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Automated Red Light Enforcement
Only Targets Honest Citizens
Ticket assassin.com provides information and commentary on traffic
ticket issues, including automated enforcement. Our site challenges
the legitimacy and legality of vesting police and judicial authority
in the private corporations operating red light cameras. These companies
are not subject to public scrutiny and only profit if their "evidence
analysis" determines that the photographed driver is guilty. These
corporations act as "privateers": pirates robbing citizens with
the government's consent and for a cut of the fine. These companies
are the sole source of evidence in automated enforcement cases:
right or wrong, their determination of guilt is rubber-stamped by
most traffic courts without further review.
Drivers With No Front Plates Are Never Cited
I believe automated enforcement is unfair because it only
targets honest drivers. Section 5200(a) of the California
Vehicle Code requires that every car have a front license plate.
Honest drivers have front plates and are fully subject to automated
enforcement and the highest red light fine in the United States
at $346. These honest drivers are also subject to a conviction point
on their DMV record and a hefty insurance increase for a least three
years.
Drivers who illegally remove their front plate are not subject
to automated enforcement at all, since their vehicle cannot be identified.
At worst, they might get $10 fix-it ticket. Is this fair? A dishonest
person can easily avoid automated enforcement entirely by removing
their front plate. A dishonest driver can also freely run red lights
at camera-enforced intersections, secure in the knowledge that traffic
cops have been reassigned elsewhere.
Drivers Who Block Their Face Are Never Cited
A driver who obscures his face while transiting an intersection
is also not subject to automated enforcement. Without a clear photograph
of the driver, no citation can be issued The California Vehicle
Code (CVC Section 210) requires a "clear photograph of a vehicle's
license plate and the driver of the vehicle" for an automated enforcement
citation to be issued.
Again, a dishonest driver can totally avoid automated enforcement
by placing his hand over his face or by flipping down his visor
while running a red light at an intersection with automated enforcement.
Truly dangerous driver can more easily run lights under these circumstances,
knowing that they are immune to enforcement.
Drivers Who Perjure Themselves Are Usually Not
Convicted
I never advise anyone to deny receiving his or her automated citation
in the mail. No where on my web site is anyone encouraged to perjure
themselves in any way. However, it is true that a person who lies
and denies that they were the photographed driver typically has
his citation dismissed. In this way those willing to perjure themselves
are off the hook, and those honest souls who admit to being the
driver pay a $346 fine and receive a point on their driving record.
Is this fair? Does this improve traffic safety?
The State Legislature Triples the Red Light Fine For Honest
Drivers
In 1996, California's first automated red light cameras were installed
in San Francisco. At the time, the fine for running a red light
was $104. The corporation that leased these cameras to the city
got to keep $17.50 for every person cited. This would be enough
to keep the system profitable if every photographed motorist paid
up.
Unfortunately for the city and its corporate partners, only about
a third of the motorists photographed could be identified and cited
due to blurry photos, missing front plates and obscured faces. As
a result, they were only collecting a third of the expected revenue
needed to keep this system profitable.
One of the two contractors involved in San Francisco's pilot program,
Electronic Data Systems, withdrew from the program after six months
citing the financial shortfall. The city's other corporate partner,
U. S. Public Technologies (now owned by Lockheed Martin) hung tough,
helping the city lobby the state legislature to deliver them from
this revenue deficit. San Francisco had paid $30,000 per intersection
to have the initial cameras installed. They did not intend on surrendering
this investment without a fight. Led by San Francisco representatives,
the state legislature rode to the rescue.
"California's pre-existing fine structure was not adequate to
make red light photo enforcement self-financing. This is important
to local governments who support the program in principle, but
are not willing to sacrifice funding for other programs to fund
photo enforcement. The legislature addressed this by passing Assembly
Bill (AB) 1191 (Shelley), in 1997, raising the fine from $104
to $346 for running red lights. This bill also changed the formula
for distributing the fine revenues so local agencies now receive
about $148 from each fully paid citation. This was essential for
the survival of red light photo enforcement in California."
— "How Can We Make Red Light
Runners Stop?" by Jack Lucero and Bridget Smith, Westernite,
November-December 1998, Vol. 52 No. 6
In 1998, the fine for running a red light was tripled to $346.
This "enhanced" fine would net $70 per ticket for Lockheed Martin,
and $78 for the city hosting the system. Automated enforcement
was no more efficient but it was now profitable. This
increased fine and bonus payment of $78 for the city has led to
the rapid expansion of automated enforcement across our state.
Since only one in three drivers photographed are eventually cited
under automated enforcement, this one honest motorist is, in essence,
being forced to pay for all three. Guilty or not, it is unfair that
the one honest driver must pay $346 while the two dishonest ones,
lacking front plates or willing to perjure themselves, laugh and
pay nothing.
Big Brother's Tactics Are Not Subject To Public
Scrutiny
Lockheed Martin was careful to avoid the most unsafe intersections
in its San Diego installation (nearly all in low-income areas) in
favor of intersections in higher income neighborhoods where profits
could be assured. Since the city government did not object to these
marketing tactics, we can assume they might concur with other possible
profit-enhancing measures by Lockheed Martin, such as decreasing
the length of the yellow lights at monitored intersections in order
to increase violations. With no public scrutiny, Lockheed Martin
may already be manipulating the timing of the intersections they
control to maximize profits. This would not come as a surprise since
the city has already given Lockheed Martin free reign to find you
guilty, which is the only verdict that profits both the city and
its corporate partner.
The corporations and cities that sponsor automated enforcement
programs expect and need drivers to continue running red lights
to keep the program profitable. It seems perverse that a system
marketed to improve traffic safety, can only survive if it does
not succeed.
If automated enforcement were truly capable of stopping drivers
from running red lights, it would soon do so and become unprofitable.
Does anyone honestly believe that private corporations are investing
millions of dollars in a system whose success will soon render it
obsolete?
Examples of completed written declarations for contesting Automated
Enforcement tickets by Written Declaration are available in the members-only
shareware section. |