A group of nine Missouri lawmakers are looking to expand the use of speed cameras throughout the state. State House members, led by Representative Michael Corcoran (D-St. Ann), on Tuesday introduced House Bill 1947 which appears on its surface to ban the use of speed cameras when, in fact, it authorizes their use.
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Category: Law and Order
According to a PR Newswire release, a class action suit has been filed against Toyota and supplier CTS, alleging “inherent design defects,” specifically a “lack of failsafes” in Toyota’s ETCS-i (Electronic Throttle Control System-intelligent), in use since 2001. As in not the pedal assembly. A similar suit was filed in the US last November. Today, Toyota’s Jim Lentz was emphatic that electronics were not the issue with the ongoing recall, but shortly after the US suit was filed, Toyota quietly announced that an electronic brake override system would be installed on certain vehicles with automatic transmissions. Is that as good as an admission of guilt? You can bet the lawyers are already saying so. The full release is available after the jump.
The Highway Loss Data Institute, an affiliate of the Insurance Institutes For Highway Safety, reports that an audit of insurance claim filings shows no reduction in claim amounts in states with bans on cell phone use in cars. According to the report:
HLDI researchers calculated monthly collision claims per 100 insured vehicle years (a vehicle year is 1 car insured for 1 year, 2 insured for 6 months each, etc.) for vehicles up to 3 years old during the months immediately before and after hand-held phone use was banned while driving in New York (Nov. 2001), the District of Columbia (July 2004), Connecticut (Oct. 2005), and California (July 2008). Comparable data were collected for nearby jurisdictions without such bans. This method controlled for possible changes in collision claim rates unrelated to the bans — changes in the number of miles driven due to the economy, seasonal changes in driving patterns, etc.
Month-to-month fluctuations in rates of collision claims in jurisdictions with bans didn’t change from before to after the laws were enacted. Nor did the patterns change in comparison with trends in jurisdictions that didn’t have such laws.
A number of states are considering legislation that would outlaw the use of photo enforcement. Last year alone, Maine, Mississippi and Montana added themselves to the list of fifteen states where red light cameras and speed cameras are no longer welcome. On Thursday, the South Dakota House Transportation Committee will consider legislation introduced by state Representative Peggy Gibson (D-Huron) to make her state the sixteenth.
Yesterday, the Wall Street Journal wrote: “Hell, in modern imagination, is not a place of fiery lakes and acrid fumes. It’s a maze of deposition rooms you can’t escape, where nothing is what it seems. That’s where Toyota has landed.“
Welcome to hell. Read More >
Supreme court justices in Missouri yesterday openly questioned the constitutionality of the red light camera program in the city of Springfield. The high court heard oral arguments in the case of retired highway patrol officer Adolph Belt, Jr. who attempted to defend himself in a court of law against the automated citation he received in the mail from Lasercraft, a UK-based camera vendor. Springfield insisted that Belt had no such right and that an administrative hearing presided over by a municipal judge constituted the first and last appeal in the matter. This procedure raised eyebrows among members of the high court, as administration represent a function of the executive.
An automated enforcement company is turning to an unelected branch of government to re-write Arizona law regarding proper service for traffic tickets. Redflex Traffic Systems of Melbourne, Australia convinced John D. Wintersteen to file a petition earlier this month that asked the Arizona Supreme Court to modify the state’s rules of civil procedure to better accommodate red light cameras and speed cameras.
“Unlike the majority of other jurisdictions that have implemented photo enforcement, Arizona’s rules governing service of process have not been simplified to accommodate the unique challenges presented by the widespread use of photo enforcement equipment,” the petition prepared by Redflex lawyers stated. “Rule 4.1 does not currently allow defendants in photo enforcement proceedings to be validly served with a copy of the summons and pleading by first-class mail.”
The UK Sustainable Development Commission yesterday released a report recommending the use of average speed cameras for round-the-clock tracking of motorist journeys nationwide. The government advisory body said that widespread deployment of average speed cameras was required to reduce the emission of carbon dioxide by automobiles, a factor that some believe is linked to global changes in temperature. The report made a number of recommendations affecting the driving public.
“The business models associated with private motoring are not aligned with sustainability,” the report explained.
The fine city of Eugene, Oregon seems to think so. You’d think they had already heard of the famous case of Santa Cruz V. Mr Twister. Apparently not. [Hat Tip: Charles]
Speed cameras worldwide were plagued by accuracy problems this week. In Scottsdale, Arizona, a black man received a white man’s tickets on five occasions. Because this man happened to be Larry Fitzgerald, one of the top wide receivers in the National Football League, his case was received the attention of TMZ. In five of six automated ticketing photographs mailed to Fitzgerald, who is black, a white man is unquestionably behind the wheel of a Cadillac Escalade.
Drivers in Georgia were hit for the first time last Friday with a new tax on speeding tickets designed to raise between $25 and $30 million in annual revenue for the general fund. The plan was modeled on the driver responsibility taxes in states like Michigan, New Jersey, New York and Texas. A similar plan in Virginia was so unpopular that legislators repealed the tax within six months and refunded all of the money that had been collected under the program.
Here’s a question: You want to do something, but it’s against the law, what do you do? Abandon the idea? No, if you’re Chrysler you sue the government. Detroit News reports that Chrysler LLC are suing officials from Oregon, Maine, North Carolina and Illnois for laws which “unduly burden New Chrysler with the obligation to provide the rejected dealers with rights that this court determined that the rejected dealers do not have,” as lawyers for Chrysler wrote.
In 2007, over 120,000 Civic Hybrid owners had a beef with Honda. So much so, in fact, that they sued the Japanese company. What do you reckon the reason could be? Unsafe cars? Think again. Poor build quality? No, they sued Honda because their Civic Hybrids didn’t get the stated fuel mileage. New York Times’ Wheels Blog reports that 2 plantiffs, John True of Ontario, California, and Gonzalo Delgado of Chino Hills California along with 120,000 other Honda Civic Hybrid owners argued in the United States District Court for the Central District of California that they were only getting 31 mpg instead of the advertised 49mpg in the city and 51 mpg on the highway. The plaintiffs believe that Honda’s advertising led them to believe that the Civic Hybrid would get better fuel economy than is likely in real world driving. Needless to say, the plaintiffs weren’t challenging the EPA methods of predicting mileage, just that Honda, allegedly, deceived customers by not making it clear that they were unlikely to achieve the EPA figures. Honda, naturally, have a different take.
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Compared to the tens of billions of dollars in lost taxpayer investments in GM and Chrysler, the lawyer bills for the twin bankruptcies are relatively inexpensive. The Freep reports that legal and consulting fees have already exceeded $120m, with another $3m pending for September and October, and more to come. According to court records, Chrysler’s chief financial advisors during its bankruptcy, Capstone Advisory Group, has received $17m in taxpayer money, with some $10m going directly to the firm’s Executive Director Robert Manzo. Chrysler’s lead counsel, Day Jones, received $40m through last August, and estimates place the firm’s eventual tab to total somewhere around $115m. GM’s bankruptcy advisors AlixPartners and Evercore Partners received $26m and $13m respectively, while its head lawyers, Weil, Gotshal & Manges received nearly $72m. And with the liquidations of Old GM and Chrysler far from over, the legal bills will continue to mount, likely past 2010.
The Bologna police department proves the age-old adage that the free cars crash twice as fast [The Guardian via Jalopnik].
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