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Decisions at the ballot box influence policies that support engineering standards and public safety.March/April 2019
PE Report
Red-Light Camera Case Reaches Texas Supreme Court
Yet another local government is facing a legal challenge to the installation and operation of red-light cameras. This time, the challenge has reached the Texas Supreme Court.
In the case of Luis Garcia, et. al v. City of Willis, the plaintiff is accusing the city of skirting state law because it didn’t conduct a traffic engineering study before installing the cameras. The plaintiff argues that because the city failed to conduct the study, imposing red-light camera fines and penalties against drivers is a violation of transportation code. The Texas Supreme Court heard arguments in the case on November 1, 2018.
In 2007, the Texas legislature authorized municipalities to adopt and implement camera enforcement systems and impose fines on vehicle owners when photographed driving through red lights at designated intersections, according to court documents. The law requires that before a locality can install the cameras, a traffic engineering study must be conducted to determine if a design change to the approach of the intersection or a change in the signalization of the intersection is likely to reduce the number of red-light violations. Willis adopted its red-light camera system in 2009 and set a civil penalty of $75, plus late fees.
Garcia initially filed suit on January 11, 2016. The plaintiff took the case to the supreme court in 2017 after an appeals court ruled that the plaintiff didn’t exhaust administrative remedies.
Court documents point out that in 2014 the Texas Board of Professional Engineers received an inquiry about whether the City of Willis conducted an engineering study. Responding to the inquiry, the board asked the city manager for documentation showing that a study was conducted by a licensed engineer. The city confirmed that a PE with American Traffic Solutions Inc., initially conducted a review of intersections under consideration for camera installation; however, no independent traffic engineering study was performed, as recommended by the company.
Texas isn’t the only jurisdiction in which the installation and operation of red-light camera systems has become an issue. In November 2018, the North Carolina engineering licensing board concluded, after an investigation, that a firm without a license to practice in the state violated the law when it installed red-light cameras. The investigation stemmed from activities related to producing engineering plans for the installation of red-light cameras for the City of Wilmington.
