticketing schemes because selling insurance is a major source of income for that group. NMA, on the other hand, is funded by its members with a bit of support from two radar detector companies, an alliance that has caused no conflict of interest.

"The leading companies, most notably Escort and Valentine, continue to support the NMA through advertising and donations," Baxter wrote. "In exchange we give them 80 MPH speed limits wherever we can. Go figure."

NMA now assists members in fighting traffic tickets, even providing legal support for high-profile cases. It manages the National Speed Trap Exchange to warn drivers about predatory enforcement locations. The main NMA website serves as a clearinghouse of information about how adhering to proper engineering principles is a better solution to the safety problem than solely relying on enforcement.

"If speed limits are properly set, using known traffic-engineering principles, there will be good compliance and improved safety. Of course, there is an overriding problem that prevents application of this knowledge," Baxter wrote. "Properly operated traffic signals and properly established speed limits do not generate ticket revenue, nor do they appease those with a command-and-control mentality. And so the battle continues, but it is a battle we will win. Time, science, and ethics are on our side."

Gary Biller steps up from the role of NMA's executive director to take on the job of president. Source]]> TheNewspaper Editor 2012-02-06T01:37-08:00 http://www.thenewspaper.com/news/37/3707.asp http://www.thenewspaper.com/news/37/3707.asp A speed camera was set on fire on the highway between Narbonne and Toulouse, France on Wednesday at 3:30am, La Depeche reported. Police have no idea who might be responsible for destroying the automated ticketing machine, admitting the public has not been willing to rush forward and identify the vigilantes. The area has twenty-five speed cameras and sixteen red light cameras, which are regularly attacked.

Vigilantes set fire to a speed camera in Wiehl, Germany on Thursday at 1am, according to Oberberg Aktuell. A canister of gasoline was placed on top of the device and set on fire. Only the camera lens suffered significant damage. Source]]> TheNewspaper Editor 2012-02-05T00:00-08:00 http://www.thenewspaper.com/news/37/3706.asp http://www.thenewspaper.com/news/37/3706.asp Companies that operate red light and speed cameras are always looking for receptive city councilmen willing to sign up for automated ticketing services. The general public rarely has the opportunity to review the pitch these firms make behind closed doors, as it is often contrary to the message they present to the general public. This turned out to be the case after a salesman at an upstart photo enforcement provider B and W Sensors decided to email a member of the Arnold, Missouri city council.

"How can we provide a 'NO' cost solution to the enclosed picture?" asked company co-founder John M. Blaine in a February 1 email. The caption on the attached image read: "Budget issues? Take what you've got and make it work."

Baine had sent this message to Doris Borgelt, a recently elected member of the council who campaigned last year as a vocal opponent of photo ticketing. Borgelt made it clear she did not like red light cameras in her campaign literature, interviews and in door-to-door meetings with over a thousand Arnold residents. That did not deter Baine, who insisted B and W's speed cameras represented a solution to the city's budgetary problems, which was a suggestion Borgelt did not find particularly appropriate for Arnold.

"We may be in better shape than most cities," Borgelt told TheNewspaper.

Baine's pitch nonetheless laid out five points emphasizing his system is provided "at 'NO' cost to the community or the PD," that the system has "no cost, no termination fee, no exit penalty," that it is ideal for "relieving pressure on the streets and public works budgets," that the system is legal, and that it created the possibility of forming "strategic partnerships."

Arnold does not currently use speed cameras, and the interest in the red light cameras has waned since the city increased the duration of the yellow time at intersections one year ago. Violations have since decreased substantially in the program operated by American Traffic Solutions (ATS). The latest data from December show the positive trend has continued.

"It's a 91 percent decrease in violations," Borgelt said. "So if they're going to get a tenth of the income that they had been planning on, I don't see it being profitable for ATS to keep them there."

As a new entrant into the marketplace, Baine must sharply undercut the pricing of established competitors ATS and Redflex Traffic Systems of Australia. Baine offered a free tracking system as a reward for Arnold if it would sign up and issue a certain minimum number of tickets.

"As a bonus we will pay for a service that offers a GPS tracking system that can help locate senior citizens or folks with autism if they have taken a walk and become confused," Baine wrote on October 26. "This service covers up to 200 of your citizens and we will do one system for each ASE system deployed in the jurisdiction that produces at least 65 paid citations per day with a minimum fine of $115 for folks 10 to 15 MPH above the posted limit (the municipality collects 60 percent of the face value of the fine)."

Borgelt was amused by Baine's persistence, but she remained unpersuaded. She informed the salesman that engineering solutions have proved far more effective than automated enforcement in improving safety.

"Is it about the money?" Baine wrote in a September 20 email. "Of course it is. It just isn't coming from where the angry crowd had anticipated. And therefore the political will is with you. This pro-active position will support and protect your decision making process and provide real dollar returns back to your community." More]]> TheNewspaper Editor 2012-02-03T00:47-08:00 http://www.thenewspaper.com/news/37/3705.asp http://www.thenewspaper.com/news/37/3705.asp Toll roads are all the rage with politicians across the country. Both Democratic and Republican lawmakers see "public-private partnerships" as the solution to their transportation funding difficulties by turning to the private sector to pay for infrastructure improvements through tolling. A report released last month by the non-partisan government analysts at the Congressional Budget Office (CBO) found the purported benefits of this financing mechanism were mostly illusory, as taxpayers end up paying roughly the same amount either way.

"The case is sometimes made that using funds from private capital markets to finance roads can increase the resources available to build, operate, and maintain roads," the CBO report stated. "But the sources of revenues available to pay for the cost of a highway project -- whether it uses the traditional financing approach or a public-private partnership -- are the same: specifically, tolls paid by users or taxes collected by either the federal government or by state and local governments. Therefore, absent restrictions on governments' ability to borrow, there is no difference between the amount those governments could raise themselves and the sums that public-private partnerships could raise because the same resources are available to remunerate investors in either case."

CBO found that private projects do hold an advantage in finishing projects on time and in the most cost-effective manner since the private firm's profits depend on the road opening as soon as possible so that the tolling revenue can begin flowing. Cost overruns generally come out of the pockets of the private companies, whereas traditional public transportation bureaucracies tend to be less cautious in monitoring and controlling how tax dollars are spent. Labor costs are generally 25 to 40 percent lower for private projects not bound by pricey labor union contracts. Only a superficial and incomplete analyses, however, conclude that the private financing model has a distinct cost advantage when all factors are considered, CBO found.

"In order to properly assess the difference in costs between securing financing through the traditional approach (generally as public debt) and obtaining it by private means, it is necessary to account not only for the interest paid on money borrowed for the project but also for the costs associated with the risks borne by taxpayers and the costs of financial transfers -- in the form of subsidized interest rates and advantageous tax treatment -- from the federal government to states and localities," the report explained. "If such a comprehensive measure is used, the costs of private and public financing are roughly comparable."

CBO analyzed the 21 toll road projects that have been completed in the US over the past twenty years at a cost of $16 billion. Though this is a small amount compared to the $1 trillion spent on roads over the same period, it accounts for 30 to 40 percent of new highway capacity. The rush to tolling began in 2008, and the real-world effect has then most tolled highways were built upon faulty models that overestimated traffic levels and tolling receipts. As a result, many of the projects went bankrupt, including the Camino Colombia Bypass in Texas, the Southern Connector in South Carolina and the South Bay Expressway in California. The public was frequently left paying for the mistake.

"The South Bay Expressway, which had received some financing from the federal TIFIA program, illustrates what can happen to taxpayers as the ultimate equity holders," the report explained. "The project filed for Chapter 11 bankruptcy in March 2010, finally emerging in May 2011. The new financing and ownership structure required by the bankruptcy court imposed a loss of 42 percent on federal taxpayers, replacing the original TIFIA investment with a package of debt and equity worth only 58 percent of the original investment."

The costs are also passed along to the motorist. On the Chicago Skyway in Illinois, tolls fell in real terms by 25 percent from 1989 to 2004 while under public control. Under private control since 2005, they have increased 60 percent.

A copy of the report is available in a 4.5mb PDF file at the source link below. Source]]> TheNewspaper Editor 2012-02-02T01:26-08:00 http://www.thenewspaper.com/news/37/3704.asp http://www.thenewspaper.com/news/37/3704.asp The effort to give voters a say in whether red light cameras are used in their community is spreading across Texas. Already, voters in College Station, Baytown, Houston and Dayton have rejected the use of automated ticketing machines. Yesterday the city council in League City voted to put the issue on the November ballot, and voters in Port Lavaca turned in sufficient signatures last week to force an election.

In League City, city leaders are looking to head off a public signature drive by asking voters not whether the camera program should be terminated immediately, but whether it should be continued when the contract expires in the year 2014. The cameras have been highly controversial in the Gulf Coast town where the devices have failed to reduce accidents, according to official data. City Councilman Dennis OKeeffe even won his seat last year by running on a "No Red Light Cameras" platform.

In Port Lavaca, cameras have been equally controversial, especially after the city and vendor Redflex were caught issuing red light camera tickets to drivers who had a green light (view story with video). The city ignored an anti-camera petition last March, so organizers have returned with a true referendum that strictly follows the rules laid down in the city charter, which places no time limit on a vote to repeal a city ordinance. As such, once the signatures are certified, the ordinance authorizing the cameras would be suspended pending the outcome at the ballot box.

"We predict the city will once again abuse the city charter by claiming this is a matter that would be a breach of public safety and deny suspension of the ordinance until the election," the group Port Lavaca Citizens Against Red Light Cameras said in a statement. "If the city does so we will know the city will do anything they can to save a failed program that has increased accidents and issued fraudulent tickets for drivers for going through green lights. If the council was truly concerned about a breach of public safety they would have never authorized the cameras and would have saved the additional accidents the cameras have caused."

Byron Schirmbeck, director of saferbaytown.com, spearheaded the successful referendum effort in Baytown. He told TheNewspaper that the next likely target will be Cleveland, a city of about 7600 about forty-five miles from Houston. Source]]> TheNewspaper Editor 2012-02-01T00:47-08:00 http://www.thenewspaper.com/news/37/3703.asp http://www.thenewspaper.com/news/37/3703.asp Red light camera vendor American Traffic Solutions (ATS) is furious that police in Kansas City, Missouri released a report last week evaluating photo enforcement intersections without giving the company a chance to modify the data. In many cities, ATS plays a key role in authoring such studies, but in this case the Kansas City police department went its own way, arriving at conclusions consistent with other, independent research on the topic.

"The results of the study are very interesting," the Kansas City report stated. "Accidents went up at some locations and down in others without any real clear patterns."

The department performed a computer analysis to identify 2500 crash reports dating from a year before camera activation in 2009 through two years after the devices were installed. The results were narrowed to the 17 photo ticketing intersections, and officers went through each report by hand to ensure only accidents that actually happened within the intersection were counted and crashes that were clearly unrelated to the traffic signal were excluded.

"These reviews involved looking at the actual report and gathering the data," the report explained. "While this was very time consuming there just simply isn't any other way to gather the data for a project like this."

The report found the overall number of accidents increased 12 percent from before cameras were installed to the two-year average after the devices began issuing tickets. Only counting the lanes that are monitored by cameras, the increase in collisions was 29 percent. Rear end accidents increased 17 percent. Right-angle accidents dipped 4 percent.

The worst performing intersection was at 59th and 71 Highway. This high-volume location saw injury accidents surge 121 percent, mostly caused by rear-end collisions. Of those rear-enders, 87 percent happened in a lane monitored by red light cameras.

Despite the mixed safety results, the cameras over the study period issued 197,494 tickets worth $19,749,400. As a result, the city police commission ordered the police special operations division to re-write the report under the supervision of ATS.

A copy of the report is available in an 800k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-31T00:26-08:00 http://www.thenewspaper.com/news/37/3702.asp http://www.thenewspaper.com/news/37/3702.asp New Mexico's highest court will hear arguments tomorrow in challenge to the legality of the red light camera and speed camera program in Albuquerque known as "STOP." Voters last October rejected the automated ticketing machines operated by Redflex Traffic Systems of Australia, but the state supreme court's decision could impact other cities that still allow private companies to issue traffic tickets through the mail.

The justices are reviewing a pair of unpublished decisions in which the state court of appeals tossed out class action suits filed against Albuquerque last year. Tuesday's arguments will be based on a November 2006 speed camera ticket that Redflex mailed to Turner W. Branch, an experienced trial lawyer. When Branch did not pay the citation, Redflex sent a notice that demanded a $600 payment and threatened to confiscate his vehicle.

Turner argued that Albuquerque violated the state constitution by setting up its own inferior administrative courts to rule upon violations covered by the state vehicle code. This tribunal treats a criminal violation as a civil matter by declaring it a "public nuisance" to avoid providing full due process protections to vehicle owners accused by a machine. A split three-judge appeals court panel rejected these arguments, citing a March 2011 decision Titus v. Albuquerque.

"The council observed that 'many states and municipalities across the country have experienced decreases in red light violations by using red light cameras' and that this technology 'saves lives,'" Judge James J. Wechsler wrote for the majority. "Accordingly, the council concluded that the use of red light cameras and the implementation of photographic and electronic equipment to enforce speed limits would abate these nuisances... Given the council's findings, we can think of no circumstance where speeding or violating stop lights in Albuquerque would not pose a threat to the safety of the citizens of Albuquerque. Accordingly, we conclude that Albuquerque acted within its municipal authority as provided in Section 3-18-17(A) in enacting STOP and designating speeding and red light infractions nuisances."

Judge Michael E. Vigil strongly disagreed with his appellate court colleagues. He argued the program cannot have safety as its primary motivation because it seeks to collect penalties from individuals who did nothing wrong.

"STOP makes the mere owner of the vehicle absolutely liable for the fine imposed because of another person's act of driving," Vigil wrote in his dissent in the Titus case. "It therefore appears that the purpose of this scheme is to generate revenue income for Albuquerque, and not to abate the nuisance of speeding.... By penalizing a person or entity which does nothing except merely own a vehicle which is driven by another person over the posted speed limit, STOP is contrary to New Mexico law and unconstitutional. Since the majority disagrees, I dissent."

The state supreme court heard arguments on the Titus case on November 16.

A copy of the Titus case is available in a 350k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-30T00:01-08:00 http://www.thenewspaper.com/news/37/3701.asp http://www.thenewspaper.com/news/37/3701.asp In Forli, Italy a vigilante leveled two shotgun blasts against a speed camera. The well-placed shots shattered the lenses on the automated ticketing machine and severely damaged its internal workings. Local officials upset by the loss of ticketing called said the incident was like the "Wild West," Il Resto del Carlino reported.

An act of God knocked out average speed cameras in Canberra, Australia out of commission in December. Lightning blasted not only the cameras at Hindmarsh Drive and Mugga Way but also took out pavement sensors, according to the Canberra Times. The repaired system will not be certified until late February. Source]]> TheNewspaper Editor 2012-01-29T01:36-08:00 http://www.thenewspaper.com/news/37/3700.asp http://www.thenewspaper.com/news/37/3700.asp The South Carolina legislature put the final nail in the coffin of photo enforcement earlier this month. Both the state House and Senate last year had unanimously approved legislation making it clear that automated ticketing machines were illegal in the state. As part of a compromise, state Senator Tom Davis (R-Beaufort) dropped his opposition to the bill in exchange for the creation of the South Carolina Traffic Enforcement Commission, which he hoped would draft a report he could use to convince his colleagues to give photo ticketing a second chance.

The nine-page report dated January 13 had no interest in restoring the speed trap that had operated in the town of Ridgeland in defiance of state law. The commission included the top members of the legislature and judicial branch along with representatives from police agencies and the legal profession. The composition of the committee, set by Davis in his amendment language, did not invite any members of the public to participate. The body was asked a series of twenty questions, most of which presumed photo enforcement would return.

"Assuming that traffic enforcement camera systems are used to enforce uniform traffic laws, is there a way to ensure that traffic enforcement camera systems are being used to improve road safety, and assuming that their use improves road safety, rather than maximizing government revenues resulting from violations of uniform traffic laws?" one of the legislated questions asked.

The commission's members did not accept the loaded questions' premise. Once the members finally met they agreed that private, for-profit law enforcement was not a good idea.

"Pursuant to item (4) commission recommends no changes to the existing law concerning the use of traffic enforcement camera systems," the commission concluded.

Existing law expressly forbids the use of red light cameras and speed cameras. In rendering its judgment, the commission focused on the many legal and constitutional problems with photo enforcement.

"No matter who was driving the car at the time, the owner of the car is assumed to be guilty," the committee report stated. "This violates a major tenet of our legal system: innocent until proven guilty... The commission concedes that, properly calibrated and properly operated, photo radar systems may be accurate. However, photo radar, like any radar, can generate false readings, and similar cases are contested and litigated all the time. While technological improvements are likely, the system will never be completely without flaws."

The group found fault with the notion of mailing tickets to vehicle owners because by the time they receive the notice, they may not remember the incident, putting them at a disadvantage if they wish to challenge a photo ticket.

A copy of the report is available in a 100k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-27T01:32-08:00 http://www.thenewspaper.com/news/36/3699.asp http://www.thenewspaper.com/news/36/3699.asp The Insurance Institute for Highway Safety (IIHS) grabbed headlines last February with a self-published study claiming installation of red light cameras nationwide would have prevented 815 deaths (view study). The Florida Public Health Review, a peer-reviewed journal, published a systematic critique yesterday that found the methods used in the IIHS report were sloppy and inconsistent, reflecting a bias towards the insurance industry that IIHS serves.

University of South Florida Professors Barbara Langland-Orban, Etienne E. Pracht and John T. Large noted that IIHS did not study individual intersections that had cameras but rather used city-wide data that ignored other engineering variables that could have explained increases or decreases in accidents from year to year. Worse, the study did consider variables such as "land area" and "persons per square mile" which have never been shown through scientific research to have any correlation to motor vehicle crashes. The way these unexplained variables were used introduced other difficulties in the IIHS report.

"Assuming that the dependent variable for each model is defined as reported, some variables are included more than one time, making them redundant," the USF researchers wrote. "For example, population is the denominator in both outcome measures reported (e.g., fatalities per 100,000-population), as well as a numerator in the variable 'population per square mile.'"

The critique noted the most troubling issue was the dissimilarity between the cities chosen to represent camera enforcement and the camera-free cities. Almost a quarter of the camera-free cities had between zero and two red light running fatalities in the "before" period. It is impossible for a city with zero fatalities "before" to improve in the "after" period. By contrast, nearly all the camera cities had 7 or more fatalities, leaving far more room for improvement.

"The fact that the two groups have a large difference in fatality rates in the 'before' period reflects bias in the selection of the comparison group, which jeopardizes the validity of the findings," the USF researchers noted.

The USF researchers then used the IIHS data in an attempt to replicate the IIHS statistical analysis. The critique concluded that IIHS failed to disclose results that contained negative values for red light cameras.

"Thus, cities using cameras are estimated to have a 25 percent higher red light running fatality rate in the 'after' period relative to cities not using cameras, despite the greater reported percent reduction in the former," the critique found.

To account for the bias, the USF researchers pointed out that in several states, insurance companies make money by charging higher premiums to drivers who get photo tickets. Contrary to the common wisdom, insurance companies do not earn less money when accidents increase.

"Insurance companies are able to gain approval from state regulators to raise insurance premiums to cover higher losses, making them indifferent about loss prevention, since increased losses justify increased premiums, passing higher crash costs on to drivers," the USF report stated. "Second, automobile insurance companies earn more profit from investment income (investing premiums collected from drivers) than from underwriting activities."

A copy of the study is available in a 170k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-26T00:58-08:00 http://www.thenewspaper.com/news/36/3698.asp http://www.thenewspaper.com/news/36/3698.asp The US Court of Appeals for the Fifth Circuit on Tuesday rebuked a lower court judge who had taken extraordinary measures to protect the red light camera program in Houston, Texas. A three-judge panel ruled that US District Court Judge Lynn N. Hughes erred last June when he blocked the organizers of an anti-camera referendum from participating in the court proceedings that Hughes used to nullify the election results (view ruling).

Houston had hired American Traffic Solutions (ATS) to operate issue red light camera tickets on the city's behalf through May 27, 2014. The program was one of the largest in the country until Francis and Randy Kubosh gathered enough signatures to place a charter amendment on the ballot banning automated ticketing machines. Voters approved the measure in November 2010.

Houston officials, who sought to keep the cameras running despite the vote, filed a lawsuit against ATS, which also sought to keep the cameras running. They brought the case before Judge Hughes, who has served along side the father of ATS General Counsel George Hittner for the past twenty-five years. Last year, Hughes insisted that he would be able to detect whether Houston made any attempt to lose the case to ATS intentionally and denied the right of the Kuboshes to defend their ballot measure. The appellate judges tore apart Hughes' reasoning, especially after ATS and Houston's lawyers sat together at the same table during oral arguments.

"There is no federal authority nor state law prohibiting intervention of right in this type of case," Chief Judge Edith H. Jones wrote for the appellate panel. "These intervenors are unique because they engineered the drive that led to a city charter amendment over the nearly unanimous, well funded, and longstanding opposition of the mayor and city council... They have raised substantial doubts about the city's motives and conduct in its defense of the litigation with ATS. Without these intervenors' participation, the city might well be inclined to settle the litigation on terms that preserve the adverse ruling on the charter amendment and thus preserve its flexibility to reinstate red light cameras in the future. This is no matter of simply defending city policy of one sort or another: it involves millions of dollars of revenue to city coffers during a period of considerable economic uncertainty."

The prediction that the city would rush toward an adverse settlement turned out to be correct. On Friday, the city agreed to settle with ATS for $4.8 million in a move that would allow the cameras to return at any time the city council chooses. The appellate court complained that it only recently had learned about this settlement "via the newspaper."

The appellate ruling focused solely on the question of whether the Kuboshes should have been parties to the litigation between Houston and ATS from the start. The panel ordered the issue should be reconsidered at a new trial where the Kuboshes would be able to defend their initiative. The appeals court signaled with their language that they did not share the view that the public vote merely meant "people in Houston want to run red lights," as Hughes said in proceedings on November 26. Instead, the court referred to the "haste of the litigation" that Judge Hughes placed "on a fast track" in a way that suited "the city's pecuniary motives." The sponsors of the initiative vowed Tuesday to ensure Houston officials can never bring back cameras.

"ATS just must have said to Houston, 'Whatever you do, do not allow the election results to stand,'" Citizens Against Red Light Cameras spokesman Philip Owens told TheNewspaper. "It ended today with the court ruling because the Kuboshes aren't going to stop until those election results stand. That's it for ATS. They lost."

A copy of the interlocutory ruling is available in an 85k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-25T00:50-08:00 http://www.thenewspaper.com/news/36/3697.asp http://www.thenewspaper.com/news/36/3697.asp The city of Houston, Texas announced Friday that it would pay American Traffic Solutions (ATS) $4.8 million to settle the lawsuit the company set up after voters rejected red light cameras in November 2010. Upon approval by the city council Wednesday, the Arizona firm will receive $2.3 million up front with another $2.4 million provided as the company collects on unpaid citations over the next three years.

ATS was able to extract this sum from the city for two reasons. First, former Mayor Bill White removed an early termination clause from the red light camera contract in an attempt to save the camera program through the year 2014 in the event the state legislature passed legislation outlawing cameras. As a result, ATS demanded the share of ticket profits it would have received through that date. Second, ATS had an ally in US District Court Judge Lynn N. Hughes, who overturned the election results and sided with ATS at every step. For example, when ATS lawyer Andy Taylor complained in a November 26, 2010 hearing that the city required ATS to take down its cameras, Hughes came to the rescue.

"I can cure that," Hughes said, ordering the city to keep the cameras up.

The city council did have the power to stop the red light cameras from issuing tickets, so it ordered the systems deactivated on August 24, 2011. Houston came back to Hughes asking him to modify his order so that the cameras could be permanently removed, pursuant to a city ordinance requiring them to come down.

"The city of Houston's motion to compel American Traffic Solutions to remove the red light cameras is denied," Hughes ruled on January 16, 2012.

Hughes has close ties with ATS, having served on the bench for 25 years with Judge David Hittner, the father of ATS General Counsel George Hittner. His ruling is now under review by the Fifth US Circuit Court of Appeals which heard oral arguments on January 3. Randall Kubosh and Francis M. Kubosh sponsored the anti-camera initiative and want to see the public vote upheld.

"Appellants argue that the Texas Election Code protects the right of Texas voters to intervene in defense of a measure election, a right subverted by the city's collusive filing of a declaratory judgment suit that gave ATS an opportunity to nullify the Proposition 3 election it would never have had without the city's help," the Kubosh attorney David A. Furlow argued in a Friday filing with the Fifth Circuit. "Denial of their right to defend the Proposition 3 election and the no-red-light-camera votes they cast in it would render their constitutional rights meaningless."

Houston and ATS came to a quick settlement in the hopes that this appeal would be dismissed as moot. Current Mayor Annise Parker insisted the multi-million dollar payment represents the best deal that could have been struck under the circumstances.

"I am thankful that traffic violators, not Houston taxpayers, will be paying for this," Parker said in a statement. "This is a reasonable settlement and I thank the city legal department for its diligence in getting it done."

A copy of Judge Hughes' January 16 order is available in a 40k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-24T00:19-08:00 http://www.thenewspaper.com/news/36/3696.asp http://www.thenewspaper.com/news/36/3696.asp The Snohomish County Superior Court on Thursday found Monroe, Washington liable for a fine of up to $10,000 for denying photo enforcement opponents access to the ballot. Although two-thirds of voters in the city voted against the use of red light cameras and speed cameras in November, they were only allowed to consider a measure crafted by Mayor Robert Zimmerman. He asked voters whether they wanted to continue using cameras when the vendor's contract expires in 2013.

The citizens' group Seeds of Liberty had collected signatures from nearly half the city's active voters to place an immediate and binding camera ban on the ballot. Zimmerman sued to keep voters from considering that tougher language. In a letter ruling, Judge George N. Bowden said the city went too far, violating a state statute designed to stop "strategic lawsuits against public participation" or SLAPP.

"I am granting Seeds of Liberty's motion for costs and fees because of the following reasons: Washington's anti-SLAPP remedies are not discretionary," Bowden wrote. "Having secured enough valid signatures to place Section Three on the ballot, the city's lawsuit burdens the initiative sponsors with having to defend the right of voters to express their opinions and weigh in on a matter that will directly affect them. As such, the initiative concerns an action involving public participation and the inherent rights of citizens to petition their government."

Bowden followed the precedent set down by the Washington Court of Appeals in September that struck down the binding portion of an anti-camera initiative in Bellingham while clarifying that an advisory vote section of the measure could stand (view ruling). As a result, voters will have a chance in April to vote to tell the city council to take down the cameras immediately.

"We are thrilled with this court decision because it sends a clear message to other greedy politicians and sleazy red-light camera companies that such obstructionist tactics will not only fail, but result in substantial financial penalties," initiative co-sponsor Tim Eyman wrote in an email to supporters.

Although 68 percent of the Monroe's electorate rejected automated enforcement, city leaders have stuck by their decision to continue the camera program. Eyman believes the city should accept the inevitable and cancel its photo enforcement contract.

"When are Mayor Zimmerman and the city council going to get the message and take down all the ticketing cameras in the city of Monroe?" Eyman asked. "Every day they leave them up is a slap in the face of the people of Monroe."

A copy of the letter ruling is available in a 210k PDF file at the source link below. Source]]> TheNewspaper Editor 2012-01-23T00:09-08:00