Maryland state law prohibits municipalities from paying contractors to operate speed camera and red light cameras on a per-ticket basis. In an October 27 ruling, the Court of Special Appeals found that localities are free to ignore this legal requirement.

A group of motorists in 2008 filed a class action lawsuit against Montgomery County, the cities of Rockville and Gaithersburg, and Chevy Chase Village because each paid Affiliated Computer Services (ACS) $16.25 for each ticket the company issued, in violation of the statute.

“If a contractor operates a speed monitoring system on behalf of Montgomery County, the contractor’s fee may not be contingent on the number of citations issued or paid,” state code section 21-809 states.

Read More >

NHTSA has has opened a formal defect investigation into the Chevrolet Volt, on the grounds that

 Intrusion in a crash may damage the battery, which may result in a substantial thermal reaction and fire

We knew that NHTSA was already looking in to this type of defect after an earlier test incident, but the official investigation resume [PDF] lists three separate thermal events that have occurred as a result of NHTSA tests. Hit the jump for the official explanation of this sequence of events.

Read More >

Suzuki’s suit against Volkswagen had precision timing. Or was very lucky. Volkswagen is heavily distracted by another suit, namely the EU Commission against the Federal Republic of Germany. Casus belli: The VW law. As indicated last week, Brussels is dragging Germany in front of the European Court of Justice. Brussels demands that the “special treatment” for Volkswagen is to be dropped. If the suit is successful, and if Germany remains obstinate, then a penalty of at least €46.6 million ($62.2 million) is demanded. A bargain, considering the hundreds of billions which are being moved around to avoid a meltdown of Europe. The fine would have to be paid by the German government, not by Volkswagen, writes Automobilwoche [sub] Read More >

The Federal Highway Administration this week turned down the state of Georgia’s request to relax the occupancy requirement on the new Interstate 85 high occupancy toll lanes (HOT lanes) in Gwinett County. In October, the state imposed the toll on the existing carpool lane, raising the number of occupants qualifying for a free ride from two to three.

The initial $5.50 on top of the occupancy change proved too much and traffic ground to a halt in the general purpose lanes while the toll lanes remained relatively unused. In a panic, Governor Nathan Deal (R) moved on October 6 to slash the toll and request a waiver from the Federal Highway Administration to drop the occupancy requirement back down to two.
Read More >

Prince George’s County, Maryland judges are tired of complaints that photo enforcement citations are inaccurate or otherwise invalid. To speed proceedings on “speed camera day” when automated citation cases are heard, at least one judge is cautioning motorists not to bother attempting to prove their innocence, regardless of the merit of their argument.

“This is a speed camera violation session,” District Judge Jean S. Baron said on November 9. “The only defense the court is going to accept is if you were not the driver of the vehicle and you have the name and the address of the person who was driving and you present that to the court under oath, I will accept that as a defense. Please don’t tell me that you know you couldn’t have been going that fast or there’s something wrong with the equipment.”

Read More >

Private citizens can arrest other motorists suspected of driving under the influence of alcohol (DUI), the Louisiana Court of Appeals ruled Tuesday. A three-judge panel considered the case of Tracy L. Common who was stopped in Westwego by Gretna Police Detective Brian Rico at 9pm on December 31, 2006. Rico was off-duty and outside his jurisdiction.

That night, Rico saw Common’s Chevy S-10 pickup truck swerving on the road and felt the driver was seriously impaired. He activated the lights on his unmarked car and conducted a stop without waiting for the local police to arrive. When Common hopped out of the car, Rico conducted a pat-down search which turned up 50 pills and $1100 in cash. A later search of his car by local police uncovered $2000 and some marijuana.

Though Rico was a police officer, the court assumed he was acting as an ordinary citizen, citing the 2008 appellate case Louisiana v. Lavergne which upheld a DUI traffic stop performed by a volunteer firefighter from Texas.

Read More >

Investors in Redflex Traffic Systems were resigned toward the photo enforcement vendor’s declining US performance at Wednesday’s annual shareholder meeting in Melbourne, Australia. The company has lost significant US market share and profit as more cities reject automated ticketing machines. Nonetheless, large executive compensation packages were approved without the dissent found in past meetings.

Shareholders signed off on a $324,926 salary for chief executive Graham Davie, plus $194,956 in stock for a total of $519,882 — a raise of 3.6 percent. Board member Karen Finley’s salary increased 3 percent to $318,270 plus $196,060 in stock for a total of $514,330. Finley is in charge of US operations which saw a drop in profit from the first and second half of the year of 7.4 percent.
Redflex has also lost its position as the dominant player in the automated ticketing market to American Traffic Solutions which has used funds invested by Goldman Sachs to buy out smaller competitors and take on their municipal contracts. ATS now boasts the greatest number of cameras deployed.

Read More >

I caught hell from a number of TTAC’s Best and Brightest five days ago, when I blogged about the Chevrolet Volt fire at a NHTSA facility but failed to initially note GM’s response. At the time, GM’s Greg Martin said

GM has safety procedures for handling the Volt and its battery after an accident. Had those been followed, there wouldn’t have been a fire.

At the time, a number of readers accused me of bias for not including Martin’s response at first. Eventually I conceded that this was some worthwhile perspective for the story, but I cautioned that it only represented the opinion of one GM employee. Whether or not NHTSA actually followed those procedures remained an open question… until now. Automotive News [sub] is reporting that NHTSA couldn’t possibly have followed those procedures, nor indeed could anyone else, for the simple reason that GM failed to share them with anybody. So not only is the NHTSA fire being blamed on the fact that government regulators were not given the necessary safety procedures, but it turns out that rescue workers, salvage yards, towing companies and the like were not taught how to discharge the Volt’s battery either. In other words, this NHTSA crash was an important eye-opener for the Volt team.

Read More >

One of the great mysteries to many inside the auto industry is why is GM’s stock price so low? Though the company had a weak third quarter, its stock price has been stuck well below its IPO price for much of the last year, despite a return to profitability. Though GM faces challenges, few inside the auto industry understand why its stock price remains so low. One theory: the government’s mere continued presence as a major stockholder creates uncertainty around the company. If this is the case, it creates something of a vicious cycle: the lower the stock price, the less likely the government is to sell its  shares, leaving it lingering with no exit strategy, in turn driving the stock lower. Though that’s not likely to be the whole story, one thing is certain: the government has been forced to increase its loss estimate for the GM bailout. The Detroit News reports that the Treasury’s losses on GM are now estimated at $23.6b, up from $14.4b. And with an election looming, it seems likely that the White House will sell within the next six months. But will the government’s desire to protect itself politically trade off with GM’s PR? After all, whatever the Treasury’s final loss is, that number will be pinned to GM as a symbol of what it owes the American people. On the other hand, with most analysts insisting that GM stock is undervalued, another year of government ownership could convince investors to bid up the price, greatly reducing GM’s public debt. Too bad electoral politics will probably prevent that from happening….

In a decision with wide-ranging implications for people who might check their email on an iPhone while stopped at a traffic light, the California Court of Appeal ruled Monday that it was a crime to use a phone at any time behind the wheel of a stationary or moving vehicle.

Three days after Christmas in 2009, a motorcycle cop in Richmond pulled up to a red light and noticed Carl Nelson, driver of the stopped car next to him, appeared to be making a cell phone call. Nelson put down the phone as soon as he saw the officer. Nelson said he was just checking his email while waiting for the light to turn green. The Golden State banned the use of handheld cell phones while driving in July 2008.

“A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving,” the law states.

Read More >

Over the last few days we’ve been discussing the implications of the growing gap between global oil demand and production, looking at the responses of a global automaker, a radical startup and the oil industry itself. And make no mistake, it’s an uncertain future out there… unless you’re selling cars in the US. In that case, your future just arrived, planned all the way through 2025. That is, if you think this proposed rule will survive four presidential elections and one industry-government “mid-term review.” Want to familiarize yourself with this pre-planned fuel economy future? All 893 pages await your perusal, in PDF format here. Or, hit the jump for a few broad strokes.

Read More >

Although the city council in Redmond, Washington has decided to cancel its red light camera contract, the city continues to block the effort to let voters have a say in the decision. In court papers filed Monday, local activists cited election results in the cities of Bellingham, Longview and Monroe to convince King County Judge Laura C. Inveen to reconsider her October 11 ruling that it would be a “useless act” to put an advisory measure on the ballot.

“Under the local initiative process, the city clerk had a clear duty to transmit the petition to the county auditor,” Judge Inveen ruled. “That mandamus will not lie to compel the useless act of transmitting the initiative to the county auditor where the initiative is invalid according to the Court of Appeals’ recent decision, American Traffic Solutions v. Bellingham.”

Read More >

Though we owe Jalopnik a few well-deserved raspberries for this week’s inane tease-n-reveal of some wildly overhyped and under-delivering “renderings” of the 2014 C7 Corvette (look it up if you must), we’ve actually got to tip our hats to the Gawker site for finding a truly relevant petition at the White House website. The petition’s goal?

Stop using Homeland Security funds to seize imported vehicles, and change the DOT/EPA exemption to 15 years.

The Department of Homeland Security spends a shockingly disproportionate amount of its budget not on security initiatives, but on customs seizures. In particular, importers of grey-market vehicles have been targeted by monies taxpayers have intended to be used to secure our country against terrorism and terrorist activity. We call upon the Executive Branch to immediately cease this wasteful activity, and furthermore to change the DOT/EPA exemption time on grey-market vehicles from 25 years to 15 years (to match the vehicle regulations of Canada), recognizing that the 25-year rule was enacted due to support from special interests such as Mercedes Benz North America.

This is the kind of cause that we can absolutely get behind. In fact, if TTAC and Jalopnik combined can’t get under 22,000 readers to sign it… well, it will be Jalopnik’s fault. They’re a much bigger site. Seriously though, please sign this. There’s no guarantee that this will change anything, but as long as future generations can grow believing that they too might be able to someday import some awesomely clapped-out foreign jalopy that will demand all of their spare time and money just to stay running, well… the world just might become a better place.

Done signing the petition? Why not tell us what 15 year-old car you would import if you could?

Drivers cannot be pulled over if they peel out from an intersection with a bit of tire squeal, Alaska’s second-highest court ruled Thursday. In countries like Australia, a similar chirp of the tires could lead to the impounding of the vehicle under “anti-hoon” laws that generate millions in revenue. A three-judge panel in The Last Frontier was more forgiving when considering the fate of Vernon Burnett who was pulled over after midnight on September 20, 2009.

Alaska State Trooper Lucas Altepeter saw Burnett’s truck stop, then spin its tires one-third of the way through the intersection while turning left in the city of Bethel. Burnett made no driving errors, but Trooper Altepeter decided to stop him anyway, as he had “never seen somebody accidentally lose traction and spin their tires as fast and as far as this particular vehicle did.” The trooper believed he could write a citation for the tire spinning alone. A district court judge agreed, saying the the spinning was sufficient proof of negligent driving. The appellate court sided with Burnett.

Read More >

Remember the uproar over Unintended Acceleration in Toyotas? After more than a year of investigation, NHTSA has yet to find a definitive cause for the furor… although the experience was not an entire waste. In fact, the most interesting result of the entire situation was that it cast light on NHTSA’s inefficacy as much as it did embarrass Toyota’s quality control. And to help clarify what exactly the lessons of the Toyota flap were, the DOT’s Inspector General has released a report detailing its criticisms of the federal safety regulators. According to the report [PDF], NHTSA’s Office of Defect Investigation (ODI) has not

• Adequately tracked or documented pre-investigation activities.
• Established a systematic process for determining when to involve third-party or Vehicle Research and Test Center (VRTC) assistance
• Followed timeliness goals for completing investigations or fully implemented its redaction policy to ensure consumers’ privacy. [Ed: gee, you think?]
• Established a complete and transparent record system with documented support for decisions that significantly affect its investigations.
• Developed a formal training program to ensure staff has the necessary skills and expertise.

Read More >