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1 Traffic Cameras: as Capturing Violations o or Violating What They Capture? National Conference of State Legislators (NCSL) Fall Forum San Diego, California December 11, 2009

2 Who We Are and Why We Established in Million Members Nationally 6 Million Members in 13 counties in Southern California Operate AAA Clubs in 15 states (10 million members) Care

3 Our Guiding Principle Introduction of new technologies and practices to improve traffic safety are usually more effective, successful, and receive public acceptance if the effort is focused on measurable improvements to real and measurable traffic safety problems, and include adequate safeguards to prevent potential abuse

4 California s Experience

5 California Assembly Bill 1022 No relation between the number of citations and the financial compensation of the private vendor Selection of locations should be based on real and quantifiable needs Comprehensive public information and education Cameras must be considered as moving violations and issued to the driver who committed the infraction and not the registered owner Citations must be reviewed by a qualified law enforcement officer and processed and mailed within a reasonable amount of time Adequate signage Traps must be avoided A uniform and adequate yellow phase timing Authorization for location selection and installation of red light cameras be done by an elected legislative body pursuant to a legally advertised public hearing

6 Speed Limit Enforcement

7 Automated Speed Enforcement

8 Arizona s Experience

9 Intricacies of Traffic Laws in California i A red light violation is a per se violation Per se equates to as a matter of law. As a matter of law it is illegal to run a red light under any circumstance. Speed law violations are, on the other hand, usually prima facie violations. "Prima facie" means "at first sight, or upon first appearance but subject to further evidence.

10 San Jose s NASCOP

11 Recent Legislative Proposals in California for Automated Speed Enforcement AB 987 (Ma) 2009 (this bill is still eligible to move in 2010) SB 1325 (Kuehl) 2008 (did not pass) SB 466 (Kuehl) 2005 (did not pass)

12 Fundamentals of Speed Zoning Driving behavior is an extension of social attitude. The majority of drivers operate their vehicles in a safe and reasonable manner as demonstrated by their consistently favorable driving records. The normally careful and competent actions of a reasonable person should be considered legal, especially when it has not resulted in endangerment of safety of other persons or property. Laws cannot be effectively enforced without y consent and voluntary compliance of public majority.

13 Speed Trap Law (CVC Section 40802)

14 Background The Policy on Speed Limit before 2004 (Traffic Manual) The speed limit normally should be established at the first five mile per hour increment below the 85th percentile speed. However, in matching existing conditions with the traffic safety needs of the community, engineering judgment may indicate the need of further reduction of five miles per hour, as authorized and regulated by the California Vehicle Code (CVC Section ).

15 Current CA MUTCD Policy on Speed Limit (after 2004): Guidance: When a speed limit is to be posted, it should be established at the nearest 10 km/h (5 mph) increment of the 85th-percentile speed of free-flowing traffic. Option: The posted speed may be reduced by 10 km/h (5 mph) from the nearest 10 km/h or 5 mph increment of the 85th-percentile speed, where engineering g study indicates the need for reduction in speed to match existing conditions with the traffic safety needs of the community.

16 What Needs to be Included in a Pilot Program Relatively small and limited geographic test area Limited time with full evaluation at the end with option to terminate Photograph of the driver must be required Radar unit should be staffed at all times during enforcement by a law enforcement officer Statement from the citing office describing why speed was unsafe Not more than one unit should be operated on any street at one time The mobile unit should be clearly and distinctively marked Adequate warning to motorists Public Education/Outreach Campaign Enforcement should be limited to residential areas and school zones with a prima facie speed limit of 25 mph Citations ti must be mailed to the alleged offender within 10 working days of the violation Same safeguards relating to the use of a vendor contained in red light camera laws

17 Guiding Principles Photo radar systems, without appropriate p safeguards, are highly susceptible to misuse and abuse. It is important that traffic safety and law enforcement tools be understood by and accepted by the public. The goal of a good traffic law or any enforcement activity is to promote traffic safety and not to outlaw prudent driving behavior or raise revenue in the name of traffic safety.

18 Hamid Bahadori Auto Club of Southern California Public Affairs 3333 Fairview Rd. A-131 Costa Mesa, Ca (714)

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