Suit demands refunds for drivers' cell phone
tickets
December 19, 2007
In July 2005, Chicago became the nation’s largest city to prohibit
motorists from using cell phones without a hands-free device that allows the
driver to keep both hands on the wheel.
Then-downtown Ald. Burton F. Natarus (42nd) used a parliamentary maneuver
to sneak the ordinance he championed through the City Council without debate.
Today, a class-action lawsuit claimed the city is sneaky in its enforcement
of the cell phone ban.
Attorney Blake Horwitz demanded that more than 25,000 Chicago motorists
ticketed since the ban took effect get refunds of their $50 to $200 fines —
plus unspecified damages — because of the city’s failure to post signs
alerting motorists to the ban.
If a federal judge agrees, the refund would be in the $2 million to $3
million range, he said, and the city would be prohibited from enforcement
until signs are posted.
Whenever state and local traffic laws differ, Chapter 11 of the Motor
Vehicle Code states, “Such regulation shall not be effective until signs
giving reasonable notice thereof are posted.”
“If people drive into Chicago from out of town or out of state, they
don’t know there’s a prohibition against using their cell phone while
driving. A police officer pulls them over for violating a rule they know
nothing about,” Horwitz said.
“The city has illegally obtained millions of dollars from motorists.
It’s easier to get money from people when you don’t notify them. But the
law is very clear. The city has to put up signs — enough to advise motorists
that there is such a rule. Right now, there are none.”
Law Department spokesperson Jennifer Hoyle said the sign requirement
applies only to local laws “in conflict” with Chapter 11 of the Motor
Vehicle Code.
“Our cell phone ordinance is not in conflict. It’s not addressed by it
at all,” Hoyle said. “We have no reason to give people refunds if the
ordinance is legal.”
Ald. Bernard Stone (50th), the City Council’s 80-year-old elder
statesman, scoffed at the sign demand.
“It’s absolutely preposterous. Do we post a sign for every law we pass?
You couldn’t see anything [if we did]. Certainly, there was enough publicity
on it,” the alderman said.
Stone said his only complaint about the 2 1/2-year-old cell phone ban is
that there hasn’t been enough enforcement. He still sees too many
multi-tasking motorists yakking away — without consequence.
“Any time I see a vehicle traveling erratically or traveling too slow,
invariably it’s someone who’s talking on a cell phone. Their mind is not
on driving. It’s on the conversation,” Stone said.
The class-action lawsuit filed today in U.S. District Court names only one
plaintiff: Chris Yarusso. He was ticketed in March “exclusively” for
talking on his cell phone, Horwitz said.The ticket was subsequently dismissed
after a court challenge.
I-Cube or Integrated Intelligent Imaging (I3)
focuses of proactive crime prevention using real time links to multiple internal
and external databases in order to generate a warning prior to crime occurring,
allowing anticipation of the offence. All
the projects I-Cube is involved with have a central theme of using images, as
this allows both the real time and covert nature of the proactive crime
prevention systems to operate to the best effect.
HOW THE SYSTEM
WORKS: As the person or car approaches the entrance a camera captures a
number of images from which the license plate or face are extracted.
These images are saved, allowing this information to be used in
subsequent investigations. The face
or license plate is then compared to local databases, allowing greeting of
repeat visitors and external databases, such as insurance companies, stolen and
suspicious vehicles, SAPS, Metro, etc. If
the vehicle is listed as stolen, appropriate action should then be taken.
If the vehicle is listed as never have been registered, this is a good
vehicle to investigate further. Within
a short period of the system being in operation, most vehicles and people have
been logged and registered, allowing typically limited resources to be focused
on the few remaining exceptions. The
ability to leverage the equipment to operate in a marketing role, while still
actively focusing on proactive crime prevention, has major advantages in a cash
limited environment. If you have
more than 50 people a day passing a point where we can place a camera, I-Cube
has the experience and ability to turn this into a revenue stream.
Please contact I-Cube to explore this further.
WHAT IS REQUIRED:
The key to proactive crime prevention using real time links is that the system
does not require human intervention, it is fully automatic.
The camera automatically captures the image, the facial or license plate
is automatically compared to both local and remote databases and if required an
alarm is generated. The I-Cube
solution can operate locally but using a wide range of communication means
(including ADSL, 3G, GPRS, iBURST, Wireless or satellite) a real time link to
multiple databases can be established, allowing immediate updates of stolen
vehicles as they are added to SAPS or the insurance databases.
The system requires a camera linked to a computer, running
the I-Cube Intelligent Software. The
software is trained to recognise the item to be logged or counted, be that
people, cars or different types of products.
Once the item is logged, it can then be compared to pre-set rules or
databases, allowing an alarm to be generated if the incorrect number of products
exit or a vehicle enters after hours or is listed as not allowed.
The ability to link vehicle colour, weight, and driver, biometric and
other info as required to the license plate gives the I-Cube system tremendous
advantages.
I-Cube can integrate with your existing system or provide
dedicated cameras, computers and networks. Please
contact I-Cube with your requirements and existing equipment.
WHAT DOES IT COST:
I-Cube can provide database links only, software only, some hardware and
software or a complete solution, fully installed and maintained, if required?
The cost can be a capital amount, a rental per month, a cost per
transaction or shared revenue. Costs
range from 0.13c per chicken (based on 100 000 birds a day) to 3c per car (based
on single entry / exit lanes) to R1 950.00 per month to R49 500.00 for the
software and hardware. Please
contact I-Cube for your specific requirements.
The following illustrates some examples of the users of
this technology. Please contact
I-Cube or your local IT / CCTV / DVR / biometric supplier for a customised
proposal, taking into consideration your requirements, existing solutions and
possible revenue sources.
SCHOOL: The entrance of the school is covered with a camera, which
is linked wirelessly to a PC running the I-Cube software.
The students, staff and parents are enrolled into a local database, which
allows specific messages to be placed on an electronic display, while visitors
are directed to the visitor parking area and then to reception.
The schools limited manpower resources can then focus on the visitors,
rather than the known parents or staff. Please
contact I-Cube for more details.
DISTRIBUTION CENTRE: The ability to link the license plate, driver
facial image, vehicle type and colour, container number and weight of the truck
and weight of goods listed on the invoice prevents unauthorised removal of any
items. Productivity per vehicle is
up while the number of hours wasted at weigh bridges has been substantially
reduced, as the distribution centre no longer allows vehicles out which would be
fined for overloading. Please
contact I-Cube for more details.
GOLF ESTATE: The
existing cameras at the entrance and at key points through the estate were
linked to the I-Cube LPR software allowing all visitors and residents to be
logged at a number of points through the estate.
The system was linked to a national database of suspect and stolen cars,
allowing proactive crime prevention. When
an alarm is detected, the armed reaction team are called into action, supporting
the estate front end guards. A side
effect of the I-Cube LPR solution is that the average speed of the vehicles is
automatically determined, ensuring the estate remains children friendly.
Please contact I-Cube for more details.
OFFICE BLOCK:
Parking, or rather the lack of parking within the office block was the reason to
call I-Cube. Each tenant has a
certain number of bays allocated for staff and visitors.
When these bays were occupied and more vehicles were allowed into the
office block, major congestion resulted, causing severe frustration for both
visitors and office workers. I-Cube
utilised the existing cameras to count the number of vehicles into and out of
the office block. When the number of
vehicles approached critical level, a mobile LPR system was deployed and staff
parking in visitor areas were requested to remove their vehicles.
Failure to comply led to banning of those vehicles for a certain number
of days, again utilising the I-Cube enabled LPR solution.
Please contact I-Cube for more details.
NEIGHBOURHOOD WATCH:
The problem faced by the neighbourhood watch was not that of limited resources
or money, but of how to prevent known criminals from entering the area patrolled
by the neighbourhood watch. The
exiting dome cameras were linked to the I-Cube LPR solution, plus a mobile LPR
solution was provided. All vehicles
and people entering the neighbourhood watch area were recorded and match against
the known criminals. If matched,
these people were approached and asked to explain where they were going and what
they were doing. Car theft was
reduced substantially while contact crimes no longer occur.
Please contact I-Cube for more details.
TRAFFIC DEPARTMENT:
The department had a recovery rate of fewer than 30% of all fines issued.
I-Cube introduced a road block LPR solution which allowed the traffic
department to generate an alarm when a vehicle with an outstanding fine or
warrant was detected. These vehicles
were then automatically pulled over to a parking area where the drivers were
informed of any fines or warrants were issued.
The drivers had the option to pay any amounts outstanding via credit
card, check or cash via the I-Cube supplied mobile payment systems.
The number of outstanding fines has improved substantially to
more than 70%. Please
contact I-Cube for more details.
TAXI ROUTE
MONITORING & ENFORCEMENT: If
taxi routes are not regulated commuters along non profitable routes are not
serviced and violence between competing taxi associations often results.
If the taxi routes are monitored with the I-Cube LPR solution illegal
operators are immediately identified and prevented from operating.
Where two of these monitoring points are linked, average speed
determination can be determined and the number of trips per taxi per day can be
calculated and communicated to the taxi owners.
Please contact I-Cube for more details.
TRUCK OVERWEIGHT
ENFORCEMENT: A number of
kilometres before the truck reaches the off ramp to the official weighbridge
where a fine would be issued, the license plate is captured using the I-Cube LPR
solution and weight is determined using an in line weigh sensor.
If the weight per axle or total weight exceeds that allowed, the license
truck is sent a message via the variable message signs (VMS) that it is required
to exit on the next off ramp and proceed to the weigh bridge.
If the driver / vehicle proceed past the off ramp or do not go to the
weigh bridge, an alarm is generated, allowing the truck to be chased / pulled
over further ahead or logged for further action.
Please contact I-Cube for more details.
A NUMBER OF OTHER
EXAMPLES EXIST: Please contact
I-Cube for more details.