by james j. baxter, president, nma a · 6/5/2015 · misfits, hunters and firearm enthusiasts...

2222NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

MARCH/APRIL 2005

TABLE OF CONTENTSVOLUME 16 • ISSUE 2

Stigmatized Stereotypes ................................2

NMA Washington Report................................3

Indiana: Speeding Its Way To 70 MPH..........3

Learing Your Lesson ......................................4

Driving Tour Winner Enjoys

Ireland’s Beauty...............................................6

High Court Rules On Canine Searches ........7

Seeing “Red:” The State Of

Photo Enforcement .........................................8

News From Around The Country ................11

Members Write ..............................................12

What Really, Really Happens.......................13

The Experts’ Corner......................................14

NMA Items For Purchase .............................15

State Chapter Coordinators and Activists. 16

Copyright © 2005 by National Motorists Association Foundation.All rights reserved.

NMAF NEWS (permit # 0716556-KWP) is theofficial publication of the National MotoristsAssociation Foundation, Inc. NMAF NEWS ispublished bimonthly by the National MotoristsAssociation Foundation, Inc., 402 W. 2nd St.,Waunakee, WI 53597. (608/849-6000) Email:[email protected] Web site: www.motorists.orgNonprofit bulk permit paid Madison, WI. Annualmembership in the National Motorists Associationincludes a subscription to NMAF NEWS.

Stigmatized Stereotypesby James J. Baxter, President, NMA

EDITORIAL STAFFManaging Editor:........................Eric SkrumEditorial Assistant: ..............Heidi KatchkeyGuest Writer: ..........................John HolevoetGuest Writer: ................................Ivan Sever

COVER“The Red Light Camera Game”

common tactic of zealots,demagogues, self-servingcommercial interests, and

political candidates is to define theiropponents in stereotypical terms thatconvey strong negative impressions.Unfortunately, stigmatizing theopposition can be extremely effectiveand long lasting. Recent events relatedto our opposition to ticket camerasbrought this message home, loud andclear. However, I'd like to temporarilydigress from the ticket camera issueand take a closer look at the tactic of using negative stereotypes tostigmatize the opposition.

Frequently we see motorcyclistsportrayed as 300-pound anti-socialmisfits, hunters and firearm enthusiastsdescribed as "red necks" and "gunnuts," environmentalists andconservationists labeled as "Eco-terrorists," and attorneys described in various reptilian forms. I pickedthese categories because I have hadexposure to all these populations and Iknow scores of people in each group.None of them fit the stigmatizedstereotypes popularized and marketedby their detractors.

The motorcyclists I haveencountered and known over a span of40 years represent a complete crosssection of society in just about everyway imaginable. The only discernabledifferences may be that they have astronger "live and let live" ethic andperhaps they just have a bit more funthan the public at large.

When I inventoried friends andacquaintances who enjoy hunting andfirearms, I came up with a stateemployee who devotes about two-thirds of his free time to coachingyouth soccer, the editor of one of themost popular automotive publicationsin the country, an internationallyrespected electrical engineer, anextremely successful marketingconsultant with several national clients,and a personal friend who spent almost

every weekend for three years helpingme build a log cabin—from trees heplanted as a boy. I don't see anythingtoo "nutty" about this group, exceptmaybe the fact that they all ridemotorcycles.

Conservationists and environ-mentalists I've encounteredprofessionally and socially cover thegamut from bird watchers to forestersand agency administrators, hikers tocanoeists, farmers to fanatical huntersand fishermen. They all put their owntime and money into protecting theenvironment, enhancing wildlifehabitat and championing clean air andwater. More than a few spend their freetime picking up trash along roads andstreams, brushing out trails, andmonitoring the health of naturalfeatures in their neighborhoods. I'venever known one to so much as throwa nail on the road, let alone "spike" atree. However, they don't all ridemotorcycles.

Most of the attorneys I have had theoccasion to work with have beenethical, competent, and did their best torepresent my interests or those of theNMA. I have known many to begenerous with their time and expertise.NMA members have received tens ofthousands of dollars worth of free legalservices that were donated by attorneyswho support NMA objectives andgoals. I can't speak to their proclivityfor riding motorcycles.

I suppose I have to state theobvious; yes, there are thugs that ridemotorcycles. There are people whoshouldn't be allowed to own ascrewdriver, let alone a firearm. Someextremist elements of the environ-mental movement resemble fanaticalcults, and there are lawyers who havethe moral compass of a brick. They arenot representative of their respectivepopulations and the stereotypesconcocted by their detractors are not

continued on page four

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Indiana: Speeding Its Way To 70 MPHby Heidi Katchkey, Editorial Assistant

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 3333

MARCH/APRIL 2005

ithout significant fanfare, the109th Congress entered insession on January 4th. After

only a month of proposals, newfederal laws on transportation policyare already starting to emerge.

In February, the House approvedlegislation tightening immigrationand border-security laws, including aprovision making it harder for illegalimmigrants to obtain driver licenses.The outlook for the proposalbecoming law is not very good, asthe Senate has already expressedstrong reservations about thelegislation. Last fall the Senateforced House Republican leaders tostrip the provisions out of theintelligence bill, while the WhiteHouse issued a statement saying it"strongly supports" the legislation.

The federal highway and masstransit reauthorization bill (stuck inneutral during the previous Congressamid fights over its price tag) shiftedinto drive again this year. In his

February 7 budget proposal,President Bush announced supportfor a $284 billion, six-year highwaybill, which is $28 billion more thanthe administration publicly supportedlast year. At the same time thePresident proposed switching thefunding for NHTSA—the group thatprovides grants for "traffic calming"mechanisms like speed traps and redlight camera studies—from the maintreasury fund to the highway trustfund. That's a cool $1.1 billiondollars that will not be available tobuild roads next year!

Next on the list of hot topics is theresurgence of tolls and tollingauthority. Ever on the lookout forfunds, state highway officials aretrolling the halls of Congress seekinggreater authority to implement tollsto fund highway projects. They arereportedly interested in using thehighway bill to further drive thistrend and allow for tolling onexisting and new roads to pay not

only for improvements and upgrades,but also for programs like masstransit and the social engineering ofwhat kind of car we drive.

We will undoubtedly see aspirited debate on these and manyother issues as the pace of congressquickens. Into this process I willattempt to inject the rationality of theNMA. So begins the work inWashington to promote the interestsand objectives of the membership of the NMA.

The NMA's new lobbyist, Robert Talley (of Talley & Associates) has over a decade of experiencein D.C. He has a broad understanding of the legislative/regulatory process and the complexityof political interaction, both of which are integral to successfully representing the NMA.

NMA Washington Reportby Robert Talley, NMA Lobbyist

tate Senator Gregory Server hasintroduced a measure, SenateBill 217, which would increase

the speed limit by five mph onIndiana's interstate highways. Thelimit for cars would rise from 65 mphto 70 mph and also 60 mph to 65 mphfor trucks.

The new higher speed limits wouldonly apply to rural interstates, such aslarge portions of I-65 betweenIndianapolis and Chicago. The limitwould not change on interstates thatrun through "urbanized areas," whichare defined as denser communities

with populations greater than 50,000. Senator Server, the bill's chief

sponsor, said that the higher limitwould bring the law closer to the actualspeeds at which motorists are driving."We're just trying to be realistic,"Server said after the vote. "Ourhighways and cars are designed for this type of speed. People are drivingat this speed now."

On Thursday, February 10, the billpassed the Senate by a vote of 34 to15. Representative David Wolkins hasintroduced it to the House, and it'sbeen assigned to the Roads and

Transportation Committee. Themeasure is expected to pass the House,where it enjoys the support of SpeakerBrian Bosma.

The measure looks destined tobecome law. Governor Mitch Davis,who has not been a vocal proponent ofthe measure, has stated he would signthe bill if it reaches his desk.

If signed, the measure would takeeffect July 1, 2005. This change wouldmake Indiana the 30th state since 1995to boost interstate speed limits to 70mph or above.

Please note: We wereable to contract with Robertas a direct result of lastyear's NMA LegislativeFund Drive. It’s youradditional contributions thatmake it possible for theNMA to have ongoingrepresentation inWashington D.C.

WW

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

MARCH/APRIL 2005

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only inaccurate, they are also unfair.Circling back to the NMA and

ticket cameras. These cameras havebecome the tool of choice for strappedmunicipal governments. Local officialsread articles, attend meetings and aresolicited by corporate interests, allextolling the revenue generatingcapabilities of red light cameras andphoto speed enforcement. The onlyannoying obstacle has been the NMAand the information we have providedto the press, and ethical public officialswho question the legitimacy of camerabased enforcement. As articles in thisedition of the NMAF NEWS indicate,we are gaining traction on this issueand elected officials are listening towhat we are saying.

We have presented evidence,largely irrefutable, that red lightviolations are predominantly caused by poor installation, maintenance, and

timing of traffic lights. If traffic lightsare properly installed, maintained andtimed, red light violations virtuallydisappear. Red light cameras donothing more than perpetuatedangerous intersections for thefinancial benefit of private contractorsand unethically managed communities.Our message is starting to resonatewith state and local decision-makers.

Because our position is so solidlysupported from multiple sources, theticket camera proponents are switchingtactics. Now, they are trying tostigmatize the NMA with negativestereotypes. They say "you can't takethese people seriously, they supportspeeding and drunk driving. Just look at their positions on speed limits and BAC standards." The intent is to discredit our evidence onred light cameras and intersectionsafety by tying our credibility tostigmatized stereotypes of "speedingand drinking and driving."

Just like motorcyclists, gun owners,environmentalists, and lawyers, reallife facts and experiences don't support the stereotypes. Two-thirds of the adult population (an estimate)drinks and drives, and 90 percent of alldrivers periodically exceed postedspeed limits. Yep, we support morereasonable BAC standards and higherspeed limits based on sound scientificand engineering criteria. If anyonelooks past the hyperbole, they will behard pressed to find the lunatic fringeour detractors claim us to be. Ourchallenge is to get the press and publicofficials to look past that hyperboleand the stigmatized stereotypes, and toseriously consider what we are reallysaying, not only about red lightcameras, but the whole range of NMApositions. When we do that you'llwitness the beginning of the next"golden age of driving."

Stereotypescontinued from page two

Learning Your Lessonby John Holevoet, Director of Development

he United States prides itself ontreating people equally underthe law. So, what happens

when a certain group of people receivespecial treatment?

For years, police officers around thecountry have avoided ticketing oneanother. A timely example is CaroleFrauenfeld, a sheriff's deputy fromHillsborough County, Florida. LastJanuary, she ran a stop sign and hitanother car, injuring its driver. Theincident was "investigated," but it wasdecided that Frauenfeld's actions didnot warrant a ticket.

Department spokeswoman DebbieCarter defended the decision not toticket Frauenfeld. "You don't citepeople to punish them," Carter toldreporters. "You cite them to teachthem something. In this case, thedeputy knew what she did was wrong."

Well, that sounds like a good

defense for anyone cited for speedingin Hillsborough County. When adeputy saunters up to your window,inform him or her that "No ticket isnecessary… I've learned my lesson:speeding is dangerous." See how farthat gets you.

You don't have to limit this excuseto speeding. After all, Frauenfeld gotaway with causing bodily injury. Iwonder how understanding she wouldbe when she hears the following, "Inthe last ten seconds or so, I've done alot of thinking. I've come to theconclusion that it's wrong to run overan elderly couple in a crosswalk. Thatbeing the case, I'll be on my way."

Frauenfeld's supervisor refused toacknowledge the double standard. Heclaimed that not issuing tickets toofficers in all situations, allows them tocut citizens some slack.

Ideally, if a law is worth having on

the books, it should be fairly enforced.There shouldn't be any privilegedclasses. The problem is, we have toomany senseless laws. They shouldn'tbe enforced because they shouldn'thave ever been written.

Police officers know a 35 mphspeed limit on a four-lane, dividedhighway doesn't make sense, andshould only be selectively enforced.What we really need to do is work forcommon-sense laws and the fairapplication and enforcement of them.

By unfairly avoiding the"educational opportunities" (i.e.tickets) they force on the public,officers are more or less immune frompoints on their licenses, excessivefines, and insurance rate increases. Atthe same time, however, their actionsserve to erode the public's trust, whichthe police need to do their jobs safelyand effectively.

TT


MARCH/APRIL 2005

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hortly after celebrating theNew Year, NMA memberTom Wood and his girlfriend

Krissy Archer packed their bags tostart off 2005 with an adventure.

As the winners of the 2004 NMA European Driving TourSweepstakes, Tom and Krissy had their choice of three greatdestinations: Ireland, Germany, or Spain. The tour experts atwww.driveeurope.com carefullydesigned each magnificent option to provide Tom and Krissy with an

excellent opportunity to enjoyEurope in a new and exciting way.

After reviewing all of theirchoices, the couple decided to travel to Ireland. Their eight-daytour began in Dublin, the country'shistoric capital. This city, known for its laid-back people, friendlypubs, and small-city charm, is theperfect starting point for an idealIrish vacation.

From Dublin, Tom and Krissyheaded out to enjoy the Irishcountryside. They drove through

the rolling green hills, stoppingalong the way to visit ancienthistorical sites, explored stunningcastles, and hiked through gorgeousnatural areas. Along the way, theytook in the Emerald Isle's scenicbeauty from the comfort of theirBMW 530, which they drovethroughout the tour. Tom described the new "Bimmer" assimply "amazing."

Even a winter storm at the start oftheir tour, didn't stop the couplefrom enjoying the experience. Theirsecond night was spent at a lovely,historic hotel that had lost its powerbecause of the weather. Tom saidtheir candlelit stay, "just added to the adventure."

The weather improved, and Tomand Krissy continued their journeyaround the island, stopping atIreland's most beloved national parkand the Kilkenny, a medieval cityknown for its impressive citadel.After a week of travel, they circledback to Dublin, where they finishedtheir trip. Both were sad to see itend. Tom described it as "anexperience to remember."

Driving Tour Winner Enjoys Ireland’s Beauty

For more information aboutthis tour or others, visitwww.driveeurope.com.

Think of them the next timeyou’re planning a vacation.

It’s a great way to thank themfor generously donating this

tour to the NMA.

SS

Tom and Krissy in front of the BMW 530 they

enjoyed driving during their

tour.

Here is the beautiful Breaffy House Hotel where thecouple stayed while visiting the scenic Castlebar.

High Court RulesTo Allow Canine Searchesby John Holevoet, Director of Development


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7777

oy Caballes was only drivingsix mph over the speed limitwhen he was pulled over.

Dressed in a suit and driving a newMercury, there was nothing aboutCaballes that should have made thepolice suspicious. Normally, a trafficstop like this would have ended with awarning. Luckily, tickets for driving71 mph in a 65 mph zone are rare, butthis wasn't a normal traffic stop.

The state trooper asked Caballeswhere he was heading. The motoristresponded that he was in the process ofmoving from Chicago to Las Vegas.Then the trooper noticed an airfreshener (apparently Glade™ isindicative of a criminal mind). Heasked permission to search Caballes'trunk. Caballes refused, but the officercontinued to detain him until a drug-sniffing dog arrived. The Alsatianindicated there were drugs in the trunk,and the officers searched it, finding$250,000 worth of marijuana.

Caballes rightfully protested thatthe officer had no reason to suspectthat he had done anything illegal andtherefore, did not have reason to searchhis car using the police dog. TheIllinois Supreme Court agreed, andCaballes' conviction was overturned.

The state was unwilling to let thematter drop, and appealed its case tothe United States Supreme Court.Illinois v. Caballes is just the mostrecent of several cases heard by theCourt seeking to define the boundariesof Fourth Amendment protections.

Illinois Attorney General LisaMadigan defended the officers' actions,claiming a ''dog sniff'' didn't constitutea search and therefore, citizens are notprotected from them under the FourthAmendment. Caballes' attorney, RalphMeczyk, responded that the use of thedog was clearly accusatory in nature.After all, this was not a coincidentalsniff by a dog. The dog was brought in

with the sole purpose of sniffing fordrugs in Caballes' car.

Despite this fact, the Court ruledagainst Caballes. In a 6-2 decision, theCourt dealt yet another blow tomotorists' privacy and granted policeeven broader search powers duringtraffic stops.

Justice John Paul Stevens wrote in the majority opinion that "Anyintrusion on respondent's privacyexpectations does not rise to the levelof a constitutionally cognizableinfringement.''

Therefore, he and the majority ofthe justices decided that drug-sniffingdogs could be used to check outmotorists even if the officers have no reason to suspect they are carrying narcotics.

Justice Ruth Bader Ginsburg voicedher dismay at the further broadening ofpolice search powers. "Under today'sdecision, every traffic stop couldbecome an occasion to call in the dogs,to the distress and embarrassment ofthe law-abiding population," Ginsburgwrote in her dissent, which JusticeDavid Souter joined.

Souter pointed to studies that showdrug-sniffing dogs have a failure rateof over fifty percent. He also voicedhis concern that this decision couldlead to officers canvassing garages andneighborhoods with these unreliableanimals. "Police can take a dog to afront door and ring the bell and seewhat happens," he wrote.

Souter's predictions may come topass sooner rather than later. Dogstrained to find drugs and bombs arebecoming more common in airports,schools, and everywhere else.Terrorism concerns will only acceleratethe rate at which man's best friend isallowed to intrude into our privatelives, and clearly, we cannot count onthe Supreme Court to take a standagainst this violation of our rights.

RR

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fter years of using red lightcameras (RLCs) to generaterevenue, Virginia is doing what

few would have predicted… they areeliminating the devices.

Virginia's RLC program has asunset clause, which means that if itisn't renewed through legislation, thecameras must be taken down. With alooming deadline, people on both sides

of this issue stepped up their efforts tobe heard by policymakers.

Camera proponents failed in the lastlegislative session to renew the use ofthe cameras. They claimed they wouldsucceed in the next legislative session.

However, NMA Virginia ActivistsJames Kadison and Mike McGuirehave been working on this issue withthe legislature for the last five years,and their efforts paid off.

In the latest legislative session, theMilitia, Police and Public SafetyCommittee in the House of Delegatesrefused to pass any house bills thatwould have renewed the RLCs.

When the Senate passed five bills torenew the cameras, the same house

committee continued to hold theirground. All legislation failed to pass.

This means all cameras in Virginiawill cease to issue tickets to motoristsafter July 1, 2005.

This is great news, not only for themotorists of Virginia, but also for thoseacross the country. The fact that astate, which had used the cameras for anumber of years, then later rejectedthem is a great point to raise in allongoing and future debates.

Thanks, once again, to NMAVirginia Activists James Kadison andMike McGuire for their efforts and toall NMA members who took the timeto contact their representatives aboutthis issue.


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Virginia To Eliminate Red Light Cameras

Seeing “Red:” The State

Texas may soon ban the useof red light cameras and NMA isbeing asked to help.

Here is some background: In Texas, a red light violation is a Class C misdemeanor andcan only be regulated by thestate. In 2003, the House (by anoverwhelming majority) said thatcities could not use cameras toissue criminal citations to redlight violators.

Their intent was to ban redlight cameras. However,Representative Harper-Brownpushed an amendment in the2003 transportation bill that gavecities the choice of makingtransportation issues either civilor criminal.

This opened the door wideopen for cities to use cameras aslong as the tickets were civil.

Houston hoped to have tencameras in place by April and tolater expand the program to asmany as fifty intersections.

That was the plan untilRepresentative Elkins introducedHouse Bill 259. This bill wouldrepeal the amendment that gave cities the opportunity to use cameras.

Representative Elkins' staffhas already asked the NMA forhelp on a variety of fronts. Notonly were we able to provideinformation that points to themany problems with the cameras,but NMA Texas State ChapterCoordinator Luke Ball was askedto testify on the subject in frontof the Urban Affairs Committee.

Our efforts are paying off asthe bill appears to be on the fasttrack to being passed.

Texas May Reject Cameras

Two recent studies on redlight cameras (RLCs) highlightmajor problems with thedevices.

The first study is entitled ADetailed Investigation Of CrashRisk Reduction Resulting FromRed Light Cameras In SmallUrban Areas. In it, NorthCarolina A&T State Universityresearchers conclude that RLCsdon't reduce crashes. In fact,they showed an increase in allaccidents at RLC locations.

The other study, AnEvaluation Of Red LightCamera Enforcement ProgramsIn Virginia, was conducted bythe Virginia Department ofTransportation to support theuse of RLCs. However, thefindings showed an increase in the number of rear-endcollisions and an increase in total injury crashes.

Both studies highlight that RLCs don't increase thesafety of intersections. If a cityreally wants safety, provenengineering solutions, likeproper yellow light timing, are the key.

New RLC Studies

AA

or years, city leaders havefalsely claimed that theirdecisions to use ticket cameras

are motivated by safety, not money.While recent research disputes thesafety value of cameras, civic leadersare also beginning to simply forgo thepretext of safety altogether. For thefirst time ever, officials are telling thetruth about these cameras… they wantthem because of the money!

Despite previous assurances thatcameras are used for safety, not profit,D.C. Mayor Anthony Williams issinging a different tune now. In a letterto D.C. Council Chairperson LindaCropp regarding a pending contractwith a camera vendor, the mayorwrote, "There is an urgent need for the approval of this contract to ensurethe continued processing of Districttickets and the collection of Districtrevenues." He made absolutely nomention of safety.

Sharon Gang, a spokeswoman forWilliams said, "The mayor has alwaysfelt that with the red-light cameras andthe other equipment we use to catchpeople who are speeding, safety is ourforemost goal." She did admit that themayor probably should have included"an extra sentence about public safety"in his letter. Apparently, an extrainsincere sentence would havereframed this issue and made safetycentral again.

The mayor's oversight didn't mattermuch. The district's council, whichshares the mayors' concerns for "safetyand money," approved the proposed$14.6 million contract. At the sametime, the Metropolitan PoliceDepartment has added four new fixed-location speed cameras.

This brings the total number oflocations monitored by speed camerasto 75. Since 2001, these cameras have

generated more than $63 million infines. The city's older redlight-cameraprogram has also done well. It's rakedin more than $28 million since 1999.

Washington D.C. is not alone inlooking to profit from ticket cameras.Cleveland Mayor Jane Campbellrecently proposed red light cameras tohelp plug the huge gap in that city'sbudget. The mayor's plan calls for theinstallation of cameras at some of thecity's busiest, not necessarily mostdangerous, intersections. This wouldinsure maximum profitability.

Campbell expects Cleveland topocket an additional $6 million in finesfrom motorists in just a few months.The mayor has moved quickly on heridea, already introducing ticket cameralegislation, proposed ordinance 176-05. The issue of ticket cameras hasn'tcome up for a vote because the councilis bogged down with budget hearings.

The mayor was later forced todiscuss safety after she was criticizedfor ignoring it in her initial publicstatements. She, too, must give anobligatory nod to safety to quiet downcritics, but it's clear that she is drivenby money, not safety.

The recent statements by bothWilliams and Campbell mark adisturbing change. Previously, civicleaders had to at least pretend to beworried about public safety before theycould install ticket cameras. Now, theyare just coming out and saying thedevices are only for raising cash.

For years, the NMA has questionedthe motives behind these cameras.Finally, our claims are beingconfirmed. Surprisingly, it's the very people whose integrity we had challenged who are nowacknowledging we were right. Itseems they have no shame and fewpeople seem to care.

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 9999

MARCH/APRIL 2005

Of Photo Enforcement

Camera NewsAround The CountryHere are a few other camera-related developments:

AlabamaTwo bills that would allow redlight cameras are making theirway through the legislature: SB 200 and HB 428.

District of ColumbiaIt's more difficult to challenge aRLC ticket by showing thatsomeone else was driving.Now, car owners must providethat person’s drivers licenseinformation.

IllinoisChicago is moving forward witha plan to use existing red lightcameras as photo radar units.

IndianaSB 570 would establish a "pilot"program for ticket cameras inseveral Indiana cities. Themeasure will soon go to the fullSenate for a vote.

New HampshireHB 679 would permit red lightcameras. The TransportationCommittee chairman sponsoredthis measure.

OhioRepresentative Raussen hasintroduced HB 56, which wouldprohibit most uses of photoenforcement by police agencies.

UtahHB 219 would have removedcurrent restrictions on photoenforcement. Fortunately, thebill has stalled indefinitely in aHouse committee.

No Shame!

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hat's exactly what Superior Court Judge Lindsay Davis wasdoing. His recent ruling in a lawsuit between the GuilfordCounty Schools and the city of High Point, North Carolina

has sent shock waves through communities using ticket cameras inthe state.

The ruling stemmed from a lawsuit filed by Henry Shavitz, whoreceived a camera ticket that he refused to pay. Instead, Shavitzsued the city and the company that installed the cameras, arguingthat the state constitution requires civil penalties, like thosecollected by the cameras, be used for public schools.

Initially, a federal judge ruled in favor of High Point, but thelocal school district appealed. The case was remanded back toGuilford Superior Court, where Judge Davis heard it. He agreedwith Shavitz that the city was in violation of the state constitutionand that the schools should receive the "clear proceeds" from redlight camera tickets.

This decision could mean a windfall for the North Carolinaschool districts. It could also bring an end to all of the state's redlight camera programs.

Currently, High Point charges $50 for each red light cameraticket. Of that money, $35 goes to the camera contractor and thecity uses the remaining $15 to pay for the program and help fundother programs.

If the school system is awarded all the proceeds from each ticket,High Point and other communities may be forced to end it ratherthan find another way to pay for it. High Point has appealed thedecision. They know the future of these devices is on the line.

At least one community's red light cameras have already beenaffected. The city of Greenville has decided to delay issuingmotorists tickets until it can fully review the impact of the SuperiorCourt's decision. The city had only recently installed cameras andbegun issuing "warning" tickets. The 30-day "grace period" wassupposed to end, but instead, it has been extended.

Greenville City Attorney, Dave Holec, said that Davis' ruling,coupled with a state statute that defines "clear proceeds" as totalpenalties minus administrative costs of ten percent or less, wouldcall into question the feasibility of any ticket-camera program.

Responding to complaints from money-motivated city leadersand camera vendors, State Senator David Hoyle recently introduceda bill (SB35) that would allow cities to cap "clear proceeds" at only$15. This means that the city and vendors could still pocket $35from each red light camera ticket. Hoyle's bill may help some citieskeep their cameras up, but others, including Greenville, would stillnot be able to pay for the program unless their current contracts withcamera vendors are changed.

The future of red light cameras is at stake throughout NorthCarolina. The public will have to wait to see what both the courtsand legislature decide on this hot-button issue.

Think Of The Children!

Seeing “Red:” Continued

t was a good day. An eager, well-informed member of the OhioLegislature had just gotten off the

phone with NMA Headquarters. RepresentativeJames Raussen, was interested in proposinglegislation that would strictly regulate the use of red light cameras in his state.

Currently, Dayton and Toledo are the onlymajor Ohio cities with ticket cameras in place,but Columbus and Cleveland are both movingtowards installing these devices. Raussen alsowatched as civic leaders in Cincinnati, whichneighbors his district, included a measureauthorizing ticket cameras in the city's budget.

Armed with new research showing thenegative impact of red light cameras and plentyof background information from the NMA,Representative Raussen crafted his proposal.He announced the new legislation, HB 56, at apress conference that also featured comments bythe NMA's Communications Director EricSkrum. The bill would allow red light camerasto be used only if a police officer is also presentto witness the violation.

Representative Raussen believes that bill isnecessary to prevent communities from makingthe mistake of rushing to install these devices."Everyone's catching camera fever, and I don'tthink we've had enough debate on this to go thatroute yet," he said. Citing studies that showcamera have not reduced accidents, he wants tocurb their use.

The measure does face staunch oppositionfrom both camera manufacturers and civicleaders who claim to support the cameras forpublic safety reasons. Raussen said he's not surewhether cities are interested in the cameras toimprove safety or to improve their bottom lines."Somebody has to speak up for the public here,"he told the press.

The bill has attracted much of attention bothfrom the press and Raussen's fellow legislators.Already 25 of his colleagues, both Republicansand Democrats, have signed on to the measureas co-sponsors. This is the most co-sponsorsany bill in the legislature currently has.

NMA Works For OH Ban

IITT


MARCH/APRIL 2005

11111111News From Around The Country

t the time of printing, thelegislative information iscorrect. To track the progress

of these bills or for contact informationfor your legislators, you can visit theSpeak Out! section of the NMA website at www.motorists.org/speakout/state.html.

You can also find NMA positionson any of these topics that you can usewhen contacting your legislators onthese issues at www.motorists.org/issues/index.html.

FloridaHB 3 and SB 216 would change the

state's secondary seat belt law into aprimary enforcement law. This wouldallow police to stop and ticket a driversimply because he/she wasn't wearinga seat belt.

GeorgiaThe State Transportation Board has

yet to vote on the proposal to turnGeorgia Highway 316 into a toll road. If approved, the 39-mile trip willcost drivers $4.70 one-way. Officialsclaim tolls are needed to pay for thewidening of the road; However,Georgia already has one of the highest gas taxes in the country.

HawaiiGovernor Lingle proposed

drastically increasing the penalties forspeeding. For example, motorists whoare ticketed for driving 25 mph overthe speed limit, or more than 80 mph,would face a fine of $1,000, a 30-daylicense suspension, mandatoryattendance in a driver-retrainingcourse, and 36 hours of communityservice or jail time of two to five days.That is only the first offense, the moreoffenses the stiffer the penalties.

IdahoSB 1082 would raise the statutory

and maximum allowable speed limiton non-interstate state highways from65 to 75 mph. Currently five other

states have speeds higher than 65 mphon undivided highways and only Texashas a limit of 75 mph.

IowaGovernor Vilsack hopes to further

exploit motorists by increasing thefines for speeding between 50 and 70percent. If his proposal is approved,motorists would also have to payincreased surcharges and court costs.Iowa would add State Patrol officerswith the increased revenue.

New HampshireSome New Hampshire legislators

are trying to pass HB 750 that wouldrequire adults to wear their seatbelts.New Hampshire is the only state thatdoesn't have a seat belt law for adults,yet it has one of the lowest trafficfatality rates in the nation. The bill iscurrently before the TransportationCommittee. The committee'schairperson has said he is against thisbill because it imposes on citizen'sFourth Amendment rights.

New JerseyThe New Jersey Turnpike Authority

agreed to eliminate its 15 percent EZ-pass discount for peak travel times(rush hours and weekends). Under theplan, the discount during off-peakhours on the Turnpike will remain ineffect. Drivers who enter the Turnpikebetween 7 and 9 a.m. and between4:30 and 6:30 p.m. are covered by thepeak period toll rates. Governor Codeysupports the plan to drop the discountand will sign off on it.

North CarolinaRepresentative LaRoque has

sponsored a measure, HB 12, whichwould strengthen lane courtesythroughout the state. The bill wouldmake it illegal to travel in the leftmostlane of a highway with four or morelanes at less than typical speeds. It's been referred to the HouseJudiciary II Committee.

North DakotaThe North Dakota House has

passed HB 1299 allowing a higherspeed limit on paved county roads. The speed limit would be 60 mph on unmarked country roads. The billhas been passed on to the SenateTransportation Committee for review.

South DakotaSpeed limits on divided four-lane

highways in rural areas may beincreased from 65 to 70 mph now that Senate Bill 208 has been signedinto law by Governor Rounds.

Washington A new law establishes standards for

the use of breath tests results in DUIcases. Now, test results that meetseveral basic criteria can be admittedas evidence, making it more difficult tochallenge test results in court.Prominent DUI attorney LindaCallahan is contesting the measure.

WisconsinAB 15 and SB 15 would require

drivers to fill up their vehicles withgasoline containing approximately tenpercent ethanol. The assembly bill wasreferred to the Agriculture Committee.Meanwhile, the senate bill has gonebefore the Natural Resources &Transportation Committees.

AA

Visit one of the NMAweb sites for more

motorist information.

www.motorists.org

www.speedtrap.org

www.roadblock.org


MARCH/APRIL 2005

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Your letters are welcomed and appreciated. This is a forum for diverse opinions, different perspectives, andpersonal experiences. Letters may be edited for length or clarity. Letters should not exceed 300 words inlength. Full-length articles will also be considered for publication in the NMAF NEWS. Articles should notexceed 600 words in length. Positions and opinions expressed in letters and NMA member-authored articlesare those of the author and do not necessarily reflect NMA Foundation policies or objectives. To submit, youcan email us at [email protected] or mail to our NMA Foundation Office.

MEMBERS WRITE

This is in reference to JohnHolevoet's article on the use oftasers (January/February).

"Arrested on charges of misuseof a car horn." Those words simplydo not belong in the same sentence.Absent the very real horror ofsudden involuntary criminalitysyndrome, that line would do anycomedian proud.

I have to wonder how manyvehicles drove by that scene withtheir sound systems cranked up loud enough to induce seismicactivity or how many cars in thatneighborhood have over-sensitivealarms that blast incessantly.

John's article focused on thepolice's somewhat overzealousdesire to violently subdue smallchildren and old ladies, but it also points to a much morefrightening trend.

The United States is well on itsway to becoming a totalitarianpolice state with government andlaw enforcement gaining ever morecontrol over the minutia of our lives.

The more stories I see aboutsmall children being abused at thehands of police and schoolauthorities, the more incidentsreported of elderly and disabledpeople being tasered or peppersprayed, the more I mourn forAmerica.

We live in a society where it is perfectly okay for corporateexecutives to pillage at will, wherethe press has become a propagandaarm of the government, wherefreedom is delivered at gunpoint,and where elections are decided by

judges not voters. But honk a horn,and go to jail. George Orwell'spredictions make Nostradamus looklike an amateur.

Those who would trade freedomfor security deserve neither. It's timeto take our country back.

Steve TrunkSan Diego, CA

I beat a ticket today thanks to thetips from the National MotoristsAssociation! Almost eleven months ago to the day, I wasaccused of speeding. The officerdidn't lock his radar, and he wrotedown my license plate wrong. Iwent to the initial hearing and theywere practically begging me toplead "guilty" and "get it over with"since going to court might be "a lot worse."

When I was assigned a courtdate, I submitted a request fordiscovery. A week before my trial, Igot a letter that only had a copy ofthe ticket and the officer's name.Not included were his trainingrecords, a manual for the radar unit,or copies of the radar logbookpages. I went to trial expecting toask for dismissal or at least acontinuance since I didn't get mydiscovery request granted.

My case never even went thatfar. After an initial roll call, theycalled out my name and said that Iwas free to go. I don't know if theofficer didn't show up, or if theyknew that I had a case. I was therefor all of ten minutes.

I learned to never, ever plead

"guilty." Make the system work foryou! Even if it doesn't work, atleast you have the satisfaction ofknowing that they spent more time,effort and money than a fine.Always plead "not guilty!"

Jay MeinenMagnolia, TX

Your lead article, National ID:Why Not? (January/February) wasone of the most insightful andpowerful pieces I've read in a longtime. You showed in a very forcefulway, the consequences of casuallyrelinquishing our rights with verylittle thought. It should be requiredreading in high school civicsclasses. Congratulations, and please, keep up the good work!

Jake BenderReading PA

I just received the latest issue ofNMAF NEWS, and read withinterest Robert Cox's letter insupport of a National ID. Mr. Cox is rightly concerned that existingforms of ID such as green cards,social security cards, and driver'slicenses can be easily forged orpurchased on the black market.

Unfortunately, he doesn't seemto realize that it is those forms thatwill be used to acquire the NationalID in the first place. It doesn'tmatter if the cards themselves areunable to be forged and unalterable,

continued on page thirteen


MARCH/APRIL 2005

11331133

if false information can be placed onthem when they are first issued.Moreover, because there willnecessarily be a human elementinvolved in the process, there willalways be the opportunity to usebribery and blackmail to acquire aNational ID card.

In short, it is impossible tosecure the process.

Moreover, if it comes down to it,terrorists will simply enter thecountry under tourist or studentvisas and wreak their havoc with noneed for our own ID card.

The potential downside ofnational ID cards is huge; the upsideis effectively nonexistent.

Paul SchmidtPlymouth, MA

I am a life member of the NMAand am delighted with the great jobyou folks perform on behalf of usbenighted motorists.

Your article in the January/February issue (RadarGate) struck achord. My son got a speeding ticketin Erie, Pennsylvania. If GHS standsfor Genesis handheld, then it waswith the type of unit described in thearticle. Given the inconvenience anddifficulty of fighting the ticket (helives in a different state), he pleadedguilty and paid the fine.

Keep up the good work.Lew Golovin

Parsippany, NJ

Members Writecontinued from page twelve

Don’t Get Fleeced At Your Next Traffic Stop!Fight that ticket by renting the NMAF Legal Defense KitTM

Call 800/882-2785 to rent this kit.

What Really, Really Happens...by Ivan Sever, Massachusetts State Chapter Coordinator

wo years ago I wrote a littlepiece for the NMAF NEWS,titled What Really Happens

During The Test.In 1999, under the threat of loss

of federal dollars, "improved" carinspections were introduced inMassachusetts and the fees weredoubled. A year later, the percentage of rejected cars remained virtually the same. However, in 2003, theBoston Globe revealed that the U.S.Environmental Protection Agency hadlaunched an investigation into thestate's auto emissions program afterallegations surfaced that state officialshad known for two years that the newtest never accurately measured two keytailpipe gases.

All that really didn't matteranymore, since by now the state wasphasing in yet another test, the "On-Board-Diagnostics Check." Instead ofrunning the car on a dynamometer, forwhich most stations had just finishedpaying, they now hook up the car to adisplay. Unless your "check engine"light is on, you're good to go.

So, when two years ago the "checkengine" light came on in my mother'sFord Contour the day after it passed itsemissions "test," I took her car back.

"As of today, I guess my mother is apolluter," I said to the mechanic.

"Not necessarily," he replied. "Theproblem could be electrical ormechanical—you just can't tell from a light. To find out what's wrong, you could be spending a lot of moneyright now, or you could simply wait for two years."

"But won't it have to pass nextyear's inspection?" I asked.

"That one will just be a 'safetycheck.' You know, Do the blinkers, that

people don't use, still work?"I decided to tape over the stubborn

light, and during the next two years,my mother raked up another 5000miles on her Contour.

Then the time came to deal with the"check engine" light again. "Your cargot rejected," said a mechanic after Ipaid him the required $29. "Your'check engine' is on."

"I know. Can you fix that?" I asked."Sure. It must be the vacuum valve.

That'll be $44," said the state-certifiedemission repair technician.

Driving away, the light came backon... "Hmm," he said and scratched hishead. "I don't have the diagnostic tools.You better take it to a dealer."

At the dealership, the serviceadvisor knew right away the engine'sentire wiring harness just had to bereplaced. "The good news is, it'll be atno charge to you."

"So what's the bad news?""It will take a week..."A week passed. I walked into the

service area and saw immediately thelight was still on. The mechanic wason the 'Hot Line' with Ford MotorCompany. "Well, nobody reallyknows," he finally reported to me.

"So how is this car going to pass theinspection?" I asked.

"Well, you don't really have to. Ifyou spend over $300 on repairs, you'llbe exempt."

"And is the car really polluting?" I asked.

"Probably not... but nobodyknows," repeated the mechanic.

I paid him the $300 and calledDMV for exemption.

Now my mother's car is good to gofor another two years—and another5000 miles.

TT

Have a friend join theNMA and you’ll get an

extra three monthsof membership

FREE!


MARCH/APRIL 2005

11441144

o you have a question thatonly an expert can answer?If so, look no further. We

have many NMA members withspecial fields of expertise. Thisfeature was created to assistmembers with answers to bothpractical and technical questions.

This sharing of knowledge isanother benefit of belonging to theNMA. Please indicate that you arean NMA member when calling alisted “Expert.”

Can you help? Please contact uswith your field of expertise andprovide us with a contact address.

A telephone number would be veryhelpful, but is not required. Feelfree to list preferred contact times ifyou do provide a telephone number.

PLEASE NOTE: This is notintended for listing of commercialbusiness services.

DDThe Experts’ Corner

As an NMA member, the Experts’ Corner is available to you online at

http://www.motorists.org/join/membersonly/experts.html


MARCH/APRIL 2005

11551155

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Beat Your TicketState and local governments are increasingly relying on traffic ticket revenue fordaily operations. This book gives responsible motorists the means to protecttheir rights by addressing many types of tickets: speeding, reckless driving,defective equipment and more. Author David Brown practices law inMonterey, California. This is the latest in a series of books where he is lookingout for the driver.

Member Price: $21.95Non-Member Price: $29.95Quantity________________$ Amount_______________

JoyridingDescribed as a “Manual for learning the fundamentals of masterful driving,”this book is based on the premise that driving is just about the greatest thing ahuman being can do. Driving is a skill to be honed and refined into a fine art.And yes, driving is a responsibility with consequences. The author extols thevirtues of driving well. He acknowledges the importance of "safety, butcorrectly points out that safety is a byproduct of being a good and skilled driver.


Speeding Excuses That WorkThis book is a 157-page combination of personal war stories, humor, and ticketavoidance tactics. The book maintains a stream of wit and is an easy read.There's good advice scattered throughout the book, advice that goes beyondtalking your way out of a ticket. These topics include avoiding tickets in thefirst place, safety tips for women involved in traffic stops, and debunkingpopular myths about traffic tickets.


Subtotal __________S/H (see chart below) __________Total __________

This is a brief list of products available to you. For a complete list, visitour Motorist Marketplace at www.motorists.org or call 800-882-2785.

Ohio Traffic Tickets Are For The Birds

This book is an extremely detailed manual on how to fight traffic tickets in Ohio(although there are some parts of the book that would apply in other states). Notonly does it cover speeding tickets, but it also gives advice on other types oftickets (i.e. tickets based on traffic signs, "right-of-way" tickets, etc). This bookincludes helpful checklists, statutes, and forms that you will use in preparingyour case. If you want to be prepared to fight a traffic ticket of any sort, thisbook is a great start.


NATIONAL MOTORISTS ASSOCIATION NEWS

NATIONAL MOTORISTS ASSOCIATION FOUNDATION402 West 2nd Street, Waunakee, Wisconsin 53597

If your NMA membership expiration date is on (or before) 05/01/05,this is your last issue of NMAF NEWS.PLEASE RENEW NOW TO AVOID ANY LAPSE!!!

State Chapter Coordinators and Activists

ADDRESS SERVICE REQUESTED

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PAIDMadison, WI

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As an NMA member, the State Chapter Coordinators and Activists are available

to you online at http://www.motorists.org/join/membersonly/sccact.html

edicated volunteers who monitor, publicize, and lobby critical motorists’ issues, for you, within your state.They can also provide insights on how to best fight a traffic ticket in your state.DD

by james j. baxter, president, nma a · 6/5/2015 · misfits, hunters and firearm enthusiasts...

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