ILNews

State trumps local red-light camera ordinances

IL Staff
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Cities and towns that want to use red-light cameras to catch traffic violators can't adopt an ordinance to implement the cameras because current laws allow only the state to regulate moving traffic violations, Attorney General Steve Carter said.

Carter issued an official opinion Friday regarding whether a municipality can adopt an ordinance to use red-light cameras to determine whether a driver has violated traffic laws. Carter issued the opinion in response to an inquiry from Sen. Earline Rogers, D-Gary. The city of Hammond installed cameras at certain city intersections as part of a plan to generate revenue by catching drivers who run red lights.

State law preempts a local law that attempts to further regulate automotive moving violations, and the General Assembly has to pass legislation before a red-light camera program could be implemented by a city or town, Carter wrote in the opinion. The General Assembly has granted local units of government "all the powers they need for the effective operation of government as to local affairs" in Indiana's home-rule law, but "if a city attempts to impose regulations in conflict with rights granted or reserved by the Legislature, such ordinances are invalid," Carter wrote, citing City of Indianapolis v. Fields, 506 N.E.2d 1128, 1131 (Ind. App. 1987), and City of Hammond, Lake County v. N.I.D. Corp., 435 N.E.2d 42, 48 (Ind. App. 1982).

"It is our opinion the General Assembly must enact enabling legislation before a red light camera enforcement program may be implemented by a local government entity," he wrote.

Bills have been introduced allowing cities, towns, and counties the legal ability to implement red-light cameras, but none of the bills passed the General Assembly.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT