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published Thursday, February 25th, 2010

State's traffic camera rules in limbo

Audio clip

John Van Winkle

Finding the word "reasonable" in a legal opinion on traffic cameras prompted state and local officials to think of another word to describe it: vague.

"If you've got six or eight or nine representatives on a committee, you're going to have 15 opinions on what that word means," said Richard Floyd, R-Chattanooga.

Last week, Tennessee Attorney General Bob Cooper wrote an opinion that could lead to the Legislature having the authority to restructure contracts between cities and traffic camera surveillance companies, so long as all changes are "reasonable."

State officials said opinions written by Mr. Cooper are not law, but they routinely serve as a guideline for new legislation.

  • photo
    Staff File Photo by John Rawlston/Chattanooga Times Free Press One of three traffic cameras at the intersection of Ashland Terrace and Dayton Boulevard in Red Bank records traffic light violations on Thursday. Cameras are installed at three intersections in Red Bank.

Still, even after Mr. Cooper's opinion, what could happen with traffic camera programs in Tennessee remains a mystery. A study committee headed by Rep. Phillip Johnson, R-Pegram, is examining what policy changes would be most effective.

On Wednesday, Rep. Johnson declined to comment on any proposed ideas.

City Traffic Engineer John Van Winkle said he wants Chattanooga to be part of the "uniform standards" conversation. He believes the traffic cameras have increased driver awareness around the region.

"We compile the data and we put (the cameras) where we're having high accident rates," Mr. Van Winkle said. "We determine where the cameras should be placed -- we don't just put them in arbitrarily."

According to city records, the program had taken in $1.15 million in net camera revenue by last October.

Unlike other cities, Mr. Van Winkle said, Chattanooga puts some of the money toward a driver's education program.

TRAFFIC CAMERA LOCATIONS

Chattanooga

* Barton Avenue across from GPS

* Hixson Pike S curves

* South Crest Road at Georgia border

* Brainerd Road at North Moore Road

* M.L. King Boulevard at Pine Street

* Highway 153 at Gadd Road

* Fourth Avenue at 23rd Street

* Highway 153 at Hamill Road

* South Holtzclaw Avenue at McCallie Avenue

Red Bank

* Ashland Terrace at Dayton Boulevard

* Signal Mountain Road at Dayton Boulevard

* Morrison Springs Road at Dayton Boulevard

Source: Newspaper archives

"We don't want to have anybody perceive that we're just doing it to see how many dollars we can generate to balance our budget," he said.

In any case, Mr. Van Winkle said, he doesn't think the traffic camera changes enacted by the Legislature will be drastic enough to shut down Chattanooga's program.

But Red Bank City Attorney Arnold Stulce Jr. believes the policy variations could span from adjusting yellow-light time intervals to banning cameras altogether, depending on how the opinion is interpreted.

"The Legislature cannot undo a contract, but the Legislature could cut the (fine) to 1 cent if they were inclined to do so," he said.

The Red Bank City Council recently extended the city's traffic camera contract for 12 years with an opt-out clause in the face of a proposed moratorium while standards are debated in Nashville.

Chattanooga renews its traffic camera contract each year. Mr. Van Winkle said the renewal will come before the City Council in the next few weeks.

about Chris Carroll...

Chris Carroll covers politics for the Times Free Press. A Chattanooga native, he graduated from Red Bank High School in 2005 and earned a bachelor’s degree in history from East Tennessee State University in 2009. Chris has investigated violent crime, hospitals, Red Bank politics and East Ridge politics since joining the newspaper in January 2010. For a jailhouse interview story with accused murderer Antonio Henry, he won a third place Tennessee Associated Press Managing Editors ...

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hcirehttae said...

There's a standard of reasonableness that is a term of art in the law. It's not just a word chosen randomly by Attorney General Cooper, who is a very intelligent and conscientious public servant. All words are subject to the accusation of being vague, because in a given context a word has to be interpreted in a particular, nuanced way. People who are elected to public office don't have to be legal experts or even lawyers; common sense goes a long way. However, they should educate themselves about the American legal system. They shouldn't latch onto the word reasonable, throw up their hands melodramatically, and cry "What is truth?" like Pontius Pilate every time they encounter a subtle idea.

February 25, 2010 at 8:21 a.m.
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