Red Light Camera News Red Light Bill Raises Questions
http://www.theledger.com/article/20100507/NEWS/5075051/1338?p=all&tc=pgall
Red Light Bill Raises Questions
By Jeremy Maready
THE LEDGER
Published: Friday, May 7, 2010 at 7:36 p.m.
Last Modified: Friday, May 7, 2010 at 7:36 p.m.
LAKELAND | A bill passed by the Legislature last week allowing the use of red-light cameras statewide raises more questions than it answers for Lakeland officials.
LAKELAND RED LIGHT CAMERASA bill authorizing the use of red light cameras awaits Gov. Charlie Crist's signature. If the bill becomes law, it will bring many changes to Lakeland's existing camera program. But what many of those changes entail remains unknown to city officials. It could take months before the state's Department of Transportation issues guidelines regulating the cameras for Florida's municipalities. Here are some figures from the city's red light camera program since it went online June 1.
26,842
Number of citations issued through Tuesday, May 4
$3,355,250
Amount drivers have been billed in red light violations
$2,185,947
Amount city has collected
$1,667,445 City's portion
$512,555 ATS's portion
IF BILL BECOMES LAW
$125 to $158
Fines will be raised $33 per ticket
$75
The city's portion
$83
The state's portion
The state's take will be divided among the Departmet of Revenue's general fund, the Department of Health Administrative Trust Fund and the Brain and Spinal Cord Injury Trust Fund.
While the bill awaits Gov. Charlie Crist's signature, city officials are evaluating what impact the anticipated law would have on its red light program.
Crist's decision is expected by May 15.
"There's a lot of things that aren't clear and leave a lot open to interpretation," said city spokesman Kevin Cook. "We will need FDOT (Florida Department of Transportation) to determine that for us."
Nine cameras at five intersections throughout the city were put online June 1. Since then, the cameras have become cash cows.
Through Tuesday, 26,842 citations had been issued. In that time, drivers had been cited for nearly $3.35 million in red light violations, and the city had collected more than $2.18 million of that, according to city records. From those funds, the city's share was $1.67 million and ATS received $512,555 from the red light violations.
One of the main issues to be determined is what would happen to drivers who turn right on red without stopping properly, which contributes to the majority of violations.
The camera bill allows violations to be given only if the turn is done in a "reckless and dangerous manner," Cook said.
(Ban the Cams note: This is where you will find the Scamera CO. eventually IGNORE THE LAW. IN MD ACS has ignored the law on per ticket fees, anyone have any bet which SCAMERA company will "interpet" the law so they won't lose money???? Best odds on ACS and Redflex). http://www.washingtontimes.com/news/2010/apr/21/setbacks-for-speed-cameras/ . Quote: Despite this prohibition, the private firm Affiliated Computer Services (ACS) began issuing $40 speed-camera tickets in Bowie on Monday. According to city documents, ACS will pocket $16.25 for each ticket issued. Bowie and the other jurisdictions that ignore the same law defend the practice with a disingenuous "it depends on what the word 'operate' means" defense. )
"That's the grayest area of the bill," said David Shepp, the city's lobbyist. "It's really going to be up to the law enforcement officers to determine if it is a violation."
The city is also working with Arizona-based American Traffic Solutions, which owns and operates the cameras in the city, to determine what changes need to be made to the city's contract with the company to comply with the state regulations.
With the new legislation, camera vendors like ATS would no longer be allowed to receive a per-ticket fee. Instead, camera vendors would receive a flat fee for their services.
What those charges would be has yet to be determined by city and company officials. There are no guidelines in the bill to regulate the fees.
And while the camera bill allows the use of cameras statewide, the city is also waiting to hear what guidelines the FDOT creates for camera use on state roads.
Those state guidelines are due by Dec. 31 and will determine how cities will be able to place additional cameras on state roads where they weren't allowed before.
The guidelines will also provide some clarification about the bill's ambiguities, Cook said.
However, a few things are certain if the bill becomes law.
Lakeland's fines will increase from $125 to $158.
The city will get $75 from each fine, and the state will get the remaining $83, to be divided among the Department of Revenue's general fund, the Department of Health Administrative Trust Fund and the Brain and Spinal Cord Injury Trust Fund.
The city will be required to pay the state its portion of the fees on a weekly basis.
The changes take effect July 1.
When it comes to reviewing possible infractions, Lakeland police will remain the watchdogs and in charge of reviewing the potential violations.
One change unique to Lakeland would be the eventual disbanding of the city's red light camera customer service center.
The center was created to help answer questions about red light violations. It is funded by the fines the cameras generate.
The bill also makes changes in the way violators are notified and can respond, Cook said.
Drivers who are caught by a camera running a red light will receive a notice by first-class mail within 30 days of the violation. If the citation has not been paid within 30 days after the initial mailing, a Uniform Traffic Citation will be issued.
The uniform citation will be sent by certified mail and a return receipt is not required.
Delivery of the uniform citation constitutes notification, Cook said.
Challenges will be heard in county traffic court rather than at the city's code enforcement hearings, Cook said.
However, the violations will remain a civil infraction and no points will be posted on a driving record if caught.
This legislation comes after nearly five years of debate among lawmakers, said Shepp, Lakeland's lobbyist.
The Mark Wandall Traffic Safety Act, named after the Bradenton man killed by a red light runner in 2003, was a compromise between local and state officials who have squabbled for years about who would get the camera fees.
Local governments agreed to share the fees with the state if the state agreed to allow camera use on state roads, which could bring more cameras to Polk, Shepp said.
The City Commission would have to approve any cameras added after the bill, were it to become a law.
"No one has discussed any new cameras at this point," Cook said.
But city officials have said the cameras are not at the most dangerous intersections, which are on state roads where cameras were previously not allowed.
If new cameras are added, city officials would most likely evaluate South Florida Avenue and both the North and South Frontage roads, the southbound lanes of North Florida Avenue at Memorial Boulevard, along with Main Street at Massachusetts Avenue.
(Ban the Cams note: I believe these two Frontage roads parallel the Polk Parkway, if so THEY ARE RIGHT NEXT TO A OUTDOOR MALL. THAT IS WHY THEY WANT THEM THERE! Not saftey, HIGH VOLUME TRAFFIC!)
Any new additions wouldn't come until state DOT officials provide guidelines.
Once those guidelines are set, municipalities around the state have until July 1, 2011, to comply, Cook said.
The city also faces several lawsuits over the red light cameras and what would happen to them if the bill becomes law is also in question.
"I don't have a crystal ball. I don't know," Cook said. "We suspect a majority (of those) will go away. But we don't know."
[ Jeremy Maready can be reached at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
or 863-802-7592. ]
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