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Cities should steer clear of traffic cameras

A decade after cities such as Girard and Warren first explored the idea of speed cameras, Youngstown now has jumped on board, and other communities, including Hubbard and Brookfield, also are exploring the idea as well.

We caution them to be leery of the revenue generator that surely will be viewed by motorists and potential business developers as little more than a money grab. Using the cameras also could be risky business that could set up our communities for potential lawsuits and insurance liabilities, particularly if the motorist passes by an officer at a high rate of speed only to become involved in a crash.

Use of unmanned cameras to track down speeders first was enacted locally in the early 2000s in Girard. Warren also briefly pursued the idea, both under the guise that it would make city streets safer for motorists. But the plan was quickly shut down when then-Trumbull Common Pleas Judge John Stuard ruled that speeding and red light violations were criminal violations – not civil. He ruled in favor of plaintiffs in a class action lawsuit filed by more than 1,500 car owners who had received traffic camera tickets in the mail. Also at issue was the question of due process, largely because the tickets were produced by a machine, not a human being – that is, a police officer.

Appeals and other court action followed throughout the years, but at the end of the day, no local community had ever revisited the use of the cameras. That is, until now.

Late last year, a new state law was adopted setting new guidelines on the use of speed cameras in Ohio. It requires that a police officer must be on hand at all times.

Youngstown jumped on board by using the mobile traffic cameras – manned by a police officer – in school zones, on state Route 711 and Interstate 680.

So far, more than 1,800 tickets have been recorded for speeders. Citations are sent via mail to the automobile’s owner. The city gets to keep 65 percent of the $100 to $150 per ticket revenue, and the rest goes to the Maryland-based camera operator, Optotraffic.

Youngstown Chief Robin Lees says this is not just about making money, but rather it’s about slowing traffic and making the streets safer. He notes that more than 500 accidents were reported last year on highways that run through the city. Police staffing and personnel are limited and officers needed to find a way to do more enforcement in a more efficient manner.

But how is this the answer?

Under the new camera protocol, officers don’t bother to chase down the offender or make an actual traffic stop. Rather, they stay in the comfort and safety of their cruisers simply picking off the speeders one-by-one who are oblivious as they pass by. How does that effectively slow down traffic?

And what about the civil liability if a motorist blissfully speeds by, undaunted by the officer who doesn’t bother to pursue, and then crashes the car injuring himself or others?

Last week Optotraffic and Brookfield police Chief Dan Faustino presented the idea to Brookfield Township trustees. We suspect it won’t stop there.

It’s probably only a matter of time until civil tickets begin showing up in mailboxes all around the Valley, at about $100 or $150 a pop.

We see this as a clear violation of due process and an even bigger liability potential, and we urge communities to steer clear.

editorial@tribtoday.com

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