Albany Common Council Public Safety Committee September 23, 2014
By Alec Slatky, Legislative Analyst Legislative Committee Chair: John A. Corlett 1415 Kellum Place, Garden City, NY 11530 Tel: 516-873-2266 / Email: aslatky@aaany.com
Table of Contents
Overview ......................................................................................................................................1 Academic Research .......................................................................................................................2 Results from New York State ........................................................................................................2 Controversies ................................................................................................................................3 AAA New York States Position ...................................................................................................3 Recommendations for Public Officials Summary .......................................................................4 Appendix A Sources ..................................................................................................................5
1
Overview
On July 22, 2014, the City of Albany received State authorization to install traffic signal photo-monitoring devices (otherwise known as red light cameras) at up to 20 intersections as part of a pilot program expiring on August 21, 2019. AAA New York State has prepared this document in order to assist City officials and Councilmembers who will decide whether and how to implement such a program. In New York State, five municipalities currently operate red light cameras: New York City, Nassau County, Suffolk County, Yonkers, and Rochester. These programs were all reauthorized by the state legislature and the Governor in the previous legislative session, and provide reasons for both optimism and caution regarding red light cameras. Red light running is dangerous behavior that merits a significant deterrent. Consequently, AAA supports properly administered red light camera programs that are transparent, fair, thorough, and effective. Some New York municipalities have reported a drop in injuries and crashes at red light camera intersections. Unfortunately, the lack of transparency surrounding many programs fuels public suspicion that automated enforcement is being used primarily for revenue generation. Albany has an opportunity to learn from the mistakes of others and act to avoid these errors. In particular, Albany can be the first municipality in the state to: Rededicate all revenue from automated enforcement into traffic safety measures Analyze control intersections in the state-mandated report Disclose the report on the Citys website Institute a statute of limitations on red light camera violations Create a photo enforcement oversight committee Additionally, Albany should abide by additional policies that enhance traffic safety: Conduct an extensive education campaign before operating red light cameras Choose intersections with a history of side-impact crashes Consider engineering and educational measures before installing a red light camera Place warning signs at selected entrances to the City and in advance of each camera intersection Remove cameras from intersections where safety has not improved or has worsened Lastly, Albany can act to safeguard the rights of drivers: Mandate the inclusion of video footage in any citation Allow pleas of not-guilty by mail Ensure hearings are adversarial and in front of an impartial judge Provide reasonable enforcement tolerances so that flagrant, not nominal, infractions are targeted This document will summarize New York States experience with red light cameras, results of academic studies, and controversies from around the country. It will conclude with an extensive though not necessarily exhaustive list of recommendations.
2
Academic Research
Red light running is a major problem throughout New York State the nation. In the United States, 683 fatalities and 133,000 injuries occurred from red light running in 2012. 1 . To combat this epidemic, federal guidelines recommend a combination of engineering, education, and enforcement. Over 500 municipalities now include red light camera programs in their enforcement toolbox. 2
Much of the evidence suggests that red light cameras increase safety. Studies from the IIHS, 3 Arizona, 4
Texas, 5 Oxnard (CA), 6 and USA/Singapore/Australia 7 assert as much. A Federal Highway Administration review states that cameras decreased right-angle crashes and increased rear end onesThere was indeed a modest aggregate crash cost benefit of [red light camera] systems. 8
Studies from Seattle, 9 Florida, 10 and the National Cooperative Highway Research Program 11 believe there are positive but not conclusive signs. A Virginia report states that cameras are associated with an increase in rear-end crashes and a decrease in red light running crashesthere is significant variation by intersection and by jurisdictionThese results cannot be used to justify the widespread installation of cameras because they are not universally effective. These results also cannot be used to justify the abolition of cameras, as they have had a positive impact at some intersections and in some jurisdictions. 12
Analyses from Winnipeg, 13 Greensboro (NC), 14 Florida, 15 and Louisiana 16 argue that red light cameras do not increase safety. The latter states that despite reducing the number of cars entering this intersection during a red light, [red light cameras] do not seem to prevent traffic collisions at this monitored intersection. Alternative means of injury prevention must be investigated. 17
Results from New York State Red light camera programs across New York have been operated with varying degrees of effectiveness: NYC Nassau Suffolk Yonkers Rochester Violations 583,778 18 335,929 19 208,648 20 95,123 21 90,000 22
Revenue $35.7 million 23 $26.1 million 24 $9.8 million 25 $4.8 million 26 $2.5 million 27
% to vendor 37% 28 30% 29 54% 30 38% 31 40% 32
Overall Crashes Not in report -29% 33 -2% 34 +8% 35 -38% 36
Side-impact Not in report -26% 37 -28% 38 -23% 39 -35% 40
Rear-end Not in report -39% 41 +20% 42 +106% 43 -38% 44
Injuries -33% 45 -27% 46 -11% 47 +46% 48 -81% 49
The programs also had varying degrees of transparency and fairness. Though it is not perfect, Nassau Countys red light camera program has been the exemplar of the programs in New York State. Nassau was transparent with regard to violation review, adjudication, and evaluation. Suffolk Countys program was slightly less transparent and less effective than Nassaus. County engineering officials made themselves accessible, but AAA New York State was forced to FOIL the state- mandated report and has yet to obtain the most recent copy, which was already one year late. New York City was the first municipality to operate red light cameras in the nation, but has been insufficiently transparent and failed to follow state reporting requirements by omitting a list of locations 3
from its annual report. Disappointingly, only one year of data has been released per camera, though some cameras have up to twenty years of statistics available. Rochesters program shows signs of promise, but has only released the most recent set of data to the media, not AAA New York State. Its initial report failed to follow state reporting requirements by omitting violation, financial, and adjudication statistics. Yonkers was not transparent with its data, and only released its state-mandated 2013 report after an AAA New York State assessment criticized its transparency. In previous reports, it has used misleading graphs, and continues to cite a drop in violations as evidence of the programs success, despite AAAs protests that injuries have actually increased and the jury is unequivocally still out. Controversies Red light camera skeptics can point to numerous controversies that indicate unethical operation. In Rochester, one intersection was proven to have insufficient amber signals that unjustly increased the number of violations; 50 similar allegations have surfaced across the country. 51
In Clermont, Florida, 88% of violations were for right turns on red, not especially dangerous behavior. 52
In Chicago, a newspaper investigation into the red light camera data unearthed some unexplained spikes in tickets, 53 an issue that has yet to be resolved. A recent audit by the Inspector General of the District of Columbia criticized the lack of due process in automated enforcement cases. 54
The Keep Florida Roads Safe organization and the Traffic Safety Coalition both surreptitiously funded by red light camera vendors have lobbied to prohibit a referendum on red light cameras in Brooksville (FL) 55 and to maintain red light cameras in New Jersey, 56 respectively. Camera vendor Redflex was dropped from its contract with Chicago after evidence of bribery came to light, 57 after which many Redflex executives resigned, and new allegations have tied the company to bribery in 13 other states 58 - including California, based on a recent report. 59
AAA New York States Position The preponderance of the evidence leads to four primary conclusions: Red light cameras have the potential to reduce the deadliest crashes. The success of red light cameras varies significantly across jurisdictions and intersections. The most effective red light camera programs are accompanied by education (i.e. photo-enforced signs) and engineering (i.e. lengthening amber times or using an all-red phase). Red light cameras are susceptible to misuse and abuse. These four conclusions form the basis of AAA New York States position on red light cameras: AAA New York State supports red light camera programs that are preceded by and supplemented with engineering measures, educational campaigns, and traditional law enforcement, provided that the programs operate fairly, revenue is reinvested into safety measures, and a thorough evaluation of such programs is regularly conducted and disclosed to the public. 4
Recommendations for Public Officials Summary AAA New York State has prepared an extensive, but not necessarily exhaustive, list of recommendations to municipalities considering red light camera programs. These recommendations can help guide Albany officials toward a program that encompasses five important characteristics: thoroughness, transparency, fairness, effectiveness, and integrity. The recommendations have been divided into five categories: procurement, preparation, operation, adjudication, and evaluation. A summary is presented here: Procurement o Explore all options for vendor and contract structure o Select red light camera intersections, not outsource responsibility to vendor representatives o Pay the vendor a flat fee, not a per-citation fee o Maintain control over camera operations o Reinvest money into safety measures Preparation o Select sites with a history of frequent side-impact crashes and few rear-end crashes o Grant the community input into intersection selection o Ensure traffic signals comply with all applicable engineering principles and ITE standards including minimum yellow light intervals o Determine who has responsibility for the road o Consider alternative engineering measures prior to camera installation o Conduct a public education campaign about the dangers of red light running Operation o Have trained law enforcement officials approve violations o Provide reasonable enforcement tolerances so that flagrant, not nominal, infractions are targeted o Protect privacy rights of drivers o Calibrate the cameras in-person o Place warning signs at selected City entrances and in advance of camera intersections o Consider placing right on red after full stop warning signs at intersections where a large proportion of violations are for turning right on red without coming to a complete stop o Institute a warning period so that any hiccups can be sorted out Adjudication o Mandate the inclusion of video footage in any citation o Allow pleas of not-guilty by mail o Ensure hearings are adversarial and in front of an impartial judge o Institute a statute of limitations on red light camera violations Evaluation o Include crash statistics for each intersection in the state-mandated annual report o Analyze control intersections that do not have cameras o Submit reports in a timely fashion o Create a photo enforcement oversight committee o Place reports on the City website o Remove cameras from intersections where safety has not improved or has worsened 5
Appendix A Sources
1 Insurance Institute for Highway Safety, Red light running, http://www.iihs.org/iihs/topics/t/red-light- running/qanda. 2 Insurance Institute for Highway Safety, Red light running, (September 2014), http://www.iihs.org/iihs/topics/laws/automated_enforcement/enforcementtable?topicName=red-light- running#tableData. 3 Hu, Wen, Anne T. McCartt, and Eric R. Teoh, "Effects of Red Light Camera Enforcement on Fatal Crashes in Large US Cities," Journal of Safety Research 42 (2011): 277-282, http://www.northfieldil.org/documents/police/iihs_study_2-1-11.pdf 4 Shin, Kangwon and Simon Washington, The Impact of Red Light Cameras (Automated Enforcement) on Safety in Arizona, (June 2005): http://ntl.bts.gov/lib/25000/25000/25016/AZ550.pdf. 5 Bochner, Brian and Troy Walden, Effectiveness of Red Light Cameras, (July 2010): http://tti.tamu.edu/group/stsc/files/2011/03/Red-light-camera-effectiveness-070610-w-Garland-correction.pdf. 6 Kyrychenko, Sergey Y. and Richard A. Retting, Reductions in Injury Crashes Associated with Red Light Camera Enforcement in Oxnard, California, American Journal of Public Health (2002): http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447335/. 7 Aeron-Thomas, A.S. and S. Hess, Red-light cameras for the prevention of road traffic crashes, The Cochrane Database of Systematic Reviews (2005): http://www.ncbi.nlm.nih.gov/pubmed/15846684. 8 Federal Highway Administration, Safety Evaluation of Red Light Cameras, (2005): http://www.fhwa.dot.gov/publications/research/safety/05049/05049.pdf. 9 City of Seattle, Traffic Safety Camera Pilot Project: Final Evaluation Report, December 2007, http://www.seattle.gov/police/publications/special/Red_Light_Study_07.pdf. 10 Novey, Larry, The Florida Legislatures Office of Program Policy Analysis & Government Accountability, Florida Red Light Camera Programs: A presentation to the Senate Transportation Committee, (2014): http://www.oppaga.state.fl.us/monitordocs/Presentations/P14-12.pdf. 11 Impact of Red Light Camera Enforcement on Crash Experience, NCHRP Synthesis 310, Transportation Research Board, Washington, DC, (2003): http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_syn_310.pdf 12 Garber, Nicholas J. et al., The Impact of Red Light Cameras (Photo-red enforcement on Crashes in Virginia, (2007). 13 Brodbeck, Tom, Red light cam disgrace: crashes increase 18% at intersections where devices installed, Winnipeg Sun (September 22, 2010). 14 Burkey, Mark and Kofi Obeng, A Detailed Investigation of Crash Risk Reduction Resulting from Red Light Cameras in Small Urban Areas, Urban Transit Institute (2004). 15 Langland-Orban, Barbara, Etienne E. Pracht, and John T. Large, Red Light Running Cameras: Would Crashes, Injuries, and Automobile Insurance Rates Increase If They Are Used in Florida? Florida Public Health Review 5 (2008): 1-7. 16 Wahl, G.M. et al., Red light cameras: do they change driver behavior and reduce accidents? Journal of Trauma 68 (2010): 515-518. 17 Ibid. 18 New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2013, 2014 Report, page 3-b. 19 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 3. 20 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 21 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 22 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 23 New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2012, 2013 Report, page 15; and New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2013, 2014 Report, page 9. 24 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2011 Review Report, page 3. 25 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 26 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 6
27 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 28 New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2012, 2013 Report, page 15; and New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2013, 2014 Report, page 9. 29 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 4. 30 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 31 Wade, Christian, Yonkers rakes in big bucks from red light cameras, Newsday (Dec. 20, 2012): http://long- island.newsday.com/search/yonkers-rakes-in-big-bucks-from-red-light-cameras-1.4361625. 32 Sharp, Brian, Watchdog report: where are the most red light tickets issued?, Democrat and Chronicle (Dec. 9, 2012): http://www.democratandchronicle.com/article/20121209/NEWS01/312090026/ and accompanying document http://roc.democratandchronicle.com/assets/pdf/A2197910128.PDF. 33 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 15. 34 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 35 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 36 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 37 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 15. 38 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 39 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 40 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 41 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 15. 42 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 43 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 44 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 45 New York City Department of Transportation, New York City Red Light Camera Program: Program Review 1994-2013, 2014 Report, page 6. 46 Nassau County Traffic Safety Board, Nassau County Red Light Camera Program 2012 Review Report, page 15. 47 Schwartz, David, 2012 red-light rickets pull in 24% less in Suffolk, Newsday (Apr. 27, 2014). 48 City of Yonkers, City of Yonkers Red Light Camera Program N.Y.S. Annual Report for 2014. 49 Sharp, Brian, Report: crashes down at red light crossings, Democrat and Chronicle (August 22, 2014): http://www.democratandchronicle.com/story/news/2014/08/21/report-crashes-red-light-camera-crossings/14415621/. 50 Sharp, Brian, City will halt, cancel red light tickets over software glitch, Democrat and Chronicle (Mar. 4, 2013). 51 Pransky, Noah, Floridas red-light camera intersections issuing more tickets after yellow light times quietly reduced, WTSP (May 19, 2013): http://archive.wtsp.com/news/local/story.aspx?storyid=316418. Brockway, Mike, Citys Yellow Lights Too Short, Judge Says Before Tossing Red-Light Tickets, DNAInfo Chicago (August 12, 2014): http://www.dnainfo.com/chicago/20140812/river-north/city-yellow-lights-too-short-judge-says-before-tossing- red-light-tickets. 52 Fox, Greg, Majority of Clermont red-light-camera tickets issued to drivers turning right on red, WESH (Feb. 14, 2014): http://www.wesh.com/news/central-florida/orange-county/majority-of-clermont-redlightcamera-tickets-issued- to-drivers-turning-right-on-red/24494012. 53 Kidwell, David and Alex Richards. Red light cameras tag thousands for undeserved tickets, Chicago Tribune (July 18, 2014): http://www.chicagotribune.com/news/ct-red-light-camera-ticket-spikes-met-20140717- story.html#page=1. 54 Halsey III, Ashley, D.C. is the Wild West when enforcing tickets for traffic violators, audit finds, Washington Post (September 8, 2014): http://www.washingtonpost.com/local/trafficandcommuting/withering-inspector-general- report-criticizes-dc-parking-and-traffic-ticketing/2014/09/08/da6ae324-3781-11e4-8601-97ba88884ffd_story.html. 55 Pransky, Noah, Red light camera industry fights citizen vote, USA Today (September 5, 2014): http://www.usatoday.com/story/news/nation-now/2014/09/05/ats-fights-brooksville-citizen-referendum-on-red-light- cameras/15123557/. 56 The Auditor, N.J. Hospital Association pulls out of red light camera company-backed safety group, NJ.com (September 15, 2014): 7
http://www.nj.com/politics/index.ssf/2014/09/nj_hospital_association_pulls_out_of_red_light_camera_company- backed_group.html. 57 Kidwell, David, Red light camera firm admits it likely bribed Chicago official, Chicago Tribune (Mar. 2, 2013). 58 Frassinelli, Mike, Fired red-light camera executive: Company bribed officials in 13 states, including NJ, The Star Ledger (Feb. 8, 2014). 59 Bizjak, Tony, Red-light camera contractor spent thousands on meals for Sacramento County and CHP Employees, The Sacramento Bee (September 21, 2014): http://www.sacbee.com/2014/09/21/6723295/red-light- camera-contractor-spent.html.