Refusing to get out of a vehicle during a traffic stop does not justify a search of the automobile, the California Court of Appeal ruled Friday. The three-judge panel further developed the US Supreme Court’s finding in Arizona v. Gant that arresting a motorist does not automatically authorize a warrantless search.
An Oregon man attempted to escape conviction for driving under the influence of alcohol (DUI) by claiming he was “sleep driving” and not responsible for his actions. On Wednesday, a three-judge panel of the state Court of Appeals shut down the argument as utterly irrelevant. Even if what he said were true, driving while drunk and asleep would still be a crime.
Advocates of diverting tax money raised from motorists on mass transit insist doing so is essential for protecting the environment. Data published in August by the UK Department for Environment, Food and Rural Affairs (DEFRA) show that buses outside London produced an average of 221 grams per kilometer of greenhouse gas emissions. This is more than the figure given for small gasoline-powered cars, 210. Small and medium diesel-powered cars also beat the bus with scores of 172 and 215.
“Perhaps those who criticize lone car drivers should turn their attention to empty off-peak buses instead,” Association of British Drivers environment spokesman Paul Biggs said in a statement. “Although buses provide an important public service, even London can only manage an average occupancy of around fifteen passengers. Modern efficient cars outperform buses not just for CO2 emissions, but for genuine pollutants as well.”
Many Florida municipalities now regret jumping the gun and installing red light cameras before the state legislature authorized their use in 2010. The Hallandale Beach city commission will vote later today to approve a settlement of $375,566 to be repaid to vehicle owners who were mailed tickets before the program was actually legal. American Traffic Solutions (ATS), which controlled the program, will pay $43,221 — its proportional share of the amount.
Motorists searched during a traffic stop may find their iPhone data electronically grabbed by police in ways that would not be possible or acceptable with written material. Some police departments, including the Michigan State Police, are equipped with a mobile forensics device able to extract images, videos, text messages and emails from smartphones. In some cases, the device is able to bypass password protection. Several states have been reluctant to curtail law enforcement access to this information.
Residents of Austin, Texas may soon have the power to issue parking tickets by taking a few photographs of someone else’s car with their smartphones. A unanimous council voted on October 20 to explore the concept of deputizing vigilante meter maids using an iPhone app. Disabled advocates pushed the program at the council meeting in the hopes of guaranteeing easier parking. They were joined by others who were just interested in writing the $511 tickets.
A Missouri appellate court judge with family ties to the red light camera industry yesterday led the charge to save photo ticketing programs from legal attack. In a per curiam decision, Eastern District Presiding Judge Robert G. Dowd Jr and two colleagues upheld the ticket issued by American Traffic Solutions (ATS) to motorist Mary Nottebrok in Creve Coeur on August 11, 2009.
“Ordinance Number 315.140 did not prohibit ‘running a red light;’ rather, Ordinance Number 315.140 prohibited the presence of a vehicle in an intersection when the traffic control signal for that intersection was emitting a steady red signal for the direction of travel or orientation of the vehicle,” the decision stated in defense of Creve Coeur’s photo enforcement ordinance.
A report released last week by the engineering firm Gibson Traffic Consultants (GTC) found the use of red light cameras unjustified in Bellingham, Washington. The study gathered collision data from the Washington State Department of Transportation (WSDOT) and the city to conclude the use of an automated ticketing machine at the intersection of Guide Meridian Road at Telegraph Road was unwarranted.
The Detroit News reports that the White House has ordered a review of the Department of Energy’s various loan programs in the wake of the Solyndra scandal, noting
White House Chief of Staff William Daley ordered an independent analysis on the state of the Department of Energy’s loan portfolio — including loans to solar, nuclear and auto companies.
“The president is committed to investing in clean energy because he understands that the jobs developing and manufacturing these technologies will either be created here or in other countries,” Daley said.
One of those programs is the so-called “Advanced Technology Vehicle Manufacturing” loan program, which was nearly used to fund the Detroit bailout and has since come under fire from various quarters. Twice already the Government Accountability Office has questioned the ATVM loan program for its lax oversight, weak goals, lack of technical support, inconsistency in awarding loans and the undetermined impact of funded vehicles. And those internal issues could help explain why the Center For Public Integrity has accused the ATVM program of operating a patronage scheme, alleging that major Obama donor and Tesla board member Steve Westly personally benefitted from loans made to the company. And on the Fisker side of things, backer John Doerr of the VC firm KleinerPerkins is another major Obama donor, suggesting a pattern of politically-motivated loan awards to well-connected EV firms that carry high risks. With government intervention in the auto industry still a hot-button issue in the wake of the bailout, this scandal has huge implications for the legitimacy of America’s emerging “industrial policy.”
After news spread that paying a red light camera tickets in Los Angeles County, California is optional, the average number of people paying citations declined by nearly a third. According to an analysis of Los Angeles County Superior Court payment transaction count and revenue data by TheNewspaper, the state, Los Angeles County, municipalities and photo enforcement vendors are losing $1 million per month following the revelation that there is no penalty for tossing a mailed ticket in the trash. The news broke as part of the hearing process while Los Angeles municipal officials debated whether to shut off automated ticketing machines in the City of the Angels.
“What we have here is truly a voluntary citation program,” Los Angeles Police Commissioner Alan J. Skobin said at a June 7 meeting. “It’s voluntary because there’s no teeth in it and there’s no enforcement mechanism.”
An estimated sixty million Americans live in a jurisdiction monitored by an automated ticketing machine. According to a report released today by the left-leaning US Public Interest Research Group (US PIRG), the trend of privatizing law enforcement raises a number of issues that put the public in those areas at risk.
With TTAC’s editorial team rendezvoused in Georgia in preparation for our Southern Tour, it seems the state of Tennesse has been warned of the coming invasion of Niedermeyers, Langs, Schmitts and Baruths. According to Nashville’s News Channel 5 [via Robert Farago’s Truth About Guns], the Volunteer State has, er, volunteered to become the first state to bring a Transportation Security Administration presence to its highways and byways. Says Tennessee Department of Safety & Homeland Security Commissioner Bill Gibbons,
Where is a terrorist more apt to be found? Not these days on an airplane more likely on the interstate
What evidence is there, besides the imminent presence of some particularly depraved automotive bloggers, for this purported increase in terrorist activity on Tennessee’s interstates? Who knows? Not the point. And there’s no “opt-out” lane on the freeway…
Port Lavaca, Texas is refusing to release documents that might reveal whether additional motorists have received automated tickets for running a green light. Yesterday, Byron Schirmbeck, director of saferbaytown.com, filed a formal complaint with Calhoun County District Attorney Dan Heard over the city’s refusal to comply with the terms of the state open records statute that generally requires the disclosure of public documents within ten days.
The Detroit News reports that 66 US Representatives wrote to the House Appropriations Committee today to urge a measure blocking the EPA from regulating fuel economy in the 2017-2025 period. The letter, signed by 64 Republicans and three Democrats requests
A one-year ‘time out’ is necessary as EPA and (California) are setting national fuel economy standards without explicit authorization by Congress, under laws not designed to regulate fuel economy
According to the DetN, “the proposal would let the National Highway Traffic Safety Administration go forward with setting fuel economy requirements, but under the law it could only set new requirements through 2021.” And unlike past battles over CAFE, opposition this time around does not appear to be coming from the OEMs, but from NADA, the new car dealer lobby group. The only OEM to not sign onto proposed 2017-2025 standards is Volkswagen, which is reportedly in talks with regulators over the proposal.
(Read More…)
As the automaker that’s least-prepared for upcoming increases in federal fuel economy standards, it was more than a little surprising to find that Fiat’s five year plan for Chrysler did not involve any significant plans for hybrid drivetrain development. But more recently, CEO Sergio Marchionne has said a hybrid Chrysler 300 would be offered in 2013, and the firm hooked up with the feds to work on a hydraulic hybrid drivetrain. And though new CAFE regulations offer generous credits for hybrid pickups, a policy choice that rescues Chrysler’s investment in “Two Mode” hybrid technology, more will have to be done. For, in the words of Marchionne [via Automotive News [sub]],
I have no other way of getting to 2025 numbers than by going to hybrids
But Chrysler won’t rely fully on hybrids in order to make the significant fuel economy improvements it needs. In fact, it will be relying as much on diesels and compressed natural gas (CNG) drivetrains as anything else.
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