The City of Gaithersburg is routinely ignoring state law and failing to perform daily tests on their speed cameras.
A provision of the Maryland law authorizing speed cameras states the following:
"(3) A speed monitoring system operator shall fill out and sign a daily set-up log for a speed monitoring system that:
(i) States that the speed monitoring system operator successfully performed the manufacturer specified self test of the speed monitoring system prior to producing a recorded image;"
A member of StopBigBrotherMD.org became aware that the tests were not always being done and requested several daily self test logs from Gaithersburg. The selected dates were all weekends. (Unlike the rest of the state Montgomery County an its municipalities are permitted to use 'residential zone' cameras which, unlike school zone cameras, are permitted to issue tickets 24/7 including weekends. As of summer 2009 about 80% of the camera sites located in Montgomery County fell into this category.)
Three log files were obtained for a camera located at 500 S Frederick Road, and not one of those logs showed the daily self test performed on that day. For December 5 2009, the start of the period was Dec 4 and the end was Dec 7 -- 3 days. For Jan 17, 2010 it was Jan 13-19 -- 6 days. For Dec 27, 2009 it was Dec 18-28 -- 10 days without a 'daily' setup log. The response from the city showed that citations were definitely issued from the cameras on each of the three selected days.
In addition to establishing that the devices have not been tampered with and are working correctly, the daily self tests are required to be kept and admitted as evidence in speed camera hearings. They are the basis for the county's claims about who is 'the operator' of the cameras, and of who represents the system in court. Plus IT'S THE LAW.
The Gaithersburg City Attorney was then asked: "Is this the Montgomery County Safe Speed's standard operating procedure? And what is the legal basis for issuing citations when the 'daily' set-up log is signed only every 3, 6, or 10 days? If there is a city/county/state law, attorney general opinion, executive order, or other document which authorized this then I request to receive a copy." To which the City Attorney gave a simple one sentence response: "The City of Gaithersburg is aware of this provision in the state statute."
Translation : 'We're the government, if we want to break the law who's gonna stop us?' And you know what, they're probably right. You don't expect the government to enforce the law against itself do you? Of course not -- even though this same government believes it is OK to put up cameras on every street corner waiting for drivers to accidentally break traffic laws so they can fine them. Unless The People stand up to the government when IT breaks the law and demand that it obey the law too, then there is no reason why the government would obey ANY law when it is not convenient to do so.
We have discovered this is not limited to Gaithersburg's cameras and is also the case for some cameras managed by Montgomery County as well.
- ► 2016 (17)
- ► 2015 (39)
- ► 2014 (82)
- ► 2013 (102)
- ► 2012 (66)
- ► 2011 (88)
- ▼ April 2010 (4)
- ► 2009 (58)
Our Top Stories
- Rockville Falsely Accuses School Bus of Speeding
- Montgomery County Has Secret Speed Camera Committee -- Press and Critics Not Welcome
- Montgomery Speed Camera "OmBudsman" Won't Answer Questions
- Montgomery County Issues Erroneous Tickets
- College Park Cited Stationary Bus for Speeding
- Montgomery County ATEU Defends Culture of Secrecy
- How Two-Faced Triple-A Gave Maryland Speed Cameras
- "Secret" Baltimore Speed Camera Audit Found 10% Error Rate
- Speed Camera Reform Act Just a Big Fat Lie
- Court Rules Against Morningside on Public Records Access
- Speed Camera Company Celebrates "Bounty System" Loophole
- Montgomery County Steals Lanes for Expensive Bus Program
- Wicomico County Teachers Say Camera is Not Accurate
- Montgomery Council President Rice Racked Up Tickets
- Circuit Court Rules Innocence is a Defense, Rejects "Snitch" Requirement
- Baltimore Ends Camera Contract, Moves to Hides Records
- Montgomery Scamera Boss Lies About Red Light Camera "Warning Flashes"
- Montgomery County Camera Boss Blocks Public From Secret Meeting
- Salisbury Records Show Calibration Lapses, Sorry No Refunds!!
- Speed Camera Accuracy Questioned in Morningside
- Attorny General Gansler Depicted as "Reckless Passenger"
- Morningside Deployed Cameras Despite County Denial
- Morningside Admits Maintaining No Calibration Records, Doesn't Operate Own Cameras
- ACLU Documents Mass Tracking of Motorists By License Plate Scannrs
- Brekford Demands Tribute to See Calibration Records
- Access To Brekford Calibration Records Stalled in Salisbury, Morningside
- Public and Private Lobbyists Worked to Kill Speed Camera Reform
- Montgomery County Speed Camera Transforms Toyota into Dodge
- Montgomery County Boasts Error Rate "Under Ten Percent"
- Speed Camera Company Collects Dirt on Competitors
- Woman Gets 3 Tickets from DC Without Going There
- Legislature Raises Gas Tax
- Laurel, Hagerstown Circumvent Calibration Requirement
- Speed Camera Calibration Fails To Ensure Accuracy
- Speed Camera Programs Flout Sunshine Law
- Xerox Admits 5% Error Rate For Speed Camera Tickets
- Baltimore Cites Motionless Car For Speeding
- O'Malley Says Speed Camera Bounties Are Illegal
- Baltimore Ticketed Innocent Delivery Vehicle: Documents Prove Speed Camera Error
- Rockville Sees Huge Surge in Red Light Violations
- Trucking Company Challenges Accuracy of Baltimore Citations: Videos Prove Speed Camera Errors
- Speed Camera Salesman Caught Speeding AGAIN
- Riverdale Park Defends Forgery of Police Signatures
- High Court Rules Local Governments Above the Law
- Riverdale Park Allowed Civilians to Forge Police Approvals
- Baltimore Speed Camera Issues Ticket to the Dead
- Statewide Speed Cameras Now a $77Million Per Year Industry
- PG County Court Presumes All Defendants Guilty
- Town Releases Documents Proving Errors With Optotraffic Cameras
- Man arrested for asserting innocence in speed camera hearing
- Optotraffic Representative Caught Speeding
- Driver Uses Carchip to Challenge Optotraffic Camera
- Deceased Baltimore Cop Signs 2000 Citations
- Montgomery County Denies Right To Face Camera Operator In Court
- ACS Buys Steak Dinners For Lawmakers
- Baltimore City Issues Hundreds of Tickets in Error
- Baltimore Writes Speed Camera Revenues Into Budget Before Cameras Approved
- Camera Mistakenly Accuses Driver of 100mph Rampage
- Montgomery County Scamera Contract Includes Massive PR Campaign
- Optotraffic Investigates Possible Speed Camera Errors
- Speed Camera Legislation Attracts Lobbyists
- Sykesville Voters Overturn Speed Cameras in Referendum
- Traffic Engineering Techniques Out-perform Speed Cameras
- Transportation Planning Board Unveils Plan to Track and Tax Drivers