Snarls forseen as cameras roll at red lights

Steve Walker (photo)
Balcones Heights Councilman

Web Posted: 03/31/2007 12:00 PM CDT

Printed in the April 1st Viewpoint section, 5H

Steve Walker
Special to the Express-News

Unlike their counterparts in Alamo Heights, the Balcones Heights City Council gave the green light to American Traffic Solutions, or ATS, to install three red-light cameras at intersections on Fredericksburg Road and one at Hillcrest and Babcock.

ATS, headquartered in Scottsdale, Ariz., is issuing tickets to motorists who fail to stop.

Since our council's vote in September to be the first city in Bexar County to install the controversial cameras, some local businesses and residents have embraced the idea of adding the red-light cameras for safety, while others exhibit reluctance and skepticism that the installation is solely about generating revenue.

Running a red light in our 1-square-mile suburb will net you a $148 citation.

Video from the cameras is transmitted to ATS in Arizona. ATS forwards the information to the Department of Transportation for verification of ownership and mailing address and then forwards the video to the city for final judgment. That process is estimated to take four days.

Once the hearing officer approves the violation, he transmits the verification back to ATS. ATS mails a citation that allows the violator 30 days to pay unless the motorist challenges it within 15 days. That process also takes four days.

Once the citation is in the mail, the clock starts ticking on payment of the fine. If the motorist chooses to ignore the ticket, it is referred to an in-house collection agency. If the agency is unable to collect the fine, the ticket is turned over to the city attorney to file in a justice of the peace court to obtain a judgment.

ATS then contacts the companies that issue credit reports and requests that the motorist's credit report reflect the failure to pay.

Balcones Heights receives its $108 from the fine from ATS. Balcones Heights does not receive revenue from a citation until it is paid.

The Texas Legislature has a number of bills filed this session that would affect the citations. One bill by state Sen. John Corona, R-Dallas, would split half the revenue from the ticket with the city of Balcones Heights. The state would place the funds into a statewide safety fund. A bill filed by state Rep. Carl Isett, R-Lubbock, would outlaw the practice of installing red-light cameras altogether.

One of my biggest roadblocks for voting to approve the proposal has been the fact that the ticket issued is a civil violation, not a criminal offense. Since Balcones Heights police officers or any other peace officers don't write the citation, there is no real mechanism in place to ensure the red-light runner pays the fine.

When a certified peace officer issues a traffic violation, failure to pay may result in arrest and suspension of the driver's license and may affect the driver's ability to retain insurance at a reasonable cost. None of that applies to the civil citation.

There is no real due process to appeal the violation to a judge since it goes before a hearing officer to rule on guilt or innocence.

Since they base the citation on video of the automobile's license plate, not the driver of the vehicle, there is no way to determine accurately who was driving the automobile.

Statistics from Houston and other cities reveal violators are not paying the fines. In Houston in the first four months of citations that should have netted $14 million, less than 15 percent of those cited have paid the fine.

ATS representatives pointed out that the installation of cameras would reduce traffic accidents, and it was all about safety rather than revenue. Yet their own numbers revealed that while the number of broadside accidents in intersections decreased somewhat, rear-end collisions increased by 15 percent. One could argue that we trade one accident for another.

As one of two councilmen who voted against installing the cameras, I certainly hope I made a wise decision. Only time will tell.

Steve Walker is completing his fourth and final term as a Balcones Heights Councilman.