Traffic cameras violate state law, legislator says

Amid complaints and criticism from motorists and some public officials, the City of New Orleans said recently that anyone snagged by the recently unveiled mobile traffic cameras between Jan. 9 and Feb. 9 will get a warning rather than a ticket.

The announcement was made after an Orleans Levee District officer ticketed one of the unmarked mobile traffic camera units for parking on the sidewalk near Lakeshore Drive and West End Blvd.

State legislator and former New Orleans City Councilman Troy Carter said recently that the small sign in the unmarked vehicle that warns motorists that a speed camera is in use may violate a state law he authored in 2016, WWL News reported.

“I don’t think that they are following the state law based on what we have here in the current legislation,” Carter told WWL. “That would require signage that is very visible.”

As it currently exists, the law requires local governments to post signs “within 500 feet of a red-light camera” and “in such a manner that is clearly visible to approaching traffic.”

“I don’t believe, and I would hate to believe, that the City’s intention is to violate state law,” Carter said. “I’m hoping this is just one of those cases where they’ll see they are out of compliance and they’ll self-correct.”

WWL reported that Landrieu spokesman Tyrone Walker said in a statement that the unmarked vehicles are law-enforcement vehicles performing a law-enforcement function.

“As part of the public education, individuals cited between Jan. 9 and Feb. 9 will receive a courtesy warning in the mail and will not be fined,” Walker said in the statement.

Councilman James Gray recommended that the City of New Orleans seek a legal opinion on whether the unmarked traffic camera vehicles are in compliance with state law.

“On the face of it, there clearly is a question that some smart lawyer needs to answer,” Gray told WWL. “I think we have some smart lawyers in the city attorney’s office.”

“I think it is something that some judge is probably going to decide and it may even go to the court of appeals to decide if it is covered by the statute,” Gray said.

“If we are going to use the cameras, I would put permanent signs up that are clearly visible saying there is a camera checking traffic offenses,” he continued.

Carter questioned the ultimate purpose of the mobile units as they currently exist. “[D]o you want to deter or do you want to write a ticket to enhance revenue?” he asked.

This article originally published in the January 23, 2017 print edition of The Louisiana Weekly newspaper.