Red light cameras legal?

First contested ticket my challenge Hammond's traffic monitoring

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HAMMOND | When the City Council gave its approval Monday to installing red light cameras at six city intersections, it paved the way for the city to become the first community in the state to adopt the controversial automated enforcement system.

No Indiana community is among the 345 communities listed by the Insurance Institute for Highway Safety as having red light cameras.

State legislation seeking to establish red light cameras in Indiana has failed three times since 2001.

It was unclear Tuesday whether such legislation was needed for Hammond to take action to approve the system.

In an unofficial opinion rendered in 2001, the office of Indiana Attorney General Steve Carter deemed the use of the cameras on state and federal highways unlawful but did not address their use on local streets.

State Rep. David Wolkins, R-Winona Lake, said he believed the measure did require a change in law when he sponsored legislation in 2005.

"I really don't think (Hammond) has a right to do it," he said. "I don't think it falls under home rule."

Wolkins said he suspects since Hammond has approved the cameras, the question of legality may not be decided until the first ticket goes to court.

Under the local ordinance, the citations are treated like parking tickets with no points entered against the motorist's license.

"The first time I'll see these tickets is if (drivers) contest them and they become moving violations in my court," City Court Judge Jeffrey Harkin said Tuesday. If contested, the tickets increase from $100 to $211, which includes court costs. Typically 30 percent or more are contested.

"I'm satisfied the city will make sure that enabling legislation is in place before going forward with installing these lights," Harkin said. "I've got to think everyone will want to stop these scofflaws from continually running red lights and putting all of us at risk."

But state representatives overwhelmingly turned down the legislation in 2005.

"We absolutely eliminated every objection, but they just didn't want to do it," Wolkins said. "It only got 17 votes total."

Wolkins said some legislators objected because of privacy issues.

"There was the 'Big Brother' aspect," Wolkins said. "Indiana's a pretty conservative state."

Others questioned the motive behind the enforcement system.

"Some communities were using them as a revenue generator," he said. "It appeared the main object was gaining revenue more than saving lives."

Hammond is estimated to potentially receive $400,000 a year from each of the six intersections.

But Councilwoman at large JoAnn Matonovich, who sponsored Hammond's ordinance, said the measure increases both revenue and public safety.

"Anytime you can give police tools to stop crime and make the city safer, absolutely I'm for it," she said last week.

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