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.
Redflex Traffic Systems of today reported to the Australian Securities Exchange that it had rebuffed the $275 million offer from toll road giant Macquarie Bank for outright control of the company. The Australian red light camera maker believes that it can spark a bidding war to drive up the purchase price and enrich shareholders.
Who pays for free parking? Everyone but the motorist.
That’s the thesis of UCLA professor of urban planning, Daniel Shoup’s new book The High Cost of Free Parking. Marginal Revolution blogger Tyler Cowen explains Shoup’s line of thinking in an NYT Op-Ed.
Many suburbanites take free parking for granted, whether it’s in the lot of a big-box store or at home in the driveway. Yet the presence of so many parking spaces is an artifact of regulation and serves as a powerful subsidy to cars and car trips. Legally mandated parking lowers the market price of parking spaces, often to zero. Zoning and development restrictions often require a large number of parking spaces attached to a store or a smaller number of spaces attached to a house or apartment block.
If developers were allowed to face directly the high land costs of providing so much parking, the number of spaces would be a result of a careful economic calculation rather than a matter of satisfying a legal requirement. Parking would be scarcer, and more likely to have a price — or a higher one than it does now — and people would be more careful about when and where they drove.
The subsidies are largely invisible to drivers who park their cars — and thus free or cheap parking spaces feel like natural outcomes of the market, or perhaps even an entitlement. Yet the law is allocating this land rather than letting market prices adjudicate whether we need more parking, and whether that parking should be free. We end up overusing land for cars — and overusing cars too. You don’t have to hate sprawl, or automobiles, to want to stop subsidizing that way of life.
Cowen points to San Francisco’s market-based parking meters as one potential solution for the waste and stealth subsidies of automotive overuse caused by free parking (which Shoup reckons amounts to a staggering $127b annual subsidy). But will market-based parking pricing be any more politically palatable than other green behavior-modification efforts like, say, a gas tax? On the other hand, if municipalities can get rid of speed cameras due to increased parking revenue, perhaps the compromise might be more worth it to motorists. Either way, one gets the feeling that the free parking phenomenon isn’t going to disappear overnight.
According to a poll released last week by the Liverpool Victoria Insurance Company, UK motorists drive more erratically in the presence of speed cameras. The firm, which insures 3.8 million in England and Wales, commissioned ICM Research to survey how the driving public responds when automated ticketing machines are present. The firm concluded that, since 2001, photo enforcement may have contributed to thousands of accidents that would not have otherwise occurred.
Ridgeland, South Carolina wants to deploy a speed camera to ticket out-of-state drivers as they pass through the seven-mile stretch of interstate within the tiny town’s limits. The plan angered the state legislature to such a degree that it unanimously enacted legislation in June to prohibit photo enforcement — except during declared state emergencies (view law). The Ridgeland town council refused to back down.
Editor’s Note: The following was originally written by Jim Walker for the National Motorists Association blog, and has been republished with permission from the NMA.
I have worked closely with the Michigan State Police for several years in their pursuit of correcting as many Michigan posted speed limits to the correct 85th percentile speed level as possible. Yes, we have a very enlightened state police administration that wants to see posted limits set for safety, not revenue.
I have testified before Michigan legislative committees in support of the State Police to help explain the science involved, helped to nominate the key officers for a Governor’s Traffic Safety Advisory Committee Award which they won in 2006, and helped the police find areas of state trunk line routes (numbered highways) which should be re-surveyed because the posted limits were set far below the normal speeds of traffic.
A motorist who avoids a police car is inherently suspicious, according to a ruling handed down by the Minnesota Court of Appeals on Tuesday. A three-judge panel found that even if the officer observed no illegal conduct, a traffic stop and interrogation is justified when a driver seems not to want to be around a patrol car.
Officials in Tasmania, Australia last week reluctantly admitted that some of its speed cameras produced unreliable readings. The automated ticketing machines on Tasman Bridge were found to be issuing speeding tickets to vehicles that were not speeding, forcing a refund of 440 tickets issued between June 5 and July 5. According to The Mercury, a test of the device against a handheld speed gun showed inaccurate readings.
California’s second highest court on Wednesday upheld the publication status of a key decision that called into question the legitimacy of red light camera evidence. The state Court of Appeal rejected the request of the cities of Santa Ana and Menlo Park to depublish a May appellate ruling of the Orange County Superior Court (view the California v. Khaled decision) that found the red light camera photographs presented as evidence in court were inadmissible hearsay.
The Tennessee Court of Criminal Appeals on Wednesday ruled that a driver cannot be pulled over for failure to signal when that conduct did not affect any other driver. The decision came down in the case of Antoinette Feaster, 37, who was stopped and arrested on August 15, 2007 around 11am. Rutherford County Sheriff’s Department Officer Travis Robinson had set up a speed trap on the median of Interstate 24 when he saw Feaster’s Chevrolet Tahoe traveling about 8 MPH below the speed limit and making a lane change without signaling. Feaster’s attorney quizzed Robinson on the stand at trial about his recollection of the incident.
American Traffic Solutions (ATS) is following the playbook from its failed attempt to defeat an anti-red light camera referendum in College Station, Texas. The company on Monday used its law firm, Stoel Rives LLC, to file a lawsuit under the name of Christine Preston, a local resident seeking to prevent Mukilteo residents from having any say in whether automated ticketing machines are deployed on their streets.
“A controversy exists between plaintiff and defendants regarding whether the subject matter of proposed Mukilteo Initiative No. 2 is within the scope of the initiative power,” the ATS law firm’s complaint stated. “Proposed Mukilteo Initiative No. 2 would improperly interfere with the exercise of a power delegated by state law to a local legislative authority.”
Pennsylvania Governor Ed Rendell is struggling in his latest budget with the desire to spend more money while lacking tax revenue due to the economic recession. Nonetheless, the $28 billion budget for 2011 expends $200 million more than the previous year. Rendell yesterday testified before the state Senate Transportation Committee about how he intended to hit up motorists to make up much of that amount.
“If you did the increase in fees for inflation and the four cents at the pump — again, I think my idea is the best idea — but if you did that, you’ve got almost $100 million more,” Rendell testified. “If you did the InsureNet — that’s the plan with the cameras — the state would generate $75 million more.”
A pair of Cuyahoga County, Ohio cities are likely to have a public vote on banning red light cameras and speed cameras in November. A sufficient number of residents in Garfield Heights and South Euclid signed a referendum petition that organizers expect to turn in this week, as early as today. Once approved, these municipalities will join Anaheim, California; Baytown and Houston, Texas; and Mukilteo, Washington in voting on the future of cameras on November 2.
Tickets are no longer being mailed based on evidence created by freeway speed cameras in the state of Arizona. After a year-long campaign against the devices, activists from the group CameraFraud.com succeeded in convincing Governor Jan Brewer (R) to end the photo enforcement contract that her predecessor, Janet Napolitano (D) signed. As a result, the cameras were remotely shut down at 12:00am today.
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