Category: safety

DPS says photo radar major factor in drastic fatality reduction

Arizona DPS in a press release Dec 29, 2008 cited photo radar as a major factor in a 59% decrease in fatal crashes for the 80 days of “enhanced” photo-radar enforcement, compared to the same period in prior years on Phoenix metro highways.

A modest decrease in miles driven is also a factor.

The statewide fatality decrease in 2007 (over 2006) was dramatic, and it remains to be seen how this will compare to full AZ 2008 stats.

Photo enforcement remains controversial but report by ASU Civil Engineering professor Simon Washington  Evaluation of the City of Scottsdale Loop 101 Photo Enforcement Demonstration Program confirms not only safety benefits but also time and financial savings due to reduction in crashes.

On the other hand, critics claim that the cameras have no effect on safety; the most strident claim that cameras cause an overall increase in crashes — but so far at least that is all they are, claims.

the enabling legislation for the so-called enhanced photo (DPS / state-run) is 48th 2nd regular session HB 2210 “budget reconciliation; criminal justice” (which is very long and has lots of stuff in it; it was also apparently a striker because the original name was “regents; scholarships;”), see  §41-1722, [some updates 3/1/2013 — much has changed, in particular it looks like that statue is now missing due to repeal, see all of chapter 41; also see process-servers-and-personal-jurisdiction] which among other things gets rid of points, and changes (see changes to  process service requirement.

General rules for commencing a civil traffic violation “by filing” (photo tickets are filed as opposed to issued) are specified in 28-1592 and 28-1593; say that complaints must be filed within 60 days and served within 90 days from filing. There are exceptions if the incident involves a traffic collision and investigation. Do these rules apply to photo tickets? dunno, as far as i can see there are no alternatives. And how this jives with Rule 4(d), i dunno either, see below.

Here are a bunch of “emergency changes” to the Arizona rules of civil procedure, effective Sept 2008. These are mostly regarding the complaint and service provisions of phot0-radar violations.

…

There was an article in June 2009 issue of Perfectify magazine written by Arizona Attorney Monica Lindstrom Smile for the Camera (p.44). It gives some general background regarding service requirements

Under Arizona rules of civil procedure, Rule 4(d), a complaint must be served within 120 days. for purposes of a photo radar ticket, the “complaint” is the ticket and it is typically considered filed on the day of the violation (the day you were speeding or ran the red light). In other words, the government has 120 days to serve you with the ticket. If it fails to do so, then the ticket is dismissed — unless the government asks for more time. Beware some cities are using “alternative service” which can be by publication in a newspaper or posting it on your door. I recommend keeping up with the news in your area and doing periodic internet searchs to see if your city/town/county is employing this sneaky method.

I am not aware of any such “alternative service”.??

Strangely/inexplicably, she seems to not understand that there are no points associated with photo radar (speed cameras).

 

Thomas says no to criminal speeding

In a surprise move (a surprise to DPS, that is. Is this more politics than law?), Maricopa county attorney Andrew Thomas announced (Feb 24,2009) that his office will not charge motorists flashed at 20+ over with “criminal” speeding. Cities within Maricopa county, as well as everywhere outside of Maricopa are not affected by Thomas’ decision.It wasn’t clear to me if the DPS photo citations go to the city, or to the county by default (I’m guessing they go to the county?).

His whole explanation is silly; e.g. his claim that it is unconstitutional since “you can’t cross-examine a camera”. This is absurd, how does he support any other machine-based evidence? breathalyzers (or blood analysis machines), photographs, surveillance videos, wiretaps and so forth. they can’t be cross examined either.

In Arizona, criminal speeding is defined by §28-701.02 “Excessive Speeds, Classification”. The reference to 20 over isn’t completely accurate on the highway, it refers to over 85mph — i.e. 20 over if the posted limit is 65mph, but 30 over if it is 55. The general reasoning, which is said to be an “informal” opinion is that criminal requires a higher burden of proof than photo-radar alone can provide and as such they will decline any such cases. The DPS has indicated it will request a formal opinion on the matter from the Attorney General.

Attorney General says yes to criminal speeding

That didn’t take long. In a Feb 27th memorandum, Attorney General Terry Goddard knocked Thomas’ claims; “Mr. Thomas’ anecdotal explanations of potential abuses of the criminal process based on the use of photo radar do not provide a reasoned basis for an assertion that photo radar cannot be used to establish a criminal violation.”

“Arizona courts have similarly authorized evidence derived from other types of devices, such as video-tape recorders or cameras… there is no reason to believe the same rule would not be followed by Arizona appellate courts were the issue to be raised here.”

“Mr. Thomas states that prosecutions based on photo radar evidence would violate the Confrontation Clauses of the United States and Arizona Constitutions because a defendant would have ‘no opportunity to question or cross-examine a camera.’ Mr. Thomas ignores, however, the fact that non-testimonial evidence such as a surveillance tape or an Intoxilyzer test result is routinely admitted in criminal cases without implicating the Confrontation Clause. Under Mr. Thomas’ interpretation of the Confrontation Clause, the evidentiary use of surveillance tapes or Intoxilyzer test results, as well as any other mechanical measuring device, would be improper because there is no opportunity to question or cross-examine the tape or the measuring device. Furthermore, the United States and Arizona Confrontation Clauses, by their express terms, only afford a criminal defendant the opportunity to confront the witnesses against him… A defendant’s right to confrontation does not extend to physical evidence”

Thomas Responds

(do we have a dyfunctional system going here in AZ or what?) From KTAR story dated Feb 27th:

“[Goddard’s] main goal seems to be avoiding being pinned down on controversial issues,” Thomas said. “Quite frankly, that’s one of the reasons why this amazes me. You never hear him weighing in on the controversial, tough issues that I take on”

Then he switches to… drum roll please… immigration enforcement!

“Since the first year I took office, he and DPS have refused to fully enforce the immigration laws of this state,”… “DPS has released one van load after another of illegal immigrants stopped on our highways.”

Miles driven off sharply in 2008

First high gas prices, then the economic slowdown has meant a sharp decrease in miles driven in Arizona. “Arizona drivers put 295 million fewer miles on their cars in October compared with October last year, a 6 percent decline and the 11th consecutive month traffic has dropped”

It will be interesting to see what impact this has on crash rates for 2008. Arizona posted a huge drop in fatalities for 2007, the per-mile stats still have not been posted for 2007; though Arizona is perennially high compared to US as a whole. Continue reading “Miles driven off sharply in 2008”

Is walking risky?

Risk by mode share; walking is commonly considered “risky” but what does that mean? After all, all forms of transportation have some risk. When compared on a per-trip basis — as opposed to, say, a per-mile rate — we find that pedestrian fatalities are only slightly over-represented, both for Arizona and for US averages. For example, the Arizona estimated mode-share for all trips is 9.3%, whereas pedestrian fatalities were 12% of all traffic fatalities for the period 2003 to 2006.

Some authors have argued that walking (and cycling. See, e.g. Pucher) is wildly risky.

Reference:
ADOT’s Pedestrian Safety Action Plan Study, Working Paper 1, Exhibit 2-3.

Mionske: Can’t we do better?

In Bob Mionske’s Nov 20th column, Can’t we do better?, he asks “What do you think can be done about cyclist safety?”…

2007 Fatals by type

This may sound trite but, to improve cyclist’s safety I think the best thing to do is focus on improving traffic safety.  I know it’s easy to read yet another apparent case of a negligent motorist hurting/killing a cyclist, getting off scot free and then feeling that “the system” is stacked against cyclists. But this loses sight of the fact that the problem isn’t limited to cyclists as victims, all categories of motorist’s victims, including other motorists, are treated just as shabbily. Cyclists’ fatalities represent less than 2% of the 41,059 traffic deaths (NHTSA 2007 Traffic Safety Annual Assessment – Highlights)

There are other, far larger, constituencies who are also subject to these same injustices; pedestrians, motorcycle operators, and the largest of all; passengers and innocent drivers. These groups — which includes just about everybody — are all victims of negligent drivers.

So the key, in my view, to tightening up laws which would actually punish negligent drivers is to broaden to appeal beyond the tiny community of active bicyclists to involve as many of these other groups as possible.

So without this becoming a laundry list — consider for example victim Lance Adams who was killed in Mesa, AZ April 2005 WHILE WALKING ON THE SIDEWALK… no criminal charges(prosecutor says “no likelihood of conviction”), no citations. Matthew Hayes Peterson said he blacked out, causing his vehicle to jump the curb. The young man who killed Lance had a previous speeding violation, and somewhat incredulously was ticketed for speeding again on Dec 14 (90mph! in a 65. As of story Feb 1, the outcome of that ticket was still pending).Prosecutors won’t seek criminal charges against a 21-year-old driver who ran over a Mountain View High School student last year, saying there isn’t enough evidence to prove he was impaired.

DRIVER WON’T BE CHARGED IN STUDENT DEATH

Jim Walsh. Arizona Republic.  Jan 31, 2006.

Lance Adams, 15, was walking home from school on a sidewalk April 11 when he was struck and killed by an SUV driven by Matthew Hayes Peterson.

Mesa police sought manslaughter charges in late December after obtaining long-delayed test results from the Arizona Department of Public Safety’s crime lab on drugs found in Peterson’s system.

But Krystal Garza, a spokeswoman for Maricopa County Attorney Andrew Thomas, said in a statement that the case was sent back recently to Mesa police.

“Based on the information submitted to date, we don’t believe there is a reasonable likelihood of conviction,” Garza wrote. “One factor in this decision was there were no signs of impairment that could be tied to any substance, legal or illegal, in the suspect’s system.”

Peterson told police after the collision that he blacked out before his 2000 Toyota RAV4 jumped a curb in the 1400 block of North Lindsay Road and struck Adams.

The lab tests measured the amount of marijuana metabolite found in Peterson’s system, along with two prescription drugs identified by police as propoxyphene, a narcotic pain reliever and zolpidem, a sleeping medication.

[oddly, they listed the chemical names. The two prescription drugs found in Peterson’s system are commonly known by their brand names; Darvon, and Ambien. One wonders if Peterson had a prescription? What about the warnings, did Peterson heed them?]

Heed the warnings?

Ambien/zolpidem Warnings : “Patients should be cautioned against engaging in hazardous occupations requiring complete mental alertness or motor coordination such as operating machinery or driving a motor vehicle after ingesting the drug, including potential impairment of the performance of such activities that may occur the day following ingestion of Ambien”

Darvon/Propoxyphene Warnings: … may impair the mental and/or physical abilities required for the performance of potentially hazardous tasks, such as driving a car…”

Bike Lane installed on 51st Street

The city of Phoenix has recently installed a bike lane on 51st Street in Phoenix (Ahwatukee), between Warner and Elliot roads [area map]. It is approximately one mile in length. The stretch has appeared (incorrectly) as a bike lane on the MAG Regional Bike Map for years and years. Continue reading “Bike Lane installed on 51st Street”

Yet another cycling is dangerous story

With gas prices the way they are, stories about cycling in mainstream press abound. As I have pointed out before (see Media Bias) these stories for mass consumption generally paint a one-sided cycling-is-dangerous story. Despite my high hopes for the journalistic balance of the Wall Street Journal (news that is. I don’t expect balance in the editorial content), Rhonda Rundle’s story from August 1, 2008 fell into the same familiar pattern. The title, Risking Life and Limb, Riding a Bike to Work in L.A., should have been a give away Continue reading “Yet another cycling is dangerous story”

Arizona 2007 Traffic Fatalities Plummet

I just heard Michael Hegarty, spokesman for AZ GOHS and/or AZ GTSAC, on the radio reporting that 2007 traffic fatalities fell to 1066 — a 17% decrease from 2006.
This would be an enormous decrease. He seemed pretty nonchalant about it. A drop of this magnitude is unprecedented.

Bicyclist’s fatalities fell the most, 27%, which is good news of course. But I must caution that since there are very few this number fluctuates greatly from year-to-year. The number of bicyclist fatalities has varied from as low as 15 to as high as 36 over the past couple of decades, with no perceptible trend.

Anyway, overall this would be consistent with a large reported drop on state highways (as opposed to all roads). This data was announced back in January and comes out much sooner than the whole-state rollup.

Press accounts published June 6th papers were likewise muted: Arizona Republic and KOLD ran the AP account, East Valley Tribune, which carried this breakdown, sourced to the GTSAC, though I can’t find anything on their website:

TYPE 2006 2007 Change
Pedestrians 167 157 -6%
Motorcyclists 142 135 -5%
Bicyclists 29 21 -28%
Others 18
TOTALS 1288 1066 -17%

Associated Press – June 5, 2008 6:04 PM ET

PHOENIX (AP) – State officials say traffic accidents are claiming fewer lives in Arizona.

The Governor’s Traffic Safety Advisory Council says 1,066 people were killed in traffic-related accidents in 2007. That’s down 17% from the 1,288 deaths in 2006.

The council also says the 2007 figure is the lowest since 2001 and that the state’s population has grown by more than 1 million since then.

The council credits driver education and law enforcement efforts for the reduction.

Arizona’s Teenage Driver Safety Act

Arizona is behind the curve on this, most other states have already done something similar years ago. Arizona’s previous graduated driver’s license was had no teeth.

According to AAA AZ, who supported the legislation: “Arizona is 1 of only 5 states that does not provide either nighttime driving restrictions or passenger limitations for new teenage drivers”, and “Studies of intermediate driving programs in individual states have reported reduction in fatal crash rates of novice drivers that ranged from 11% to 32%”
Chapter 206 HB2033 (48th legislature, 1st regular session, 2007 LAST YEAR, why did it take over a year to become effective??) Arizona’s Teenage Driver Safety Act goes into effect July 1. Here are its key points:

  • Establishes Graduated Driver License, where licensed drivers, ages 16-17, do not have full driving privileges until six months after licensing.
  • Increases supervised training requirement from 25 to 30 hours, of which 10 must be at night.
  • Prohibits driving from midnight to 5 a.m., for the first six months, with exemptions for job, religious or school activities or family emergencies.
  • Limits number of non-family teenage passengers to one, during first six months.
  • Establishes fines and extensions of restrictions for non-compliance.

— Trauma nurse has message for teen drivers, AZ Republic, June 2, 2008

I’m thinking a year would have been a more reasonable time restriction.

AAA Arizona has a big transportation legislation roundup here.

AAA Report on cost of Automobile Crashes

How much of these costs are socialized? The report makes no attempt to quantify this, some of the stories correctly note that some of these costs filter through to many other things, such as health care/insurance.

Why doesn’t our press bother to cover this? The only localized story I could find was  KPNX-12 . Once again we have risen to near the top nationwide, sixth out of 85 not too shabby! This goes hand-in-hand with Arizona’s impressively high traffic fatality rate. Which is something else the press isn’t interested in.

…The report looked at 85 cities across the nation. Phoenix ranks sixth with the highest costs due to crashes. According to the study, it costs $1,368.00 extra per person in the Valley when there is a crash. The national average is $1,052.00 per person.

— Crashes Cost Everyone,  KPNX-12

Continue reading “AAA Report on cost of Automobile Crashes”