State Politics

As Chesapeake begins its quest to join Virginia Beach as a photo-enforced city, I once again must question the need for red light cameras. Before I go further, let me say that I do not believe in their effectiveness. I think that increase the number of rear-end accidents at each intersection and I do believe that each jurisdiction uses them for a source of revenue and not to actually protect the public. You can’t really argue too much with the part about accidents increasing. VDOT’s own study in 2007 (The Impact of Red Light Cameras [Photo-Red Enforcement] on Crashes in Virginia) indicated that accidents increased at many Virginia intersections with red light cameras. True, they did reduce accidents at some, but the effectiveness is relatively unpredictable. The reason that I think that cameras are use for revenue rather than for safety: If it was truly about safety and the public was in danger, Police Departments would divert resources from other areas to fight the epidemic of red light running. A police-issued summons would add points to a driver’s license, a hefty fine and/or community service, and increased insurance costs for that individual. The impact of a camera-issued summons? $50. That is of course, if you choose to pay it. Thats the best part. By law in Virginia, you do not have to pay your ticket just because a ticket came in the mail. I discovered this recently in a Virginia Motorists Association article from 2009. Their article was commenting on an editorial at the time in the Washington Post. Basically, they cited two Virginia laws. The first, § 15.2-968.1, specifies how to send the summons. It says,

G. A summons for a violation of this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section may be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person’s ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. Any summons executed for a violation of this section shall provide to the person summoned at least 30 business days from the mailing of the summons to inspect information collected by a traffic light signal violation monitoring system in connection with the violation.

In other words, the city can send you a violation notice if you run a red light. It will be address to the registered owner. You can use the information contained on the violation to file an affidavit affirming that you were not the driver at the time of the violation. If you fail to pay or appear in court, the city must them serve a second summons. The next law tell the city how that summons must be served. § 19.2-76.3 says,

A. If any person fails to appear on the date of the return contained in the summons issued in accordance with § 19.2-76.2, then a summons shall be delivered to the sheriff of the county, city or town for service on that person as set out in § 8.01-296.
B. If such person then fails to appear on the date of return as contained in the summons so issued, a summons shall be executed in the manner set out in § 19.2-76. C. No proceedings for contempt or arrest of any person summoned under the provisions of this section shall be instituted unless such person has been personally served with a summons and has failed to appear on the return date contained therein.

That means that they have to physically serve you with a summons before you can be  fined for running the red light or for failing to appear. So what should you do if you disagree with the use of traffic cameras and you happen to run that red light? Forget about the violation. Chances are they wont serve you with anything. That costs a lot of money and cuts into the potential profits. If they do, its no big deal, just go pay the ticket.

Note: Running red lights is dangerous and you should never run a red light just in spite of it. Please, for the sake of everyone else, this is only for those times that you, say, don’t want to be rear-ended by the moron tailgating you three inches from your back bumper. Also, I have presented the text of the law for you to interpret and use as you see fit. While I have pointed out that the law requires the hand-serving of a second summons, my opinion does not constitute legal advice. If you want that, talk to a lawyer. Or, just don’t run red lights. If you do, it is your responsibility to know the law and to make appropriate decisions.