Legislative Issues Related to Automated Enforcement of Red-Light Running

Abstract

Red-light running is one of the leading causes of crashes in urban areas in the United States. A number of strategies are available to address this problem, including engineering countermeasures, educational campaigns, and improved law enforcement. Law enforcement agencies are increasingly relying on automated systems using photographic devices to enforce red-light-running laws. While automated enforcement systems appear to have wide public support, there is considerable confusion among drivers, engineers, planners, and decision makers as to the legality and constitutionality of those systems. The debate is particularly acute when it comes to issues such as privacy, use of information, and constitutional rights. These issues are analyzed and legal strategies are compared in states that have passed or attempted to pass legislation to regulate automated enforcement. The analysis highlights differences among states depending on their statutory laws and whether red-light violations are treated as civil or criminal offenses. The analysis reveals major differences in the way states legislate program details, which, in turn, affect program implementation. Also included is a review of current European red-light-running legislation, where automated enforcement systems have a longer history than in the United States.