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Saturday, August 09, 2008

Ind. Law - "Hammond's red light camera ordinance not legal"

Several Indiana cities have been looking into using red-light cameras, Gary, Hammond, West Lafayette among them. The ILB has had a number of entries about whether red-lights cameras are legal - see the list here.

Karen Snelling of the Gary Post-Tribune reports today:

MERRILLVILLE -- Hammond's plan to use cameras to catch drivers who run red lights violates current state law, Attorney General Steve Carter said Friday.

"It is the opinion of the attorney general's office that a moving violation is not something that can be regulated by local governmental units," Carter said at a news conference in Merrillville.

As part of a plan to generate new revenue, Hammond launched a pilot red-light camera enforcement program in cooperation with Safe Speed, a Chicago traffic systems company.

Safe Speed installed cameras at the intersections of 169th Street and Grand Avenue and 169th Street and Parrish Avenue in April 2007, according to the Hammond Police Department.

In exchange for mounting the cameras and videotaping red light violations, Safe Speed expected to share part of the $100 court fines once they were assessed. Motorists would be charged with violating a city ordinance rather state law pertaining to moving violations, under an ordinance passed by Hammond.

But Carter insists the Indiana General Assembly must pass enabling legislation before a city or town can implement the red-light camera enforcement program. * * *

Two other Lake County communities -- Gary and Hobart -- have also expressed interest in the camera enforcement program.

State Sen. Earline Rogers, D-Gary, asked for the attorney general's opinion on behalf of Gary officials. Carter said state Sen. Frank Mrvan and other Hammond representatives also have asked for his opinion.

Rogers said she intends to get a bill allowing red light camera enforcement drafted to gauge support for the idea.

A similar bill was defeated in the state Senate three years ago.

Susan Brown reports in the NWI Times:
In an official opinion issued Friday, the office of Indiana Attorney General Steve Carter has found only the state can authorize the use of red light cameras.

The Hammond City Council in June gave the green light to the use of red light cameras to catch motorists running red lights.

At the time, it was unclear whether state legislation was needed for Hammond to move forward. Hammond was not alone in its interest in installing the cameras, but it was the first community to go so far as to enact an ordinance.

The ordinance would have imposed a $100 fine on offenders, and the violation would not have counted as points against their license. The city intended to treat the offense as an infraction like a parking ticket, not a moving violation.

On Friday, Carter said authorizing the use of red lights, whether on state, local or private roads, is up to the state, and Hammond's ordinance would contravene state law.

He also nixed the effort to treat the offense as an infraction and declared the offense a moving violation. * * *

The opinion does not address the constitutional issues that have been raised against the cameras. Carter said the question to his office was whether the cameras are valid under state law, which could be addressed without going into other issues.

Carter said a court could decide otherwise if his office's opinion is challenged, but official opinions from his office are taken seriously by the courts.

Here is the AG's 3-page Official Opinion 2008-3.

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 August 9, 2008 10:08 AM
Posted to Indiana Law