Loading...
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 z /� 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