Fighting speed camera and red light camera tickets in federal court is becoming increasingly difficult as yet another US district court judge yesterday embraced the use of automated ticketing machines. Judge Nanette K. Laughrey dismissed the class action lawsuit that Gregory Mills had filed against the city of Springfield and Lasercraft, a private vendor that has since been bought out by American Traffic Solutions. Mills argued that because the Missouri Supreme Court in March struck down the city’s program as illegal (view decision), those who received tickets were entitled to a refund.

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Ford was ordered by a Mississippi jury to pay $131m to the family of a New York Mets prospect who died in a rollover crash in 2001. The ruling came despite Ford’s insistence that Brian Cole had been driving at 80 MPH and was not wearing a seatbelt when his Explorer went off the road. Ford maintains that the judge in the case barred key evidence that would have absolved it of responsibility, and a spokesperson tells Reuters that

This was a tragic accident and our sympathy goes out to the Cole family for their loss, but it was unfair of them to blame Ford

Ford settled with Cole’s family immediately following the $131m award, and the family’s lawyer explained that the damages in this case were higher than other rollover cases because Cole was a professional baseball player.

While red light camera firms are facing significant legal peril as vehicle owners in California and Florida are fighting citations in court through class action lawsuits, the stakes are even higher when the companies themselves battle one another in the courtroom. The US Court of Appeals for the Ninth Circuit is now reviewing a number of issues brought in the suit filed by American Traffic Solutions (ATS) against its Australian rival, Redflex Traffic Systems.

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A team of experienced class action lawyers is taking on California’s red light camera industry, and photo enforcement companies are expressing unease. Last month, the law firm of Pearson Simon Warshaw and Penny, LLP filed suit in San Mateo County Superior Court arguing that tickets issued throughout the Golden State since January 1, 2004 should be refunded where the photo enforcement contracts violated a state law mandating flat-rate compensation to companies like Redflex Traffic Systems. Redflex referred to the case as a particular business risk in an August 25 filing with the Australian Securities Exchange.

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An Ontario, Canada judge in July faulted the Ontario Provincial Police (OPP) and Attorney General of Ontario for attempting to confiscate $46,078 contrary to the law. Officer Paul Barkley had pulled over a 2000 Mazda traveling on Highway 401 near Morrisburg just after midnight on October 16, 2009. Barkley had assumed the driver, Remus Petran, might have been drunk because he was driving below the speed limit. After speaking to Petran, who was sober, Barkley decided to search the vehicle.

In the Mazda’s trunk, Barkley found a gym bag containing CDN $74,980. Petran explained that he worked in construction and was paid in cash. For this, Petran was arrested for possession of property obtained by crime and his car towed away. After police found no evidence of a crime, Petran was unconditionally released with his car and without any charges filed — but police kept the cash.

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The Institute of Transportation Engineers Journal published in May the results of an extensive Los Angeles, California Police Department evaluation of the effectiveness of license plate covers and sprays designed to defeat automated ticketing machines. The results showed that the popular countermeasures did not work well under actual field conditions using the red light cameras operated in the city by Nestor Traffic Systems (the firm has since gone bankrupt and American Traffic Solutions now runs the program).

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The California state Senate on Wednesday voted 63-11 to give final approval to a measure that will cut the fine for the most common type of red light camera violation in half. Under existing law, motorists who make safe, rolling right-hand turns at monitored intersections may receive a $500 bill in the mail from a private company operating on behalf of a municipality. In the past few years, the “California stop” at some locations have begun to account for up to 98 percent of automated ticketing machine citations.

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Just days after Mahindra’s diesel-powered compact pickups were approved by the EPA for sale in the US, the Indian automaker apparently canceled its distributor agreement with Global Vehicles according to the message above that was posted to Mahindra’s Media site. Global Vehicles has had a deal to distribute Mahindra pickup and SUV models in the US since 2006, and has signed up 350 dealers to sell the Indian imports. Recently cracks in the relationship surfaced when GV sued Mahindra alleging that the manufacturer was delaying homologation for the US market. GV claims to have spent $35m preparing for Mahindra’s US launch, and dealers were said to have paid $200k apiece to obtain franchises. Meanwhile, Automotive News [sub] notes

The statement by Mahindra hangs a question mark over the 300 to 350 U.S. retailers who have signed franchise agreements directly with Global Vehicles, if the Alpharetta, Ga., company no longer is the distributor.

Nor is it clear that Mahindra has the power to terminate the agreement without a court fight.

Despite collecting A$137 million in revenue from automated traffic ticketing, the Australian photo enforcement giant Redflex Traffic Systems yesterday announced its net profit before tax had fallen to a mere $442,000 for the first half of 2010. Redflex remains the number one player in the US market with US motorists providing 79 percent of the company’s ticket revenue. Redflex management, however, blamed recent losses primarily on “considerable public opposition” to photo radar and red light cameras in the US.

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The mayor of Ridgeland, South Carolina is taking a stand in defiance of a state law that bans the use of speed cameras anywhere in the state (view law). Mayor Gary W. Hodges earlier this month began issuing speeding tickets based on evidence provided by an automated traffic system set up in a recreational vehicle parked on Interstate 95 despite warnings from lawmakers.

“The program is up and running,” Hodges announced at an August 12 meeting. “There are those at various levels who think this is a bad thing — I for the life of me can’t figure out why people have a problem with this.”

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Under court order, Redwood City, California was forced to admit that the red light camera installed at Whipple Avenue and Veterans Boulevard in March 2008 have done absolutely nothing to reduce traffic collisions. San Mateo County Superior Court Judge Clifford V. Cretan instructed the city council to respond to a civil grand jury report from June that blasted municipal programs throughout the county that raised $13.8 million from ticketing despite the lack of evidence of any safety benefit (read report).

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After a year of use, red light cameras have failed to deliver the promised safety benefits in Baytown, Texas. The Houston suburb activated the majority of its cameras on July 13, 2008. Since then, the number of accidents at eight camera locations has increased 40 percent, contrary to predictions from city officials. The increase in accidents has not been in minor “fender benders,” as is frequently claimed by photo ticketing advocates. Rather, the number of collisions resulting in an injury jumped 75 percent. Rear end collisions increased 39 percent. Results from comprehensive, independent studies elsewhere in the country have yielded similar results.

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A San Diego, California Superior Court judge on Monday found elements of typical red light camera court evidence packages to be inadmissible hearsay. Eight consolidated cases were dismissed by Commissioner Karen A. Riley after she considered a motion to exclude evidence generated by automated ticketing vendor American Traffic Solutions (ATS). In light of the recent Melendez-Diaz v. Massachusetts ruling by the US Supreme Court (view ruling), Riley found the accused had a right to confront ATS witnesses.

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California courts are not alone in questioning the validity of red light camera and speed camera photographs as valid legal evidence. On Friday, the Queensland, Australia Court of Appeal ruled that automated ticketing cases require more than a pair of images in a folder to make a speeding case that will stick. The motorist, a non-lawyer, won her case against the government with only the help of her husband.

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American Traffic Solutions (ATS) and its subcontractors have spent $230,648 in an effort to deprive voters in Baytown and Houston, Texas of a chance to decide whether red light cameras should be used in their city. On November 2, residents will likely have the chance to adopt charter amendments banning the use of automated ticketing machines, although ATS lawyers are working overtime to attempt to have the courts overturn the citizen-led petition drive. Earlier this month a similar ATS-funded legal attack failed in Mukilteo, Washington, but the company last year had some success finding a judge in College Station willing to overrule the public.

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