Are Red Light Cameras illegal?
Over the years red light cameras have become more and more common. Red light cameras allow or automated enforcement to deter those individual’s who run red lights. Red light cameras work by using a sensor that is placed under the asphalt that is triggered when the sensor is activated by a car passes over it then triggers the camera to take photos. The camera takes a photo of the vehicle’s license plate and a photo of the driver. Due to the multiple photos that are taken, it is common to see several flashes when you run a red light that is enforced by a red-light camera. A ticket is then mailed to the registered owner of the car. Many states have enacted specific legislation regarding red light cameras. Some states have made red light cameras illegal. However, in the state of California they are legal.
Many people argue that red light cameras should be illegal due to being unconstitutional. Some reasons behind this argument are that it violates the six amendment of the constitution and it is unconstitutional because the ticket is automatically issued to the owner without being certain the owner of the vehicle is the person driving the vehicle at the time of the offense and that since the “accuser” is a machine someone can’t confront the accessor in court which violates the confrontation clause. Some states have moved forward with making red light cameras illegal such as Texas. In June 2019, Governor Greg Abbott signed a bill which banned red light cameras in the state of Texas. Arkansas, Maine, Mississippi, Montana, Nevada, New Hampshire, New Jersey, South Carolina, West Virginia, and Wisconsin also prohibit the use of red-light cameras.
In the state of California, it has been ruled that red-light cameras are constitutional and legal. The use of red-light cameras is regulated by California Vehicle Code Section 21455.5. It states that red light cameras (automated traffic enforcement system) is permitted if certain requirements are met. First, a sign must be posted within 200 feet of an intersection where a system is operating. That sign also must clearly indicate the system’s presence and be visible to all traffic that is approaching. That means the signs must be visible to traffic approaching from all directions. However, if some directions aren’t subject to the red-light camera then signage is not required in those areas. If the red-light camera is new and just implemented then the local jurisdiction must only issue warning notices for the first 30 days and provide a public announcement of the placement of the automated traffic enforcement system at least 30 days before the commencement of the enforcement program. Only a governmental agency in cooperation with a law enforcement agency may operate an automated traffic enforcement system. No third parties that aren’t a government agency may operate a red-light camera. The governmental agency must develop uniform guidelines for screening, issuing violations, and processing and storing confidential information. The photographic records made by an automated traffic enforcement system shall be confidential and not be made available to a third party and should only be made available to governmental agencies and law enforcement agencies for the purposes of California Vehicle Code Section 21455.5. The confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this section should remain confidential and not be used for any other purpose. The confidential records and information can be retained for up to six months or until final disposition of the citation by then the information shall be destroyed to preserve the confidentiality. In addition, the governmental agency is required to regularly inspect the equipment to certify that it is properly installed and calibrated. They also must maintain the signage to ensure it meets the criteria discussed above and remains visible to approaching traffic. California Vehicle Code section 21455.5 also specifically states that a red light camera.
In California, the driver cited for a traffic violation is liable for the ticket, not the vehicle’s owner and this doesn’t change with red light camera violates despite the fact that the citation is mailed to the registered owner of the car. If the owner of the car is not the person who was driving the car at the time of violation then they should contact an attorney to challenge the citation. Although, red light cameras are legal they are heavily regulated by the vehicle code section we just discussed and are challengeable under many different situations. There are numerous defenses surrounding red light camera violations. One possible challenge is if the images aren’t clear enough to make a proper identification of the driver or vehicle. Sometimes poor image quality and poor weather conditions can make identification more difficult and give rise to challenging the citation. Another possible challenge is if the camera was working properly. The vehicle code requires that the automated traffic enforcement system be routinely maintained, properly installed, and calibrated and if there is evidence that shows this wasn’t the case and that the red-light camera wasn’t working correctly on the day of the violation then the citation can be challenged. In closing, although red-light cameras have been deemed constitutional and legal doesn’t mean they can’t be challenged in court.
https://thehill.com/opinion/criminal-justice/457790-red-light-cameras-undermine-rule-of-law
https://traffic.findlaw.com/traffic-tickets/state-traffic-camera-restrictions.html
