Photo firm seeks redo on traffic citations

A Scottsdale-based photo enforcement company is quietly trying to gather legislative support for a dramatic overhaul of the citation process that would change who is sent a ticket for speeding or running a red light.

American Traffic Solutions has met with municipal and police chief lobbying groups to pitch its idea of sending photo enforcement citations to the vehicle’s registered owner whether or not they were the driver, and not assessing points to a either the owners’ or drivers’ records.

Under ATS’ proposal, photographs would only be taken of the license plate and then the registered owner would be sent a citation. Currently, a photograph is taken of the driver and the license plate, which must be matched to issue a citation. Because there would be no driver photographs, the citations would no longer assess points against the registered owners’ or drivers’ license.

ATS CEO Jim Tuton said the company started pitching the idea after Gov. Janet Napolitano announced earlier this year the intention to create a statewide photo enforcement system that could include both urban freeways and rural highways, a contract ATS said it will pursue.

But it’s run into opposition so far among Scottsdale leaders and its top photo enforcement competitor, Redflex Traffic Systems, both for the details of the plan and how they believe ATS may be going about trying to implement the change.

A traditional legislative bill was not introduced. Tuton said he does not know how it would be passed, but there are no plans to include it in budgetrelated legislation. But Scottsdale and Redflex implied the changes being discussed could make their way into budget legislation that is far less transparent than a traditional bill.

ATS’ proposal is the way photo enforcement is primarily used across the country with the exception of Arizona, California and Colorado. In Illinois, photographs of drivers are only taken in work zones.

In other states there is a 90 percent rate of citations being paid, Tuton said. In Arizona, about 50 percent of citations are paid, but only about 25 percent of the actual detections since a sizable number of detections never result in citations. The plan would not only increase revenue, but would eliminate the need for process servers. The company is also using a safety pitch, saying the end of driver photographs means drivers will no longer try to cover their faces and risk crashes to avoid being recognized.

ATS currently has local contracts in Mesa, Phoenix, Avondale, Glendale and nationally in New York City, Philadelphia, Houston, Washington, D.C., and about 50 other cities. Last week, Scottsdale recommended ATS for the new city contract that starts July 1, but it has not yet been approved by the City Council.

Tuton said the changes are not about money, but fairness and a more efficient use of the technology.

“Whatever happens has to be endorsed by the majority of our customers,” Tuton said. “It has to be the right way to go and for the right reason.”

Ken Strobeck, executive director of the League of Arizona Cities and Towns, said ATS representatives met with him to discuss the newly proposed system.

Strobeck said the league, a lobbying group for state municipalities, has not taken a position. The proposal was also presented during a meeting of the Arizona Association of Chiefs of Police.

Redflex spokesman Jay Heiler said his company, which is also expected to bid for the state contract, does not support ATS’ proposal or any strategy to include enforcement changes in a budget bill.

“If the law is ever to be changed in that fashion, it will require full public process in a piece of freestanding legislation where the public and government leaders and municipal leadership and all the interested parties can enjoy a full airing of the issue,” Heiler said.

As a result of Scottsdale’s Loop 101 pilot program, the state is developing a statewide photo enforcement contract but has yet to seek bids. ATS’ proposed changes would likely have an impact on projected state revenue from the program because of the expected higher collection rates. It could also lead to more money for Arizona communities.

But Scottsdale Mayor Mary Manross, a strong proponent of the first-in-the-country freeway program, does not support the ATS proposal.

“If a penalty for speeding is no more than a penalty for a parking ticket, it will not deter those who want to speed,” Manross said. “How will that create safer driving?”