The NCSL Blog

09

By Anne Teigen and Douglas Shinkle

After making it clear he was opposed to an outright ban on the use of automated enforcement for red-light and speed violations, Colorado Governor John Hickelooper last week issued his first vetoes of his second term. He rejected two bills that would have restricted red-light and photo radar cameras.

“Photo-radar and red-light cameras are low-cost options to encourage drivers to follow the rules of the road,” and are effective in protecting pedestrians and reducing intersection crashes, Hickenlooper said in his veto messages.

HB 1098 would have mandated that cities and counties already using automated enforcement submit a ballot question for the 2016 general election asking voters for approval to use red-light and speed cameras in their communities. Communities not yet using automated enforcement would have had to submit a ballot question to begin using them.

SB 276 went a step further and would have eliminated the ability to use speed and red-light cameras.   

Hickenlooper encouraged the legislature to pursue certain refinements next session, such as restricting automated enforcement to school zones, work zones and areas with highs rates of traffic and pedestrian injuries and deaths. He also stressed fine revenue should be used solely for traffic safety improvements and enforcements and not used as a revenue generator.

Reaction from the bill’s supporters was quick. Senator Tim Neville (R) expressed disappointment. "Results from numerous studies showing these traffic surveillance cameras do not increase safety and instead trample due process rights of Colorado citizens," Neville said. "Protecting these important rights should rate ahead of protecting one more governmental revenue stream."    

The issue is hardly restricted to Colorado. Nearly 460 communities have red light camera programs, according to the Insurance Institute for Highway Safety. In most cases, state legislatures have passed enabling statutes that allow city and local governments to use the cameras and develop programs.

City and local governments in 24 states—Alabama, Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Iowa, Louisiana, Maryland, Missouri, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington—and the District of Columbia use red light cameras.

A 2013 study of Arlington, Va., by the Insurance Institute for Highway Safety showed fewer motorists rumnning red lights at intersections equipped with cameras. The decreases were particularly significant for the most dangerous violations, those that occurred 1.5 seconds or longer after the light turned red.

Some states, such as Maine, Mississippi, Montana, Nevada, New Hampshire, South Carolina, South Dakota and West Virginia, do prohibit local communities from using red light cameras to issue citations to motorists. Virginia passed a law this year requiring that all intersections with red light cameras have yellow light signal lengths of at least three seconds.

As of June 2015, 134 communities have speed camera programs. These include statewide work zone programs in Illinois, Maryland, Oregon and Washington.

Louisiana passed legislation in 2014 allowing automated speed enforcement. Local authorities may not use automated speed enforcement on interstate highways, but the law permits it on highways in DOT-approved constructions zones when workers are present. The law clarifies that any convictions resulting from photo speed enforcement will not be included in violators’ driving records.

Maryland law now requires municipalities to post signs warning motorists of mobile or stationary speed monitoring systems. After signs are posted, the city must wait at least 15 days before issuing citations. The law also requires any municipality that authorizes automated speed enforcement to designate an employee to investigate and respond to questions and concerns about the program.

To learn more about the state laws regarding automated enforcement, check out this NCSL page.

Anne Teigen and Douglas Shinkle are program principals and NCSL’s resident traffic safety experts.

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About the NCSL Blog

This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.