To enhance the safety of Oahu's citizens and visitors, the Hawaii Department of Transportation has begun a program designed to reduce the number of drivers who violate traffic regulations. Automated cameras help enforce traffic laws by photographing the license plates of vehicles whose drivers exceed the posted speed limit or run red lights. The camera systems are situated in areas that were pre-determined by the Hawaii Department of Transportation. Fewer violations should reduce the accident and injury rates among drivers and pedestrians.

How does the program work?

Cameras capture violations and record all of the relevant data for the violation. For example, when a red light or speeding violation occurs, the camera records the date, time, speed of the vehicle, and the time elapsed since the beginning of the red signal. A citation showing a photo of the violation is then sent to the registered owner.

Who authorized the photo enforcement program?

Photo enforcement was authorized by the Hawaii State Legislature in 1998 (Act 234, SLH 1998) after numerous public hearings in both the House and Senate. The legislation was amended by Act 263, SLH 1999, and Act 240, SLH 2000. The Department of Transportation has implemented the program in accordance with the enabling legislation.

Isn?t my privacy being violated by your "Big Brother" cameras?

No. The courts repeatedly have concluded that a driver who engages in deadly driving by blasting through red lights or speeding recklessly has no claim to privacy. This includes the much-publicized case in San Diego, CA, in which the court upheld the constitutionality of photo enforcement while finding that the city had failed to follow some administrative requirements. Across the nation, photo enforcement is accepted as a way to ensure that those who flaunt the law will be held accountable for their dangerous driving behavior.

Where will the cameras be located?

Ten intersections around Oahu are being equipped with cameras to capture the images of vehicles that run red lights. To enforce speeding laws, vans equipped with laser cameras are dispatched to major state highways around the island. This list may be found on HDOT?s website: www.state.hi.us/dot/publicaffairs/photoenforcement.

How does the camera know when I?ve gone through a traffic signal on red?

Sensors embedded in the pavement detect passing vehicles when the light is red. The sensors trigger a series of photographs that clearly show the vehicle?s progress through the intersection on the red light, including a close-up of the vehicle?s license plate.

If I?m in an intersection waiting to turn left when the light turns red or if I turn right on a red light, will I be cited?

No. Only vehicles that enter and proceed through an intersection after the light has turned completely red are in violation. If you're in the middle of the intersection waiting to turn left when the light changes to red, you won't be cited for a violation. Similarly, vehicles that come to a complete stop before turning right on red will not be cited.

How does the camera know if I was speeding?

The equipment works off the same principle as a conventional laser. The speed of the vehicle is calculated, and if it is in excess of a threshold speed, two photographs are automatically taken-?one showing the vehicle?s position on the roadway and another a close-up of the license plate.

When a violation occurs, who receives the citation?

Citations are mailed to the registered owner of the vehicle, who is liable for payment, unless the registered owner declares that someone else was operating the vehicle. The vendor receives the name and address of the registered owner from the County Motor Vehicle Registration files.

What if the registered owner was not driving the vehicle?

If the registered owner was not the driver at the time of the violation, the name, address, driver?s license number and signature of the operator of the vehicle may be provided to the courts. The declaration form is on the reverse side of the citation.

What happens if I do not pay the ticket?

If there is no response to the citation (by written statement or in person on the scheduled court date), a default judgment in favor of the state will be ordered by the judge. A "license stopper" will be placed on the vehicle?s registration and driver?s license, meaning the registration and license may not be renewed until the fine is paid.

I provide company vehicles to my employees. Who is responsible for paying the citation?

As registered owner, the citation will be mailed to you and you are ultimately responsible. You should keep a log of who is driving your vehicles and match the citations to the driver if you choose the pass the fine on to them. The date and time of the violation is printed on the citation to help you establish who was driving.

Will rental cars be cited?

Yes. The citation will be sent to the registered owner of the vehicle, i.e. the rental car company.. Rental car companies have policies in place to identify the driver of the vehicle. If the driver does not pay the citation, the driver?s license number may be entered into the National Law Enforcement Traffic System, and if their State Department of Motor Vehicles checks this system at the time they are trying to renew their driver?s license, their renewal privileges may be withheld.

What are the fines for these violations?

The fine for running a red light is $77.00 if paid before the court date, $102.00 on or after court date. For speeding violations, the base fine is $27.00, plus an additional $5.00 for every mile per hour the vehicle was observed driving over the posted speed limit. If the fine is paid on or after the court date, the base increases to $52.00. Additional penalties may be assessed if payment is more than thirty (30) days past the court date.

How much revenue is this program generating?

The revenue from this program is solely dependent on driver behavior. If drivers abide by traffic laws, less revenue will be generated. However, the program?s goal is to improve road safety, not to generate revenue.

Who gets the money from the fines?

The first $27 from each fine goes to the Judiciary for its administrative and education fees. The vendor gets $29.25 for each citation issued. The remainder goes into the Photo Enforcement Revolving Fund to pay HDOT?s administrative costs of operating the program. Any excess funds currently will go into the State General Fund. However, HDOT will be asking the 2002 Legislature to earmark these funds for highway safety education programs.

Isn?t photo enforcement just a way to generate money for the State?

No. Nothing would please us more than zero revenues from this project, because that would mean an overall reduction in speed on our roads and no reckless running of red lights. Those are the project?s goals.

The vendor is paid a percentage of each citation issued, so doesn?t that create an unsavory incentive for the vendor to boost the number of citations?

The HDOT is sensitive to this concern and is exploring the possibility of switching to a flat fee to replace the current arrangement. However, daily on-site monitoring by HDOT staff ensures that only verifiable violations result in a citation being sent to the registered owner of the vehicle. If citizens don?t want the vendor to be compensated, they can choose to not speed and run red lights.

How do we know the intersection cameras are accurate?

A field service technician will visit each intersection camera daily to test the camera, examine the triggering mechanism, and check the settings for optimum operating performance. Should the camera malfunction or lose power, it will automatically shut off, and no photographs will be taken.

Will government vehicles get citations too?

Yes. All federal, state and county vehicles that violate the law will receive citations.

How much training do the laser camera operators get?

Van operators receive 36 hours of training in the use of laser speed equipment and digital camera operation. This exceeds the training time that police officers get.

Will police still be issuing tickets for red light running and speeding?

Yes. This program is meant to enhance police enforcement efforts, not replace it.

Will people with out of state plates be cited?

Yes.

How are intersections selected for photo enforcement?

Intersections were selected by HDOT traffic engineers based on the number of collisions at the intersection and its suitability for photo enforcement cameras.

How are locations selected for speed enforcement?

Each site where a speed van is located has been reviewed by state traffic engineers and police for speeding problems, and suitability for enforcement. Each site is at least 11-feet wide to provide a safety margin for the van which is parked there.

What do I do if I want to fight the ticket?

You may contest the ticket by appearing in court or by providing a written statement to the judge. Information about how to do this appears on the back of the citation.

What if I don?t know who was driving my car at the time of the violation?

You may appear in court or provide a written statement to the judge explaining the situation. Every registered owner should know who is driving his/her vehicle.

What if I get two or more tickets on the same day. Do I have to pay all of them?

Yes, if the citations were at different times or locations.

How can you tell which vehicle is the one speeding when there is a portion of another vehicle in the picture?

The cross hairs on the photo clearly identify the vehicle committing the violation.

Do plate covers keep you from reading my license plate?

To the best of our knowledge there is not a product on the market that will prevent our cameras from recording a license plate number. The plate covers diffuse light which helps make the plates more readable at night.

Will the citation go on my traffic abstract?

Yes. The Traffic Violations Bureau will record all moving violations on a driver?s traffic abstract. HDOT will submit legislation in the 2002 Legislative session to retroactively remove citations from the abstract. However there is some opposition to doing this from legislators and the insurance industry.

The entire program is funded through fines by violators. No taxpayer dollars are going into the program.

Who gave the vendor police powers to issue citations?

The enabling legislation provides that citations may be issued to persons who exceed the posted speed limit and enter intersections after the light has turned red by a vendor authorized by the Director of Transportation .

Will a photo enforcement citation affect my insurance?

That is up to your insurance company and how they determine your policy rate.

The camera flash at night is bright. Isn?t this distracting?

There is no record of a collision resulting from a driver being distracted by a camera flash.

Why do we have to pay a subpoena fee if we want the vendor to appear in court?

Registered owners who receive a citation may ask that a representative of the company issuing the citation appear in court with them at their initial appearance. If they choose to do this, it will cost $25 to issue and serve the subpoena. However, most people do not do this. They plead their case before the judge at the initial hearing. If the case goes to trial, there is no subpoena fee as the prosecutor would issue the subpoena.

Several intersection cameras will take both front and back photos of the violation, including a photo of the driver. However, a photo of the driver is not required by the enabling legislation to prove a violation.

Who gets the citation if the vehicle is jointly owned?

The citation would be sent to the first listed name on the registration.

Can the vendor shorten the yellow light on traffic signals so he can give more tickets?

No. HDOT contracts with the City & County of Honolulu Department of Transportation Services (DTS) to operate and maintain all traffic signals on Oahu. Only DTS can change the timing on the signals.