Why has the City of Southlake implemented a Red Light Photo Enforcement Program?
A recent Federal Highway Administration study named Texas as one of the worst states for red-light running. The financial costs of these accidents in Texas have been estimated at between $1.4 billion and $3 billion annually in medical, insurance, and related expenses. Red-light accidents often are among the worst because they generally involve vehicles crashing directly into the driver or passenger side of another car, know as right-angle collisions (Red-light Cameras in Texas: A Status Report; Texas House of Representatives House Research Organization, July 2006).
The purpose of the program is to improve public safety by increasing enforcement of red light laws. The Insurance Institute for Highway Safety has found that red light camera enforcement, in conjunction with public awareness, can modify driving behavior, reduce red light violations, and minimize intersection crashes. The goal of the program is to reduce the number of right angle collisions and related injuries citywide.
What is a Red Light Photo Enforcement Program?
This is a traffic safety program in which the City uses a state-of-the-art digital camera and violation detection system installed at intersections for the purpose of decreasing the number of red-light runners and reducing serious vehicle collisions.
Under what authority can the City of Southlake impose a civil penalty for running a red light?
On June 15, 2007, Governor Rick Perry signed Senate Bill 1119, which became effective on September 1, 2007. This bill created Texas Transportation Code Chapter 707, establishing procedures for local entities that opt to use cameras to cite owners of vehicles that illegally run through red lights. The bill also provides specific processes for implementing a Photographic Traffic Signal Enforcement Program, contracting certain duties to a vendor, imposing a civil penalty, and creating a hearing and appeals process. On December 18, 2007, the Southlake City Council enacted Ordinance No. 922 amending Chapter 18 (Traffic and Vehicles) in the Southlake Code of Ordinances. This amendment added Article VIII, which set out the parameters for using an Automated Red Light Enforcement system. What is a red light running violation?
A red light running violation occurs when a motorist enters an intersection after the traffic signal has turned red. Motorists already in the intersection when the signal changes to red, when waiting to turn for example, are not considered red light violators.
Where are the red light cameras located?
The cameras are located at the intersection of State Highway 114 @ Gateway, and the intersection of Southlake Boulevard (FM 1709) @ Pearson. Both intersections are clearly marked with signs indicating that the location is monitored by Red Light Cameras.
How were intersections selected for this program?
The program is designed to enhance traffic safety. Therefore, the criteria for the intersection selection included traffic volume, history of accidents, frequency of red light violations, and engineering and safety issues.
How does the red light camera system work?
Using digital video cameras, the system triggers when a vehicle enters an intersection after the light changes to red. The first digital still camera captures two images (scene A and scene B). Scene A shows the vehicle prior to entering the intersection while the light is red and scene B shows the vehicle in the intersection while the light is red. The photographs display the time, date, and location of the offense. The second digital camera captures a close-up image of the rear license plate of the vehicle. And finally, the digital video captures 12 seconds of video, depicting the 6 seconds prior to and the 6 seconds following the violation. As a result of legislative changes that took effect on September 1, 2007, the Notice of Violation includes only one digital still image of the vehicle's license plate; however, a web link is listed on the notice to direct the recipient to a website where the 12-second video and other images can be viewed.
Why not use just conventional police enforcement?
Enforcing traffic laws in dense urban areas by traditional means poses special difficulties and dangers for police. After a violation has occurred in the presence of a police officer, the officer must often times follow the violator through the red light to stop it. This endangers the officer, pedestrians, and other motorists. While officers cannot stay at one location for extended enforcement, camera programs work round the clock and free police to focus on other enforcement needs. Red light cameras do not replace police officers; cameras are but one component of a broad-based traffic safety initiative that includes engineering, education and traditional law enforcement.
Do the cameras photograph every vehicle passing through an intersection?
No, this system does not photograph the traffic flow; the cameras are activated when a vehicle enters the intersection after the signal has turned red. The system is designed to identify vehicles driven by motorists who enter after the signal turns red. Vehicles that enter on yellow and are still in an intersection when the light changes to red are not photographed.
Does someone review the violation before a ticket is issued?
Yes. Police officers review the photos of the violation before a citation (called Notice of Violation) is issued; this ensures that there was a true red light violation. A ticket is then mailed when it is clear the vehicle ran the red light.
Who receives the citation?
The citation (called a Notice of Violation) is mailed to the registered owner of the vehicle within 14 days. The citation will contain a digital image taken of the violation, imprinted with the date, time and location. A Web address will also be published (on the back of the ticket) where still pictures and a short video of the actual driving violation can be viewed via the Internet.
Why did "I" receive this Notice of Violation?
Based upon images captured by the automated system, your vehicle was determined to have committed a red light violation. As the owner of the vehicle, the Notice of Violation is mailed to you.
What if I was not driving at the time of the violation?
You may submit a Declaration of Non-liability if you represent a rental car/leasing agency, when the vehicle was test driven, sold, or stolen. As part of the Declaration, you will have the ability to name the driver by completing an Affidavit. Instructions for this process are included with the Notice of Violation.
What if I received a citation for a vehicle I had previously sold?
Under these circumstances proof of sale would need to be submitted with the Affidavit of Non-Liability Form (included with the Notice of Violation) and return it to the address indicated on the Notice.
What if my car was stolen when this violation occurred?
If your vehicle or license plates were reported stolen when a violation occurred, you should submit the Affidavit of Non-Liability, along with a copy of the police report concerning that theft. Officers with Southlake's Police Services will verify that the theft report was filed. What if the light was yellow?
The camera system only becomes active once the light turns red. It will not capture a vehicle entering the intersection prior to the light changing to red. If you enter the intersection on yellow, it is legal to clear the intersection if the light turned red while you are still in the intersection.
If I am already in the intersection when a light turns red, will I get a citation?
No. But remember, a yellow light before red is a warning for the driver to slow down and prepare to stop. Entering or being in an intersection anytime on a red signal is dangerous. In this case, citations are only issued when a vehicle enters the intersection AFTER the light has turned red. If you enter the intersection on a green or yellow light, you will not be photographed by the camera system.
What if I run a red light and am cited by an officer, then get a Notice of Violation in the mail for the same offense?
Under these circumstances the Notice of Violation issued pursuant to a violation of the City Ordinance would be dismissed. You will still be responsible for the citation issued by an officer for violation of Transportation Code Section 544.007.
What happens if I ignore the Notice of Violation?
Failure to pay the civil penalty or to contest liability by the due date is an admission of liability and constitutes a waiver of your right to appear under the City's ordinance. Failure to pay the civil penalty or to contest liability within the time allowed will result in a $25 late fee and may result in the County Tax Assessor-Collector refusing to register the vehicle alleged to have been in violation of the ordinance.
I don't believe I ran a red light and want to discuss my case with someone.
You must request an Administrative Adjudicative Hearing on or before the due date listed on your Notice. There are instructions on the back of your Notice that detail the steps that need to be taken to request a hearing. An Administrative Adjudicative Hearing will be scheduled and you will be notified in writing of the time and place of your hearing, which is held in front of an Administrative Hearing Officer.
If after a hearing I am held liable by the Administrative Hearing Officer is there a means to appeal this?
Yes, a person found liable by the Administrative Hearing Officer may appeal this finding to the Southlake Municipal Court. Instructions on how to schedule an appeal will be available from the Administrative Hearing Officer as well as from the Municipal Court Clerk’s Office.
What is the citation fine?
The penalty is $75 for each violation. A $25 late fee may also be assessed for each violation that is not paid within 30 days of the date on which a notice of violation is received.
How do I make payment for a Notice of Violation?
Payments can be made by personal check, money order, or VISA / MasterCard only (no cash); a credit card payment can also be made online at: www.photonotice.com . A $25.00 administrative fee will be assessed for any rejected or declined payment. Please do not bring any payments to the City of Southlake Municipal Court or the Police Department. Complete payment instructions are included with the Notice of Violation.
Can the City, for any reason, waive a fee related to a red light violation?
Due to contractual obligations with Redflex, Southlake cannot waive any fees related to a red light violation.
Will I receive any points on my driving record for this violation?
No, this is a civil infraction that is not reported to the Texas Department of Motor Vehicles.
Does a red light violation caught on camera go on my driving record?
No. This is a civil penalty against the owner of the vehicle, not the operator. As such, it is not reported to the Texas Department of Public Safety. However, failure to pay the civil penalty may result in the reporting to a collection agency and/or the county assessor-collector or the Texas Department of Transportation who may refuse to register a motor vehicle alleged to have been involved in the violation.
Will my insurance rates be affected?
No, this is a civil infraction and is not reported to any insurance agencies.
Do these cameras violate motorists' privacy?
No. Driving is a regulated activity on public roads. By obtaining a license, a motorist agrees to abide by certain rules, such as to obey traffic signals. Neither the law nor common sense suggests drivers should not be observed on the road nor have their violations documented. Southlake's camera system is designed to record vehicles running red lights, and not the vehicle occupants. Only vehicles driven by motorists who violate the law are photographed. The cameras are for traffic safety purposes, not surveillance.
Is this only a revenue generating program?
This is a safety program, intended to change driver behavior, encourage safe driving habits, and ultimately reduce serious collision accidents. The emphasis here is to deter violators, not catch them – that's why publicity campaigns are instituted and warning signs posted at least 100 feet from red light monitored intersections. Southlake's Red Light Photo Enforcement program will be funded by those drivers who refuse to stop at red lights - revenue generated from the program goes toward paying for the program. Any additional revenue collected are split between the City and the State and must be used for public safety programs including traffic engineering improvements and traffic enforcement.
What is the financial cost of the red light cameras to the City?
The City of Southlake paid nothing for the system installation. The ongoing expenses to run and maintain the program are expected to be offset by revenue generated by the issuance of citations. In essence, the program is without cost to the City. When will the camera safety program begin? Southlake’s Red Light Photo Enforcement program begins July 28, 2008. There will be a 30-day warning period in which the citations mailed to motorists will be warnings. Following the 30-day warning period, citations will be issued to red light violators.