Red Light Camera News CBS Atlanta EXCLUSIVE: Investigation finds Atlanta breaking red light camera law
EXCLUSIVE: Investigation finds Atlanta breaking red light camera law
Posted: Nov 21, 2011 12:09 PM EST
Updated: Nov 21, 2011 10:45 PM EST
By Jeff Chirico - email
ATLANTA (CBS ATLANTA) - An exclusive CBS Atlanta investigation exposed the City of Atlanta for not properly notifying alleged violators caught by cameras while running red lights at seven different intersections.
According to House Bill 77 which became law on Dec. 31, 2008, cities using red light cameras to control traffic must send a second violation notice by certified mail with return receipt requested, if the person did not respond after the first notice. Not until the second notice is sent does the person become liable to pay the fine.
When a driver is caught running a red light by a camera it is considered a civil violation, like a parking ticket. In Atlanta, the fine is $70.
"We want to make sure before we go after someone for not paying that they actually did receive the citation and not just assume they're not paying," said State Sen. Barry Loudermilk of Bartow County.
Loudermilk introduced House Bill 77 when he was a state representative in 2008.
For months, CBS Atlanta asked for documents showing that the city sent notices by certified mail. Last week, Reese McCranie, spokesman for Atlanta Mayor Kasim Reed, confirmed the city had not sent the notices.
However, CBS Atlanta obtained documents that showed Atlanta Municipal Court sent 15,213 unpaid violations to collections agencies since the law went into effect.
"If that's the case, if they have not been sending them certified mail then it is in direct violation of state law," Sen. Loudermilk said.
Traffic law attorney Jackie Patterson said the City of Atlanta may be hurting the credit worthiness of thousands of drivers.
"When you get something that negatively effects your credit, that can last for a very long time," Patterson said.
He pointed out that it can affect a person's ability to buy a house or automobile and can impact the interest rates they can obtain.
"But more importantly, it should not be on your credit if it's not legally there," said Patterson.
In 2010, the City of Atlanta was fined for operating a red light camera without a state permit. The city paid $35,000 to the state of Georgia.
Loudermilk said the law allows for penalties if it is not followed. He said Atlanta's camera permits could be revoked and the city could be fined for all revenue it has generated while it was breaking the law.
"That's why we crafted the legislation the way we did so that the citizens also can hold the government accountable," Loudermilk said.
According to records, the city collected more than $1.5 million in fines generated by red light cameras in 2009 and 2010.
"When you've got government that is forcing law upon the citizens but not abiding by it itself, I think that is the greatest violation there is," Loudermilk said.
The City of Atlanta issued a statement that said, "the Department of Law is currently reviewing this matter. The City cannot comment until the Law Department's review is complete."
Loudermilk said the commissioner of the Department of Transportation is responsible for initiating an investigation if a person files a complaint about misuse of red light cameras in Georgia.
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