Speed Camera Company Admission May Mean Tickets Issued From 1997-2008 Weren't Valid
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18 years
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We discussed this before. But here it is in the news again. Redflex are apparently such scofflaws I don't know how anyone can believe anything that comes from them.
Redflex admits in their lawsuit with ATS that their radar units were not FCC certified until 2008.
Speed Camera Company Admission May Mean Tickets Issued From 1997-2008 Weren't Valid
http://techdirt.com/articles/20100524/0056329545.shtml
Photo Tickets May Face Legal Challenges
http://www.kpho.com/news/23629483/detail.html
PHOENIX -- An anti-photo radar group is planning a legal challenge that could call into question thousands of photo-enforcement tickets issued by Redflex Traffic Systems.
Redflex runs photo enforcement for the Arizona Department of Pubic Safety and many Valley cities.
Redflex is being sued by their main competitor, American Traffic Solutions (ATS).
The lawsuit, filed in U. S. District Court in Phoenix, alleges that Redflex falsely advertised radar units that were not certified and unfairly won contracts because of it.
In court Thursday, Redflex executives admitted that prior to August 2008 radar units were not properly certified by the Federal Communications Commission (FCC).
Good News
That will be some sood news for the people that have received citations and ad news for the company..
Great to see it happen.
Legs
Form over substance?
Any allegations the measurements the radar units made were erroneous, or just that the paperwork wasn't filled out and filed properly?
Lack of FCC certification can be a big problem for the company -- big fines from the FCC.
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This cracks me up. I just
This cracks me up. I just don't understand how they could have gotten away with it for so long.
.
There's a heck of a lot of difference between not being FCC certified and being inaccurate - the FCC doesn't certify the accuracy of the speed measurement of the devices, only that it's emissions are within specified limits.
Now, the case MIGHT be made that the unit wouldn't have been there had the company not improperly won the contract, but any judge will toss that out, because if not Redflex, then someone else would have won the contact and the ticket would still have been issued.
Case closed.
I'm going back to sleep.
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Not So Sure
There's a heck of a lot of difference between not being FCC certified and being inaccurate - the FCC doesn't certify the accuracy of the speed measurement of the devices, only that it's emissions are within specified limits.
Now, the case MIGHT be made that the unit wouldn't have been there had the company not improperly won the contract, but any judge will toss that out, because if not Redflex, then someone else would have won the contact and the ticket would still have been issued.
Case closed.
I'm going back to sleep.
The tickets were issued with "illegal" equipment which brings into question the validity of the tickets. Because someone else may have been there with "legal" equipment does not validate the existing tickets.
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Sign of the times
Any allegations the measurements the radar units made were erroneous, or just that the paperwork wasn't filled out and filed properly?
Lack of FCC certification can be a big problem for the company -- big fines from the FCC.
There's a heck of a lot of difference between not being FCC certified and being inaccurate - the FCC doesn't certify the accuracy of the speed measurement of the devices, only that it's emissions are within specified limits.
Not sure if the tickets would actually be thrown out on a technicality. But it sounds like one possible repercussion might simply be the replacement of one camera enforcement company by another company. Meet the new boss, same as the old boss…
However, the situation seems to present a potentially serious violation if the radar units were not FCC certified as not causing harmful emissions. Who is to say if the equipment did not emit radiation that might interfere with other electronic devices considering that cars today (Toyota?) have many electronic components that might be affected.
Somebody dropped the ball, big time, either the regulators or the private company or both. Isn’t this essentially the problem that causes incidents such as the BP/Deepwater Horizon gusher?
Cnadian Red Light Camera Operation Contractors
Can anyone advise whether this same situation would be possible in Canada?
[A]
Andrew
Cameras inaccurate or State Government inept
Perusing the information available on this matter the pertinent points actually seem to have nothing to do with the accuracy of the speed citations. Instead they are
New Governor
New Public Transportation Director
Only 30% compliance rate (paying ticket when cited)
Inept government agencies
Thousands of AZ drivers had their DL suspended when the driver didn't show up for the hearing because they did not know they had been ticketed. There was one well advertised incident when the it was said the suspended driver had been "served" (in-person handing of the notice to appear) when in actuality it was proven that the person was on an international flight to South America at the time.
Don't look for these systems to be taken down other places unless they are also incredibly inept at notifying the violator. But AZ drivers will see their cameras turned off on 7/15.
If they failed to follow the law they should loose...
There's a heck of a lot of difference between not being FCC certified and being inaccurate - the FCC doesn't certify the accuracy of the speed measurement of the devices, only that it's emissions are within specified limits.
Now, the case MIGHT be made that the unit wouldn't have been there had the company not improperly won the contract, but any judge will toss that out, because if not Redflex, then someone else would have won the contact and the ticket would still have been issued.
Case closed.
I'm going back to sleep.
This goes to their credibility. If they knew they were violating the law then everything they do is in question and they simply can't be trusted. The reality is they had to know and likely just made a business decision to violate the law. Throw out the tickets, refund all fines and pay interest from the date of the payment. Allow everyone who received a ticket and went to court to claim all expenses for time off work, mileage, legal expenses.
Oh and fine the company say $150 per day for every camera in violation. Pay within 30 days or the fine and damages can be doubled, after 90 days tripled. See if they like some of their own medicine.
Intersting...
Intersting...
http://www.poi-factory.com/node/21626 - red light cameras do not work
To protect, serve......and profit!
Redflex: for profit law enforcement by a foreign, private corporation...
At the end of the day what that really means is - people who are in compliance with the law are simply a unit of missed revenue.
Redflex Chairman, Christopher Cooper, said it best in his letter to Australian shareholders,
"...Redflex is above all a commercial enterprise..."
Now that's one claim made by Redflex you can believe in!
RLC camera vendors losing money fast.
Redflex is reportedly losing money, so I doubt they are gonna be around long, at least in the US.
Nestor Traffic Systems was financially unstable, they reportedly lost the Fullerton, CA RLC contract for that reason.