Red Light Camera News Daytona Beach, FL IGNORING MARK WANDALL SCAMERA ACT on "per ticket fees".
Daytona Beach, FL IGNORING MARK WANDALL SCAMERA ACT on "per ticket fees".
(Also Police Chief Chitwood dreams of speed Scameras too, but nothing at this time. Might make Bike Week want to find a new place to go to in the future!)
Quote: "A clause in the contract says if the city collects less than $4,600 per camera per month, the city will only have to pay the amount of money that does come in, Goldberg said."
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=42624
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0325e1.docx&DocumentType=Bill&BillNumber=0325&Session=2010
ON PAGE ONE of that SCAMERA BILL:
Line 22 thru 28
collection of penalties; providing for distribution of
penalties collected; providing that an individual may not
receive a commission or per-ticket fee from any revenue
collected from violations detected through the use of a
traffic infraction detector and a manufacturer or vendor
may not receive a fee or remuneration based upon the
number of citations issued providing for
issuance, disposition, and enforcement of citations;
Based on the above quote from the SCAM Bill 325 per ticket fees are ILLGEGAL.
Yet that is what this Daytona RLC is doing. If Daytona doesn't write enough RLC tickets, they pay less.
Such arrangements are called "cost neutrality" and in many courts in CA have been found to be a per ticket fee in disguise.
See:
http://www.thenewspaper.com/news/32/3249.asp California: Red Light Camera Programs Face Class Action Suit
http://www.thenewspaper.com/news/29/2918.asp California: Another Appellate Court Strikes Down Cost Neutrality
Quote: California law explicitly bans local jurisdictions from rewarding red light camera companies with payments based on the number of citations issued or as a percentage of fines generated. At least fifty cities have attempted to skirt this requirement with a clever arrangement known as cost neutrality. These contract provisions allow a city to pay the contractor based on the number of citations issued up to a certain monthly amount. After this cap is reached, the city keeps all of the revenue generated. The provisions are designed to ensure that cities can only profit from photo ticketing and will never pay to operate the program.
Yet it is what Daytona Beach is doing! Breaking the law themeselves!
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