Legislative News

(Steve Note:  I am a FL NMA member.  I wanted to share this with you all).

NMA Florida Alert: Bills Need Your Support
Dear Florida Member,
 

The Florida state legislature resumes its business this week and will likely take up several critical measures affecting motorists’ rights.

House Bill 4177 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h4177__.docx&DocumentType=Bill&BillNumber=4177&Session=2012 and Senate Bill 1542 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s1542__.DOCX&DocumentType=Bill&BillNumber=1542&Session=2012, are companion proposals http://www.landlinemag.com/todays_news/Daily/2012/Jan12/010212/010512-05.shtml to end the use of red-light cameras in the state. The House version has been referred to the Economic Affairs Committee. A similar proposal passed the House in 2011 but died in the Senate.

Red-light cameras have spread across Florida and have proven problematic http://www.news-journalonline.com/columns/footnote/2011/09/16/red-light-cameras-legal-snags.html for the communities that rely on them. Red-light camera programs put revenue generation before public safety, to the detriment of motorists. It’s time to take the profit motive out of traffic enforcement by banning red-light cameras in Florida.

Another proposal known as the Motorist Rights Restoration Act (House Bill 343 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0343__.docx&DocumentType=Bill&BillNumber=0343&Session=2012 and Senate Bill 568 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0568__.DOCX&DocumentType=Bill&BillNumber=0568&Session=2012) does not ban red-light cameras outright but seeks to strengthen due-process rights for those accused of red-light camera violations. A summary of key provisions follows:
 
• Requires that cameras receive routine testing for accuracy by a third party.
• Burden of proof rests with the government
• Person charged doesn’t have to testify against himself or herself and has the right to confront witnesses.
• Evidence produced by a device must be authenticated in court by live witnesses and be accounted for along the entire chain of custody.
• The person charged can immediately request a hearing without further issuance of a traffic citation.
 
Short of a full camera ban, this act will at least help to curb the inevitable abuses that occur when government agencies focus more on revenue generation than on protecting citizens’ rights. We support this legislation and encourage you to as well.

House Bill 33 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0033__.docx&DocumentType=Bill&BillNumber=0033&Session=2012 and Senate Bill 590 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0590__.DOCX&DocumentType=Bill&BillNumber=0590&Session=2012 would require yellow-light times be set based on approach speed, not posted speed, in accordance with guidelines set by the Institute of Transportation Engineers. Properly set yellow-light timing http://www.shortyellowlights.com/ has been shown to significantly reduce accidents and violations and is a cost-effective alternative to red-light cameras.

Passage of any of these bills would be a step in the right direction for Florida drivers. Contact your House http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and Senate http://www.flsenate.gov/Senators/ members to let them know you support motorists’ rights.

John Bowman
National Motorists Association

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