Hay: Arnold's Red-Light Cameras Violate State Law
Former councilman and founder of an anti-red-light camera system website says Arnold ordinance does not report violators to Department of Revenue.
Matt Hay, founder of an anti-red-light-camera website and former Arnold councilman, said the city overstated the safety impact of its red-light system, and the system violates Missouri law.
Members of the Constitution Party in Arnold invited Hay to speak at the group’s March 16 meeting at the Jefferson Public Library’s Arnold Branch. Hay served as a councilman from 2007 to 2009 and manages wrongonred.com.
March 8, at a separate City Hall forum, city officials and American Traffic Solutions (ATS) spokesmen said the cameras have made intersections safer and provided Arnold Police Department data showing a decline in severe accidents at intersections with the camera systems.
ATS is the Arizona-based company that installed and manages the camera systems in Arnold.
At the party meeting, Hay said severe accidents are rare at those intersections and statistical changes were insignificant. The number of wrecks, a larger set of figures, increased, he said.
Hay and the City of Arnold used different data sets for analysis. The city used data collected by its police department. Hay used data from a Missouri Department of Transportation (MoDOT) study that evaluated information at 55 Missouri intersections with red-light cameras. A MoDOT press release said the study measured three types of car wreck data--total crashes, severe crashes and right-angle severe crashes.
The city’s data showed a decline—to 4.8, from 2006 to 2010, from 12.3 in 2002-2004—in the yearly average of injury wrecks inside Arnold intersections with the camera systems, according to a St. Louis Suburban Journals article. MoDOT data showed an increase to nine wrecks in 2009 from six incidents in 2006.
The state agency reported that severe crashes decreased by 45 percent, while total accidents increased 14 percent.
Arnold Police Chief Robert Shockey said the numbers for Arnold were wrong because MoDOT counted wrecks 133 feet from the intersections. Arnold police counted wrecks within 50 feet of the intersection.
Hay said he obtained the MoDOT study and it showed that the decrease represented a net change of three accidents.
It is difficult to know whether the cameras had an impact statewide, Hay said.
Lillian Knibb, a 20-year resident of Arnold , agreed with Hay and said the cameras were more about raising revenues than improving safety.
“I was just totally appalled by this. It is just all about the almighty dollar,” Knibb said.
The city’s net from paid fines rose to $368,176, last year, from $184,786 in 2006, according to a St. Louis Suburban Journals article.
The constitutionality of red-light cameras is unclear, Hay said.
At the March 8 forum, City Attorney Bob Sweeney cited a U.S. Court of Appeals judge who struck down complaints against the systems in a 2009 decision. Sweeney also stated that the Arnold tickets issued are civil instead of criminal violations.
In criminal cases, the state must prove that the person accused committed the crime. Civil cases have a different burden of proof.
Arnold’s red-light cameras cannot conclusively prove a driver’s identity during the violation, Hay said. The systems take photos of the rear license plate instead of the car’s front-end and the driver.
“The City of Arnold says the burden is not on us to prove you were the actor that caused that object to run the red light,” Hay said. “You have to prove you weren’t.”
Hay said another legal issue is whether the City of Arnold must report red-light violators to the Missouri Department of Revenue.
According to Hay, state law requires a two-point assessment on drivers convicted of a moving violation. Arnold’s ordinance does not require the two-point penalty.
The city’s ordinance contradicts state law, Hay said. “The only way to change this is to elect local representatives who will take these cameras down.”
Brian
11:19 pm on Thursday, March 24, 2011
In the March 17, 2011 issue of the Leader, Arnold Police Chief Bob Shockey contends that his department lacks the manpower to police the three intersections in town that have the red light cameras. He is quoted as saying, “We have six or seven officers on a shift, if no one’s on vacation.” The implication is that his officers have better places to expend their time and effort.
Yet on March 23rd, I witnessed five Arnold Police cars simultaneously patrolling I-55 North beyond the exit to Highway 141. Three of the vehicles were parked in a pack off the right shoulder and two others had a motorist stopped just south of Meramec Bottom Road. Obviously the intent is to enforce speed limits and traffic laws, which is understandable. But isn’t this the exact waste of manpower that Chief Shockey contends his department can’t afford. By his own admission, that would leave one or two officers on duty inside city limits - if no one is currently on vacation and if none of the patrol cars on the interstate carried multiple officers.
If the staff under Chief Shockey is too busy to police intersections within city limits that he himself deems dangerous, but can still put nearly all of its manpower out to patrol the interstate, then that tells me they need to re-evaluate their priorities.
Dave
6:14 am on Friday, March 25, 2011
Many times the traffic enforcement along 55 is paid for by state or federal grant money.
Bill Moritz
9:13 am on Friday, March 25, 2011
When you see a group of Arnold Police Department officers on the Interstate like that, they are generally on overtime enforcing the speed limit there and it is considered secondary duty. That overtime is paid for by Federal or State Grants as Dave mentioned. The regular shift of officers are still on primary duty patrolling the city. This explanation is easily verified if you want to call and speak with Chief Shockey or a shift supervisor. The APD phone number is 296-2222.
Brian
10:00 am on Friday, March 25, 2011
So we are short the funding to properly patrol dangerous areas within the city because our state and Federal tax dollars (when granted back to us) dictate that the interstate is a higher priority.
Bill Moritz
11:03 am on Friday, March 25, 2011
That's sure a stretch wouldn't you think?
Brian
12:26 pm on Friday, March 25, 2011
What I think is that the red light camera system is a tool designed less in the interest of public safety and more useful as a driver of the profits of ATS and additional city revenues. What I know is that a police officer in a vehicle at these dangerous intersections is a far greater deterrent to running the red lights. Yet we lack the funds to pursue the better solution.
Bill Moritz
1:23 pm on Friday, March 25, 2011
Brian that is a very respectable position. At least it is an opinion of what you feel rather than claiming the use of the cameras is unconstitutional and deprives people of rights as Mr Hay and his followers claim.
Kevin
1:15 am on Sunday, March 27, 2011
Let me ask you a question Mr Moritz. Do you even care one bit what your constituents want, or are you more interested in the revenue generated? Would you be in favor of a gps chip being installed in everyones car and when the speed limit is exceeded a ticket is sent to the owner of the car? After all, speeding is a safety issue. How come red-light violations in Arnold have gone from just over 5,000 in 2006 to over 9,400 in 2010? ATS rep at the town hall meeting said as awareness of red-light cameras increase, violations will decrease. Why are they not decreasing. Hire a police officer and let him patrol the most dangerous intersections during the busiest times of the day and he will more than pay for himself with revenue he generates from catching red-light runners. and you will see real reduction in accidents and not a false sense of safety.
Chuck Banks
8:29 am on Monday, March 28, 2011
The facts are clear, technology works. Just because you don't get caught doesn't mean you aren't breaking the law. Cameras are the way of the future, they save money and they provide irrefutable evidence of violations. Just like the cameras in a bank or a convience store. NO COST TO THE TAX PAYER, AND THEY WORK! DUH!
Brian
10:45 am on Monday, March 28, 2011
@ Mr. Banks: Stating that the red light cameras "work" depends on what the goal is. If the goal is to issue civil violations for a traffic offense in order to increase the profits of ATS and revenues of the city, then you are correct. If the goal is to increase public safety, then the technology should be instrumental in decreasing the number of red light violations within their intersections. Yet the city's own statistics show that more violations were ticketed in 2010 than any other year that the cameras have been in use and there has never been a yearly decline in total violations. Therefore, from a public safety perspective, the technology is failing. The cameras are not changing driver behavior. It takes a police presence to do that.
Bill Moritz
12:38 pm on Monday, March 28, 2011
I believe that in a controlled environment where the same number of vehicles pass through an intersection every year and in the same manner with no other changes, I would suggest that you may be onto something. I would suggest, though, that on the surface of it there may be another explanation, or more than one. Would you agree with me that there are likely more cars passing through the noted intersections in 2011 than in 2006, the first full year of operation? I have no idea what that number may be but suggest you cannot draw a conclusion from just one set of data points without know the rest.
Brian
1:37 pm on Monday, March 28, 2011
If the number of violations rises in correlation to the amount of cars using the intersection, then the technology is still having zero effect on public safety. It is not deterring anything, just maintaining the status quo. The most desired result in this case is a reduction in vehicles running the red lights until that number approaches or acheives zero. The cameras are not demonstrating the capacity to reach this goal.