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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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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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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Boston.com’s On Liberty blog reports that the 1st Circuit Court of Appeals upheld the right of citizens to video police officers, ruling in part that

changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.

So great was this victory for First Amendment rights and the New Media, that an Albuquerque police officer celebrated by getting caught in flagrante delicto while in uniform. You know, in case there was any question as to why the courts really ruled this way. And if this whole story smacks of Jalopnik-style only-barely-related-to-cars desperation, we’ve got a “Stump the Best And Brightest” challenge to keep things car-centric: what model of vehicle is the officer “laying down the law” on?

Having spent most of my driving years in car-theft-prone neighborhoods in California and preferring the please-steal-me Honda Civic as my daily driver of choice, I learned many years ago that a secret starter and/or fuel-pump cutoff switch is a must-have. Such kill switches have prevented theft of my past Civics on three occasions that I know about. Last week, the maddeningly hard-to-find kill switch I installed in my 18.2-second quarter-miler 1992 Civic left a Denver Honda thief empty-handed. (Read More…)

Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals. Mark Lee Martin wanted to defend himself against drug possession charges filed in the wake of an August 29, 2008 traffic stop, but he was told no video was available.

Travis County Sheriff’s Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin’s attorney formally requested that the department preserve video evidence from the stop. Subpoenas were issued to ensure “all videos and dispatch calls” would be saved. At trial, Jennings was asked why the camera evidence had not been kept.

“Since I didn’t put it in my report it wasn’t preserved because I didn’t believe it had any type of evidential value,” Jennings told the court.

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The Governor’s Highway Safety Association has reviewed a number of studies on distracted driving, and its report [PDF here] shows a number of disturbing findings. A few of the highlights (or is that lowlights?):

• At least one driver was reported to have been distracted in 15% to 30% of crashes at all levels, minor to fatal. The proportion of distracted drivers may be greater because investigating officers may not detect or record all distractions. In many crashes it is not known whether the distractions caused or contributed to the crash.
• In almost 80% of all crashes and 65% of near-crashes the driver was looking away from the forward roadway just before the incident and that secondary task distraction contributed to 22% of the crashes and near-crashes
• about two-thirds of all drivers reported using a cell phone while driving; about one-third used a cell phone routinely. In observational studies during daylight hours in 2009, between 7% and 10% of all drivers were using a cell phone… about one-eighth of all drivers reported texting while driving. In observational studies during daylight hours in 2009, fewer than 1% of all drivers were observed to be texting.
• Cognitive distractions by themselves – thinking about something other than driving, without any manual or visual distraction – can affect driving performance. Two recent studies reinforce the conclusion that distractions affect the mind, not just the eyes, ears, or hands
• [Two] studies found that crash risk was about four times greater when using a cell phone. Hands-free phones did not appear to be any safer than hand-held phones.
• In the only study of texting bans, HLDI studied their effect on collision claims using the same methods as their 2009 study of cell phone laws. They concluded that texting bans did not reduce collision claims. In fact, there appears to have been a small increase in claims in the states enacting texting bans compared to neighboring states… there is no evidence that cell phone or texting laws have reduced crashes.

If you’re at all interested in a relatively concise (50 pages) overview of the state of distracted driving research, this report is well worth a download. Ultimately, though, the report offers more challenges than easy answers, as it largely debunks the notion that increased enforcement or hands-free laws make much of a difference in the problem. [via AutoObserver]

Opponents of red light cameras and speed cameras are taking the offensive against city councils and camera vendors who have been taking extreme measures to keep the issue of automated ticketing off the ballot. A Cowlitz County, Washington superior court judge will hear arguments later today in a countersuit that accuses the city of Longview of violating an anti-SLAPP law. The state last year banned what are called “strategic lawsuits against public participation” with a measure that grants expedited court procedures to initiative sponsors and a $10,000 penalty against anyone found to be exploiting the legal system to thwart a petition drive.

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The controversy over red light cameras, once relegated to websites like TTAC, thenewspaper.com, motorists.org and highwayrobbery.net, is hitting the mainstream media thanks to a new study by the IIHS [PDF here]. The study used the following methodology:

Telephone surveys were conducted with 3,111 drivers in 14 large cities (population greater than 200,000) with long-standing red light camera programs and 300 drivers in Houston, using random samples of landline and cellphone numbers. For analyses combining responses from the 14 cities, cases were weighted to reflect each city’s share of the total population for the 14 cities.

And what did they find?

Among drivers in the 14 cities with red light camera programs, two-thirds favor the use of cameras for red light enforcement, and 42 percent strongly favor it. The chief reasons for opposing cameras were the perceptions that cameras make mistakes and that the motivation for installing them is revenue, not safety. Forty-one percent of drivers favor using cameras to enforce right-turn-on-red violations. Nearly 9 in 10 drivers were aware of the camera enforcement programs in their cities, and 59 percent of these drivers believe the cameras have made intersections safer. Almost half know someone who received a red light camera citation and 17 percent had received at least one ticket themselves. When compared with drivers in the 14 cities with camera programs, the percentage of drivers in Houston who strongly favored enforcement was about the same (45 percent), but strong opposition was higher in Houston than in the other cities (28 percent versus 18 percent).

Sounds like those red light cameras are pretty great after all, doesn’t it? That’s certainly the IIHS’s takeaway…
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The amount of yellow warning time at California intersections would drop along with speed limits under a bill being considered by the state legislature. The Senate Transportation Committee will hold a hearing Tuesday on Assembly Bill 529, a proposal that re-writes the state’s speed trap law so that cities would be able to round down all speed limits after conducting a traffic study. The measure passed the full Assembly by a 77 to 0 vote on May 19.
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California drivers do not need to use their turn signals if no other car is nearby according to a ruling handed down Friday by the state’s second-highest court. A three-judge panel of the court of appeal found that La Habra Police Officer Nick Wilson was in the wrong when he stopped Paul David Carmona, Jr. for making a right-hand turn in his Chevy SUV without signaling. Wilson was about 55 feet away traveling in the opposite direction at the time Carmona made his turn. The road was otherwise empty.

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Members of the public are not allowed to attend red light camera trials and other proceedings at the Superior Court of California courthouse in the city of Corona. For the past several weeks a policy has been place denying entry to anyone who does not have a direct involvement in a specific case scheduled that day. Court security checks anyone attempting to enter the building.

“Please be advised that this court facility is closed to the general public,” a sign posted at the door states. “The facility conducts criminal trials Monday through Friday and only jurors, witnesses and associated trial personnel are permitted to enter. On Fridays, the facility is also open for litigants reporting for court trial on traffic or minor offense matters.”

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An ongoing federal lawsuit against the speed trap town of Ridgeland, South Carolina uncovered internal emails last month that shed light on the motivation behind the state’s only photo enforcement program. Since July 2010, Ridgeland has allowed the private firm iTraffic to operate a mobile speed camera van on Interstate 95, despite a state law outlawing the practice and a pair of attorney general opinions warning that the photo ticketing was not legal (view opinions).

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The US Court of Appeal for the Eighth Circuit on Monday overturned the sentence of a man convicted based on questionable testimony about a traffic stop. Despite clear evidence that a police officer contradicted himself regarding the reason he pulled over Ronald Prokupek on February 29, 2008, a magistrate in Nebraska and a federal district court judge still found him guilty. The three-judge appellate panel strongly disagreed, noting the rarity of the situation where it was forced to declare the lower court judges guilty of “clear error” in their decisions.

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Local activists are upset that Aurora, Colorado is doubling the size of its red light camera program even though the existing devices have failed to produce a demonstrable safety benefit. According to the public statements of officials, however, the sole motivation for the change is accident reduction.

“The city has approved plans to expand the system to cover ten additional intersections for the purpose of reducing the number and seriousness of accidents and injuries at additional intersections,” the police department’s annual report explained.

That reduction has never happened, according to official data obtained by the group Citizens for Responsible Aurora Government (CRAG) under a freedom of information request. The city admitted accidents increased at three of the four intersections monitored by red light cameras. All together, 168 accidents were recorded a year before installation and 169 documented a year after ticketing commenced. (Read More…)