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November 10, 2010 Evidence of Ticket Quotas in BC
From The Fraser Valley Integrated Road Safety Unit: An Evaluation, page Page 79:
They also needed to maintain a minimum amount violation ticket output which sometimes required going to locations not specified as 'high crash sites' to obtain a higher volume of violation tickets. These were termed, "fishing holes".

 
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July 16, 2010 Car and Driver - July 2010 - Feeding the Machine: Sandbagging on Speed Limits
From Car and Driver:
Since Congress repealed a national speed-limit law in 1995, states have been increasing limits. So, while state legislatures are voting to up speed limits, local municipalities are reluctant to follow, experts say, because they don’t want to lose the revenue that speeding tickets provide.

In British Columbia, an independent speed limit review was published in 2003 which concluded many speed limits across the province are too low. It is unconscionable that successive officials of the Ministry of Transportation have refused to fully implement the recommendations made in the report. This failure undermines both the ethics of law enforcement handing out the tickets and the credibility of traffic safety initiatives including the safety basis for the penalty point system in British Columbia. In other words, if a motorist is driving safely, albeit over the posted limit, how is it not wrong to be handing out tickets and fines which can even result in loss of driving privileges?


 
January 5, 2010 Arizona May Abandon Speed Cameras on Highways
From The New York Times:
More than a year after Arizona became the first state in the country to deploy dozens of speed cameras on highways statewide, threats to the groundbreaking program abound.

Profits are far below expectations, a citizen effort to ban the cameras is gaining steam, the governor has said she does not like the program, and more and more drivers are ignoring the tickets they get in the mail after hearing from fellow speeders that there are often no consequences to doing so. [...]


 
October 16, 2009 wiseupwinnipeg.com

www.wiseupwinnipeg.com has launched a website to encourage Winnipeg citizens and motorists to stand up to the abuses presented by photo enforcement of traffic laws. The founder of the group, Larry Stefanuik, is a retired Winnipeg police officer who believes that "Photo enforcement is the least effective means of making streets safer.." and "...it's a poor use of police resources and just shores up the fact that decisions are being made with the priority being revenue instead of safety."


 
June 8, 2009 Photo Radar News

An article written by SENSE founder Ian Tootill was published in The Mark Photo Radar Programs: Predictably wrong.

A commentary in The Winnipeg Sun by the president of the Winnipeg Police Association raises some excellent points Not amusing to cops: Photo radar screams the old phrase 'if it's too good to be true, it is'.


 
May 14, 2009 Realistic speed limits are prevented by politics

Today, the Vancouver Sun published an opinion article written by SENSE founder Ian Tootill: Realistic speed limits are prevented by politics.

In 1996, 25,000 names were gathered in British Columbia for a petition calling for the removal of photo radar and an independent review of speed limits. The review was completed in 2002 and it revealed what most drivers already knew; that limits on some B.C. highways are set incorrectly, mostly too low.

Over the past 20 years, the B.C. population has increased by more than 30 per cent and roadways have been busier than ever thanks to a recently robust economy. Despite this, we have enjoyed a reduction in crash-related fatalities of nearly 40 per cent from a peak in 1990 -- more cars, more trips, and fewer deaths.

Yet the shrill cries of "Speed Is Killing Us" are still heard. Ironically, the enforcement emphasis during the past six years, during a period of dramatic economic growth and road use, has been rightly redirected toward offences with a higher correlation, to at-fault crashes rather than speeding.

The RCMP now issues about 250,000 tickets per year for speeding, less than half issued during the peak of photo radar. If proponents of more speed enforcement were correct, there should have been a noticeable increase in fatalities during this time. It has not happened just as it did not happen in the United States subsequent to the 1996 removal, despite intense lobbying of special interests, of the federally mandated 55-m.p.h. limit.

The RCMP leadership in B.C. can be given credit for implementing a new philosophy of targeted enforcement which has produced real improvements in highway safety, moving from speed traps to crash black spots. However, the baseline -- the law -- remains flawed.

Laws must be set with the reasonable actions of the reasonable majority in mind, and there is no value in legislation that there is neither the will nor the means to enforce. Anything to the contrary and the door opens for arbitrary abuse, as is the case with photo radar.

If a particular limit is routinely and safely disobeyed by the reasonable majority, it can hardly be called valid. Incorrectly set speed limits are a guarantee of non-compliance, necessitate more police for enforcement, are expensive for motorists (increased fines and insurance), reduce road capacity and efficiency, increase disrespect for laws in general, and can even embarrass politicians whose actions are not consistent with the laws they oversee.

So why then, did the Ministry of Transportation refuse to implement the recommendations in the report it commissioned? Further, why spend taxpayer money in the first place, if there were no plans to act on it? Answer: Politics.

Judith Reid, then minister of transportation and highways, told me during a 2003 meeting that the optics of raising speed limits were bad. Nobody wanted to be the minister during a crash fatality on a road with a higher speed limit -- especially after the public had been bombarded for several years with ICBC's "Speed Is Killing Us" propaganda. Additionally, the change needed to be approved by then solicitor-general Rich Coleman, and that was not going to happen.

An odd thing occurs with the subject of speeding; few drivers see themselves as speeders. While many gasp at tickets for 40 km/h over the posted speed, few connect the dots and realize that most drivers are technically speeding when conditions are good. So if the legal speed limit on a highway is 90 km/h and 85 per cent of the drivers are travelling 110 or 115, the question should be: Are they travelling excessively over the safe speed for conditions? In B.C., the answer is often no.

Highway safety requires two key ingredients: minimal speed variance and reduced traffic volume. Increasing highway capacity and design speed is one way the government reduces volume, but danger increases when vehicles impede others.

A much-needed improvement in B.C. is "Keep Right Except To Pass" legislation allowing police to enforce signage recently placed on highways to enhance safety, by reducing both vehicle interactions and speed variance, HOV lanes included. The Institute of Transportation Engineers recommends setting speed limits based upon an upper limit (85th percentile) of free-flow vehicle speeds.

Drivers naturally comply with limits viewed as reasonable, thus reducing speed variance and potential interactions between vehicles. Everybody wins; scofflaws are fewer and easy to apprehend, drivers are safer and politicians need not fear their driving records.


 
February 25, 2004 Ombudsman reviews poor ticket serving processes

The Ombudsman of the Province of British Columbia has released a report detailing the single-minded focus on collecting photo radar revenue, even while the tickets were unenforceable in court. The report An Investigation into the Administration and Collection of Traffic Camera Fines [alternate link] has a number of interesting findings.


 
October 28, 2003 Signs of progress: speed limit review examines BC's standards

The study Posted Speed Limits and Speed Limit Setting Practices in British Columbia [alternate link] "contains a review and assessment of speed limits posted in speed zones on Provincial rural highways, and practices used by the Ministry of Transportation to determine the appropriate speed limit."

Some notable findings:

The fundamental reason for ICBC serving old photo radar tickets is that once served, the ticket ultimately becomes convicted (if the user does not dispute it: perhaps under an impression that the ticket is old and no longer valid) and the recipient is left with no option but to pay.


 
August 1, 2002 What to do with your really old photo radar tickets?

In response to today's news stories, we wanted to reinforce the information on what to do with BC photo radar tickets. The courts require that offences be prosecuted without unreasonable delay, but ICBC and this provincial government are utilizing the Motor Vehicle Act coupled with human behaviour to collect on old photo radar tickets. If you are served a photo radar ticket and fight it, the courts will almost certainly throw it out (if the Crown doesn't stay it before you get to court). However, if you are served an old photo radar ticket and do nothing, you will be convicted and be required to pay the ticket to renew your licence or insurance. ICBC knows that probably 80-95% of people who are served a photo radar ticket will fail to file a dispute (or pay the ticket directly) and thus be convicted by operation of the Act. If you file a dispute, it will quite likely save you the cost of the ticket.

Here is a recent case (R. v. Coughlan) which, in that case, set the time limit at 7 months between the date of the alleged offence and the accused's appearance in court. SENSE has often heard of a window of 16 months being applied. In either case, photo radar has not issued tickets in 13 months and it would likely take 4 - 12 months to get a court date if you filed a dispute today.

First, the basics outlined on our page Dealing with a Ticket still apply. Please read the page for detailed information. Basically:

  1. If you have received a ticket in the mail: DO NOTHING AND WAIT TO BE SERVED.
  2. If the photo radar process servers are trying to serve you, it is best that you DO NOT GET SERVED.
  3. IF YOU ARE PERSONALLY PROCESS SERVED, FILE A DISPUTE within 30 days of service.
    • If you do not file a dispute, you will automatically be convicted and the fine will then become payable.
    • However, if you file a dispute, it is quite likely that well before you even get a date in court (1) the Liberal government will stop prosecutions of photo radar tickets and/or (2) the officers who prepared the ticket will be reassigned/unavailable to testify in court, as they must be available to give evidence if called.
Some notes:

Again, there is no reason to hasten the process by disputing a mailed ticket, but if you are served, file a dispute and hope that by the time (many months) you get a court date, they will not be successfully prosecuting the tickets. If they are prosecuting and you don't show up in court, you'll just have to pay the ticket then, not now. But the odds are very great that you'll never have to pay it.


 
October 19, 2001 Supreme Court of Canada denies Stead appeal

Photo radar constitutional fighter Doug Stead was seeking leave to appeal to the Supreme Court of Canada, but the country's top court has denied the appeal.


 
June 27, 2001 Final minutes of photo radar in BC!

The government has announced that photo radar vans will be off our streets today or tomorrow, but that outstanding tickets will continue to be collected. It is not known if prosecutions in the courts will continue, but our strategy for dealing with outstanding tickets continues -- see News below for June 22, 2001.


 
June 22, 2001 Photo radar fight heading towards Supreme Court of Canada & what to do with your photo radar tickets?

Photo radar constitutional fighter Doug Stead will be seeking leave to appeal to the Supreme Court of Canada his recent loss (see News for April 11, 2001) in the BC Court of Appeal.
 


Many people are asking SENSE what to do with outstanding photo radar tickets now that the Liberals have concrete plans to get rid of photo radar in the next few weeks. First, the basics outlined on our page Dealing with a Ticket still apply. Please read the page for detailed information. Basically:

  1. If you have received a ticket in the mail: DO NOTHING AND WAIT TO BE SERVED.
  2. If the photo radar process servers are trying to serve you, it is best that you DO NOT GET SERVED.
  3. IF YOU ARE PERSONALLY PROCESS SERVED, FILE A DISPUTE within 30 days of service.
    • If you do not file a dispute, you will automatically be convicted and the fine will then become payable.
    • However, if you file a dispute, it is quite likely that well before you even get a date in court (1) the Liberal government will stop prosecutions of photo radar tickets and/or (2) the officers who prepared the ticket will be reassigned/unavailable to testify in court, as they must be available to give evidence if called.
Some notes:

Again, there is no reason to hasten the process by disputing a mailed ticket, but if you are served, file a dispute and hope that by the time (many months) you get a court date, they will not be successfully prosecuting the tickets. If they are prosecuting and you don't show up in court, you'll just have to pay the ticket then, not now. But the odds are very great that you'll never have to pay it.


 
May 30, 2001 Photo radar soon to be gone!

Nearly six years after the NDP first announced plans for photo radar, Premier-elect Gordon Campbell made it very clear that he will stand by his word and photo radar will soon be history in BC (see our press release). We want to thank the many volunteers and concerned citizens who donated their time and financial support in helping SENSE to get to this point, and we will continue to push ahead to get positive changes from the new government.


 
April 11, 2001 Tri-M Systems/Doug Stead unsuccessful at Court of Appeal

Photo radar constitutional fighter Doug Stead was unsuccessful in the BC Court of Appeal today. Although the decision does not impair the right of an individual to raise specific Charter defences to a particular ticket, it failed to find the overall scheme invalid.


 
January 15, 2001 Tri-M Systems/Doug Stead back in court...

Photo radar constitutional fighter Doug Stead is back before the BC Court of Appeal on Tuesday February 13th, 2001 in the Vancouver court house.

Interestingly, the Crown has indicated that they will not be entering Section 1 Charter evidence. Section 1 allows the Crown to save legislation declared unconstitutional if the Crown can demonstrate that the legislation is "reasonable and demonstrably justified in a free and democratic society." Could the Crown be confident of a win on their legal arguments or has this government lost the will to fight for photo radar?

Please consider attending court to show support for Stead and opposition to the unconstitutional photo radar legislation. Additional information is on the Stead page.


 
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