The Briar Patch looks at the Red Light Camera Controversy
Are Red Light Cameras the answer to speeders and unsafe drivers at stop lights? To try to throw more light on the red lights, The Briar Patch is sharing the following information anyone can find on “theNewspaper.com, a journal of politics of driving.” We are not attorneys here in the safety of The Briar Patch, so readers of this blog will have to use their own judgment..
California Appellate Court Declares Red Light Camera Contracts Illegal—12/12/08
More than forty California cities have red light camera contracts of the type declared illegal by appellate court judge.
Millions in red light camera ticket revenue is in jeopardy following a ruling by the Appellate Division of the California Superior Court in Orange County. At least forty cities across the state depend on so-called "cost neutrality" clauses in their contracts with the private companies that operate red light camera programs. These provisions are designed to sidestep a state law prohibiting compensation payments to the companies based on the number of tickets issued. The appellate court last month dismissed the ticket of a Fullerton woman because the city issued a ticket under such a cost neutrality arrangement.
The purpose of the statute is to avoid an incentive to the camera operator, as a neutral evaluator of evidence, to increase the number of citations issued and paid through the use of the equipment," Presiding Judge Robert J. Moss wrote.
Fullerton hired Nestor Traffic Systems (NTS) in January 2007 to operate the city's lucrative traffic safety program. As part of Fullerton's agreement with the firm, Nestor would perform an annual assessment of the flat-rate annual fee paid for the company's ticketing services."[Nestor] agrees to renegotiate its service fees (down or up, but not to exceed the service fees in Section 4.1) if it is determined that fees paid to NTS exceed net program revenues being realized," the Fullerton photo ticketing contract states.
In 2001, a San Diego, California Superior Court ruling found the common practice of having a city pay a financial bounty for each red light camera ticket issued had undermined the integrity of the system. In response, the state legislature mandated that all photo enforcement contracts signed after January 2004 must be flat rate. That means any payment method, "based on the number of citations generated, or as a percentage of the revenue generated" is prohibited. Judge Moss did not believe Fullerton's contract followed either the letter or the spirit of the law.
"The possibility that fees could be negotiated 'down' if it is determined fees paid to NTS exceed 'net program revenues being realized,' indirectly ties fees to NTS to the amount of revenue generated from the program," Moss explained. "If insufficient revenue is generated to cover the monthly fee, the fee could be 'negotiated down.' As such, NTS has an incentive to ensure sufficient revenues are generated to cover the monthly fee.
"The ruling is thought to be the first of its kind on the subject. An appeals court ruling earlier this year passed over the topic in a decision that bolstered the photo ticketing program. The Moss ruling sets a precedent that a photo ticket issued under an illegal contract is inadmissible as evidence.
"Because the city's contract with Nestor Traffic Systems violated Vehicle Code section 21455.5(g), the trial court erred in admitting evidence from the automated enforcement system," Judge Moss concluded. "The judgment of the trial court is reversed with instructions to dismiss the citation."
Highwayrobbery.net has examined the contracts of several photo enforcement programs across California and determined that the following cities used similar cost neutrality clauses: Baldwin Park, Bell Gardens, Capitola, Cathedral City, Citrus Heights, Corona, Covina, Culver City, Daly City, Davis, Escondido, Gardena, Glendale, Grand Terrace, Highland, Laguna Woods, Lancaster, Loma Linda, Los Alamitos, MRCA, MTA/Metro, Marysville, Menlo Park, Millbrae, Modesto, Moreno Valley, Murrieta, Napa, Newark, Oroville, Rancho Cucamonga, Redding, Redwood City, Riverside, Rocklin, Roseville, San Bernardino, San Juan Capistrano, San Leandro, San Mateo, San Rafael, Santa Maria, City of South San Francisco, Union City, Ventura, Victorville, Walnut, Yucaipa and Yuba City.
California Cities Back Away from Cost Neutral Contracts--5/15/09
Turlock, California dumps red light camera proposal over cost neutrality litigation fears.
Fear of litigation is causing some California cities to think twice about red light camera contracts containing so-called "cost neutrality" provisions. On Tuesday, the Turlock City Council decided to drop the idea of red light cameras for good.
"We will not be bringing them back to you," Turlock Police Chief Gary R. Hampton said. "Litigation on the whole red light camera issue continues and myself and the city attorney just do not see it being advantageous to the city of Turlock to engage in this effort that could result in us having to expend our valuable city resources defending the city's use of red light cameras at this time.
"At issue is a special provision created by the Australian red light camera operator Redflex Traffic Systems to make photo ticketing attractive to municipal leaders. The company agrees to do all the work and take all the financial risk for the undertaking in return for a substantial share of the profit generated."
A cost neutrality clause provision in the contract assures that the city of Turlock will never be required to pay Redflex more than actual net revenue received from the program," Hampton explained in a memo to the council. "
In any given month, if the program cost exceeds collected revenues, the balance will be carried over to the next month in which the cost can be met. That carry-over can continue for the term of the contract... Payment will only be made by the city of Turlock up to the amount of revenue received by the city through the collection of red light citations, up to the total due.
"In other words, for each intersection approach, Redflex was to be compensated at 100 percent of the revenue collected from each ticket, with the amount capped at $6000 per intersection approach each month. This scheme ran afoul of state law banning per-ticket compensation, according to a November appellate ruling by a California Superior Court judge. The court found that a similar cost neutrality deal struck between the city of Fullerton and Nestor Traffic Systems (NTS) was illegal and all tickets issued by the system were declared void...
California: Grand Jury Slams City for Short Yellows—6/25/09
Ventura, California red light camera produces $1.5 million in tickets by trapping drivers with a short yellow.
The Ventura County, California Grand Jury on Monday slammed the city of Ventura for using short yellows to trap motorists at an intersection where a red light camera snaps $1.5 million worth of tickets each year. Of the city's eighteen automated ticketing machines, only the one located at the intersection of California Street and Thompson Boulevard consistently tops the charts.
In just three months at the location, the camera operated by Australia's Redflex Traffic Systems issued 825 tickets worth $435 each, or a total of 9.3 tickets per day. Another camera located at Mills Road and Main Street only issued 49 tickets over the same period. When taking traffic volumes into account, that means the California and Thompson camera issued citations at a rate one hundred times greater than Mills and Main (9.3 tickets per 10,000 passing vehicles compared to a rate
Tuesday, July 7, 2009
Sunday, June 28, 2009
Sparky Sullivan---a shining example to his neighbors!
According to the laws of probability it is not likely that lightning will strike again in exactly the same place under ordinary circumstances. However, if you were acquainted with Mr. Oscar Sullivan, who farmed the section next to our place in Little Ax, Oklahoma, you would have to reconsider the circumstances.
It was documented during one three year period in the 1940’s, that Mr. Sullivan, known as ‘Sparky’ to everyone in Pottawatomie County, was struck by lightning on the average of once every 15 months and survived.
Mr. Sullivan wasn’t one to take unnecessary chances either. He installed lightning rods on each corner of his house and he even put them on his dairy barn and corn crib. He once hired a construction firm from Oklahoma City to install a giant lightning rod on his home place windmill. In his efforts to protect himself, he mail-ordered all the way to North Carolina, for a special pair of safety shoes that were equipped with ‘anti-gravity’ soles. As another precaution to cut down static electricity, he always dragged a chain from the rear axle of his pickup truck.
For all his trouble and expense to ground himself, Mr. Sullivan wasn’t that successful. According to police and hospital records, at one time or another, lightning had knocked him out cold, burned off his hair, damaged his hearing, ripped shoes off his feat, and several times, hurled him 10 feet or more through the air. He was once even asked to leave a Wednesday night prayer meeting when lightening from a sudden spring squall knocked out the electric power.
I have a 1947 newspaper clipping from the Pott County Tribune/Review that described what happen to him when he was struck down by lightening. The headline reads “Sparky Sullivan hospitalized after starting a grass fire”. The story quotes Mr. Sullivan as saying: “There was a terrible storm about ten miles away. I was plowing and stopped my tractor and when I got down to watch I noticed a small black cloud near me. Then I smelled sulphur and my hair was standing on end. When it struck, I felt as if I was being cooked. My hat caught fire. The bolt traveled down my body, burning me and setting my underwear on fire. It knocked me down and one of my shoes was ripped off. Luckily I was close to the windmill and was able to jump in the water tank and put out the fire in my underwear.” The story also reported that Mr. Sullivan spent four days in the hospital recovering. It was after this incident that Mr. Sullivan started wearing ‘flash-proof’ underwear that he bought at an army surplus store.
For all his problems Mr. Sullivan was popular at barn dances and outdoor bar-b-cues. He was known as the hi-light of most parties. Because, if the lights went out for any reason, he would simply hold a bulb in both hand and the party would go on. Children simply loved him and he was always asked to referee their after dark games. He seemed to have a glow about him that gave you a sense of security.
When he passed away (from natural causes), at middle age, the Little Ax City Fathers decided to ran a electrical line from his grave to the city’s only stop light. They also passed a resolution re-naming the main street corner ‘Sullivan’s Alley.’
According to the laws of probability it is not likely that lightning will strike again in exactly the same place under ordinary circumstances. However, if you were acquainted with Mr. Oscar Sullivan, who farmed the section next to our place in Little Ax, Oklahoma, you would have to reconsider the circumstances.
It was documented during one three year period in the 1940’s, that Mr. Sullivan, known as ‘Sparky’ to everyone in Pottawatomie County, was struck by lightning on the average of once every 15 months and survived.
Mr. Sullivan wasn’t one to take unnecessary chances either. He installed lightning rods on each corner of his house and he even put them on his dairy barn and corn crib. He once hired a construction firm from Oklahoma City to install a giant lightning rod on his home place windmill. In his efforts to protect himself, he mail-ordered all the way to North Carolina, for a special pair of safety shoes that were equipped with ‘anti-gravity’ soles. As another precaution to cut down static electricity, he always dragged a chain from the rear axle of his pickup truck.
For all his trouble and expense to ground himself, Mr. Sullivan wasn’t that successful. According to police and hospital records, at one time or another, lightning had knocked him out cold, burned off his hair, damaged his hearing, ripped shoes off his feat, and several times, hurled him 10 feet or more through the air. He was once even asked to leave a Wednesday night prayer meeting when lightening from a sudden spring squall knocked out the electric power.
I have a 1947 newspaper clipping from the Pott County Tribune/Review that described what happen to him when he was struck down by lightening. The headline reads “Sparky Sullivan hospitalized after starting a grass fire”. The story quotes Mr. Sullivan as saying: “There was a terrible storm about ten miles away. I was plowing and stopped my tractor and when I got down to watch I noticed a small black cloud near me. Then I smelled sulphur and my hair was standing on end. When it struck, I felt as if I was being cooked. My hat caught fire. The bolt traveled down my body, burning me and setting my underwear on fire. It knocked me down and one of my shoes was ripped off. Luckily I was close to the windmill and was able to jump in the water tank and put out the fire in my underwear.” The story also reported that Mr. Sullivan spent four days in the hospital recovering. It was after this incident that Mr. Sullivan started wearing ‘flash-proof’ underwear that he bought at an army surplus store.
For all his problems Mr. Sullivan was popular at barn dances and outdoor bar-b-cues. He was known as the hi-light of most parties. Because, if the lights went out for any reason, he would simply hold a bulb in both hand and the party would go on. Children simply loved him and he was always asked to referee their after dark games. He seemed to have a glow about him that gave you a sense of security.
When he passed away (from natural causes), at middle age, the Little Ax City Fathers decided to ran a electrical line from his grave to the city’s only stop light. They also passed a resolution re-naming the main street corner ‘Sullivan’s Alley.’
Thursday, June 25, 2009
Uncle Bud was a spiritual giant in my family!
The following sad little tale concerns my great-uncle Bud, a wonderful, jolly, man who was over six feet and probably weighted close to 300 lbs. Most of our family were Church of Christ but Uncle Bud was saved by hard-shell Baptist evangelist a at rival meeting, and later went on to graduate from Oklahoma Baptist University of and became a full-time Baptist minister.
To our family being a Baptist was almost as foreign as being a Lutherans. I can still remember the arguments Uncle Bud and Grandpa had over which was the best way to salvation, dunking or just sprinkling. They had some wonderful arguments but I won’t get into that at this time.
Uncle Bud was a kind, gentle man despite his enormous size, and his only real fault seemed to be that he was terrible clumsy. Family legend tells the story that during his early ministry, he was paying a pastoral call on one the pillars of his church, when he inadvertently sat on the lady's Chihuahua, Poo-Poo, and killed it. As the lady searched and called for her dog throughout the house, Uncle Bud felt underneath his huge hip and, realizing what he had done, suddenly panicked and slipped the dead dog into his coat pocket. Although he was devastated what he had done, he could not bring himself to admit to the woman what had happened.
Five years later, at least according to the version that Grandpa always told, he returned to the same house for an overnight visit and resolved to unburden himself before he left the next morning and confess to what had happened to Poo Poo.
The lady had recently redecorated the guestroom and had hung brand-new lacy curtains. Also trying to be the perfect hostess and because the weather was starting to get warm, she had placed a glass and a large pitcher of ice water and on the bedside table as well as paper, pen and ink in case Uncle Bud got spiritually inspired during the night.
Everything was going fine until Uncle Bud retired for the night. He liked to sleep with the window open and consequently when it got warm in the middle of the night, he decided to open it wider. As he was opening the window wider he knocked over what he assumed to be his full glass of water. Then groping along the walls in an unsuccessful search for the light switch, he retraced his steps several time before raising the window and settling back on the be for the night. When he opened his eyes the next morning, he was horrified. The fresh wallpaper was covered with big black blobs and the crisp white curtains were smudged with the prints of Uncle Bud's inky paws. It had not been the water glass he'd turned over during the night --- it had been the inkbottle.
In a shaken state of mind and knowing he must fact his hostess, Uncle Bud dressed and started to go down the stairs to the front room. As he reached the bottom of the stairs his foot slipped and he grabbed for the nearest object, a brass candelabrum on a table next to the banister, and crashed with it to the floor.
"Are you hurt?" his hostess cried as she rushed to his side. "No," Uncle Bud said as he rose to his feet. "But I have demolished you home." With that he walked out the front door and at the end of the sidewalk, turned and said to his hostess with a deep reverence, "Poo Poo had a Christian burial."
Several years later Uncle Bud decided to retired from the ministry. He was later very successful as the Hoover Vacuum Co. regional manager for Oklahoma, Arkansas and the Texas Panhandle.
The following sad little tale concerns my great-uncle Bud, a wonderful, jolly, man who was over six feet and probably weighted close to 300 lbs. Most of our family were Church of Christ but Uncle Bud was saved by hard-shell Baptist evangelist a at rival meeting, and later went on to graduate from Oklahoma Baptist University of and became a full-time Baptist minister.
To our family being a Baptist was almost as foreign as being a Lutherans. I can still remember the arguments Uncle Bud and Grandpa had over which was the best way to salvation, dunking or just sprinkling. They had some wonderful arguments but I won’t get into that at this time.
Uncle Bud was a kind, gentle man despite his enormous size, and his only real fault seemed to be that he was terrible clumsy. Family legend tells the story that during his early ministry, he was paying a pastoral call on one the pillars of his church, when he inadvertently sat on the lady's Chihuahua, Poo-Poo, and killed it. As the lady searched and called for her dog throughout the house, Uncle Bud felt underneath his huge hip and, realizing what he had done, suddenly panicked and slipped the dead dog into his coat pocket. Although he was devastated what he had done, he could not bring himself to admit to the woman what had happened.
Five years later, at least according to the version that Grandpa always told, he returned to the same house for an overnight visit and resolved to unburden himself before he left the next morning and confess to what had happened to Poo Poo.
The lady had recently redecorated the guestroom and had hung brand-new lacy curtains. Also trying to be the perfect hostess and because the weather was starting to get warm, she had placed a glass and a large pitcher of ice water and on the bedside table as well as paper, pen and ink in case Uncle Bud got spiritually inspired during the night.
Everything was going fine until Uncle Bud retired for the night. He liked to sleep with the window open and consequently when it got warm in the middle of the night, he decided to open it wider. As he was opening the window wider he knocked over what he assumed to be his full glass of water. Then groping along the walls in an unsuccessful search for the light switch, he retraced his steps several time before raising the window and settling back on the be for the night. When he opened his eyes the next morning, he was horrified. The fresh wallpaper was covered with big black blobs and the crisp white curtains were smudged with the prints of Uncle Bud's inky paws. It had not been the water glass he'd turned over during the night --- it had been the inkbottle.
In a shaken state of mind and knowing he must fact his hostess, Uncle Bud dressed and started to go down the stairs to the front room. As he reached the bottom of the stairs his foot slipped and he grabbed for the nearest object, a brass candelabrum on a table next to the banister, and crashed with it to the floor.
"Are you hurt?" his hostess cried as she rushed to his side. "No," Uncle Bud said as he rose to his feet. "But I have demolished you home." With that he walked out the front door and at the end of the sidewalk, turned and said to his hostess with a deep reverence, "Poo Poo had a Christian burial."
Several years later Uncle Bud decided to retired from the ministry. He was later very successful as the Hoover Vacuum Co. regional manager for Oklahoma, Arkansas and the Texas Panhandle.
Monday, June 22, 2009
After 56 years, ‘Forgotten War’ is not forgotten!
Fifty-six years ago July 27, the Korean War officially ended. Before it was over the United Nations forces suffered 995,601 casualties, killed, wounded and missing. U.S. forces lost 29,550 killed and 106,978 missing and wounded. No one knows the number of Korean civilian men women and children that were killed and wounded, but it was probably in the several hundreds of thousands, maybe even millions.
I might be wrong, but I would suspect that most history books in our school systems today, only gives this forgotten war, very little reference (if any). Yet, in my opinion, it had a more important impact on our country than the Vietnam War. Before the Korean War, our leaders believed that nuclear superiority was all we needed to protect us. When it started on June 25 1950, our army was the smallest it had been in 50 years and in the first months of combat our untrained and inexperienced troops paid for this neglect with high casualties. The defense build-up that followed this war gave our economy a boost that did not end until 40 years later with the break-up of the Soviet Union.
A lot of things were forgotten about this war. Until the publicity that Vietnam MIA’s received, it seemed that no one was too concerned for the thousands of our troops that are still listed as missing after all these years. It also seemed like the Korean War Memorial in Washington DC, was built as an afterthought because of the popular Vietnam Memorial.
Those Korean War missing in action troops are not forgotten by my family. I had a cousin who was one of them and my aunt, after all these years, still believes that he is alive and will come home some day. Like the Vietnam vets, Korean vets didn’t have any homecoming parades. We were discharged and mustered out with something like $300, if my memory serves me right and a train ticket home. That was not bad when you consider I was only getting $120 per month as a PFC. Of course best thing for most of us, as with other veterans, was we were eligible for $125 a month, plus tuition for schooling under the GI Bill.
It almost seemed that no one knew a war was on unless you knew someone who had been there, or you were there yourself. Remember this was before the daily 5 o’clock TV news and instant CNN communication. News traveled slower and the most we could hope for was a couple of news items and a wirephoto or two in our local newspaper. Our politicians wouldn’t even admit we were at war. President Truman called it a ‘Police Action’ and Congress never officially declared war, just like they copped out in Vietnam.
Fifty-six years ago July 27, the Korean War officially ended. Before it was over the United Nations forces suffered 995,601 casualties, killed, wounded and missing. U.S. forces lost 29,550 killed and 106,978 missing and wounded. No one knows the number of Korean civilian men women and children that were killed and wounded, but it was probably in the several hundreds of thousands, maybe even millions.
I might be wrong, but I would suspect that most history books in our school systems today, only gives this forgotten war, very little reference (if any). Yet, in my opinion, it had a more important impact on our country than the Vietnam War. Before the Korean War, our leaders believed that nuclear superiority was all we needed to protect us. When it started on June 25 1950, our army was the smallest it had been in 50 years and in the first months of combat our untrained and inexperienced troops paid for this neglect with high casualties. The defense build-up that followed this war gave our economy a boost that did not end until 40 years later with the break-up of the Soviet Union.
A lot of things were forgotten about this war. Until the publicity that Vietnam MIA’s received, it seemed that no one was too concerned for the thousands of our troops that are still listed as missing after all these years. It also seemed like the Korean War Memorial in Washington DC, was built as an afterthought because of the popular Vietnam Memorial.
Those Korean War missing in action troops are not forgotten by my family. I had a cousin who was one of them and my aunt, after all these years, still believes that he is alive and will come home some day. Like the Vietnam vets, Korean vets didn’t have any homecoming parades. We were discharged and mustered out with something like $300, if my memory serves me right and a train ticket home. That was not bad when you consider I was only getting $120 per month as a PFC. Of course best thing for most of us, as with other veterans, was we were eligible for $125 a month, plus tuition for schooling under the GI Bill.
It almost seemed that no one knew a war was on unless you knew someone who had been there, or you were there yourself. Remember this was before the daily 5 o’clock TV news and instant CNN communication. News traveled slower and the most we could hope for was a couple of news items and a wirephoto or two in our local newspaper. Our politicians wouldn’t even admit we were at war. President Truman called it a ‘Police Action’ and Congress never officially declared war, just like they copped out in Vietnam.
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