Politics decides
fate of van cams

Communities on the mainland,
as well as Hawaii's Legislature,
wrestle with the issue

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By B.J. Reyes
Associated Press

Critics call it a bad law.

Supporters say the measure is working just as it should.

The people who came up with the idea blame the hullabaloo on growing pains.

However you slice it, the public furor, political posturing and legal maneuvering over the state's traffic camera enforcement program has cast some question over the sustainability of the three-year pilot project, which began on Oahu on Jan. 2 with plans to move to other islands this summer.

The issue came to a head Tuesday, as dozens of the first speeding citations issued were tossed out on a technicality, prompting the state to temporarily suspend the program until the problem could be fixed.

On Friday, a judge approved a revised speeding citation, clearing the way for the state to lift its suspension. Another judge on Friday dismissed tickets issued to motorists who were going less than 10 mph over the speed limit.

The vans were to return to Oahu roads yesterday at 10 p.m., but that doesn't mean they'll be back for good.

At least one measure before the Senate would repeal the law allowing the photo enforcement vans, which photograph speeders and issue citations by mail. A House bill aims to keep the program but with significant changes based on public outcry.

"It comes down to what the political climate will accept," said Richard Retting, senior transportation engineer for the Insurance Institute for Highway Safety, an Arlington, Va.-based group that tracks nationwide transportation trends.

To date, the political climate accepts the speed enforcement cameras in only about a dozen communities in Arizona, California, Colorado, Oregon and Washington, D.C., according to the Insurance Institute. Hawaii's is the only statewide law.

Though speeding cameras have not been as readily accepted as their cousins -- red-light cameras that are authorized in 12 states and Washington, D.C. -- the bottom line is that they are effective, said Russ Rader, a spokesman for the Insurance Institute.

"In Canada, they found that there was a 20 percent decline in deaths on roadways where speed cameras were in use," Rader said. "In Great Britain, there were 28 percent fewer crashes that involved injury where speed cameras were being used. They are effective. The whole idea is to deter the offense. It's to deter people from speeding and that's what speed cameras do."

But that hasn't stopped challenges from opponents, who say the cameras are unconstitutional, infringe on privacy and are simply a money-making opportunity for government.

While machinations at the legislative level are ongoing, attorneys have scoured law books to find loopholes to get the citations dismissed.

In Hawaii, 85 citations were thrown out on the first day of court challenges after lawyers successfully argued that the tickets should be dismissed because they do not specifically state that the person issuing the ticket -- the camera operator -- is certified to operate the radar equipment.

"It doesn't surprise me that in the early stage of a program a clever defense attorney can find some technicality that will become a successful challenge," Retting said. "But it's not something that can't be overcome.

"How many times have we read about criminals caught red handed ... only to have the case dismissed because of a search warrant or other legal technicality? There's no limit to the technicalities that can be potentially raised."

In Denver, the photo enforcement program remains suspended while similar legal kinks are being worked out. A county judge in January dismissed four tickets, saying the program illegally gave police powers to a private contractor, who prepared and sent the summonses.

Meanwhile, lawmakers in several other states have debated the issue.

In South Dakota, a measure that would have banned the use of speed cameras was defeated in a House committee earlier this month. Maryland lawmakers also are considering a measure to augment red-light camera programs in some jurisdictions with the speed cameras

Hawaii's law also allows red-light cameras, which are expected to be in place later this year.

Honolulu Mayor Jeremy Harris has said he welcomes the red-light cameras, but he is against having the speed cameras move from state highways to the city streets.

Maui County Mayor James Apana has expressed similar reservations. Big Island Mayor Harry Kim and Kauai Mayor Maryanne Kusaka have not taken public positions on the cameras.

Supporters of the speed cameras, such as Retting, say initial public outcry generally gives way to support because of the safety issue at stake.

Officials with the Hawaii Department of Transportation, which is in charge of the three-year pilot program, tend to agree.

Transportation Director Brian Minaai describes all the wrangling over the project as "all part of the learning experience," citing the fact that the program that is still in its infancy.

Still, he has reached one conclusion.

"I think we all can admit," he said, "that the pace of all the cars on the freeways were a lot slower, if not more in line with the speed limit."

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