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COMMENTARY: Speed cameras raise revenues, and concerns

Automated traffic enforcement both effective and a source for shenanigans, writes our occasional columnist-without-portfolio Jim Pitt
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In November 2023 this automated speed camera on Rice Road near Alexander Kuska KSG Catholic Elementary School was vandalized with black spray paint.

On Sept. 1,1998, the Highway Traffic Act was amended to permit municipalities to establish Community Safety Zones on public roads under their jurisdiction. There was very little action regarding the implementation of CSZ in the Province's municipalities. A CBC Sudbury article from May 27, 2013 sums up the reasons for this. A Sudbury resident was petitioning his local city councillor to have the street he lived on designated a CSZ. Council responded by stating that safety zones "don't work" and opted for a speed limit sign. The councillor replied to the petitioner saying, "I would never live on a street like this, to start with, for myself."

Two factors allowed for an expansion of the Community Safety Zone and red light camera program. One was legislation passed by the Conservative government of the day and the second was the adoption of new technology. On July 12, 2016, Toronto City Council authorized a request from the Province to allow the city to begin a pilot project in school and construction zones. In May 2017 Bill 65 amended the Highway Act to introduce ASE (Automatic Speed Enforcement) technology in municipalities.

On Jan. 31, 2018, Toronto City Council issued a request for proposals to set up a Joint Processing Centre for the city and partnering municipalities for the future ASE program. On May 22, 2018, the City of Toronto authorized an agreement with the MTO to access license plate registration information for the purpose of the ASE program. On June 26, 2018, bylaws were amended to allow ASE in school zones and to allow the doubling of fines. On July 16, 2019 Toronto awarded the ASE contract to Redflex Traffic Systems and partnered with other municipalities to create a Joint Processing Centre. On Dec. 2, 2019, the Province passed enabling legislation to allow municipalities to operate an ASE program. On July 6, 2020, after a six-month warning period, Toronto began issuing tickets. Toronto was designated the pilot site and decisions made in Toronto, since then, apply to all municipalities in Ontario.

Toronto was designated the pilot site and decisions made in Toronto, since then, apply to all municipalities in Ontario

In 2004, American Traffic Solutions was launched as a supplier of traffic monitoring technology for toll highways and street cameras. Over the next 15 years it was bought and sold a couple of times. In 2018 It became Verra Mobility and in 2021 it acquired Redflex, an Australian company that began as a supplier of radar equipment to the Australian Military. Redflex branched out into photo radar equipment and have sold this technology around the world.

Chicago contracted Redflex to supply red light cameras in 2003, installing 384 cameras and earning $120 million from $400 million in fines. The Chicago Tribune reported that the contract had been built on a massive bribery scheme at City Hall. The city manager responsible for the program was sentenced to 10 years for receiving up to $2000 for each camera installed. The CEO and the Redflex consultant for Chicago both received lesser federal prison terms. The Mayor of Chicago fired Redflex and probes were launched in many other municipalities where Redflex was operating.

After further investigation it was discovered that thousands of drivers were improperly ticketed and many of the cameras were malfunctioning. Redflex agreed to pay Chicago a total of $20 million in annual installments through 2023.

Verra Mobility is the company contracted to operate the processing of ASE fines and also now owns Redflex. Redflex is the supplier of ASE radar cameras in Ontario. Verra Mobility, on Nov. 9, 2023, reported third quarter revenue of $209.9 million from worldwide operations. $90.3 million was from its Government Solutions Division's traffic cameras. Verra Technologies states that they have a very strong code of business ethics and conduct, dated 10/30/2023.

When an ASE camera records a traffic violation, the photo is processed at the processing centre in Toronto. Processing requires matching the license plate to the owner of the vehicle. A police officer reviews the photo and the speed recorded and then decides whether to issue a ticket. If a ticket is issued then it is packaged with the pertinent documents and sent, by mail, to the owner of the vehicle. Since the driver cannot be seen in the photo, the ticket goes no further. The owner does not lose any points and it is not reported to insurance companies.

The ASE program is expanding at a very rapid pace, so rapidly that the processing centre in Toronto cannot keep up with the volume of tickets it processes for the city as well as partnering municipalities. Ottawa has decided to establish its own processing centre. Toronto can only process 250,000 tickets from Ottawa, netting the city $16 million in fines. An Ottawa processing centre would increase revenue to $66 million. An existing municipal building is being repurposed and staff are being hired.

The owner does not lose any points and it is not reported to insurance companies

The City of Brampton has 50 ASE cameras and is planning to acquire 100 more in 2024. Brampton will be building their own processing centre and hiring workers as well. On Dec. 20, 2023, the Mayor of Brampton stated that the expansion of the ASE will deter speeding, and, "The generated revenue will be reinvested in our city's infrastructure and community programs, making Brampton safer for our residents." Regional Councillor Rowena Santos, who chairs the Legislative Services Committee which oversees this project, said, "It's not just the revenue, but about community safety too.” Waterloo Region has also announced that they will be adding a processing centre.

There has been some concern about the nature of the ASE program. CBC News in Ottawa, on Feb. 28, 2023, reported that Kanata South Councillor Allan Hubley said he was worried the cameras were just as much for safety as they were for spending by his colleagues. Hubley further remarked: "I, like a whole lot of other people, [am] very concerned that there may be people around the table that see this as a chance to grab a whole lot of money to fund whatever their special programs are that they want to fund." Councillor Jessica Bradley said having a police officer at every corner was not feasible and that "this is a tool to get that compliance. The goal of the camera program is to encourage compliance, not to raise revenues." Councillor Brockington added, "The provincial government has always been concerned that municipalities would abuse the technology, abuse the authority, and just have them everywhere... that's not the intent. We would never do that in Ottawa."

The ASE cameras used can be quite effective in generating fines. A camera set up on a very busy street in Ottawa, in just over two months, generated 10,000 tickets and $650,000 in fines. A report from Global News on Dec. 2, 2022 reported that since its inception that October, 560,000 tickets were issued, generating $34 million in fines.

One major problem with the ASE occurs when a vehicle owner chooses to challenge the ticket. A news article posted on CP24 last Friday, January 5, stated that a City of Toronto staff report recommends an extension to the administrative penalty system to include tickets issued by automated traffic cameras. If adopted, anyone issued an ASE ticket after Nov 24, 2024 will no longer be able to fight their ticket in Provincial court. Instead they will be directed to an administrative penalty system, headed by municipal hearing officers, rather than judges. Much like the process for parking tickets.

If adopted, anyone issued an ASE ticket after Nov 24, 2024 will no longer be able to fight their ticket in Provincial court

The aim here is to free up capacity in the Provincial offences court. The reason for this is the number of new cameras to be installed and the corresponding increase in tickets and fines. Toronto spent $16 million on red light and speed enforcement in 2023 and plans to spend $50 million by 2026. The program generated $70 million in 2023.

Another issue that has been raised concerns motorists avoiding CSZ and using residential streets to avoid traffic. In Ottawa a report from The Capital Current from three months ago shows that, "wards on Ottawa's outskirts have seen the highest number of speeding infractions this year." The Durham Region News reports thousands of drivers are placing license plate covers over their plates. These are illegal, but readily available from Amazon and Canadian Tire, says the report.

Sign visibility problems have been reported anecdotally, but not so much by the media. In an article in the Welland Tribune this past Tuesday, Niagara Falls Councillor Bob Gale said, “We were told the signs would be large... They are not. What can we do about this, because people are not seeing the signs."

The signs are mandated by the Province to be 60 x 90 cm, with black lettering on a white background. The signs indicate that fines are increased. Fines are, in fact, doubled. Cost for the signs may be in the $200-$300 range, but exact information was unavailable. School safety zones require a speed feedback radar sign that tells the driver they’re speed before entering the well-marked zone with flashing lights and large yellow signs, close to the road. The speed feedback sign costs $5,355 not including the other signs around it.

The intent of Community Safety Zones and red light cameras is to make the roads safer. The program has been tested and found to more than pay for itself.

Prior to the introduction of ASE technology, CSZ's were deemed too expensive and impractical. Now the ASE system is being universally adopted by municipalities big and small and the installation of the ASE cameras is growing at an exponential rate. Three municipalities are adding their own processing centres and more will do so as the need grows for more facilities and personnel to process the expected increase in tickets and fines.

The continued expansion of the ACE program is well underway. If Toronto, Ottawa and Brampton see the need for the expansion of this program by establishing their own processing centres, more cities and regional municipalities, including Niagara Region, will want to establish their own processing centres, purchase more cameras and designate more roadways as Community Safety Zones. Proceed with caution.

Jim Pitt is a retired secondary school teacher and Fonthill resident with enough time on his hands to do occasional deep-dives on topics that catch his interest.