Red light for red light cameras?
I received an interesting call from a reader this week who informed me that an Orange County Superior Court judge has ruled against the city of Fullerton's ability to issue photo enforcement tickets for red light violations.
The problem, in the view of Commissioner Allen Kelley Stone, was that Fullerton's contract with Nestor Traffic Systems contains a provision to renegotiate the fee that the city pays to Nestor for operating the cameras.
San Bernardino also contracts with Nestor. It's not yet clear if Stone's ruling will have any repercussions here, but the legal issues are interesting.
Stone wrote that "the provision that fees could be renegotiated 'down' if it is determined fees paid to NTS exceed 'net program revenues being realized,' indirectly ties fees to NTS to the amount of revenue generated from the program. If insufficient revenue is generated to cover the monthly fee, the fee could be 'negotiated down.' As such, NTS has an incentive to ensure sufficient revenues are generated to cover the monthly fee."
California law prohibits cities from signing pay-per-ticket contracts. Fullerton Police Lt. Kevin Hamilton oversees traffic enforcement in that city and said the renegotiation clause was never exercised.
"We were in compliance," Hamilton said.
For the time being, Orange County courts will not uphold photo enforcement tickets issued in Fullerton, Hamilton said. He said Stone's ruling may be appealed and that Fullerton's city attorney is slated to meet with Nestor's counsel to renegotiate the deal.
I have yet to confirm whether San Bernardino's contract has the same provision that Stone objected to in Orange County. If the clause is there, Stone's ruling would not force San Bernardino to stop issuing photo enforcement tickets since San Bernardino is not in Orange County.
Whether or not a similar case in San Bernardino County will result in a similar ruling or whether officials' expectation of a similar case leads them to alter policies remains to be seen.
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Andrew Edwards. E-mail Andrew here.
Are the red light cameras really there to improve safety? The newly installed cameras at University Parkway and Kendall Ave are now operating and are nearing the end of the 30 day “grace period”. Very soon, that bright flash of the strobe light will mean big money for the city based on the amount of time it fires during this grace period. However, is it best for the city, for the commuters who traffic this very busy intersection?
Just the other day I was waiting at this intersection for the light to turn green and traffic to proceed in the direction I was heading. The light was green for traffic coming towards me. However, this opposing light turned to yellow and the small red car approaching the intersection saw the light change and performed a panic stop sliding to a stop through the crosswalk. The driver was clearly rattled, all the belongings that were in the backseat were now on the dashboard and on or around the driver. Had there been another vehicle spaced behind this small car as traffic normally spaces itself, there would have been a violent crash, with probable injuries. The driver was no doubt afraid of the intersection and the fine ($450) associated with the cameras. Had the camera system not been installed, this driver I assume would have safely proceeded through the intersection before the light turned red.
In an effort to wrangle money form the citizens of SB, has the City Council created a growing monster that gets bigger with each new camera light system? The City has said most of the money made from these cameras is generated from right turns. However, is it worth one major accident that is now poised to happen due to fear overcoming common sense due to the fines associated with these cameras? It would be interesting to hear from the City Attorney’s office on the City’s liability if/when a bad accident is caused due to a repeat of what I witnessed with this little red car and the panic stop.
Lastly, if these camera lights were installed to improve intersection safety, I feel the public should be able to review the official records of the number of vehicle accidents at these intersections 6 to 8 months before the cameras were installed and afterwards. If the City Council had the cameras installed as a way to milk money from the citizens who traffic these intersections then I for one suggest they reconsider their actions and reassess their true worth. It looks like a big game of roulette is now being played at these intersections and the risks are very high. An exorbitant fine of $450 or the chance of being involved in a major accident all due to these cameras. 15 years ago this intersection was one of the most deadly in all of SB. Very bad accidents were common place almost each day. However, a complete redesign of the intersection, better traffic lights, turn lanes and crosswalks have resulted in a much safer intersection. The camera system at this intersection is NOT needed and should be reevaluated due to the risk factor they now present to the general public that utilizes this intersection. Records show the Councilman for the 5th Ward where this camera is located voted "NO" on this system. Are the other Council members asleep at the wheel here? Your return on the investment made to date is not worth the risk.