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www.thenewspaper.com/news/25/2544.asp

9/23/2008
Tennessee Policy Analysis Challenges Red Light Cameras
Tennessee Center for Policy Research paper determines red light cameras
more effective at increasing revenue than safety.

The Tennessee Center for Policy Research issued a policy paper yesterday
questioning the motivation of cities that use red light cameras. The
center describes itself as a non-profit group dedicated to promoting
free market solutions to public policy issues. Analysts at the center
examined eight photo enforcement programs in the Volunteer State with an
eye toward revenue, safety and legality. The researchers determined this
particular free market solution was not worth adopting.

"The argument that red light cameras increase safety is preposterous,"
report co-author Justin Owen said in a statement. "The only thing that
increases is the amount of money going from the pockets of drivers into
the pockets of the cities and the red light camera companies."

The report found that between 45 and 85 percent of the revenue from each
photo ticket goes to a private, for-profit company located either in the
US, Australia or Germany. Kingsport, for example, collected $342,150
from traffic tickets, parking fines and code enforcement in 2006. The
following year, the city installed red light cameras and increased this
amount to a staggering $1,529,823. Australia's Redflex pocketed $45,600
out of the first $57,000 in tickets collected, and all revenue above
this amount was split 50-50 between the city and Redflex.

The report's authors obtained data from the city of Chattanooga and
determined that accidents increased at some intersections and declined
at others between January 2006 and 2008. The authors contend that this
shows photo enforcement systems deliver no demonstrable safety benefit.
Instead, the report showed that cities have ignored proven engineering
alternatives such as increasing the duration of the yellow period at
traffic lights beyond the ITE's bare minimum standard. In at least one
case, Chattanooga was caught using yellows so short that they violated
the law and forced a judge to order $8800 in refunds.

The analysts also questioned the practice of treating a red light camera
citation as a civil, not criminal matter. The primary purpose of a civil
fine, such as a building code or zoning violation, is to remedy an
existing condition or deter ongoing conduct. This contrasts with a
criminal fine designed to punish past conduct. Under this construction,
red light camera tickets are classified improperly.

"Once the light has been run, the specific violation itself cannot be
remedied," the report stated. "This corroborates the notion that,
although cities deem these fines to be civil, they are actually
punitive, and additional constitutional protections should apply."

The specific protection cities seek to avoid by improperly adopting
civil procedures, the authors say, is the presumption that the accused
is innocent unless proved otherwise. By side-stepping the criminal
process, cities can impose fines without establishing guilt beyond a
reasonable doubt.

Source: PDF File Red Light Cameras in the Volunteer State: Unsafe,
Unconstitutional, and Unnecessary (Tennessee Center for Policy Research,
9/23/2008)
http://www.thenewspaper.com/rlc/docs/2008/tn-rlcpolicy.pdf
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