tickets and taxes a - national motorists association - … hope that we can stop federal highway...

2222NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

JULY/AUGUST 2005

TABLE OF CONTENTSVOLUME 16 • ISSUE 4

Tickets And Taxes...........................................2NMA Washington Report................................3We Love Horsepower .....................................3Yellow Means Go.............................................4Parking For Free..............................................4NMA Foundation Lends Support To ACLU Challenge.........................................6Oklahoma Victory............................................6Safety Stop Or Big Brother?..........................72005 Legislative Fund Update .......................7Tolls: Making You Pay Twice For Your Roads ......................................................8Ticket Camera Trifecta..................................10New York State Of Mind ...............................10Staties, Town Cops Clash On Patrol Tactics.................................................11NMA Sponsors A Car Enthusiasts Event...11News From Around The Country ................12Members Write ..............................................13The Experts’ Corner......................................14NMA Items For Purchase .............................15State 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.

Tickets And Taxesby James J. Baxter, President, NMA

EDITORIAL STAFFManaging Editor:........................Eric SkrumEditorial Assistant: ..............Heidi KatchkeyGuest Writer: ..........................John HolevoetGuest Writer:......................Casey Raskob IIIGuest Writer:..........................Debra GliddenGuest Writer: ................................Ivan Sever

COVER“Horsepower”

Photo by Steve Carrellas

recent news article described asurvey of speeding ticketsissued by various states. The

numbers were largely those generatedby state police and did not includetickets issued by other units ofgovernment. The one number thatjumped out and grabbed my attentionwas "400,000," the approximatenumber of speeding tickets issued byWashington, D.C.

With half a million residents, D.C.issued almost one speeding ticket forevery person in its jurisdiction, thisbeing the product of its aggressive useof photo radar. California, with 35million residents, issued just under amillion speeding tickets. One need notbe a mathematician to discern someimbalance in this comparison!

Even D.C. city politicians arehaving some difficulty justifying asystem that rapes the motoring publicto this degree. One glimmer of light isthe public admission that D.C. speedlimits are absurdly low on majorthoroughfares. In an attempt topreserve the photo radar cash-cowprogram, D.C. officials are looking tohead off a major assault by modestlyraising a few speed limits and therebyventing potential pressure that mightdevelop in opposition to photo radarenforcement.

Obviously, they can't go too far andset legitimate speed limits throughoutthe city. This would end the revenuestream. More likely there will be token five-mile per hour speed limitincreases on roadways with prevailingtraffic speeds that are 15 or 20 mphabove posted limits.

Setting aside the political gyrationsin D.C. I do marvel at this wholesurreal scenario. Here we have adysfunctional city operated more orless as a fiefdom of arguably the mostpowerful government on the planet andit's running a transparent shakedownscheme under the guise of "safety."Relatively bright opinion leaders andmedia functionaries seem "challenged"

and unable to grasp the fact that thisfarce (photo radar) is simply adiscriminatory tax that has absolutelyno connection to safety.

Add the fact that this is taking placein a region of the country with sup-posedly some of the most powerful,sophisticated, influential, and savvypeople in the world and it causesconsiderable concern about the future of the human race. Just how bad does it have to get before thevictims of this system start spittingnails and demanding change?

We are seeing growing interestaround the country in employing photoenforcement, especially in cities withfinancial problems. With examples likeD.C., where tens of millions of dollarsare being raked in, it's not hard tounderstand the temptation. Amazingly,some of the wannabes are not heedingthe trail blazed by Washington andother East Coast cities. Instead ofsmall fines and no points on yourrecord, the Johnny-come-latelys areassessing huge fines, points, andescalating both with successive tickets. Hopefully, the result will be far more citizen resistance.

So, what can you do? If a nearbycity, or the one you live in, proposes orinstalls ticket cameras, write a letter tothe local paper stating your intention totake your business elsewhere, withcopies going to the chamber ofcommerce and selected businesses.Support and vote for local candidatesthat oppose ticket cameras. Ask yourstate legislative representatives tointroduce and support legislationoutlawing the use of ticket cameras.Attend city or village meetings whenticket cameras are being discussed andvoice your opposition. And, fight anyticket camera citation you receive tothe best of your ability.

Photo enforcement is simply a moresophisticated speed trap, just anotherway to rip off travelers through trafficlaw enforcement. Let's not go quietlyinto the night.

AA

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 3333

JULY/AUGUST 2005

he Transportation Bill, whichwould fund our nation'shighways through 2009, is

coming to a head this month, andNMA is fighting to protect yourrights from further federal intrusion.

Prior to this legislation passingthe Senate, I worked with represen-tatives opposed to a requirement that would make certain states pass primary seatbelt laws in order to receive highway funding.Specifically, Senator George Allen(R-VA) wanted to provide analternative to this heavy-handedstipulation. A diverse group oforganizations worked withlegislators from Maine and NewHampshire to secure support for thisinitiative. Unfortunately, despitebeing good public policy, the AllenAmendment didn't receive enoughvotes to become part of the bill.

The Transportation bill is now inConference Committee, a legislativeprocess that provides the House and

Senate an opportunity to work outdifferences between their two bills.In this case, the major fights areover funding discrepancies. TheConference process doesn't allowfor much disclosure—it is in thisenvironment that backroom dealsmost often prevail. As a result,predicting the outcome of aconference can be challenging.

In conference, I'm seeking toremove references from the legis-lation that would authorize federalfinancing for red-light cameras andautomated speed enforcement. It isour hope that we can stop federalhighway dollars earmarked for thehighway safety program from beingspent on automated-enforcementtechnologies. Currently, however,it's not clear how our proposal willbe received.

I am also working to limit anyexpansion of HOT (HighOccupancy Toll) lanes or toll roads.Sadly, it appears that tolls are here

to stay, and more are probably onthe way. A fallback position is torestrict tolls, so that they could onlybe used to fund new lanes orroadways. Under this plan, tollrevenues would be dedicated strictlyto highway improvements, and tollswould have to be removed when thedebt for construction or repair ispaid off. Along those lines, we'resupporting a proposal originallyoffered by Senator Wayne Allard(R-CO) that would provide someprotections against abuse of the toll system.

Until the White House, theHouse, and the Senate can come toan agreement on the final fundinglevel for the overall bill, the horsetrading on provisions within thebills will not begin in earnest. Now and through that time, I will continue to promote thepositions that are important to NMA members.

NMA Washington Reportby Robert Talley, NMA Lobbyist

We Love Horsepower!by Eric Skrum, Managing Editor

n the cover of this month's issueof NMAF NEWS, you willnotice a lovely lady on a horse.

If you look closely, you will see anNMA logo on the saddle blanket.

The photo is of Martha Carrellascompeting at the Somerset HillsHandicapped Riding Center's 21stAnnual Horse Show. She and herhusband Steve (the NMA's very ownNew Jersey State Chapter Coordinator)decided they wanted to help the horse show by sponsoring one ofthe horse teams.

They also decided to kill two birdswith one stone by using the NationalMotorists Association's name as thesponsor. Not only did the horse showreceive a nice donation, but the NMAalso received some nice publicity.

So why report this in thenewsletter? The Carrellas' actionshighlight a great way that NMAmembers can promote ourorganization. Just because theoccasion isn't motorist-related, itdoesn't mean that you can't promotethe NMA. Personally, I support a local

theater group by purchasing ad spacefor the NMA in their programs.

What does theater have to do with the NMA? Not a whole lot, but my advertising money helps thetheater group and the ad helps get theNMA's name more exposure than ithad before.

This can be applied to many other situations. If you would like to help a local group while using the NMA's name, please contact us at 608-849-6000.

OO

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NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS

JULY/AUGUST 2005

4444

Parking For Freeur story begins with ChuckPascal, an attorney who decidedto fight the $5 parking ticket

he received in Butler, Pennsylvania.During his preparations, Pascal found a state law that requires all parkingmeters to be certified every three years. Cities and counties that did not want to or were unable to conductthe necessary testing and certificationthemselves were supposed to rely onthe state's Weights and MeasuresDivision for assistance.

Only Philadelphia and Pittsburghcertify their own meters. Meanwhile,the understaffed Weights and MeasuresDivision is unable to handle all theother necessary certifications. Thismeans that most cities, includingButler, have simply ignored thecertification requirement.

Pascal won his case after ButlerPolice Chief Timothy Fennell admitted that the town's meters were not certified. Pascal wasvindicated, but he also succeeded in forcing other municipalities to have their meters tested.

City and town officials are now

begging state regulators to come andtest their parking meters. The processcalls for every meter head to be pulledoff and brought to a central testinglocation, where workers drop a coininto each of them and check theiraccuracy against a clock for two hours.By law, meters cannot shortchangemotorists, nor can they give more than nine minutes extra time for every two hours paid.

Several cities, such as Harrisburg,Wilkes-Barre, and Scranton, havealready had their meters certified, but dozens of others remain in parking meter purgatory. Butler and several other communities across the state have stopped issuing parking tickets until theirmeters can be certified, although not everyone has been as sensible.

Some municipalities were unwillingto give up the thousands of dollars inrevenue they make from parkingviolations, and continued writingtickets even though their meters hadnot been certified. To make mattersworse, hundreds of parking metershave been found to be seriously

inaccurate since the rush to have themcertified began.

In the Borough of Bellefonte alone,200 meters failed to be certified.Bellefonte is now scrambling to re-place those meters at a cost of $30,000.

Since the Weights and MeasuresDivision is still not adequately staffed,it will likely take several months for allparking meters throughout the state tobe certified. In the meantime, munic-ipalities will lose thousands of dollarsworth of parking fines, and you mayget away with parking for free.

DRIVE IN COMFORT

ENDWALLET BUTT

www.endwalletbutt.com

raffic engineers in Beaverton,Oregon have been testing theuse of blinking yellow left-

turn arrows to facilitate the flow oftraffic at intersections and reducethe congestion that can occur in thededicated turn lanes.

This is how it works: Motoristswill still have the green (protectedleft-turn) arrow while the oncomingtraffic stops at a red light. And, they will still have the red arrow to signify that they cannot turn left. The blinking yellow lightcomes into play when it's safe for the driver to exercise discretion

and initiate left turns.In 2002, Beaverton was among

cities invited to test the left-turntechnology in a Federal HighwayAdministration study. Testing forthe system has been so successfulthat yellow blinking lights willbegin to be used across the nation in the next few years.

There's only one small problem.Most drivers aren't aware of theselights and what they should do whenencountering them. One of theinitial responses to the lights was anoticeable delay in traffic.

Other motorists thought they had

the right-of-way because of theflashing yellow light. Twoaccidents were reported as havingoccurred due to this confusion.

However, this problem is easyenough to address. An educationaleffort funded by the FederalHighway Administration would be agreat start. It would be one of thoserare instances when federal moneywas actually spent on educating thepublic in regard to a bona fide safetyprogram, rather than the usual anti-motorist propaganda we see inpublic service announcements andmost media coverage.

OO

Yellow Means Go

TT


JULY/AUGUST 2005

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NMA Foundation Lends Support To ACLU Challengeby John Holevoet, Director of Development


JULY/AUGUST 2005

6666

he American Civil LibertiesUnion (ACLU) of NewMexico is taking the city of

Albuquerque to court over two newordinances that allow the city's policeto seize the vehicles of motoristssuspected of drinking and driving, or any vehicle that has received twored-light-camera tickets.

Mayor Martin Chavez and theAlbuquerque city council have usedthe city's "public nuisance" ordinanceto justify permanently seizing the carof anyone accused of a DWI. Sim-ilarly, someone who receives a secondred-light-camera ticket would lose hisor her vehicle for 30 days, even if theowner was not driving the car.

Peter Simonson, ACLU-New

Mexico's executive director, correctlystates that these new repressive lawsturn traditional due process on its head."The City has created a system where-by everyone who is accused of thesecrimes is automatically consideredguilty," Simonson said. "That's not fairand it's not constitutional. Peopledeserve their day in court."

Mayor Chavez claims he expectedlegal challenges to the laws, but inrecent press interviews, he seemedfurious that the ACLU wouldchallenge his perceived dictatorialpower. "I've had it. I'm sick of it,"Chavez said. "On my watch, we aregoing to have these laws."

For the time being, Chavez willhave to wait. District Court Judge

Theresa Baca issued a temporaryinjunction against the enforcement ofthe laws. Meanwhile, ACLU-NewMexico and the city are preparing theircases for a mid-August trial date.

The ACLU's complaint asserts thatthe law misapplies the nuisanceabatement law, violates the motorists'privacy, disregards due process, andignores a person's right to confronttheir accuser(s). "The city is declaringvehicles a public nuisances in order toleap-frog normal trial procedures andgo right to the punishment phase,"ACLU attorney George Bach said.

To NMA members, the numerousproblems with these oppressivemeasures are self-evident. Concernsabout due process and privacy are onlymade worse because these laws arebased on questionable enforcementtechnology like ticket cameras andBreathalyzers.

The NMA and NMA Foundationboth have long-standing positionsagainst harsher, yet still ineffective,DUI laws and the use of unsafe,money-grubbing ticket cameras. Forthat reason, the NMA Foundation'sGrant Review Board decided to issue aLegal Aid Grant to the ACLU-NewMexico to aid in their defense ofmotorists' rights in Albuquerque.

"Motorists are often the first to betargeted by laws threatening personalliberty and undermining due processrights," said James Baxter, NMAPresident. "It's our hope that this grantwill encourage the ACLU in NewMexico and beyond to more stren-uously defend motorists' rights."

TT

Oklahoma VictoryIn May, the National Motorists

Association was approached by GaryHuddleston, a professional lobbyistfrom Oklahoma.

It had come to his attention thatOklahoma motorists were about tolose a valuable protection that hadbeen in place since 1974. This statelaw prohibited the Department ofPublic Safety from assessing pointsto your driving record if you got aspeeding ticket in a speed trap on aninterstate or a U.S. highway. Thismeant that every time a motorist gota speeding ticket, their insurancecompany couldn't raise their rates!

One of the many provisions ofHB 1502 would remove thisprotection. The problem was thatHuddleston had learned of HB 1502too late. It was already in front ofGovernor Henry.

That's when Huddlestoncontacted the NMA. He wantedhelp in getting this bill off thegovernor's desk.

Members of the NMA contacted

the governor and NMA'sCommunications Director, EricSkrum did numerous mediainterviews on the topic as well.

The Department of Public Safety(DPS) applied all possible pressureto the governor for his signature dueto the other elements in the bill. Thefact that the Oklahoma Legislaturewas in the last two weeks of itssession added even more urgency totheir efforts. Despite our efforts, thebill was signed.

This didn't stop us. Due to thepressure and attention the NMAbrought to this issue, Huddlestonwas able to extract an agreement thatthe DPS would use one of theirtrailer bills (HB 1993) to reinsert thelanguage that was repealed by HB1502.

HB 1993 did go in front ofGovernor Henry and was signed intolaw. This is one that the NMA andits members can put in the victorycolumn.

Have a friend join the NMA and you’ll get anextra three months of

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FREE!

t has come to light that theWashington D.C. police havebeen using safety roadblocks as

information gathering tools.Since 2002, when the police stop

motorists at "traffic safety check-points," they record the name, address,physical description, and birth date ofthe driver. This may seem normal.After all, this information is readilyavailable on a person's driver's license.However, the police take the extra stepof recording the driver's telephonenumber, the time and specific locationof this stop, and all the previouslymentioned information on each andevery person in the car.

This information is subsequentlyentered into a database that is linked toa computer that includes arrest recordsand mug shots of criminals.

This database is then used by thepolice in crime investigations. If anincident occurred in an area around the time that you were there, the police can track this. You potentiallybecome a witness to the incident oreven a suspect.

If that wasn't disturbing enough,this problem is exacerbated by the fact that many of the roadblocks areoccurring in areas where crime, nottraffic safety, is the main concern.This demonstrates that the true reason for the roadblocks is to gatherinformation on the movement ofcitizens, rather than to issue tickets for not wearing a seatbelt or having an expired sticker.

When this point was brought up,D.C. police Chief Charles H. Ramseysaid, "Residents in crime-plaguedneighborhoods often complain atcommunity meetings about traffic,speeding, phony tags, all those kind of things. They're asking for trafficenforcement, too."

Somehow, I don't think this is reallythe case. So where is the benefit to thepolice in having these checkpoints?D.C. homicide Detective Paul Regan

provided the answer when he said thatthe collection of such data has been "agreat intelligence tool."

Is gathering information a good

justification for stopping motorists?For now, that seems to be the case inour nation's capitol.


JULY/AUGUST 2005

7777

22000055LLegisslaativve

FFuund UUppdaate

A heart-felt "thank you" goes outto every single person whocontributed to this year's NMAFundraiser. We're well on our wayto reaching our goal of $60,000, andthere's still time for you to help usmake this goal a reality.

Your donation will keep our newlobbyist hard at work for us inWashington D.C., while also aidingthe NMA in its legislative efforts atthe state and local level.

2005 has been a year of manysuccesses for the NMA, and withyour help even greater progress isahead of us. Please, take a fewmoments to complete and return thedonation form.

(Please print clearly)

Member Number

Name

Address

City

State Zip Code

Detach and mail to:National Motorists Assocation

402 W. 2nd StreetWaunakee, WI 53597

Please make checks payable to: NATIONAL MOTORISTS

ASSOCIATION

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I prefer to use my: Visa MasterCard _____Exp Date

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Safety Stop Or Big Brother?by Eric Skrum, Managing Editor

II

Short On Cash? Try Tolls!As more and more states look for solutions to

their budgetary woes, tolls are on the rise across the nation.In the past two years, more than a third of all toll roadsincreased the amount motorists are charged to use them. An unprecedented increase, with several toll authoritiesraising rates for the first time in over a decade.

This year, the Pennsylvania Turnpike, which linksPhiladelphia to Pittsburgh, raised its tolls by 44 percent. In January, the Illinois Tollway raised charges 56 percent.Authorities in New York, California, Maryland, andVirginia have approved more modest increases in tolls.

This means motorists, who are already facing record gas prices, must also pay more than ever in tolls. Evenmore frustrating is that the toll increases are sometimes used for projects other than for roads, such as light rail orcanal maintenance. For example, Virginia recently raisedtolls on the Dulles Toll Road to fund an expansion of the

regional subway system. Not all motorists have passively gone along with the

increase in tolls. In Northern Virginia, more than 1,600people have signed up with www.notollincrease.com, which urges motorists to boycott the Dulles Toll Road.

In Illinois, which nearly tripled tolls for some truckers,officials saw a 7.7 percent drop in the number of trucksusing the toll roads in January compared with a year earlier.The result—many local roads in the already crowdedChicago suburbs have become clogged with trucks avoiding the tolls.

Despite popular opposition, cash-strapped governmentsare more than happy to listen to toll proponents offeringthem a solution to shortfalls in state funding. The NMA isworking to send a message to all elected officials: the publicopposes tolls and those who support them will find them-selves without the public's support.


JULY/AUGUST 2005

8888Tolls: Making you pay

Tolls on I-95 in Connecticut may sound familiar, particularlyif you drove that road back in the 1980s. Even if you doremember the tollbooths on I-95 (the last one was dismantledabout 20 years ago), they probably seem like a distant memory.

The Transportation Strategy Board is trying to change allthat. They want money to conduct a study on reviving tolls.They argue that tolls would help the state pay for new infra-structure improvements. Apparently, asking the state to befiscally responsible and to spend its transportation funds morewisely is out of the question. Tolls are the "only" solution.

Board members have also failed to take into account federalrules that prohibit states from receiving certain federal highwayfunds if they revive tolls on roads where tolls had been repealedor never charged. If tolls return to I-95 in Connecticut, theywould have to compensate for the lost federal funds before any additional revenue could be realized.

Governor Rell did not include money in her proposed budgetfor the toll study, but that didn't stop strategy board membersfrom seeking out legislative support. Fortunately, tolls facestrong opposition from several key legislators.

Beyond the strategy board's desire for more money, they also make the incredible claim that tolls will help reducecongestion. Anyone who has ever sat in a traffic jam caused by a tollbooth knows this claim is totally ridiculous. But board members insist that by using EZPass, an automated

payment device, congestion would be reduced. However, even in areas where that technology is in use,

slowdowns are commonplace. Additionally, those motoristswithout auto-payment devices would have to wait in line for aface-to-face transaction with a tollbooth attendant.

Proponents of tolls also favor auto-payment systems becausethey make paying tolls more palatable. In testimony before thestrategy board, Walter Kristlibas of the New Jersey TurnpikeAuthority claimed that motorists who use EZPass "…don'tmind paying the toll and they love every second of it."Comments like this make it pretty obvious that bureaucrats likeKristlibas have never actually discussed tolls with the motoristswho get stuck paying them.

Strategy board members have said that they will not make an"official" decision concerning tolls until, and unless, a study isundertaken on their feasibility. Luckily, that may never happengiven several legislators' opposition to tolls.

State Representative Antonio Guerrera, co-chairman of thelegislature's transportation committee, said that the idea ofreinstating tolls is impractical because of the sheer trafficvolume along the I-95 corridor. Others are worried about themany safety issues associated with tolls. After all, the move todismantle tollbooths on I-95 came following a devastating crashinvolving a truck and several cars lined up to pay a toll. Sevenpeople were killed in the accident.

History Repeats Itself

Move over EZPass, there's a new kid in town. Officialsin London, England have recently unveiled plans to chargemotorists up to 80p ($1.46) per mile to drive on city roads.The new tolls will be assessed through the use of a satellitetracking system that will monitor a vehicle's movement.

London has a head start on most cities when it comes toinvasive tolling technology. Testing of a separate system ofelectronic tags is already underway. Tags have been install-ed in 110 test vehicles that transmit to roadside beacons,which then deduct toll charges from a pre-establishedaccount. This scheme is expected to be in wide use by 2009.

The satellite toll system won't be up and running until2015. Mayor Ken Livingstone hopes that the system willgive the city the tool it has long sought to control freedom ofmovement. The satellite tracking devices would chargedifferent per-mile fees depending on where a motoristdecided to travel and when.

At peak times, the rate from the outskirts of London to

the North and South Circulars would be 16p ($0.29)per mile. Drivers travelling from the North Circularto the boundary of the current charging zone would becharged 48p ($0.87). Inside the zone, the toll would rise to80p ($1.46) per mile. That would only be the beginning; thetolls could also be customized for type of vehicle, differenttimes of day, localized traffic, and even special events.

London's proposed hi-tech tolling is certainly moreelaborate than auto-payment devices like EZPass already inuse in the United States. Satellite tolling, however, is notcompletely unlike EZPass. For example, many statesalready use EZPass-like devices to charge graduated tolls todiscourage travel in certain areas at certain times.

Also, both devices share a common purpose—to maketolls less obvious. Bureaucrats hope that if you don't have tophysically reach for your $2.00 in quarters, you won't mindpaying to "maintain" the roads you've most likely alreadypaid to build.

NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWS 9999

JULY/AUGUST 2005

twice for your roads!

New Tolls Planned For the Capital Region

Tolls Go Hi-Tech

An article mentioning the numerouspro-toll provisions in the current trans-portation bill appeared in the May/Juneissue of the NMAF NEWS. It appearsthe folks on Capitol Hill aren't the onlyones who have been doing a lot ofthinking about tolls, particularly HOTlanes. (HOT—High-Occupancy Toll—lanes are toll lanes that are only free for vehicles containing a certain numberof people.)

Virginia transportation officialsrecently signed a deal with two privatefirms to build two HOT lanes parallelingthe Capital Beltway. The lanes will beseparated from the rest of traffic.Officials plan to keep them fromclogging with traffic like the rest ofperennial gridlocked Beltway byincreasing the toll amount motoristswould have to pay as the amount oftraffic rises.

State Transportation Commissioner

Philip Shucet has praised the new lanesfor adding much-needed "new capacity,"but he ignores the fact that this "newcapacity" will be strictly limited, and will most likely cause more trafficproblems than it solves. He also fails tomention that every HOT lane eliminatesa corridor for a regular lane, whichusually is already purchased withmotorist tax dollars.

The new lanes will be in the middle of the current Beltway and will have alimited number of access points wheremotorists can merge back into regulartraffic. This is sure to cause further slow downs at each of these so-called"access points." Furthermore, the speeddifferentials associated with separatedHOT or HOV (regular carpool) laneshave been shown to result in a highnumber of accidents.

Another concern is enforcement,which is normally a problem for carpool

lanes. The private investors behind thenew lanes plan to use an extensive videomonitoring system to catch anyone who"wrongfully" avoids toll. After all,they'll be eager to recoup the over $900million they must invest to build theadditional lanes.

The lanes represent the first phase of an extensive network of toll lanesplanned across the region. Virginiaofficials are considering additional HOTlanes on parts of Interstates 95 and 395,and Maryland officials are exploringexpress toll lanes on the Beltway, I-270,the Baltimore Beltway, and I-95 north of Baltimore.

Outside of the capital region, HOTlanes are already in use in California and Texas, and similar lanes arescheduled to open in Minneapolis and Denver this year.

ew York has figured out yet anotherway to be paid for the same trafficticket. The first is the fine. The

second is the surcharge ($55 dollars), andDriver Responsibility Assessments (DRAs)are the third way.

In New York, bills associated with DRAs have gone out for the first time. Anymotorist, who received six or more points onhis/her license after November 18th, 2004will now have to pay the state at least $100per year for three years. The annual fine canrise as high as $225 for those with more thansix points.

To make this even worse, just one typicalNew York speeding ticket can be classified asa six-point violation. That means the averageticket, including the standard fine and sur-charge, is now going to cost you $500. Mostdrivers who get a ticket, but have cleanrecords, will be able to get a reduction inpoints. However, if you live in New YorkCity, these new fines will disproportionatelyaffect you. The Department of MotorVehicles runs the Traffic Violations Bureau inNew York City and they don't allow anyreduction in points.

The DRA assessments were slipped intothe Budget via a finance committee adden-dum, and were part of the huge budget uponwhich voting is automatic— almost Sovietstyle. There was no real chance to nip this inthe bud, as it ran silently through the halls ofthe legislature.

In addition to the increase in moneycoming from the pocket of motorists, thislegislation has other negative ramifications.Failure to pay the ticket and/or DRA willresult in a suspension of your license.Because many people move without properlyinforming the Department of Motor Vehicles,they will miss the DRA notices. Somemotorists will also mistake the notice for arecord of a ticket they already paid, and willdiscard it. Still others won't have the moneyto pay the DRA.

These assessments won't make motoristsmore responsible, but they certainly willmake the state a lot more revenue.


JULY/AUGUST 2005

11001100Ticket Camera Trifectaby John Holevoet, Director of Development

s we reported in the past,2005 has seen a flurry oflegislative activity

relating to ticket cameras, every-thing from bills banning the useof photo enforcement to billsfunding photo radar. The NMAhas played a prominent role instanding against the spread ofticket cameras and is pleased toannounce three new victories on this front.

NevadaA bill that would have

authorized a two-year "trial"program of both red lightcameras and photo radar wasdefeated. The efforts of NMAActivist Chad Dornsife wereessential in derailing thelegislation. After a watered-down version of the original billpassed the Senate, there was realconcern that cameras would startcropping up across the state, butthe chairman of the assemblycommittee that was supposed toreview the measure didn't evengrant it a hearing.

Through it all, Chad was busy talking to legislators,handling media interviews, and getting the word out aboutphoto enforcement's many faults.Nevada motorists owe him a debt of gratitude for his hardwork on this matter.

AlabamaTwo bills, HB 428 and SB

200, would have introduced red light cameras to the CottonState. The twin bills would haveallowed municipalities to issue aticket of up to $250 to the ownerof a vehicle whose license platewas photographed going througha red light.

Concerns over motoristprivacy played heavily into the

debate over the bills. "I'm nottoo much for government spiesup on telephone poles or wher-ever to catch people runninglights," said Senator Tommy EdRoberts. "That would just be a revenue raiser." African-American legislators also joinedin opposition to the measuresfearing the cameras could beused to commit racial profiling.

ConnecticutHB 5744 would have permit-

ted both red light cameras andphoto radar, but it languished inthe last days of the state's legis-lative session. The defeat of thisbill was particularly importantbecause it had expanded from anauthorization of red lightcameras into legislation thatwould have done even moreharm to Connecticut motorists.

First of all, it was amended to allow for photo radar. Then it was altered to enablemunicipalities to bypass aprevious state law, and keep the majority of ticket camerafines—making the abuse of thistechnology by cash-strappedlocal governments inevitable.Fortunately, the letters andemails that numerous NMAmembers sent in opposition tothis bill were successful.Connecticut remains free ofphoto enforcement!

The recent successes inNevada, Alabama, andConnecticut join a list of NMA photo enforcementvictories, which include wins in Virginia, Indiana, NewHampshire, and Utah. Withpopular opinion now turningagainst the cameras, these statesare only the beginning.

NY State Of Mindby Casey Raskob III, Esq., New York Activist

AANN


JULY/AUGUST 2005

11111111Staties, Town Cops Clash On Patrol Tacticsby Debra Glidden, Reporter, The Daily Item

eprinted with permission fromThe Daily Item. This appearedin the May 24, 2005 issue.

NAHANT, MASS.—Nahant Policeand State Police have drawn battle linesalong the causeway.

The town and the state police havejoint jurisdiction on the causeway andNahant Rotary, but apparently a sharpdifference on traffic enforcementstrategy.

Town Police Lt. Thomas Huttonsaid after the department received atleast 20 complaints from townresidents who were ticketed by statepolice for speeding on the causeway,Nahant officers moved to warn itsresidents to slow down.

The department stationed markedcruisers with lights flashing at twospots along the causeway during rushhour Friday evening, as state policewere clocking vehicles, and officerswere waving at vehicles to warnmotorists to slow down.

That move did not sit well with state police.

According to one civilianeyewitness, State Police Sgt. PaulBarbieri "ordered" Nahant cruisers offthe causeway twice Friday evening.

"Nahant police politely declined tobe moved," the witness said.

Hutton said the department wasbeing "proactive" and ensuring thatmotorists were driving safely.

State Police Sgt. Richard Donovancalled the situation "ridiculous."

"If Nahant officers were warningvehicles to slow down when statepolice were using radar for trafficenforcement they were interfering withstate police operations," Donovan said.

Donovan said the state and local police have joint jurisdiction on the causeway, but State PolicePublic Information Officer SharonCostine said state police are theprimary authority.

"The bottom line is it is part of ourpatrol area. It is our roadway and is not

in the town of Nahant," Costine said."Apparently Nahant has an issue withus being there."

According to several town residents,including a 90-year-old great-grand-mother, the state police have beenaggressively targeting Nahant residents.

The speed limit at each end of thecauseway is 35 mph and the postedspeed limit is 45 mph on the rest of theroad that connects the peninsula townwith Lynn.

According to police, some residentshave been ticketed for going 40 mph inthe 35 mph zone.

"According to the people who calledus, the tickets were issued by statepolice where the speed limit drops from45-miles to 35-miles," Hutton said.

Hutton said the two departmentshave historically had a "good workingrelationship."

"This problem started a couple ofweeks ago when town officials saidthey intend to bill the state for servicesthe town provides to the causeway andthe Nahant Beach Reservation. The

state turned it into a p- - - - - -contest,"Hutton said.

Donovan said allegations the statepolice are targeting Nahant residents is"nonsense."

"We use radar and when someone is speeding they are stopped and theyare given a ticket or warning asappropriate. We are looking at the radar gun, not at Nahant (parking)stickers," Donovan said.

Donovan said the state police havededicated patrols on the causeway,Lynn Shore Drive and on the Lynnwayon weekends, and has stepped up trafficenforcement.

"We had a lot of complaints from Nahant police about speeding on the causeway and in the (NahantBeach Reservation) parking lot,"Donovan said.

Police Chief William F. Waters saidthat is "an absolute lie."

"The Nahant police has nevercomplained to the state about speedingcars on the causeway," Waters said.

RR

NMA Sponsors A Car Enthusiasts Eventby Ivan Sever, Massachusetts State Chapter Coordinator

On June 18, 2005, thirteen teamsof MINI Cooper enthusiastsgathered on a soggy Saturdaymorning at the base of MountWashington, New Hampshire. Theydrove from as far away as Michiganand Virginia to be part of the ThirdAnnual MINIs on Top event—aweekend gathering of owners of therevised models of these popular carsfrom the sixties.

Since BMW started importingthe new MINI Coopers in 2001, thepopularity of these vehicles hasgrown exponentially. Likewise,MINIs on Top has grown too.Seventy-three cars participated inthe original 2003 event. This grew

to 160 cars the following year. Thelatest event attracted 227 vehiclesand 437 owners with their families.

For the first time, the weekendincluded a Photo Scavenger Hunt.Teams were required to identifyeleven clues and photograph themin the shortest possible time.

The National MotoristsAssociation generously donatedprizes for the top three finishers ofthe contest. In addition, all threeteams received a one-yearmembership in the NMA.

Thanks to the donation, there arenow more NMA enthusiasts amongMINI Cooper owners.


JULY/AUGUST 2005

11221122News 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.

ColoradoThe Colorado Department of

Transportation raised the speed limiton U.S. 50 west of Pueblo Boulevardto 65 mph. The DOT increased thespeed limit because they found the85th percentile speed to be 67 mphduring a study conducted last August.

ConnecticutUnder a new law, Connecticut

drivers soon will be required to buyhands-free devices if they want tocontinue to talk on their cell phoneswhile driving.

FloridaThe "Road Rage Reduction Act"

introduced by Senator Mike Bennettwould have made it illegal to hold up traffic in the left lane. Police would have been able to issue tickets and points on a motorist'slicense for violating the proposedlaw. Unfortunately, the bill was vetoed by Governor Jeb Bush.

IllinoisBeginning July 8, Chicago will

prohibit motorists from using cellphones without a hands-free device.Motorists found using cell phoneswhile driving will face a $50 fine. Ifthe violation happens "at the time of atraffic accident," the fine willquadruple to $200.

Emergency gates are being put uparound Chicago's interstates to prevent

traffic from going downtown in theevent of a "terrorist attack." Thesegates are an enormous waste of moneythat will be used in the future to controltraffic in the name of defendingAmerica.

IowaIn the near future, red light cameras

will be installed in Council Bluffs.Redflex, the ticket camera company,will be paid on a sliding scale,depending on the number of citationsissued.

MarylandThe State Patrol began a contro-

versial program using night visiongoggles to catch motorists not wearingseat belts. Governor Ehrlich orderedstate police to discontinue this practiceshortly after it started. This onlyhighlights the irrational and intrusivetechniques used to enforce primaryseat belt laws.

MassachusettsNewton police officers are once

again allowed to use their discretion inwriting tickets. An appeals courtrecently ruled that the city could notrequire police to issue tickets instead ofwarnings. This decision comes after alengthy court battle between policeofficers and the city.

MinnesotaMinneapolis' Stop on Red program

began June 7 with sixteen camerasinstalled in twelve different inter-sections in the city. Motorists willreceive warning tickets until July 6 and after that, $130 citations will bemailed to the vehicle's owner.

New MexicoThe city's red light camera began

on May 5th. By May 27th, the cityhad issued 750 citations at $100 perticket. On a second offense, the finebecomes $250 and the vehicle may be impounded for 30 days.

OhioHB 56, which would strictly limit

the use of red light cameras, has passedthe House and has been sent to theSenate Transportation Committee forreview. The NMA has worked closelywith the bill's sponsor, and willcontinue to watch its progress.

South CarolinaSouth Carolina's legislature voted

in favor of a primary seatbelt law.Governor Sanford failed to take any action on the bill so it will auto-matically become law in less than six months.

TexasThe Texas Senate has voted against

a bill that would have closed theloophole allowing red light cameras.The NMA had worked hard to get thisbill passed.

The Texas Legislature passed HB87, which allows cities to lower cityspeed limits from 30 mph to 25 mphwithout conducting an engineeringstudy on streets less than 35 feet widewhere on-street parking is allowed.

Governor Perry signed HB 2257,which raises the daytime car speedlimit to 80 mph on I-10 and I-20. It also allows a 75 mph daytime speed limit for cars in counties with fewer than fifteen people persquare mile, rather than the currentrequirement of less than ten people per square mile.

AA

For interested NMAmembers:

Gail Morrison has moved.Her new address is:

2251 S Fort Apache Rd#1045

Las Vegas, NV 89117


JULY/AUGUST 2005

11331133

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

I am asking all NMA membersin Chester, Bucks, Montgomery,Delaware, and PhiladelphiaCounties for help in stopping the red light camera program that hasstarted in Philadelphia. It is called a"pilot project," but it is the camel'snose under the tent. As time goesby, our elected officials are countingon the probability that the publicwill "get used to" the cameras andthat people will lose interest andstop fighting them.

In contacting Representativesand Senators in Harrisburg, I findthat they all shrug their shoulders atthe injuries and deaths the cameraswill cause, and tell me that the"leadership" wants the cameras, sowhat can you do? Meaning, theywill do nothing to stop the camerasunless there is a loud public outcry.

I need volunteers to attend newsconferences, ground breakings, etc.of the new camera sites, so the localmedia will pick up the story. That'sthe only way we can shame thepoliticians into facing the factsabout red light cameras, and get the"pilot program" canceled. Contactme at [email protected] or610-687-7607. All members all overPennsylvania are welcome.

Tom McCareyBerwyn, PA

Editor's note: Tom has beenworking long and hard on thisproject by himself. His efforts haveenabled him to capture the attentionof the media and politicians. He isstarting to make some headway.With the help of a few more hands, I

have no doubt this "pilot project"can be shut down.

As a proud member of the NMAI received one of your most recentalerts where you had a sample letterincluded that we should send to our Governor.

I took action and sent a letterthrough my Governor's website(Governor Warner of Virginia). Ireceived a nice letter in returninforming me that Virginia has not extended the red light photoenforcement pilot program and as aresult will expire on July 1st, 2005.

Hopefully this shows othermembers that even little actions can have a large effect.

Alessandro BucelliMclean, VA

Just a note to say that I sent aletter to our local paper about Junebeing "Lane Courtesy Month." Afterit was published in the paper, I wasvery pleasantly surprised at howmuch positive feedback about theletter I received from folks. Severalindividuals came up to me at workto voice their support and to say, ineffect, Amen!

One coworker said that the nextday, he was riding to lunch with afriend who was obviously hoggingthe left lane for no apparent reason,and he scolded him about it. Thedriver behind them was gettingsteamed and finally passed them onthe right. The coworker laterforwarded his friend the letter from

the paper as a reminder to keep rightunless passing.

I think lane courtesy and itsenforcement (when possible) is aworthy priority for our NMA topromote. Thank you for your effortson this important topic.

Terry Lilly Barboursville, VA

I wanted you to know howvaluable the Legal Defense KitTM

(LDK) has been to me. Every partof the kit was worth the rental fee.The information in the LDK gaveme the insights to make the rightchoice about my defense, and then,the confidence to take it into court.

In court, I was able to plead NotGuilty to a charge of RecklessDriving (possible 12 months jail,$2500 fine, loss of license, and lossof job). Instead, I walked out with aspeeding verdict and a $200 fine.

Without the LDK, I would neverhave had the confidence to chal-lenge the system. I would havefollowed the line of least resistance,and plead "guilty" to a charge thatwould have deprived me of mylicense and my job.

Whether or not you decide tohire an attorney, the LDK isindispensable. It helps you todeliver your defense on your own,or to push your attorney into areasbeyond their comfort zones, to winyour case.

William CatherCharlotte, NC


JULY/AUGUST 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


JULY/AUGUST 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," thisbook 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.


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) 09/01/05,this is your last issue of NMAF NEWS.PLEASE RENEW NOW TO AVOID ANY LAPSE!!!

State Chapter Coordinators and Activists

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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

tickets and taxes a - national motorists association - … hope that we can stop federal highway...

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