Put cops in charge
of traffic camerasThe issue: Dozens of speeding tickets
have been dismissed because
of technical mistakes.TECHNICAL flaws in speeding citations issued by private operators of traffic cameras have resulted in the dismissal of numerous tickets, but larger issues remain. Those issues are not likely to be resolved during the current session of the Legislature, but that should not be allowed to prolong the agony. The program, as constructed at present, should be shut down.
Legislators who authorized the program in 1998 and altered the law in 1999 and 2000 were wrong in assigning it to the Department of Transportation. A more practical method of using the technology in Hawaii would be through funding to the Honolulu Police Department, where the program belongs.
In separate courtrooms, two state judges ruled that the tickets were flawed because they failed to include the signature of the person issuing the citation or an indication of whether the operator of the laser camera was certified in its proper use. Required information is included on speeding tickets issued by police officers, but the state DOT is not experienced in law-enforcement procedures.
Brian Minaai, the state transportation director, says he will seek guidance from the judiciary about the ingredients needed in a speeding ticket for it to stand up in court. He then plans to renew the program within a few days. Minaai also favors changing the classification of the tickets to a non-moving violation so drivers' insurance premiums won't be increased, although the concept of speeding while standing still is difficult to grasp. Is that fair to speeders caught by ordinary police officers?
The larger issue is the state's payment to the camera contractor by the volume of tickets issued -- $29 per ticket -- instead of a flat fee. Judges in San Diego and Denver have ruled that the company's profit incentive creates an unfair system of law enforcement. Also at issue is the photo's absence of the driver's identity; the car's owner, who receives the ticket, may claim not to be the driver caught speeding and should not be held responsible.
As Gov. Cayetano points out, cameras are used in many jurisdictions in the United States to catch motorists speeding and running red lights -- a feature that is planned in Hawaii. "I still think it can be fixed and we should try to fix it because we know it does reduce speeding," he says. Yes, but the repair should include recognition that law-enforcement functions should be assigned to police.
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Three-strikes bill
would deter racingThe issue: A legislative committee
has endorsed a bill to increase penalties
for racing on public roadways.THE danger of racing on public highways became clear last August with the traffic death of a 58-year-old woman on the H-1 freeway. The fatality has prompted legislation aimed at increasing the penalties for racing. Stiffer penalties are needed to deter an activity that occurs too often on Hawaii's roadways.
The accident that triggered the legislation was an extreme example of perilous horseplay on the highways. Some vehicles were seen blocking traffic on the H-1 to accommodate a race that ended when a car driven by an 18-year-old man traveling up to 100 mph hit a concrete median, ricocheted and rear-ended a minivan, killing Holy Trinity School teacher Elizabeth Kekoa.
Motorists convicted of reckless driving, which includes racing on public highways and streets, now face a maximum fine of $500, a jail term of up to 30 days, or both. A bill proposed by Sen. Cal Kawamoto and approved by the Senate Transportation, Military Affairs and Government Operations committees, of which he is chairman, would sharply increase the maximum penalties, especially for repeat offenders.
Under Kawamoto's three-strikes-and-you-walk bill, convicted racers would face a $500 fine, a three-month driver's license suspension and up to 30 days imprisonment for the first offense; a $1,000 fine, a one-year suspension and up to 60 days jail time for the second offense, and a $1,500 fine, three-year suspension and up to six months imprisonment for the third offense. In addition, the third strike would result in forfeiture of the offending vehicle. Motorists aiding the race, such as those blocking traffic prior to the August crash, would face similar penalties.
Penalties would be enhanced by minimum jail terms. Increasing maximum prison sentences makes little sense if judges are refraining from sending offenders to jail under current law. Mandatory periods behind bars at each level would reflect the seriousness of the offense.
George Nitta, an auto-repair shop owner who has proposed races at Hawaii Raceway Park, warns that increasing penalties would encourage racers to try speeding away from police. It is more likely that motorists would consider the legal repercussions before deciding whether to engage in such dangerous behavior.
Leon James, a University of Hawaii psychologist who co-authored "Road Rage and Aggressive Driving," suggests that more severe penalties would be effective if coupled with driver's education classes that include information about driver's thoughts and emotions. That could be effective in trying to reduce impulsive racing and should be a part of driver's education.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
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Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.comJohn Flanagan, contributing editor 294-3533; jflanagan@starbulletin.com
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