Red-light tickets issued to car owners

Watchdog continues to hear from Long Islanders concerned about red-light camera tickets. Today's column features two:

John Blanco was dismayed when told he was responsible for two red-light camera tickets even though he hadn't been driving the vehicle on those occasions.

Blanco, a Manorville resident who came to this country from Cuba in 1960, insists the policy violates his rights. His view aligns with the program in Los Angeles, where a camera photographs the driver's face and the car owner isn't punished if he or she isn't the driver. But many jurisdictions side with New York, which says the owner is responsible whether driving or not, and such programs have been upheld by federal courts.

Blanco went to Suffolk's First District Court in Central Islip to make his case. He didn't win and was ordered to pay the fine ($50 plus a $25 late fee).

"The fact that I'm found guilty seems a violation of my rights," he said.

"If the guilty person is willing to say 'I did it' and the court says, 'Too bad, someone else is guilty because he owns the car,' that doesn't make any sense to me whatsoever."

We couldn't find any wiggle room locally. "Since the violation from a red light camera does not identify the driver, similar to a parking ticket, the fine is issued to the registered owner," Nassau County traffic safety educator Christopher Mistron said.

Added Suffolk Public Works Commissioner Gil Anderson: "As all photography [in New York's program] is from the rear, we cannot identify the individual driving the vehicle at the time, which protects driver privacy."

There is no impact on the owner's driving record, such as points on a license, Mistron said. Anderson added that the red light program is independent of any law enforcement database, "so the fact that this man has two tickets shouldn't show up anywhere, as long as he pays." If the tickets aren't paid, Anderson said, "District Court will order default judgments in his name."

After his court appearance, Blanco mailed in a form, called an Advisement of the Right to Appeal. When he received a stamped document in return, with language saying he "hereby appeals to the Appellate Term," he believed an appeal was under way. But it wasn't; the Right to Appeal form called for him to "perfect the appeal" within 120 days, a process that requires purchasing an official transcript of his court appearance.

"I do think they should make it a little more citizen-friendly," he said, so that an "average person" can understand the process. As for now: "I'll write them a check," he said. "It was never about the amount."

An October Watchdog column left Terri Carson of Hicksville confused. A police officer told her a stop requires 5 seconds, which didn't jibe with Nassau County traffic safety educator Christopher Mistron's statement in the column: that state law specifies only "cessation of movement," not a 3- or 5-second stop. Wrote Carson: "I'm hoping that you can straighten this out and inform drivers what is fact and what is not."

Take it from Nicholas Mango, chief of division, Office of Chief of Patrol for the Suffolk County Police Department: "The three-five second rule is an urban legend," he said. It comes down to this: If a review of red-light camera images finds that tires keep moving before a vehicle makes a right turn, he said, "we must issue a citation, as a complete stop was not achieved."

So if it doesn't feel like a stop, it's not. But there's no need to start counting "one Mississippi."

TATTERED BANNERS TO BE REMOVED

I noticed last year that a vertical banner for the Nassau County Museum of Art hanging on a utility pole in Manhasset had become torn and wrapped around the utility wires there. Over time I started to notice more of these torn banners tangled up in wires along Northern Boulevard. They are an eyesore and potentially a safety hazard. I called or wrote the Town of North Hempstead, Village of East Hills, the museum, the state Department of Transportation and LIPA, without results. I'm hoping you can help.

-- Sue Auriemma, Manhasset

The banners, which are indeed in tatters, will be coming down, the museum administration said last week.

In response to a Watchdog query, museum spokeswoman Doris Meadows said the company hired to hang the promotional banners reported it had not taken them down because removal had not been included in the contract. Auriemma cited six locations where banner remnants remain, either wrapped around wires or hanging free.

The work will be done at the museum's expense, Meadows said, and "we hope they'll be taking care of the removal as soon as possible."