Citizen Correspondence, Gary Huges_Traffic CamerasMayor and City Council
Dubuque City Hall
50 West 13th Street
Dubuque, Iowa 52001
RECEIVED
11 DEC 29 AN 10:2 I
City Clerk's Office
Dubuque, IA
Att'n: City Clerk (for Council Distribution)
Subject: Legality of Traffic Cameras
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1885 Geode Street
Marion, IA 52302 -5662
December 27, 2011
It is my understanding the City of Dubuque is considering the installation of traffic cameras to
automatically issue citations to registered owners of vehicles that violate laws pertaining to speed
and/or stop. I urge the City Council to abandon such intent, as current law providing such
surveillance has an outstanding issue with legality. The issue is not whether camera surveillance
is possible, (as the Iowa Supreme Court has ruled), but rather the manner in which it is
undertaken, which is pending different court challenge. Specifically, traffic cameras that only
record the rear license plate of a vehicle in order to issue a citation violate the equal protection
clause of law, as not all vehicles that travel Iowa roadways are treated equally.
This is because those with an apportioned registration are only issued one license plate for
display on the front of their vehicle. Without a rear- facing plate, they will never be cited for a
violation (when only rear plates are photographed).
It is important to note that apportioned registrations typically apply to semi - trucks, but may also
include any /all vehicles in the fleet.
Granted, a trailer hauled behind a semi should have a separate registered license plate. However,
that raises issues with a camera issued citation, as it is not unusual for independent truckers to
pull a trailer owned by someone else. For example, should the registered owner of a trailer be
cited for a moving violation caused by someone else's vehicle? Likewise, can a non - motorized
trailer really be cited for a moving violation?
Besides, semis don't always have a trailer behind them (again, where no registered license plate
is displayed).
Regardless, with emphasis, it is again noted that apportioned registrations "may also include
any /all vehicles in the fleet ". For example, I have an independent trucker friend who has
included his pickup truck as part of his apportioned "fleet" (note: just a standard / typical
pickup) together with his semi. Because his pickup with an apportioned registration legally
displays just a single license plate on the front, with no registered license at all on the rear, he
will never be issued a citation for violation by a traffic camera (such as those utilized in Cedar
Rapids).
To validate this, I e- mailed inquiry to the Iowa Department of Transportation. Following is copy
of reply received:
From: "Mary Guillaume [DOT]" <Mary.Guillaume @dot.iowa.gov>
To: Gary Hughes
Cc: "Karen Smith [DOT]" <Karen.Smith @dot.iowa.gov >, "MCS MotorCarrier [DOT]"
<omcs @dot.iowa.gov>
Sent: Thursday, March 24, 2011 10:11:23 AM
Subject: Traffic Law - Question
Good Morning,
According to the International Registration Plan (IRP) we are required to issue at least one plate per
Apportionable vehicle to be displayed on the front of the vehicle (See official commentary from the IRP).
110 ONE REGISTRATION PLATE
It is the purpose of the Plan to implement the concept of one registration Plate for one Vehicle.
Official Commentary
This Section is not intended to prevent a member from issuing two matching Plates for an Apportionable
Vehicle and requiring those Plates to be displayed on the front and rear of the vehicle. Rather, the
Section presents as one of the foundations of the Plan the concept that an Apportionable Vehicle
registered under the Plan need not display a registration credential other than that issued by its Base
Jurisdiction.
Iowa is incompliance when issuing only one plate to be displayed on the front to a truck or truck - tractor
registered through the International Registration Plan (IRP). I have also attached a letter we send to
carriers who request documentation that we issue only one plate to be displayed.
If there is anything else I can do for you, please feel free to contact me.
Thanks,
Mary Guillaume
Administrative Assistant II
Office of Motor Carrier
Iowa Department of Transportation
PO BOX 10382, Des Moines, IA 50309
Ph: 515- 237 -3258 Fax: 515- 237 -3252
Please note I have attached copy of referenced letter provided by the Iowa DOT, that truckers
may use to substantiate they are legally registered for road use with just a single license plate
displayed on the front of their vehicle ... again, whether semi or any other vehicle of their fleet
that shares apportioned registration.
This finding of unequal protection (plus other rationale cited above) will certainly be applied to
challenge traffic camera law that, under conventional application of precedence, will result in it
being over -turned as unconstitutional on the basis of it being unreasonable, arbitrary and
capricious.
Again, I urge the City Council to abandon traffic cameras for the purpose of issuing automatic
moving violation citations.
Surveillance suppresses freedom.
Sincerely,
a
I (Ft,
ry A. Hughe
tr:8, Iowa Department of Transportation
Office of Motor Carrier Services Ph: 515- 237 -3268
P.O. Box 10382, Des Moines, IA 50306 -0382 Fax: 515 -237 -3225
E -mail: omcs{a,dot.iowa.gov
Web site: iowadot.gov /mvd /omcs
February 23, 2011
To Whom It May Concern:
Iowa only issues one plate to a truck or truck - tractor registered through the
International Registration Plan (IRP),
If you have any questions regarding the display of this plate, please call
515- 237 -3268.
Sincerely,
Tina Hargis, Director
Office of Motor Carrier Services
Motor Vehicle Division
TH :dgm