Don't look now, but here they come again.....

[hikeaz]

Photo Enforcement Industry Dream Bill Introduced In Arizona

Posted: 20 Jan 2016 12:30 AM PST

A group of eleven Arizona state lawmakers wants to see a dramatic expansion in the use of photo radar, school bus cameras and red light cameras. The mostly Republican representatives introduced a measure that checks off just about every policy initiative on the photo enforcement industry wish list. It begins by renaming photo enforcement systems as "automated traffic safety devices" within the state code. It then deletes the legal provision the photo ticketing industry hates more than any other -- the personal service requirement.

Current law explicitly states that no individual who receives a ticket in the mail has a duty to respond. A jurisdiction that wants to enforce a photo radar ticket must serve notice in accordance with court procedures. As a result, many residents have taken to dodging process servers to avoid paying citations. Even executives from the photo enforcement industry have been caught exercising this legal provision.

If the Group of Eleven bill becomes law, citations could be sent by ordinary first class mail to vehicle owners, who would be held liable even if they never receive the citation or if they were not driving. Existing law requires the private companies that operate the automated ticketing machines make a positive identification of the driver. This results in thousands of tickets being thrown out when the driver is not visible in the violation photograph. (Yeah, let's avoid that pesky notion that we know who is really driving - it really digs into those profits)

Photo fines under the new bill range from $150 to $750 each, with amounts increasing each year with the inflation rate. The bill splits the net profit evenly, with half going to the state and half going to the city or county where the camera is installed.

The bill states that ticket recipients are "presumed to have committed a violation" (a.k.a. Presumed GUILTY - no pesky constitution can stand in OUR way) because they own a vehicle that was photographed. The only permissible defense is that a traffic signal malfunctioned and that malfunction happened to be visible in the photograph. Tickets could also be dismissed for motorists who were yielding to an ambulance or following the order of a police officer directing traffic -- but only if "the order or direction is observable on the recorded image." All photographs must be destroyed within ninety days of a case being closed to prevent audits such as the one in Baltimore, Maryland where image analysis confirmed that thousands of photo radar citations were issued to vehicles that were not speeding (Yep - we hate it when folks can use our erroneous photos to use AGAINST us). Finally, the measure authorizes the creation of school bus cameras.

The bill is sponsored by Bob Thorpe (R-Flagstaff), Mark A. Cardenas (D-Phoenix) and Regina Cobb (R-Kingman) along with cosponsors Brenda Barton (R-Payson), Paul Boyer (R-Phoenix), Heather Carter (R-Cave Creek), Mark Finchem (R-Tuscon), Vince Leach (R-Saddlebrooke), Javan D. Mesnard (R-Chandler), Lisa A. Otondo (D-Yuma) and Kelly Townsend (R-Mesa). Who are obviously being swayed by all the safety improvements that are in the bill...... oh wait...there ARE none. It is all about further eroding citizen's rights and COLLECTING MORE MONEY! A portion of which is funneled back to the folks that ram this crap through. - Like Stossel used to say "Give me a BREAK".

[azbackpackr]

What are the cameras for school buses? To catch drivers who pass the bus? Or are they the ones ON the bus? (I was a driver for many years.)

[hikeaz]

What are the cameras for school buses? 1) To catch drivers who pass the bus? Or (2) are they the ones ON the bus? (I was a driver for many years.)

#1

[big_load]

Speaking as a frequent car renter, you wouldn't believe how often I'm stuck with fines or tolls incurred by the person who rented a vehicle just before or after I had it. I'm not looking forward to what this change would add.

[CannondaleKid]

@hikeaz
I plan on contacting my representative directly about this.
What is the number of the specific bill?

Edit: Found it...
Full text of House Bill 2366

[CannondaleKid]

Just called my representative and was told "A press release has been issued to say the bill has been dropped."

(Of course this doesn't mean it won't be resurrected in the future)
:STP:

[hikeaz]

Arizona Representatives Backtrack On Support Of Photo Radar Expansion Bill

Posted: 22 Jan 2016 12:20 AM PST

Tea Party Republicans were surprised earlier this week to learn that Arizona candidates who ran on a "pro liberty" campaign platform just sponsored legislation to expand the use of red light cameras, speed cameras and school bus cameras (view bill). After public outrage manifested itself in the form of emails, phone calls and posts on social media platforms, a handful of the eleven lawmakers behind the measure attempted to publicly distance themselves from the pro-camera effort.

Even so, the bill's supporters have a track record of working behind the scenes to expand photo radar. State Representative Bob Thorpe (R-Flagstaff), the primary sponsor, told an American Traffic Solutions (ATS) lobbyist last March that he intended to address the industry's concerns with a bill removing the requirement that tickets go to the driver committing a violation rather than just to a vehicle's registered owner.

"I'm very interested in running a bill next year to place the citation on the vehicle," Thorpe said in a March 19 committee hearing.

ATS has been promoting that legislative change for years, as it would significantly reduce the cost of processing citations. Thorpe added that he was "impressed" after meeting with ATS officials. The company's lobbyist returned the compliment. (Quid pro quo)

"I have told members, if you care about your constituents, I think the political figure who takes that issue and runs with it will be rewarded by his constituents," ATS lobbyist Stan Barnes said. "I think you would be a hero for doing such a thing."

This week, however, the photo radar expansion bill's supporters became defensive. State Representative Kelly Townsend (R-Mesa) took to her Facebook page to distance herself from the pro-camera effort after being bombarded by complaints from constituents.

"Signed a bill just before the deadline," Townsend wrote. "It was not completely explained to me, and I misunderstood what it did. Glanced it over but should have waited. My own fault."

Except Townsend also has a record of backing red light cameras and speed cameras behind the scenes. In the Government and Higher Education Committee hearing last March, Townsend joined Thorpe in a 3 to 5 vote against a bill to ban automated ticketing machines. Had Thorpe and Townsend switched positions, the measure would have passed.

"Seeing the behavior change in the way people drive here in Arizona, it was clear that the cameras seem to be effective," Townsend said at the hearing. "I know my constituents don't want these. At this point I'm going to vote based off of what I'm seeing and what my conscience is telling me... I think that the benefits outweigh the things that we don't like about them. So for that reason I'm going to vote no."

This week, several members of the local Republican party complained about state Representative Mark Finchem's (R-Tucson) support for camera expansion just a few months after two-thirds of Tucson voters enacted a ballot initiative outlawing automated ticketing machines. Finchem responded defensively, saying he was just promoting "debate" on the issue. (Forked tongue)

"For the record, I have not received a dime from any safety camera manufacturer or service provider, (What about their lobbyists?) and I call on those who make the claim to impugn my record, the ethics I stand for, provide proof," state Representative Mark Finchem wrote.

Respondents pointed out that Finchem took public funding for his campaign, and the state Clean Elections Fund is bankrolled in part by a $16.50 contribution from each photo radar citation issued in the state. That amount would increase to up to $75 per ticket under the Gang of Eleven photo radar bill. In addition, both Finchem and Townsend pledged to oppose photo radar in the 2014 Campaign for Liberty candidate survey.

"Mark, if you say one thing then do another, do not be surprised if you're called on in public," one constituent, Scot McDougal, fired back at the representative. "You serve the public."

[big_load]

It's going to take a lot of garlic, wooden stakes, and silver bullets to fix this.