Red light cameras and speed cameras may not be legally operating in Lafayette, Louisiana, according to current and former city officials. Councilman William G. Theriot was first to suggest that the city-parish President Joey Durel did not have the authority to unilaterally extend the contract with Australian automated ticketing vendor Redflex Traffic Systems when the agreement expired in June.

“I think a lot of people want to have a say so in what’s involved in it,” Theriot told KATC-TV. “Secondly if it is extended, we don’t know if the terms were negotiated or what was involved.”

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[Editor’s note: The following was sent to us by Donald Sawicki of Copradar.com, a site where Mr Sawicki offers insight and literature on radar and red light camera safety issues to victims, defendants and legal professionals.]

The first step towards determining if a red light camera exists to make money is to answer the question: Does the traffic light force drivers that just happen to be in the wrong spot (worst case) when the light changes yellow to brake safely (worst spot at worst time)? If the answer is “safe braking for worst case” the camera probably exists for legitimate reasons of safety. If the yellow light forces unsafe or even dangerous worst case braking, the camera is strictly a source of money (a dangerous tax) that goes to cities or states and equipment suppliers (which typically split the booty). To catch (trap, trick, hook or crook) more redlight runners some municipalities shorten the yellow time forcing drivers (even NEAR worse case distance) to run the light. It gets worse: many jurisdictions use outdated driver reaction times (some established over half a century ago) when determining yellow duration, resulting in short yellow light times and unsafe worse case braking.

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Lawyers for motorists in Missouri are looking to capitalize on recent discoveries regarding deceptive marketing campaigns orchestrated by red light camera companies. On Wednesday, The Simon Law Firm filed a class action lawsuit against American Traffic Solutions (ATS) and the city of Hazelwood seeking refunds for thousands of photo enforcement tickets issued without the sanction of state law.

“In bringing this class action, plaintiffs seek to expose what they and other Missouri citizens believe is an unscrupulous business venture between an out-of-state for-profit corporation and a municipal government seeking to fill city coffers,” attorneys Ryan A. Keane and John E. Campbell wrote.

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Jurisdictions throughout the United States have been dropping the use of red light cameras and speed cameras. On Tuesday, the revolt spread to Strathcona County, Canada where the county council voted 5-4 to replace automated ticketing machines with real, live police officers.

“As far as we can tell, other than British Columbia a few years ago, we’re the first jurisdiction in Canada to remove photo radar,” Councillor Brian Botterill told TheNewspaper in an interview.

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Toll roads at one point appeared to be unstoppable. Steady growth in traffic yielded rapidly rising profits, especially for pioneers in the field such as Australia’s Macquarie Bank where executives became so rich from deals that included the leasing of US roads that it was dubbed the “millionaires’ factory.” That all changed when the recession took hold and motorists scaled back on the mileage driven each year. Losses began to mount, and as a report released last week by Fitch Ratings argues, the dynamics for tolling may not improve in the near future.

“Fitch tracks data on toll roads, bridges, and tunnels across its ratings portfolio,” Fitch analysts wrote in the report, Downshifting: US Transportation Reacts as GDP Growth Flattens. “Traffic declined year over year as much as 10 percent during the Great Recession. Sustained positive growth in traffic commenced in February 2010. The most recent Fitch data indicates that growth in traffic volumes began slowly declining on tolled facilities, heading to zero growth in second-quarter 2011.”

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Last month, a group calling itself the National Coalition for Safer Roads (NCSR) obtained a great deal of exposure for red light cameras through the “National Stop on Red Week” publicity campaign. Several police departments around the country participated, with most news reports treating the issue as a public service announcement. Documents show the group coordinating this effort, NCSR, is controlled exclusively by the photo ticketing firm American Traffic Solutions (ATS).

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Police may not pull over a car simply because two passengers are riding in the back seat, according to a September 2 ruling of the US District Court for the Eastern District of New York. On December 30, 2009, a trio of New York Police Department officers had a hunch that a passing gold-colored Ford Crown Victoria with New Jersey license plates might secretly have been charging for rides.

The vehicle broke no traffic laws, but the officers became suspicious because in the dark at 1:30am, the officers only saw dark silhouettes of people in the back seat — and nobody in the front passenger seat. At trial, the officers were unable to provide a description of the vehicle, or identify any unusual activity from its occupants. None had ever seen this Crown Vic before. Officer Trent Narra testified that he had a “hunch” that the car was violating the New York City Administrative Code that fines individuals who operate cab service on the side without paying the $686,000 fee for a taxi medallion.

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The distinction between employees for a private photo enforcement firm and taxpayer-funded public servants blurred in the city of Lynnwood, Washington. Emails between city officials and American Traffic Solutions (ATS) suggest a cozy relationship developed where both sides were willing to perform the duties of the other in terms of marketing and public relations.

Lynnwood Police Sergeant Wayne “Kawika” Davis, for example, used official government resources and time to come up with a marketing plan to sell for the privately held firm at a conference held at the Tulalip Resort Casino in June.

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Arizona must subsidize those who ride on buses, vans and light rail, regardless of the desire of state lawmakers or voters to do otherwise. US District Court Judge David G. Campbell on Friday overturned a state law enacted in March last year to curtail excessive spending by slashing such subsidies. The legislature canceled the Local Transportation Assistance Fund, which had doled out $127 million in taxpayer cash since 1998 to various mass transit programs using funds from the Powerball lottery.
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The Washington Court of Appeals yesterday delivered a big win to American Traffic Solutions (ATS), the photo enforcement firm that has fought hard to prevent the public from voting on red light cameras and speed cameras. A three-judge panel overturned last month’s decision by Whatcom County Superior Court Judge Ira Uhrig that had found the ATS suit was specifically crafted to block public access to the ballot.

The appellate judges sided with ATS, which argued Bellingham residents have no right to decide whether or not automated ticketing machines can be used in their city.

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A police officer has no right to pursue a minor traffic stop into a home, according to a ruling handed down Wednesday by the US Court of Appeals for the Tenth Circuit. A three-judge panel considered what happened after police in Sulphur, Oklahoma saw a suspect allegedly driving with faulty taillights on July 23, 2007.

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The arrest of 13 young supercar drivers near Vancouver, British Columbia is not necessarily the sort of piece I’d jump all over right away, but it did inspire quite a number of emails from readers tipping us to the story. I’m always intrigued by stories that inspire a lot of tips, but after reading the Vancouver Sun follow-up, I was even more disappointed with the story. To wit:

The drivers face charges of driving without due consideration for others, which comes with a $196 ticket and six driver penalty points, which will trigger a $300 penalty point premium.

Gaumont said there is a lot of disappointment that the drivers face only $196 fines, but there is not enough evidence to charge them with the more serious offence of dangerous driving.

“We don’t have police officers who observed the offence, and we don’t have lasers and radars that have the speeds,” Gaumont said. “We have to really depend on third-party individuals who had called in.”

If I’ve got this right, we’re supposed to be outraged by young people in fast cars, and society’s inability to stop them from wreaking their  “speeds upwards of 200 km/h” terror. For me, though, the overriding reaction to this story is “how uncool doess this make the supercars look?”

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Voters in at least seven cities will soon have a chance to decide whether to prohibit the use of red light cameras and speed cameras. Initiatives are being certified for the ballot in five states across the country, despite an all-out effort by photo ticketing firms to block any public role in the matter. Early voting is already underway in Albuquerque, New Mexico for the October 4 municipal election.

“Shall the Albuquerque city council continue authorizing the ‘Safe Traffic Operations Program,’ commonly called the ‘red light camera program’?” the city ballot asks.

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Just because police can search an automobile does not mean they can search its driver, according to an August 15 ruling by the North Dakota Supreme Court.

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As municipalities around the country increasingly have second thoughts about continuing red light camera programs, the private companies in charge of the photo ticketing are turning up the heat. Redflex Traffic Systems announced to its Australian shareholders last week that it continues to adjust contract language, boosting the penalties for cities that turn their back on photo ticketing. Just such language has hit in San Bernardino, California where rival photo ticketing firm American Traffic Solutions (ATS) is threatening to impose an extra $1,896,202 fee to punish the city council for attempting to get out of the contract in March. Officials had already approved cutting a check for $175,000 to the company as compensation.

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