Duncanville red light cameras remain in effect after ruling

by Danielle Parker of Duncanville TODAY

After receiving a citation in the mail, most Duncanville and Cedar Hill violators bite the bullet and pay the fine, but not Lloyd Ward, a Dallas attorney. After receiving his citation, Ward did some research and discovered possible violations from the red light camera vendor ACS that issued him his ticket.

Ward found that ACS operates under a business license, not an occupational license necessary to collect photos and information for prosecution, according to the Private Security Act.

The Private Security Bureau of the Texas Department of Public Safety, however, released a statement explaining that the red light cameras do not fall under the same regulations as photos taken by private investigators, because red-light violations are civil, not criminal.

“The photographic traffic signal enforcement systems Š are operated and overseen by the municipalities, not by the contractors,' DPS private Security Bureau said. “The contractors' activities are generally ministerial, and are performed at the direction of city employees. Thus the municipalities are the entities that “secure evidence” for use at hearings associated with the photographic traffic signal enforcement system, and as governmental entities, they are exempt from the licensing requirement.

“Photographic traffic signal enforcement systems are operated for the express purpose of detecting a violation or suspected violation of a traffic-control signal.”

District Court Judge Craig Smith sided with Ward saying ACS is operating illegally in the state of Texas and should refund fines paid.

Citations in Cedar Hill are typically $75 for each offense, but do not count against driving or insurance records.

For Duncanville, its purpose behind implementing the traffic signal enforcement systems in July 2006 was public safety, according to City Manager Kent Cagle.

“We have a number of intersections in Duncanville, and it is difficult to have our officers to monitor each one,” Cagle said. “Our only intent is to keep our citizens safe the best way we know how.”

Many careful drivers who have been caught by the cameras question the effectiveness of such a system.

“I believe the purpose of our traffic laws is to protect the safety of citizens. Automated law enforcement enforces the letter of the law, not the intent,” Cedar Hill resident Robert Eden said. “I do not see how making a rolling right turn at a red light at a deserted intersection at 2 a.m. threatens public safety.”

Duncanville has placed two cameras at four of its intersections, which annually costs the city $468,288.

“We have to pay that amount, and any money we make after that is split 50/50 between the state and invested to upgrade our current traffic signals,” Cagle said. “It is an expensive program, but we believe it is worth the investment.

A common complaint among local drivers is tickets received for right turns on red lights.

“My sister, my husband's friend and I, have all gotten a ticket at Hwy. 67 and Danieldale for making a right turn on red. And we all stopped,” Duncanville resident JoDee Meyers said. “But the police officer said that you have to stop before the white line, and if you cross the white line at a speed greater than two miles an hour the camera will go off. So a stop is not a stop when it comes to the red light camera.”

An officer views each violation before a citation is issued.

“I do realize that these devices have decreased accidents at some intersections,” Eden said. “But, what has been the cost to “safe” drivers and does the benefit justify the cost to the public at large?”

Not all drivers are opposed to the cameras.

“I wish that there were cameras on every corner where there is a red light or even a stop sign,” Duncanville resident Carla Fahey said. “My daughter-in-law received a red light ticket and she was guilty, so she paid it. In our family: If you do the crime, you pay the fine.”

Fahey along with others believe there is a price to pay for breaking the law. In this case it is $75.

“I love the cameras, because the proof is in the pudding,” Fahey said. “We live in a society where no one wants to take blame for their own actions. Some whine that it is either not fair or it was someone else's fault. Regardless of the reason or excuse, we need to own up to our actions.”

In Ward's opinion, he believes the system is illegal in Texas and has filed federal class action lawsuits against two other red light companies. ACS has one month to appeal the court's decision.

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