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Wednesday, June 04, 2008

Ind. Law - "Red light cameras legal?"

"Red light cameras legal?" is the headlne to this story today in the NWI Times, written by Susan Brown. The report begins:

HAMMOND | When the City Council gave its approval Monday to installing red light cameras at six city intersections, it paved the way for the city to become the first community in the state to adopt the controversial automated enforcement system.

No Indiana community is among the 345 communities listed by the Insurance Institute for Highway Safety as having red light cameras.

State legislation seeking to establish red light cameras in Indiana has failed three times since 2001.

It was unclear Tuesday whether such legislation was needed for Hammond to take action to approve the system.

In an unofficial opinion rendered in 2001, the office of Indiana Attorney General Steve Carter deemed the use of the cameras on state and federal highways unlawful but did not address their use on local streets.

State Rep. David Wolkins, R-Winona Lake, said he believed the measure did require a change in law when he sponsored legislation in 2005.

"I really don't think (Hammond) has a right to do it," he said. "I don't think it falls under home rule."

Wolkins said he suspects since Hammond has approved the cameras, the question of legality may not be decided until the first ticket goes to court.

Earlier ILB entries on this topic include "Gary cameras may nab drivers who run red lights" from Nov. 27, 2007, "State may jump on red-light camera bandwagon" from Feb. 2, 2005, and "Driving to Illinois? Also, red light camera law in Indiana" from March 30, 2005.

Posted by Marcia Oddi on June 4, 2008 09:04 AM
Posted to Indiana Law