Jan 6, 2009 11:28 am US/Central
Court Ruling Paves Way For More Red Light Cameras
U.S. Appeals Court Throws Out Objection Based On 'Innocent Owner's Defense'
CHICAGO (Sun-Times Media Wire) ―
A federal appeals court has given the green light to red-light cameras that have pumped out more than a million Chicago tickets and generated $100 million in sorely-needed revenue since 2003.
The ruling by the 7th Circuit U.S. Court of Appeals preserves one of the city's few revenue sources not subject to the economic downturn -- and clears the way for a major expansion that will install cameras at more than 330 accident-prone Chicago intersections by 2012.
Rejecting the so-called "innocent owner's defense," the appellate court ruled that it is not a violation of equal protection or due process to issue $100 tickets to license plate holders, even though somebody else was driving the car caught on camera running a red light.
"Is it rational to fine the owner, rather than the driver? Certainly so. A camera can show reliably which cars and trucks go through red lights, but is less likely to show who was driving. That would make it easy for owners to point the finger at friends or children -- and essentially impossible for the city to prove otherwise," the ruling states.
"A system of photographic evidence reduces the costs of law enforcement and increases the proportion of all traffic offenses detected. These benefits can be achieved only if the owner is held responsible. This need not mean that the owner bears the economic loss. An owner can insist that the driver reimburse ... if he wants to use the car again (or maintain the friendship)."
Arizona-based Redflex Traffic Systems has installed 248 cameras at 123 accident-prone Chicago intersections since 2003, with 50 more intersections planned for 2009. The cameras have raised $94.5 million and reduced red-light running by 59 percent.
Ever since Chicago entered the Brave New World of Traffic Enforcement, City Hall has insisted that red-light cameras were more about safety than money.
The plaintiffs made the opposite claim. But, the Appellate Court rejected that argument as well.
"That the city's system raises revenue does not condemn it. Taxes -- whether on liquor or on running red lights -- are valid municipal endeavors. ... A fine does more than raise revenue: It also discourages the taxed activity. A system that simultaneously raises money and improves compliance with traffic laws has much to recommend it and cannot be called unconstitutionally whimsical," the ruling states.
Motorists caught on camera running red lights get a $100 ticket in the mail, along with digital photographs of the violation. They can also view the cold, hard evidence on line -- by typing in their license plate number, along with the citation and code number.
"We're pleased with the decision. We believed all along the program was legal and a valid enforcement tool," said Law Department spokeswoman Jennifer Hoyle.
She added, "If you lend your car to somebody and they use it solicit a prostitute, the vehicle is impounded. It doesn't matter whether the person using the vehicle was the owner of the car or not."
(Source: Sun-Times Media Wire © Chicago Sun-Times 2009. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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