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Liberty and Justice News

Traffic Camera Legislation Promised, But Not Before April

The House sponsor of a proposal to regulate red-light traffic cameras made assurances this week that he’ll try to pass some form of the bill this year.

However, nobody should expect any legislative action for another six weeks, said Rep. Bill Harmon, D-Dunlap.

He made the announcement Tuesday as he asked the Public Safety Subcommittee to forward the current version of the bill to the full House Transportation Committee.

Harmon said he wants to sit on the bill until April 1 so that agencies and groups like the Department of Safety, Department of Transportation, the Municipal League, sheriff and police chief associations and traffic engineers can attempt reaching an agreement on a final version.

Whatever they come up with will be made available well enough in advance so lawmakers can study it before having to vote on the bill, said Harmon.

Harmon said if the group does not finalize recommendations by April 1, he’ll push all bills related to traffic cameras.

“If that’s not putting the pressure on, I don’t know what,” he continued. “I’m disappointed we can’t move this bill as-is, to be honest with you.”

Rep. Chad Faulkner, R-Luttrell, asked Harmon if he’s fully committed “to do something after April 1.”

“If I do not have something brought to this committee by April 1, I’ll be asking you pass the bill I had originally without their recommendations,” Harmon responded.

Under Harmon’s current proposal, no government would be allowed to enter into, or renew, a contract with a private red-light camera vendor for two years, except for the traffic camera on Hixson Pike in Chattanooga. In addition, fines for first time violators would be reduced from $50 to $10.

In the end, the legislation could hinge on a state attorney general’s opinion Rep. Tony Shipley, R-Kingsport has requested.

Among Shipley’s questions for the Tennessee Department of Justice:

  • Do alleged red-light violators have a right to confront their accusers, as guaranteed by the Sixth Amendment of the U.S. Constitution?
  • Do the camera systems replace the presumption of innocence with the presumption of guilt?
  • Do the systems create a lack of uniformity in traffic laws throughout the state, which could potentially create a lack of equal protection?

Shipley, who submitted the requested opinion on January 9, said he’s received no word as to when the opinion will be delivered.

A spokeswoman for the Attorney General Robert Cooper declined questions, saying all requested opinions are “confidential” until they are released on their web site.

Shipley, who said red-light camera systems are operating in his Kingsport-area district, indicated he’s neutral on whether or not they ought to be banned in Tennessee.

“I’m against them if they are unconstitutional,” he said. “Anecdotally, they have saved lives.”

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Liberty and Justice News

Seeking Consensus on Traffic Cameras

Instead of slamming the brakes on red-light traffic cameras, House Transportation Committee members have tentatively agreed to try and hash out a three-part proposal to guide and regulate their use instead.

The rough plan, which includes a series of studies and a possible moratorium on new red light cameras, would give lawmakers more tools – and time – to decide the ultimate role the new technology will play in Tennessee communities.

Still, a number of lawmakers haven’t backed off their basic objections with the red-light cameras, saying both that the photos they take subvert civil liberties and that the private camera-vendors collect too much profit off the issuance of violations.

But the hope is to approve one comprehensive plan and move it through the Legislature, according to Rep. Bill Harmon, D-Dunlap, who chairs the committee.

The panel batted around ideas Wednesday, including a plan by Maryville Republican Rep. Joe McCord to shuffle profits from citations to drivers education or trauma services statewide.

McCord, a vocal opponent of red light cameras, introduced legislation last year banning the technology. He has since dropped the ban, saying he now sees a safety value of the system, but he’s still uncomfortable with how the ticket-generated revenues are divvied up.

Many on the 12-member House Transportation Committee agree that the private traffic-camera service-providers currently have too much unchecked, profit-driven power over motorists.

The vendors capture alleged violations on camera, examine the pictures, cross reference the information with the Department of Motor Vehicles, then mail out the citations. In return, they receive the lion’s share of fines collected.

Harmon wants the state comptroller to take a hard look at the traffic cameras and report back to lawmakers on issues like what impact the systems have on vehicle crashes, the make-up of traffic-camera service contracts, and detail as to how citation revenues are spent.

Harmon also wishes to see the state Department of Transportation conduct an engineering study on each intersection proposed to use a traffic camera, and added he hopes to ban all unmanned speed cameras on state highways.

While many lawmakers on the panel generally seemed supportive of Harmon’s ideas, some still argue the cameras are unconstitutional and an invasion of privacy. “If it intrudes a little, it’s too much,” said Rep. Tony Shipley, a Kingsport Republican.

A study (pdf) by the free-market Tennessee Center for Policy Research released earlier this year argued that traffic-enforcement cameras are unwise, unnecessary and unsafe.

The City of Gallatin collected nearly $1 million in traffic citations linked to the traffic cameras in 2007, according to TCPR’s study. At least 16 Tennessee cities use some sort of traffic camera: Chattanooga, Clarksville, Cleveland, Gallatin, Germantown, Jackson, Jonesborough, Kingsport, Knoxville, Memphis, Morristown, Mount Carmel, Murfreesboro, Oak Ridge, Red Bank and Selmer.

“There’s a lot of money being made here,” said TCPR policy director Justin Owen, an attorney who co-authored the report.

Instead of installing cameras, he says lawmakers should require municipalities to extend the length of the yellow light, giving drivers more time to travel through the intersection instead of stopping short for fear of a traffic ticket.

“The mere presence of the watchful cameras encourages drivers to attempt to stop at yellow lights even if passing through the light would be safer. Coupled with a decrease in yellow light timing, this can readily explain the increase in the number of rear-end collisions that occur at intersections with red light cameras,” stated the TCPR report.

Rep. John Tidwell, an engineer from New Johnsonville, says he’ll push lengthening the yellow light next year.

The Tennessee Association of Chiefs of Police maintains that the cameras help enforce the rules of the road, reduce crashes and generally improve safety, said Maggi Duncan, executive director. The association plans to push for the red light and speed cameras this legislative session.

The committee hopes to formulate an initial legislative proposal at their next meeting on Jan. 11.