DRIVINGDRIVING FREEDOMS - EVERY SECOND COUNTS - VOL. 31 ISSUE 1 WINTER 2020 - NATIONAL MOTORISTS ASSOCIATION
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National Motorists Association
402 W. 2nd St.
PRSRT STD
Waunakee, WI 53597 US POSTAGE PAID
MADISON, WI
ADDRESS SERVICE REQUESTED PERMIT #2860
Every Second Counts
Vol. 31• Issue 1• Winter 2020
Freedoms
Driving
1
Driving INFLUENCING CONGRESS
Freedoms
BY GARY BILLER, PRESIDENT, NMA
Vol. 31 Issue 1
With 2019 now behind us, it is The House of Representatives
President’s Report....................................1
appropriate to review where the NMA subsequently passed by voice vote
Washington Report...................................2 stands in Washington with critical an amendment to the Department of
federal legislative activity: Justice 2020 fiscal funding measure
Illinois Red-Light Camera Scandal............3 The DETER Act: During the barring the DOJ from seeking or
past year, we formalized the details accepting funds gained through asset
Red-Light & Speed Camera Crimeline.......4
of the Driver Education Through forfeiture. Debate on the bill will
Every Second Counts................................6
Enforcement Response Act. DETER continue as part of the appropriations
is legislation designed to prohibit process in early 2020.
Kathleen Colongne: In her own Words......9 federal agencies–and the National Complete Streets: The Fall
Highway Traffic Safety Administration 2019 issue of Driving Freedoms
Bill Tracker for 2020.................................9 in particular–from using ticket quotas contained “An Appropriate Balance
to justify the funding of high-visibility for Whom?”, an article that explores
NMA Survey Fuel Economy Standards....10
state traffic enforcement campaigns. the goal of Complete Streets
Driving News .......................................... 11 To secure a sponsor for DETER, programs to disrupt and minimize
NMA lobbyist Rob Talley conducted personal automobile use. U.S. House
State Activist List ................................... 13 meetings with all members of the Bill 3663, the Complete Streets
House Transportation & Infrastructure Act of 2019, would require new
Member Website Log-in Information......13
(T&I) Committee majority staff. He road expansion and improvement
paid close attention to committee projects to prioritize public transit
Editorial Staff members whose home states already and pedestrian and bicycle mobility
Managing Editor....................... Shelia Dunn have ticket quota bans in place. over vehicular use during the design
Staff Writer.................................Gary Biller Although we initially secured a phase. If you don’t have the last
Editor-at-Large...........................Bill Jordan commitment from a Texas member issue of Driving Freedoms handy,
to sponsor the bill, changes in her you can read the NMA editorial
staff shifted priorities. Currently, a at https://www.motorists.org/blog/
member of the New York delegation, an-appropriate-balance-for-whom-
who is also on the T&I Committee, nma-e-newsletter-552/.
is a leading candidate to become the With the introduction of HB 3663
primary sponsor of the anti-ticket- last July, Complete Streets was added
Empowering drivers since 1982, the National
Motorists Association is a grassroots alliance of quota legislation. to our list of legislative priorities.
motorists joined together to protect our rights in the Civil Asset Forfeiture: The NMA The growing movement to restrict
courts, on the streets, and in our vehicles. We fight
for the driving freedoms of motorists. We lobby continues to work with Congress to automobile travel also spurred the
for traffic regulations and enforcement actions overhaul property asset forfeiture NMA’s sponsorship of the inaugural
based on safety considerations, not a line item on
the income side of a city, county, or state budget. practices that lack due process. In the Vision Zero, Road Diets, and the
Spring, we supported the introduction Future of Transportation conference
Copyright © 2020 by the National Motorists of the Fifth Amendment Integrity in Los Angeles. The October forum
Association. All rights reserved.
Restoration (FAIR) Act of 2019. In attracted several experts on mobility
Driving Freedoms is the official publication
of the National Motorists Association, Inc. an open letter to Congress and the and transportation planning and has
Driving Freedoms is published quarterly by
the National Motorists Association, 402 W. 2nd
media, we argued that the government helped us forge a national alliance to
St., Waunakee, WI 53597. (608/849-6000) Email: should be held to a higher constitu- combat anti-driving, road-restriction
nma@motorists.org Web site: www.motorists.
org. Annual membership in the National tional standard before seizing private programs.
Motorists Association includes a subscription to
Driving Freedoms. property. (continued on Page 3)
DF Winter 2020 www.motorists.org
2 NATIONAL PERSPECTIVE
NMA WASHINGTON REPORT
BY ROBERT TALLEY, NMA LOBBYIST
In my hometown of Alexandria, proposal ran nearly 3-2 against the obstacles getting to their destina-
Virginia, politicians, corpora- move. Yet the city council acted tions. And this is just a taste of
tions, and special interest groups anyway in a 4-3 split vote, and soon what is to come if Congress and
have conspired to implement after, the transportation department Washington regulators decide this is
disastrous road changes based on began the conversion on this signifi- the model for us all.
Vision Zero and Complete Street cant transportation artery. The Senate Environment
blueprints. These changes have Why would Alexandria do this? and Public Works Committee
increased congestion and made Various coalitions lobbied local passed a five-year transportation
life miserable for residents— officials. These special interests authorization bill, America’s
and it is coming soon to your included rideshare companies Transportation Infrastructure Act
hometown, thanks to the federal (Uber and Lyft, for example) that of 2019 (S. 2302). This act estab-
government. are doing everything they can to lishes funding priorities for our
Like many communities, get people out of their personal roads, bridges, and highways for
Alexandria residents have cars. Other out-of-town business the next five years.
supported the Vision Zero and interests, such as TransUrban, a Buried deep in the bill is a
Complete Streets programs multinational toll road company requirement that federal funds be
because it looks good on paper. which had just completed new set aside for the implementation of
After all, who can be against highway toll lanes directly adjacent Complete Streets standards or poli-
safety and inclusivity? In to Seminary Road, also weighed cies at the state and municipal level
pratice, though, it is complicated in. And why not? Encouraging without establishing any priorities.
and riddled with unintended drivers to use toll roads rather than It reads: “To ensure the safe and
consequences. congested surface streets increases adequate accommodation of all
The city’s transportation staff income. The Washington Area users of the transportation system,
recently undertook a traffic Bicycle Association also spon- including pedestrians, bicyclists,
analysis of a portion of Seminary sored a petition that specifically public transportation users, chil-
Road, a four-lane residential instructed signatories not to iden- dren, older individuals, individuals
street that averages 17,000 vehi- tify their city and state of residence. with disabilities, motorists, and
cles a day. The city council then Ostensibly, the road improve- freight vehicles.”
placed on its agenda a proposal ments were about safety. Yet the We all agree that safety and
to change Seminary Road from segment of Seminary that was road-sharing are important goals.
four-lanes to two-lanes with bike ‘improved’ had zero deaths and However, misguided proposals and
lanes on each side and a center no injuries or serious accidents in mandates that undervalue the basic
left-turn lane. (This is a typical recent times, according to city data. needs of drivers won’t achieve
road diet configuration.) Now the local community is either. We need enlightened under-
The bike lanes neither begin outraged. Traffic is regularly standing of safety, efficiency, and
nor end at other bike lanes, a bike backed up during all hours of the consequences of change. We
path, or any transit terminal. the day—especially during drop should consider that the primary
Eleven city civic associations off and pick up times at various purpose of roads, the reason they
wrote in opposition to the plan. schools along the route. Bike lanes exist at all, is to move people and
City staff recommended against to nowhere remain unused while products in motorized vehicles.
the move. The fire department and motorists sit and stare at brake Far less costly surfaces can meet
the hospital, both located on the lights. Accidents occur more regu- the needs of the few that prefer
street, expressed their concerns larly now. non-motorized transportation or
and opposition. Petitions on the Emergency vehicles face new recreation.d
www.motorists.org DF Winter 2020
PHOTO ENFORCEMENT SCANDAL
3
Could Illinois follow the Lone Star State in Banning Red-Light Cameras?
After Texas banned red-light
cameras (RLCs) in 2019, specu-
lation was ripe on which of the
23 remaining states with red-light
cameras would enact similar
prohibitions. Illinois may be the
likely contender after being struck
again by more camera related
corruption (see Crimeline Page 5,
2014--Redflex Bribery Scandal in
Chicago and Ohio). In 2019, state
legislators introduced three bipar-
tisan bills to ban RLCs.
In October, the Illinois Policy
In 2017, the Chicago Tribune re- SafeSpeed but failed to notify their
Institute found that Chicago and
vealed that SafeSpeed was a long- employers. For example, Bill Helm
other local municipalities raked in
time Sandoval political donor. The was Chicago’s deputy aviation
over $1 billion on RLC tickets be-
senator pressured the Illinois Depart- commissioner and also a SafeSpeed
tween 2008 and 2018. During the
ment of Transportation (IDOT) into sales rep. He received commis-
11 years, the presence of cameras
approving the installation of a SafeS- sions from ticket camera revenue
outside of Chicago tripled.
peed camera at an Oakbrook Terrace collected in Matteson and Glen-
intersection that had already been dale Heights, Illinois. All Chicago
The Newest Corruption Scandal
deemed sufficiently safe by IDOT. employees are required to disclose
In September 2019, the FBI
Also included in the newspaper’s dual employment to city hall and
and the IRS conducted raids that
investigation: More than half of the the Chicago Board of Ethics.
revealed state and local office-
intersections approved for RLC per- According to its website, SafeSpeed
holders had connections to camera
mits were rated among the safest. By currently maintains contracts with
vendor SafeSpeed LLC. After the
late November 2019, Martin Sando- over 30 Illinois municipalities.
raids, Chicago State Senator Mar-
val resigned his seat in the Illinois Even though none of the three
tin Sandoval resigned his chair-
Senate. bills to eliminate RLCs passed in
manship of the Senate Transporta-
Several city and county employees 2019, many legislators and media
tion Committee.
are also persons of interest in the editorials are strongly opposed to
federal probe. While working for the both the cameras and the attendant
government, several individuals also corruption. We can hope Illinois
Influencing Congress
(continued from Page 1)
served as sales representatives for will follow in Texas’ footsteps. d
Looking forward: The NMA’s policymaking profile has risen through multiple meetings on Capitol Hill with legisla-
tors and select committee staff throughout 2019. This activity has led to joint messaging opportunities with like-minded
organizations, in particular the Institute for Justice and the ACLU. Rob Talley reports that congressional staffs are now
reaching out directly to the NMA, seeking legislative support and information on related transportation and civil liberties
issues.
We will continue to strengthen these relationships while aggressively pursuing legislation to deter ticket-quota-based
enforcement, unconstitutional property seizures, and programs designed to force drivers to submit to vastly less-used
modes of transportation. How do we define “vastly less”? U.S. Census data show that over 85 percent of commuters drive
or carpool while less than 4 percent walk or ride bicycles.
Undoubtedly, other important issues affecting the motoring public will surface in 2020, and the NMA is poised to take
them on in Washington and across the country. d
You may have noticed something different with this issue of Driving Freedoms: the logo on the front cover. Publishing
responsibility has been transferred from the NMA Foundation to the NMA, a natural progression for production of the
NMA member quarterly magazine. Same great content for you, just a change in publisher.
DF Winter 2020 www.motorists.org
4 AUTOMATED ENFORCEMENT
Red-Light Camera and Speed Camera CrimeLine
by Richard Diamond, publisher of TheNewspaper.com 2017
Editor’s Note: This post first appeared on TheNewspaper.com website • Pennsylvania Auditor General
October 2, 2019. If you would like to learn more, check out the full crimeline at issues report exposing corruption
http://thenewspaper.com/news/26/2649.asp. in the Philadelphia red-light
. camera program, including self-
Red-light cameras and speed cameras are usually presented as tools of law en-
dealing by the officials in charge of
forcement, but these devices, at times, are operated with a disregard for the law.
Below are highlights of the automated ticketing industry employees and public the cameras.
officials who have been caught or accused of wrongdoing. This is an abridged • Texas cops caught taking overtime
version of the timeline. payments and free meals for
lobbying the legislature in favor of
photo enforcement.
• Virginia Department of
Transportation admonishes the
Insurance Institute for Highway
Safety (IIHS) for setting up photo
radar on Virginia highways in
violation of state law.
2019 2016
• Illinois red-light camera scandal expands. Senate Transportation Chair resigns. (see • Smith County, TX Judge Joel
page 3 for details) Patrick Baker was arrested and
• Redflex Traffic Systems ordered to stop practicing engineering without a license in later convicted for arranging a deal
Colorado. with American Traffic Solutions
• Montgomery County, Maryland’s inspector general issues report questioning the (ATS) to install speed cameras
propriety of the deal county officials struck with convicted felons to turn school during a meeting held in violation
buses into automated ticketing platform. of the Texas Open Meetings Act.
• Florida Auditor General issues report documenting misuse of red-light camera ticket Outcome: Texas Court of Appeals
profit in Opa-Locka. in 2017 said Smith County cannot
• American Traffic Solutions engineer Robert F. Rennebaum was fined $5000 by conceal the speed camera meeting
the NC engineering board for “gross negligence, incompetence or misconduct” in recordings and documents. Xerox
attaching his seal to red-light camera work that he did not directly supervise. sues Cleveland, OH for failing to
• Whistleblower exposes corruption in the Philadelphia red-light camera program, pay $9 million in speed camera
including rigged audits and contract bidding irregularities. fees after 78 percent of voters
• Washington, DC police Sergeant Mark Robinson is vindicated with a court decision passed a measure outlawing the
that concluded the city retaliated against him after he blew the whistle on corruption devices in 2014.
in the city’s speed camera program. • Arizona attorney general issues
• Maryland Office of Legislative Audits issues report documenting contract ruling that photo enforcement
irregularities in the statewide freeway speed camera program. companies have been violating
a state law that requires them
to acquire private investigator
2018 licenses. Outcome: After shutting
• The Federal Bureau of Investigation exposed a massive corruption scandal down operations for two months,
involving school bus stop arm cameras in Dallas. Six people were convicted on at the companies acquire licenses.
least one of the following charges: bribery, taking kickbacks, embezzlement, and • Redflex forced to pay $3.5 million
money laundering. Also, the Dallas Independent School District became insolvent after being busted using illegal
due to the scandal. robocalls to collect on unpaid
• North Carolina engineering board accuses American Traffic Solutions of speed camera tickets in New
misconduct for practicing engineering without a license. Mexico.
(continued on Page 5)
www.motorists.org DF Winter 2020
AUTOMATED ENFORCEMENT
5
(continued from Page 4)
2014
• Redflex bribery scandal in Chicago and Ohio--A Federal Bureau of Investigation
into the practices of Redflex Traffic Systems revealed that the firm delivered
bribes to politicians in Chicago, Illinois, and Columbus and Cincinnati, Ohio. The
company admitted its US operation lied to public officials, and the firm’s executive
vice president admitted that bribes were also issued in other states, including
Arizona, California, Colorado, Florida, Georgia, Massachusetts, New Jersey, New
Mexico, Tennessee, Virginia and Washington. Former head of US operations, Karen
Finley, was convicted on mail and wire fraud, bribery, and conspiracy. Three other
Redflex employees were also convicted on bribery charges along with a Chicago
transportation official.
• Inspector general for the city of Baltimore, Maryland charges mayor’s chief of staff
with “inappropriate activity” to favor speed camera vendor Xerox.
• Former Redflex Executive Vice President Aaron M. Rosenberg admits he bribed
officials in more than ten states in a process that was institutionalized at the company.
2013
• American Traffic Solutions found using false threats in the citations the company
issued to Texas residents. 2011
• Richard Retting, author of the Insurance Institute studies claiming red-light cameras • Missouri Families for Safer Roads
have a safety benefit, is paid by a camera company to lobby California lawmakers. exposed as a front group for
• Maryland’s Open Meetings Compliance Board found the city of Baltimore guilty of American Traffic Solutions.
violating state law when it held secret meetings of a speed camera advisory task force. • Whatcom County, Washington
• Redflex chairman admits to bribery in two more cities besides Chicago, Illinois. Top Superior Court judge fines
Redflex executives are fired. American Traffic Solutions for
• Hamilton County, OH sheriff confiscates illegally operating speed cameras following using the courts to interfere with
ruling by Judge Robert P. Ruehlman. Outcome: Optotraffic drops lawsuit against the elections process. Outcome:
sheriff. reversed on appeal.
• Redflex files a lawsuit against its own former executive vice president accusing him • Author of the first and most
of “dishonest and unethical acts.” prominent studies claiming a
• US Postal Service declares itself immune to speed camera tickets. benefit to red-light cameras is
• ATS settles with New Jersey motorists over illegal operation of red-light cameras. listed as a “partner” with the photo
ticketing firm Brekford.
• Traffic Safety Coalition revealed
2012 to be a front group for Redflex run
by the highly connected Chicago,
• Secret audit in Baltimore, Maryland reveals 5.2 percent of speed camera ticket
Illinois public relations firm
recipients were innocent.
Resolute Consulting. Company
• Redflex charges photo ticket recipients $670 in “travel expenses” if they asked to
officials have ties to current
confront the witnesses against them in court under the Sixth Amendment.
Mayor Rahm Emanuel and former
• Washington, DC Metropolitan Police Department officer David Cephas pleaded
Governor Rod Blagojevich, who
guilty to falsifying speed camera calibration logs in 2008 and 2009, affecting 200
was imprisoned on corruption
photo radar tickets.
charges.
• Atlanta, Georgia stops collecting on red-light camera tickets after being caught
• National Coalition for Safer Roads
ignoring a state law requiring the use of certified mail for second ticket notices.
exposed as a front group for
• Greg Williams, assistant district attorney in Lafayette, Louisiana who served as an
American Traffic Solutions run by
adjudicator for red-light camera cases, pleaded guilty to bribery charges.
lobbyist David Kelly.
DF Winter 2020 www.motorists.org
6 COVER STORY Every Second Counts Editor’s Note: Independent traffic calming researcher Kathleen Calongne’s presentation “Impact of Delay caused by Traffic Calming Projects on Emergency Response” at the October 5th Keep LA Moving Conference, inspired this article. Find more about Kathleen on page 9 and to find out more on the dangers of road diets on arterial streets, check out the Keep the US Moving website http:// www.keeptheusmoving.com Imagine you are going about your everyday business, and suddenly your spouse collapses in front of you. You call 9-1-1, follow the operator’s instructions, and do your best to help Emergency medical personnel need Zero is fully intended to save lives your significant other. Finally, the to arrive quickly to help someone from traffic accidents, but by adding ambulance arrives, and the EMTs do having an emergency health crisis; in concrete barriers and flower pots everything they can. Still, soon after they also must return with all due haste and everything else like that, you’re their arrival, your partner of 30 years to a hospital. Road diets and traffic basically eliminating the ability for succumbs to complications from calming are the antitheses of making emergency services to get around. sudden cardiac arrest. every second count in an emergency. Intersections are now gridlocked, and Sudden Cardiac Arrest (SCA) is Of the three major emergency our guys just can’t get around.” an abrupt disruption of the heart response services, fire and medical Emergency responders working in function, causing a lack of blood services experience the longest Vision Zero cities such as Los Angeles, flow to vital organs. It strikes without delays from speed humps, oversized Santa Monica, Seattle, Oakland, and warning and can kill a person within a pedestrian islands, and lane restrictions Boston concur that their response matter of minutes. SCA is a real life- and closures. (See sidebar on page 7 times have increased dramatically. or-death emergency that strikes more for specific issues affecting emergency Ironically, traffic fatalities and injuries than 356,000 out-of-hospital victims response vehicles.) of vulnerable road users (bicyclists annually in the United States. Nearly One of the co-founders of Keep the and pedestrians) have also increased in 90 percent of them are fatal, according US Moving, independent journalist these same communities. to the American Heart Association. A and lawyer Christopher LeGras, wrote As stated on any city’s Vision Zero reduction of one minute in emergency recently in his All Aspect Report that website, the goal is to eliminate all response time can improve the odds in the past year, road diets are having traffic deaths, especially those of of surviving a cardiac incident by 24 a devastating impact on emergency vunerable road users. Vision Zero percent according to one study. response times. proponents seem to forget or don’t Later, you learn the ambulance was Case-in-point: In September 2019, care, though, about the even greater delayed by several minutes because the New York City firefighters union risk to citizen survivability and safety an en route arterial road narrowed announced that they had enough. when it comes to the delaying of from four to two lanes as part of a After four years of dealing with new emergency response. This issue is “road diet” program. Dedicated bike traffic calming restrictions, union one of the most powerful supporting and bus lanes replaced the two closed spokesman Bobby Eustace said the arguments against the claims of lanes. With sirens blaring, the driver department response times had risen programs like Vision Zero. had to maneuver slowly through the dramatically and that Mayor Bill de On Los Angeles’ famed Venice traffic as drivers struggled to get out Blasio’s Vision Zero initiative was a of the way. Precious time was lost. significant cause. He added, “Vision (continued on Page 7) www.motorists.org DF Winter 2020
COVER STORY 7
(continued from Page 6)
Boulevard (which now has a road diet
Emergency Responders—
from four lanes to two with a protected Between a Rock and Hard Place
bike lane on both sides of the street), Based on data from the National Fire Protection Association Survey, US
Fire Station 62 response times have fire departments responded to over a million fires in 2018. Here are some
increased by 26 seconds. In 2016, the sobering statistics:
station’s pre-diet average response time Of the 1,318,500 fires that year:
was 6 minutes 38 seconds. It has now --499,000 were structure fires, and 78 percent of those were residential.
ramped up to 7 minutes 4 seconds. --Number of civilian fire deaths: 3,655
Those 26 seconds are not trivial; they --Number of civilian fire injuries: 15,200
cost lives. --Property loss: $25.6 billion
Writing for the Wall Street Journal in Compared to automobiles, fire tracks have a longer wheelbase, stiffer
January 2019, LeGras told the story of suspensions, and carry a great deal more equipment and weight. Pumper
the Khourys, who live five blocks from trucks can also hold between 500 to 2,000 gallons of water. With that load
Station 62. One day, Renee Khoury and heavy steel ladders that can telescope to 75 to 135 feet, these trucks
was in the house and heard her elderly are top-heavy and have considerable difficulty maneuvering at any speed,
mother, Rebecca, scream in pain from particularly when streets are purposely narrowed and congested because of
outside. She had fallen with a visible road diet programs.
compound fracture in her left leg. All large fire trucks have trouble quickly accelerating or deaccelerating
After calling 9-1-1, both women could while driving on a streets with speed humps. There are several documented
hear the siren almost immediately, but cases of firefighters injured because of manufactured road obstructions.
due to the lane restrictions on Venice In 2018, US Emergency Medical Responses (ambulance, EMTs, and res-
Boulevard, it took EMTs ten minutes cue) totaled 23,551,500 with 2,880,000 false alarms.
to travel those five blocks. Even though ambulances are not as heavy as fire trucks, drivers have
Sometimes fire crews can’t even unique problems when encountering traffic calming. Due to their boxy
deploy their equipment properly on a shape, stiff suspensions, and high centers of gravity, ambulances can shift
road-dieted street. In the summer of their delicate loads dramatically when navigating tight lanes at high speed.
2018, a Baltimore crew sent video to While transporting patients to the hospital, this is especially problematic if
the city council showing the problems EMTs continue emergency procedures en route.
they were having with a hook and
ladder truck. The video depicted a D with more flexible language to suit you disregard standards written by
street that was too narrow to anchor the their purposes. The fire department safety professionals to push a political
truck and too tight to reach the upper said that limiting street clearance agenda, more people will die because
floors of the tall apartment buildings below code levels with bike lanes of compromised emergency response
on either side with their ladders. The poses a public safety threat. times and collateral events.
protected bike lanes and reconfigured Cities are not required to adopt Cities large and small continue
parking thwarted their efforts. The international fire code standards. promoting and implementing traffic
response: The council decided to Seattle and Philadelphia have created restriction schemes despite knowing
change the city’s fire code after holding city-specific street design manuals and understanding the effects on
a second hearing on why the fire without using IFC standards. Recently, emergency vehicles. In one bit of good
department wasted time making such Denver announced it will be rewriting news, city dwellers are starting to
a video. its street design manual to align more realize that this is a problem of its own
Baltimore previously adopted closely with the ideals of Complete making.
the International Fire Code (IFC). Streets while asking for citizen In February 2019, the northeastern
Appendix D of the Code requires 20 input. How many Denver residents Oklahoma town of Tahlequah
feet of clearance for fire engines, and understand fire code standards, let (population 17,000) had nearly 3,000
26 feet of clearance for ladders and alone appreciate the ramifications of residents sign a petition within ten days
other equipment. Under the guise of ignoring them? to get rid of a road diet on Downing
Complete Streets, which prioritizes Ironically, Vision Zero and Street, a primary corridor that connects
walking and bicycling over vehicular Complete Streets proponents say
traffic, the council replaced Appendix they want safer streets. Still, when (continued on Page 8)
DF Winter 2020 www.motorists.org8 COVER STORY
(continued from Page 7) every dollar. editorial in the Des Moines Register
the city to the hospital. At that month’s Matthew Schneider, co-founder of with this statement: “We all want safer
city council meeting, retired doctor Keep the US Moving, became involved streets. We all want better mobility
Pamela Stern testified, “Mistakes in the problems of road diets because and a healthier lifestyle, but this is not
happen, accidents happen, death of their effect on his hometown of the way. Using federal or state funds
happens, and it’s real and we can’t undo Waverly, Iowa (population 10,100). to force “diets” on roads that are
that. I have seen people and they need Even a small Midwestern town, with a already at capacity is not smart or safe.
a matter of seconds to be able to get an 70-member volunteer fire department, Not recognizing and correcting these
airway established, for example. My big is impacted. When a call comes, not mistakes is immoral. We hope that Iowa
concern is the medical complications.” only do the volunteers drive their own lawmakers and the Iowa Department
After an extremely tense two-hour vehicles to the fire station, they then of Transportation take note of this
meeting, Mayor Jason Nichols asked for take department rigs to the emergency. situation here in Waverly and what is
a roll-call vote to reverse the road diet In 2018, the town’s main street, happening nationally and do the right
measures that had been implemented. Bremer Avenue, was trimmed from thing.”
The vote was unanimous; everyone in four lanes to two with bike lanes on Neither the city nor the state DOT
the room cheered. either side. Bremer Avenue crosses the took action, however, so Schneider
When this happens, taxpayers foot the Cedar River Bridge, which connects the decided to run for public office and
bill for the reversal, as they did when two parts of town. A resident wrote on won a seat on the Waverly town council
the road diet was implemented. Facebook about an emergency, “The in November 2019. Matthew is not
Another financial question to ponder: city can deny it all they want, but I only addressing the Waverly problem
When cities impose road restrictions personally witnessed the effect the road from his elected position, he is also
and add traffic calming obstacles, they diet is having. Some emergency was networking with and advising other
become exposed to negligent death going on, and two volunteer firefighters Complete Streets opponents who are
lawsuits. Guess who ultimately is on the were stuck in traffic and could not get to fighting their own road diet battles for
hook for those damages too? where they were going in short order.” d
safer streets.
Every second matters, and so does Schneider ended a February 2019
www.motorists.org DF Winter 2020ADVOCATES
9
Kathleen Calongne: In Her Own Words
Like most things in people’s lives, my report called Problems Associated with
involvement in motorist’s rights was part Traffic Calming Devices. I came to be
effort and part luck. considered a recognized expert on the
I just happened to live in one of the subject.
more progressive college towns in the The temperature continued to rise on
US, Boulder, Colorado, so it was no both sides of the discussion in Boulder.
surprise that when traffic calming made An organization opposing traffic
its way to the US from Europe, our city calming formed under the name of
council was one of the first to sign on. “Citizens Concerned about the NTMP”
A plethora of calming devices (Neighborhood Traffic Mitigation
were planned for my neighborhood Projects). A member, engineer and
at taxpayers’ expense. This clumsy scientist Ronald Bowman, accepted the
attempt to drive away traffic unwittingly challenge to answer a question raised by after became the organization’s assistant
created dangerous delays for emergency a city council member — “Which risk is director.
responders. Our fire department began greater, the risk from speeding vehicles When Mr. O’Toole was asked by
to speak out about their concerns. Their or the risk to citizen survivability the Independence Institute to come to
comments were downplayed if not from delay to emergency response?” Denver to work on transportation issues
ignored. Bowman’s analysis included a shocking in Colorado, he needed an assistant. As
My 20-year, on-the-job training as a conclusion: 85 people were likely to I was living in Colorado (luck), I had
Pan Am flight attendant, heightened my die from a one-minute delay citywide the good fortune to conduct research for
awareness of the importance of rapid before one life might be saved by traffic that great organization under Randal for
response to emergency situations. I also calming devices. (Deaths Expected from more than a year.
had majored in English Lit in college Delayed Emergency Response Due to Since that time, I’d faded into
and enjoyed writing. Therefore, my first Neighborhood Traffic Mitigation, 1997) peaceful obscurity until road diets, or
op-ed appeared in Boulder’s independent This was followed by a master’s thesis the narrowing of streets, became the
weekly The Camera on the subject by former Fire Chief and Emergency new flavor of traffic calming in places
of traffic calming and its impact on Services Training Director, Les Bunte, like Los Angeles. Keep the US Moving
emergency response. at Texas A&M, who based his study on found me and requested a presentation at
There was almost no research Bowman’s analysis and my report. their first conference in Los Angeles this
about the impact of traffic calming When transportation expert Randal past October. I was happy to update my
on emergency rapid response at the O’Toole called fire departments to find research.
time, so I began voraciously collecting someone to address the first American It’s my hope that my story of activism
related articles from across the country. Dream Coalition conference on the inspires others to feel that pursuing an
Soon I was getting so many calls for subject of traffic calming, he said the issue as an activist can achieve real
information from Fire Departments and only name anyone knew to offer was results, and can open up opportunities
individuals, that in 2000 I compiled mine. So, I spoke at the first yearly ADC they might otherwise not have had. d
my research into a self-published conference in Washington DC, and years
NMA’s Bill Tracker for 2020
One year ago, the National Office launched the NMA Bill/Regulation Tracker. We have learned a great deal in the past year
working with the Bill Tracker.
We encourage you to check it out at https://www.motorists.org/bill-regulation-tracker/, particularly with many states starting
new 2020 legislative sessions and introducing bills of importance for motorists. The Bill Tracker table can be sorted by any
column and filtered by state or by particular motorist issues. If you click on a row in the table, an information page will appear
for that particular bill. We also have a link marked in red on each individual page that goes straight to the content of the bill
along with all the details such as bill sponsors and the legislative timeline.
If you hear of a motorist-related bill in your own state, please send us details at nma@motorists.org so that we can evaluate it
for the NMA Bill Tracker. Thank you for your support of motorists’ rights in your state! d
DF Winter 2020 www.motorists.org10 NMA Survey
NMA Survey on U.S. Fuel Economy Standards
We posted an online survey in
November 2019 designed to better
understand member sentiment toward
government-imposed fuel economy
standards. In late 2018, federal agen-
cies suggested freezing the fleet average
for automakers at 37.0 miles per gallon,
the 2021 target, for the foreseeable
future rather than extending it to the
previous target of 54.5 mpg by the vehi-
cle model year 2025.
A bit surprisingly, as the graph of
overall results illustrates, there wasn’t a
strong consensus on what the fuel econ-
omy standard should be going forward.
We have included a few representative
comments from survey takers here.
but by incenting innovation and increasing it I used to work for an OEM automak-
For a more detailed look at the survey
at a realistic rate. er. The lead times to develop a vehicle
responses, please visit https://www.
---------- are incredibly long. The automakers
motorists.org/fuel-economy-stds-nov-
The auto industry and market are in a have already done the product planning
2019-survey/.
period of transition to electrified vehicles. and pre-production work for the 54.5
----------
But that will take time for the technology mpg standard. Plus, Europe and China
The Obama-era fuel-economy
to develop, costs to come down, and the re- require similar efficiency standards on
standards were a political gesture, and
charging infrastructure to catch up. Current a similar timeline, so the automakers
are obviously unattainable. Rather than
requirements don’t take that into account will need to produce similar vehicles for
preserve this fantasy-based aspirational
and are so draconian that expensive electric other markets anyway; they’d prefer
standard, fleet fuel economy should be
vehicles would be forced onto the market. to sell the same products and same
allowed to find its own level as dictated
This will cause people to hold their older, powertrains in all markets as much as
by fuel price, consumer choice, and the
more polluting cars longer, hurt the domestic possible. And, as I’m sure you’re aware,
price of technology.
auto industry, and greatly inconvenience many the fuel economy that we’re all familiar
----------
people. Let the market decide the rate of with (on the “sticker”) is not the same
CAFE standards are a “slippery slope”
introduction of these technologies, not the as the 54.5/37.0/27.0 mpg fleet fuel
argument. Either allow the free market
heavy hand of government. economy that we’re talking about here;
to regulate vehicular fuel consumption,
---------- the adjusted average MPG of the fleet
or if government mandates are to be
I believe that the 37 mpg is more realistic, will be much lower than any of these
implemented, simply raise the federal
but more importantly, I believe that Amer- numbers.
gasoline tax. Improved fuel economy
icans should have a better range of choice ----------
will occur as a natural consequence.
for their cars. Once again, the government I see no reason for a CAFE (fuel
----------
is trying to force us into cars that many of economy) standard to exist at all. Mod-
Automakers should still be pressured
us do not want. I also remember how bad ern electronics and fuel controls have
to find creative ways to produce higher
cars were when the first big CAFE jump more than accomplished the purpose of
mileage vehicles, especially since US
was implemented. Also, CAFE is a national balancing fuel economy and emissions.
auto buyers are moving more and more
issue. States, such as California, should not be As a consumer, I am amazed at the
towards larger, less-efficient vehicles
allowed to set different standards. That would power and economy achieved in a com-
(trucks and SUV’s). This is NOT a safe-
make cars even more expensive and less us- mercially available automobile. CAFE
ty issue as you allude to, it is a realistic
er-friendly. Consumers in rogue states would accomplished its goal. Retire the CAFE
concern - we need higher MPG, not by
forcing automakers within a timeframe,
suffer a greater injustice. standard completely. d
----------
www.motorists.org DF Winter 2020STATE ROUNDUP 11
not want to be tracked by city cameras
DRIVING NEWS everywhere he drives. Miami-Dade County
Circuit Court Judge Abby Cynamon
rejected the city’s attempt to have the
This information is current at time of printing. Get daily driving news updates from
lawsuit thrown out on the grounds that
across the country through the “NMA Driving News” area of our website www.mo-
motorists should not expect privacy. The
torists.org/news/. For even more in-depth coverage of motorists’ issues from some of
judge wrote in her finding, “This court finds
the country’s leading commentators, visit the NMA Blog at www.motorists.org/blog/.
that there is a bona fide, actual, present
and practical need for a declaration as to
Arizona the negative consequences to traffic and whether the collection of such informa-
In a surprise move, the Phoenix City motorists of eliminating the 85th percentile tion violates the plaintiff’s privacy rights.”
Council voted not to renew the current rule. Considered the state’s leader in ALPR use,
red-light camera contract, set to expire at Coral Gables took over 30 million license
the end of 2019. The city operated red-light Delaware plate photos in 2018.
cameras at 12 of 1,100 signalized intersec- Superior Court Judge Abigail LeGrow
tions. The program generated more than $7 denied the appeal of motorist Stanley Georgia
million in fines from September 2009 to Lowicki’s May 2017 $172 red-light camera Update: In Mobley v. the State (see
September 2018. ticket. The ticket fine was $75, with nearly the cover story of the Fall 2019 issue of
$100 added in additional fees, but the Driving Freedoms) the Georgia Supreme
California surcharges were just under the minimum Court upheld a motorist’s right to black box
Governor Gavin Newsom uncharac- amount that could be appealed. The judge privacy. Police must now obtain a search
teristically vetoed a Complete Streets Bill agreed with a lower court ruling that main- warrant before downloading data from any
in October. He had stated before that he tained the fees tacked onto the fine did not vehicle’s black box (electronic data recorder
supports building more walking and biking constitute a “civil penalty” under state law. or EDR).
infrastructure, but claimed this bill created
an approach that would be too prescriptive District of Columbia Kentucky
and costly. Several weeks later, though, The city council denied Mayor Muriel Jefferson District Court Judge Julie
Newsom signed an executive order that Bowser’s request several times to move 20 Kaelin ruled in September that three
gutted road funding set by SB1—a highly city employees who oversee the automated sections of state law that govern speeding
controversial 2017 law that increased the traffic program from the police depart- are vague and unconstitutional. In October
state’s gas tax to 47.3 cents per gallon, ment to the DOT. By executive order, she 2018, motorist Kevin Curry received a
the highest in the country. He directed the did it anyway to support her Vision Zero speeding ticket on Interstate 71 for going
Department of Transportation to leverage strategy and to exert more control over 26 miles per hour over the limit (93 in a 55
the more than $5 billion collected annually the ATE program. Critics slammed the zone). He decided to fight his ticket. Curry
from the tax to help reverse the trend of fuel mayor’s actions, and said that she plans to hired an attorney who argued that the state’s
consumption, and reduce greenhouse gas increase the number of cameras because speeding laws are convoluted and unclear.
emissions. Many local governments and her real mission is to generate more money The most significant issue noted: State law
voters expressed outrage by the bait and for the city. The city already runs 171 does not reference speed limit signs in any
switch on SB1. automated traffic cameras: 107 speed, 48 way. Judge Kaelin noted, “Again, this is
red-light cameras, and eight truck size a challenge to the face of the statute, and
Anti-car adversaries are already gearing and weight limit cameras. Last year, DC it simply does not matter that speed limit
up for the Zero Fatalities Task Force Report made $324,531,271 from 2.7 million speed signs could be or should be enough because
due to state lawmakers in January. Basing camera tickets. the statute does not refer a motorist to such
the speed limit on criteria other than the signs.” Police across the state continue
85th percentile will likely be part of the Florida to enforce speeding as before. Jefferson
report. Walk San Francisco has already An automated license plate reader County Attorney Mike O’Connell plans
urged supporters to ask lawmakers to (ALPR) lawsuit against the City of Coral to appeal the case, and the challenge will
support local governance of speed limits. In Gables will move forward. Working with likely head to the state’s Supreme Court.
October, Jay Beeber and Gary Biller spent the New Civil Liberties Alliance, motorist
several days meeting with legislators about Raul Mas Canosa is suing because he does (Continued on Page 12)
DF Winter 2020 www.motorists.org12 STATE ROUNDUP
(Continued from Page 11) Missouri an interlock device in his or her car. Before
Massachusetts St. Louis Mayor Lyda Krewson recently Senate Bill 712, the DUI process was long
When the House passed a law that would hatched up a scheme to bring back auto- and drawn out. It started with a hearing at the
ban flavored e-cigarettes, lawmakers author- mated traffic enforcement cameras. She Department of Public Safety (not a court),
ized the civil asset forfeiture of cars driven said St. Louis needs them to help improve which made every person arrested for a DUI
by vapers caught with “untaxed and illegal compliance by motorists because the city put an interlock device in their car before a
products.” State law already allows CAF has a chronic shortage of police officers. conviction.
of anyone who has untaxed cigarettes and Red-light cameras (RLCs) are still in place
tobacco products inside their vehicle. The at various intersections, and now speed Texas
Senate quickly stripped vehicle forfeiture cameras would be part of the mix, too. Austin’s city auditor released a report
from the vaping bill. Senate Minority Leader The State Supreme Court ruled in 2015 noting there is a remote possibility that the
Bruce Tarr then questioned why lawmakers that cameras needed to take photos of city will be able to achieve its stated Vision
would create a double standard between drivers, not just license plates. This ruling Zero goal of eliminating all traffic deaths
cigarettes and vaping products. A special shut down most state camera programs and severe injuries by 2025. The audit also
commission is currently examining the including that of St. Louis. Former St. raised questions about whether the funding
state’s civil asset forfeiture laws. Louis County Police Chief Tim Fitch, who from a 2016 bond spent on Vision Zero has
fought against RLCs beginning in 2011, been effective. In the review of crash data,
Michigan said he is still against the revenue genera- the auditor examined how dangerous the
State lawmakers have been grappling tors. Within a week of the announcement, 28 intersections were before VZ program
with how to pay for roads. Earlier this year, now Councilman Fitch introduced a bill implementation: “Our review of docu-
a controversial plan by Governor Gretchen to ban RLCs throughout St. Louis County. mentation related to improvements at these
Whitmer to enact a 45-cents-per-gallon fuel The bill requires county voters to decide intersections indicated there were few fatal
tax hike was defeated. Now, legislators have the issue at the 2020 ballot box. or serious injury crashes between 2012
posted Senate bill 517 to study the possi- and 2016.” As of late September 2019, the
bility of assessing road tolls. Earlier this year, New York number of traffic fatalities on Austin streets
MDOT said it needs at least $1.5 billion The New York City Council passed the was up 20 percent from last year with VZ
more to improve the condition of state Streets Master Plan, which was quickly measures in place.
highways. Senate Majority Leader Mike approved by Mayor Bill de Blasio. The
Shirkey posted his own proposal of getting plan was spearheaded by mayoral candi- Washington State
rid of some roads, saying, “We’ve got too date and current Council Speaker Corey In the November 2019 elections, state
many roads…we have way more roads per Johnson, who has declared he wants to voters passed a measure limiting vehicle
capita than most states do.” He added that break the city’s car culture. The NYC DOT surcharges on car tags to $30. Property taxes
roads would not necessarily have to close, will begin implementation in December will now be assessed on the vehicle’s value,
but maybe “some roads should go back to 2021—one month before de Blasio leaves as indicated by the Kelley Blue Book, not an
gravel.” office. The legislation requires the city to inflated valuation imposed by state officials.
build 250 miles of protected bike lanes and Initiative 976 also eliminated the ability of
Minnesota 150 miles of dedicated bus lanes over five Sound Transit – the regional transit authority
The state DOT has been raising speed years. Soon after the plan was approved, – to impose taxes on drivers. Washington
limits on many highways after conducting two council members introduced legisla- has been taking in $700 million per year
traffic studies over the past year. Now, tion to create two new city agencies: Office from motorists, with most of the funds
Minneapolis, St. Paul, and Rochester want of Active Transportation and Office of going to transit projects in the Puget Sound
to lower inner-city speed limits from a Pedestrians. area. Tim Eyman, who is now running for
default of 30 to either 20 or 25 mph. The governor, led the effort to pass I-976. He said
legislature recently gave cities the power to Oklahoma after the win, “If Seattle wants a massive
change speed limits for residential streets Drivers arrested for a DUI now have multi-billion dollar boondoggle, don’t force
that primarily serve neighborhoods. Avenues two options: go directly to District Court to the rest of us to pay for it.” The state’s
that are throughways or connect directly fight the case or join the “Impaired Driver various municipalities and transit agencies
to busier streets would not be allowed to Accountability Program” within 30 days expect the measure to be challenged in the
change. of arrest. The Accountability Program now courts. Meanwhile, they are scrambling to
allows a motorist to “voluntarily” put an d
adjust to the new fiscal reality.
www.motorists.org DF Winter 2020You can also read
