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Lawsuit targets photo radar's FCC status
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When speed-enforcement units first began monitoring Arizona's roads and highways, the radar units were not yet officially certified by the federal government. The company providing the equipment to the state admitted as much.
With that admission in hand, a Phoenix man is suing the company - and the potential results of this legal action may carry wide-reaching ramifications.
Oral arguments will be heard Thursday morning in James G. Tavernetti's lawsuit against Redflex Traffic Systems and the town of Paradise Valley.
Attorney Tom Moring said the suit would be perfect for class-action status, meaning it could cover anyone in Arizona who has been snapped by a Redflex unit while speeding.
"As we looked around and saw the kinds of contracts Redflex has throughout Arizona ... we thought, 'I bet there are literally thousands of people who have been affected by this,'" Moring said.
According to the suit, filed last August, Tavernetti was issued a citation for speeding on Lincoln Drive on June 18, 2008.
But the suit claims Redflex, which operates the radar units on behalf of municipalities and the state, was using technology that had not been properly approved by the Federal Communications Commission. The FCC is the regulatory agency involved, as the radar devices transmit and receive radio waves.
Using an unapproved radar unit is a violation of federal law, the lawsuit said.
Redflex President and Chief Executive Officer Karen Finley, in a letter dated shortly before the lawsuit was filed, told the Arizona Department of Public Safety the radar units were FCC compliant - although not yet FCC certified.
But Finley assured state officials "the pending FCC certification does not reflect on the accuracy or reliability of the radar units."
Moring compared that argument to a unlicensed motorist pulled over while safely driving: No harm was caused by the action, but breaking the law is breaking the law.
Redflex declined to comment, as litigation is ongoing.
The suit is being heard in Maricopa County Superior Court's Northeast Regional Court Center.
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