Maryland Sent 22,000 Motorists Speeding Notices In Error

The Maryland Transportation Authority mailed 22,000 erroneous speeding notices to motorists, according to a report in the Washington Post.

Drivers received the notices within the past month, stating that they had been caught speeding while crossing the Thomas J. Hatem Memorial Bridge, and that their EZ-Passes would be suspended if they received another violation.  The problem is the notices were sent in error. 

The agency has "notified" motorists by posting about the error to the agency's Facebook page.  "The warning notice equipment associated with the toll plaza was not deactivated with the implementation of gantry tolling collection. Administrators have taken corrective action. Please disregard the speeding notice you may have received and continue to stay alert and watch speeds in the active construction zone."

Additional Coverage:
WBALTV: 22,000 Drivers Receive Erroneous Notifications Threatening Suspension of EZ-Pass Accounts
Patch.Com: Tolls at Hatem Bridge Send Drivers Warning By Mistake
Washington Post: Did You Get A Notice About Speeding on the Hatem Bridge?

Montgomery County OIG Raises Concerns About School Bus Cameras

The Montgomery County Maryland Office of Inspector General has raised questions about the contract which placed automated ticketing systems on school buses, and questioned the system's effectiveness as a safety measure.

In a report released on July 28, 2019 Inspector General Edward Blasitt III noted that the deal was made between the Montgomery County Public School System and Force Multiplier Solutions to install stop arm cameras on MCPS school buses.

In August of 2018, the OIG learned a local news reporter asked the Montgomery County Government (MCG) about possible contractual connections between MCG and Force Multiplier Solutions, Inc. (FMS). These inquiries were based on reports about the conviction of the FMS Chief Executive Officer (CEO) of federal crimes involving fraud and bribery of public officials in Texas regarding the operation of a school bus safety camera program. This company and its successor have operated the same program in Montgomery County (County). 

In 2018 the CEO of FMS (Robert Leonard), a non-FMS business associate, the Dallas County Schools Superintendent (Rick Sorrells), and the Mayor Pro Tem of Dallas (Dwaine Caraway) all pleaded guilty to crimes involving bribes and kick-backs paid to public officials in Dallas in exchange for favorable actions furthering FMS’ local business interests. These interests mainly involved the implementation and operation of a School Bus Stop Light Camera enforcement program. Mr. Leonard was sentenced in May of 2019 to serve seven years in prison for what federal prosecutors described as “the largest domestic public corruption case in history"

The report had two major findings about the contract
1. The business case for this program was built around the desired use of a predetermined vendor rather than an objective analysis to design an effective and economical method to achieve an identified outcome.

and

2. County officials relied, at least in part, on information provided by a criminal conspirator in vetting FMS and this program, and they continued to rely on vendor (FMS/BusPatrol) supplied information when considering the future of the program.

The report provided a background for the concerns about the contract:

"In October 2017, MCPS signed an amended contract and MOU with MCPD, acknowledging the assignment of the FMS contract to what was described as a separate company named BusPatrol America LLC," 

However it was apparent that the new company was run by the same people as FMS and was a different company in name only.

"While BusPatrol and FMS may technically be different corporate entities, they remain at the same address, with the same telephone number, and using the same equipment on the same contracts," 

"The president of FMS is now the president of BusPatrol and is the same person who introduced a criminal conspirator to county and MCPS employees. Furthermore, it was also discovered that the current CEO of BusPatrol is listed in Canadian legal documents as being a co-director of Force Multiplier Solutions Canada (which filed a corporate name change to become BusPatrol Canada)... Given the continuity of key people, history of corporate name changes and the pattern of misinformation provided, a prudent response of healthy skepticism appears appropriate before transferring millions of dollars from the drivers of Montgomery County to this company." 

The Inspector General report also noted that MCPS had yet to receive any revenue from the camera systems from BusPatrol even though the Vendor has collected $10million worth of ticket revenues from the system.  Furthermore, it was noted that the contract had been awarded without going through any sort of competitive bidding process normally required for any local government contract.

"Although we have not undertaken a forensic accounting review of the MCPS program, it appears to be structured much like the Dallas County School District program which ultimately led to the bankruptcy of the school district,"

"Much like the situation in Dallas County, Montgomery County appears to potentially bear the financial burden of vendor failure." 

The Montgomery Parents Coalition website has noted that the man who originally sold MCPS on the contract, Rick Sorrells, has been sentenced to 7 years in Federal Prison for his role in the Dallas Bribery scandal.  The Dallas scandal was so severe, that in addition to the criminal charges it led to the dissolution of the School board, and the dissolution committee has sought millions of dollars in damages from Force Multiplier Solutions and their former officers (see court documents).

The report also noted that while the stated reason for the system was to improve safety for children boarding school buses by reducing the rate of vehicles passing school buses, no safety improvement attributable to the system could be identified.  In fact, the report noted the incredible rarity of such accidents to begin with: "We contacted both MCPD and the Maryland State Police and requested data on school bus stop light violations resulting in pedestrian collisions in Montgomery County; neither agency could locate any record of such a collision in Montgomery County for at least the past eight years,"  The report noted that there had not been any reduction in violation rates, stating that “Data supplied by MCPS indicates that during the term of this contract, violation rates have remained relatively steady and in one year slightly increased. “

The fact that there has been no safety improvement is not surprising to those of us who were aware that data provided by the National Highway Traffic Safety Administration proved that serious accidents involving vehicles passing school buses are exceedingly rare.  In fact traffic fatalities involving such violations are only 1/3rd as common as fatalities involving pedestrians struck by school buses (which are also very rare).  Pedestrians struck during school transportation accidents from ALL causes combined account for only 0.02% of overall traffic fatalities in the US, according to NHTSA data, and the total number is a rate lower than the number of people killed by bee stings  every year.  Yet this has not stopped local governments from ignoring ALL other considerations about the use of these systems in the name of safety -- even making deals with criminals -- despite the fact that there is absolutely no data proving that school bus cameras have reduced accidents by even a small amount.

The OIG report also questioned whether the system might violate Maryland's laws regarding privacy because it had the potential to record people's conversations inside the bus without consent, without a warrant or an approved law enforcement purpose:

"According to the FMS/MCPS contract, and advertising literature from FMS, some of the interior cameras installed have audio recording and remote audio monitoring capabilities. We are aware that Maryland law has significant restrictions on monitoring and recording private oral communications absent consent of both parties.  We have concerns regarding the applicability of Maryland State law to a private company monitoring and collecting audio recordings for MCPS, which are not directly related to a law enforcement investigation. It appears that in most cases the surreptitious monitoring and recording of private communications, when allowed, is restricted to law enforcement related investigations and activities, absent consent of the parties. "

Additional Coverage:
TheNewsPaper.com: Maryland: Government Watchdog Warns Of School Bus Camera Impropriety

Parents Coalition: Man Who Met with MCPS and MoCo Police to Sell Them on Bus Camera Scheme Sentenced to 7 Years in Federal Prison

Parents Coalition: Montgomery County Council's 8 minute 7 second Discussion of IG 30 Page Report on School Bus Camera Scheme

Bethesda Magazine: Montgomery County Inspector General Questions Integrity of MCPS Bus Camera Contract

Texas Monitor: Maryland officials skeptical about bus camera program with ties to Dallas debacle

WTOP: Concerns raised about deal that put cameras in Montgomery Co. school buses

Patch.com: County Watchdog Concerned About School Bus Camera Agreement

Inconsistencies Found in Audit of State Speed Camera Program

An audit of the Maryland SafeZones speed camera program by the state Office of Legislative Audits found inconsistencies with the SHA's statewide speed camera program.

The report stated "SHA did not adequately monitor the Maryland SafeZones program vendor to ensure that the program was properly administered in compliance with all contract requirements," the audit report explained. "The contract contains certain vendor requirements, most of which are intended to ensure program compliance in accordance with state law and are necessary for the valid issuance of a citation when a speeding violation is detected." 

In particular, the audit noted that trained operators were not always present as required, road signage indicating photo enforcement in use, and the verification and documentation by the vendor of work zone site compliance before enforcement sessions. 

The audit also found that the SHA's own on-site reviews were inadequate.  Out of the 18 work zone cameras during the time the audit was performed, 10 of those sites did not have required inspections.  Additionally, the audit found that the number of accidents occurring within work zones were not comprehensively tracked.

The SafeZones Program had flunked a similar audit in 2012.

Related Sources:
Full report on the OLO website
NBC News: Audit Finds Some Inconsistencies with Maryland Work Zones Speed Camera Program
TheNewsPaper.com: Maryland Auditor Again Slams Statewide Speed Camera Program

Montgomery County Police Cruisers Injure Pedestrian, Cyclist

Two Montgomery County police cruisers have been involved in accidents within the span of 30 days which seriously injured a pedestrian and a cyclist, according to WTOP.

Opinion: Motorists Should Re-Elect Governor Hogan

Maryland's upcoming election could have huge implications for transportation policy for years to come.  Motorists, who represent the vast majority of commuters, unfortunately often allow their voices to go unheard and unrepresented.

Photo Enforcement Company Working with Montgomery County Embroiled in Fraud, Bribery Scandal

The former CEO of a company which put photo enforcement systems on Montgomery County school buses has plead guilty to federal fraud charges, according to an article on WTOP.   WTOP wrote:

"Robert Leonard, former CEO of Force Multiplier Solutions, a school bus camera company that had a contract with Montgomery County, Maryland schools, entered his guilty plea in Texas on Aug. 9.
According to the federal plea agreement, Leonard paid $450,000 in a bribe and kickback scheme involving a Dallas City Council member. Leonard also admitted to paying a Dallas County Schools Superintendent more than $3 million in bribes and kickback payments. In return, Leonard’s company, Force Multiplier Solutions, was promoted for contracts with school systems in Texas.
Montgomery County entered into an agreement with Force Multiplier Solutions two years ago. The deal eventually put an array of cameras in the entire fleet of Montgomery County school buses. In return, the revenues from violations by drivers who pass stopped school buses would be forwarded to Force Multiplier Solutions.
In June, Montgomery County School Superintendent Jack Smith wrote to the Montgomery County Council asking for $4.7 million in supplemental funds for the school bus safety system — now known as Bus Patrol America."  See full article at WTOP.com.

Force Multiplier Solutions has attempted to shake the scandal by rebuilding itself as an entirely new company under the name "BusPatrol America" and shedding the Force Multiplier brand.  “It’s a brand-new company and has no connection with any of the previous ownership of Force Multiplier Solutions,” BusPatrol CEO David Poirier stated to WTOP.  However both companies listed the address 8540 Cinder Bed Rd., Suite 400 Lorton, VA 22079 as their registered office, and David Poirier had been listed the registered agent for Force Multiplier Solutions, and several other Force Multiplier Solutions employees now work for BusPatrol.  A news article published at the time of Force Multiplier's closing stated that BusPatrol was "taking over the intellectual property" of the former company.    (But hey it's not the same company, since if you OK with bribery and fraud, then lies and deception is really nothing).

A 2016 memo describes how Montgomery County employees David McBain and Tom Watkins and Richard traveled to Force Multiplier's Dallas HQ and met with school Superintendent Ricky Dale Sorrells and Leonard, who are the subjects of the bribery and fraud scandal.  Montgomery County's contract with FSX began shortly thereafter.
 

The relationship between Montgomery County and BusPatrol is so close that the photo of Captain Tom Didone, the head of Montgomery County's entire photo enforcement program appears on the BusPatrol website to promote the company's business.



Screen Snapshot from BusPatrol website featuring a promotion by Montgomery County's Captain Thomas Didone

Montgomery County has pushed the state legislature first to authorize the issuance of stop arm camera citation, and then to raise the fines.  These violations now carry the lowest burden of proof of any violations in Maryland, and do not provide any right to face the accuser or operator nor do many of the limitations or legal protections which apply to speed camera citations apply.  As a result this has quickly become a multi-million dollar per year program.  However, there is no evidence that this has had any effect at reducing traffic fatalities, primarily because the rate of traffic fatalities caused by this was essentially zero in the county already.  Data published by the NHTSA shows that traffic fatalities caused by vehicles passing school buses are among the least common cause of school transportation fatalities.  In fact NHTSA data shows that for a student to be killed by being "struck by school vehicle" (which is rare to begin with) was three times more likely than a fatality where they were "struck by other vehicle involved in collision".  Locally, there had been no recent traffic fatalities cited to have been caused by this type of violation in Montgomery County prior to the creation of the program, whereas school buses struck and killed pedestrians in Maryland in June 2015 and March 2013, and other collisions involving Montgomery county school buses and pedestrians have also occurred in recent years.  Nevertheless, the county's stop arm cameras have become highly profitable.

Additional Coverage:
TheNewsPaper: Maryland, Virginia School deal with Disgraced Camera Company
WTOP: CEO of company which outfitted Montgomery County School Buses with Cameras pleads Guilty to Federal Fraud Charges
Memorandum describing creation of Montgomery County's contract with FSX
Memorandum of FSX funding from Montgomery County



Your Chance to Weigh In on Maryland's New Toll Lane Plan

Maryland residents are being given their first opportunity to provide public comment on Governor Hogan's $7.5billion plan to build new toll lanes on I-270, the Capital Beltway, and across the American Legion Bridge.

Last September Governor Hogan announced his plan to build a 40 mile network of express toll lanes along I-270 and I-495.  The plan's stated purpose is to reduce traffic congestion.  However the lanes would likely be "congestion priced", meaning tolls would be variable and could rise arbitrarily high, and other congestion priced projects such as the I-66 toll lanes in Virginia have recently drawn criticism for allowing tolls to routinely rise above $40 for 10 mile trip.

More information about the plan is available on the I-495 and I-270 P3 Program Website.  Four "open houses" on the project have been scheduled in which the public will be given the opportunity to provide in-person comment:
Tuesday, April 17, 6:30 pm - 8:30 pm
Dr. Henry Wise Jr. High School
12650 Brook Lane
Upper Marlboro, MD 20772

Wednesday, April 18, 6:30 pm - 8:30 pm
Clarksburg High School
22500 Wims Road
Clarksburg, MD 20871

Thursday, April 19, 6:30 pm - 8:30 pm
Bethesda Chevy Chase High School
4301 East West Highway
Bethesda, MD 20814

Tuesday, April 24, 6:30 pm - 8:30 pm
Eleanor Roosevelt High School
7601 Hanover Parkway
Greenbelt, MD 20770


The public can also send written comments to:
The I-495 & I-270 Project Office
707 North Calvert Street
Baltimore MD 21202

or by email to: 495-270-P3@sha.state.md.us

OUR TAKE: 
Toll roads have their place, and this project has the potential to alleviate the region's crushing traffic congestion.  However express toll lanes are not without costs for the public.  They constitute an enormous use of eminent domain and public resources that could have been used for other purposes.  The purpose of toll roads should be to reduce regional traffic congestion, not to spare only the extremely wealthy from the tax on their time which a lack of investment in our roads creates.  The purpose of such roads must certainly not be to simply enrich private companies.  In the best case these roads could ease travel for many motorists, but there is also the potential that an improperly implemented express lane plan would create a financial incentive for public officials to ignore worsening traffic congestion on the non-tolled roads in order to force people into paying excessive tolls.  

Drivers in Maryland were recently treated to a significant increase in the state gas tax, and we are entitled to see public funds spent building more non-tolled roads and road improvements.  

If new express toll lanes are to be built, it must be with the intention of reducing congestion on ALL roads, not just to maintain an arbitrary speed within the toll lanes.  Ideally congestion pricing should NOT be used.  Congestion pricing is generally a bad deal for motorists, because its purpose is literally to tax them off the road.  Instead tolls should be set at a rate deemed reasonable for average motorists motorists so that commuters can plan their daily trip with full knowledge of the cost in advance.

If "congestion priced" tolls will nevertheless be used, then it should be set at a level which maximizes total traffic flow, not just flow within the toll lanes.  Motorists should insist that if congestion priced tolls are used they must always be CAPPED at a reasonable price per mile, such that motorists won't be charged prices ordinary people cannot afford for a short trip.  Elected officials must be the ones accountable to voters for setting toll rates, not an un-elected board or a private company.  Elected officials should specifically be accountable if the maximum price per mile is one the average voter cannot afford: if members of the state legislature are unwilling to put their name next to a toll rate then it is too high.  And motorists should receive a guarantee, written into law, that the revenue from any express toll project will be invested exclusively into ROADS, including improvements in non-tolled roads, not siphoned off to other projects.

Additional Information:
Official Public Notice from FHWA
I-495 and I-270 P3 Program official website
WTOP: Public gets chance to weigh in on Md. toll lane plans

Bills Aim to Address Speed Camera Concerns

Two bills which aim to remedy longstanding complaints about photo enforcement and are currently before the Maryland General Assembly.

House Bill 1151 would require that speed camera citations "provide an accurate visual record of a motor vehicle" and "an accurate representation of the distance traveled by the motor vehicle between each time-stamped image".  This is intended to address a long standing concern that many citations do not provide sufficient information to verify the speed of a vehicle.  This is in response to numerous complaints of erroneous citations, including systematic speed camera errors in Baltimore City, as well as other documented cases such as the City of Rockville and College Park where speed cameras have been documented to have recorded incorrect speeds for vehicles.

In addition, HB1151 would clarify the calibration requirements for speed cameras, including stating that calibration tests must include "A CHECK OF ALL KEY SYSTEMS RELEVANT TO THE ACCURACY OF THE SYSTEM".  This is in response to the fact that current law basically does not state what a speed camera must actually be tested for.  In one example in the City of Rockville, an erroneous citation was issued to a school bus by a speed camera which passed all their calibration tests perfectly.  The calibration records did not in fact state that the device had been certified for any specific purpose or that they had actually been tested to verify they could accurately record speed, only the device was only tested according to unidentified "manufacturer specifications".  Had the complaint about the violation been raised by a private citizen rather than local school board, the error would likely have been denied.  Yet despite the gaping shortcoming of providing no idea what devices are being tested for, under current law such calibration records are still considered almost absolute proof of guilt by the District Court.

House Bill 1151 also requires that if an individual contests a speed camera citation, and requests the "operator" of the device appear, the actual individual who signed the camera logs or the actual officer who signed the citation must appear.  Under current law, many cases jurisdictions substitute a "representative" to appear in court in place of the person that signed the camera logs.  In many cases such a representative has no first hand knowledge of how the device was calibrated and is free to respond to any questions from the defendant with shrugs, "I don't know", or canned responses regarding what the operator is supposed to do rather than personal knowledge of what the operator actually did.  This effectively denies defendants their constitutional right to face their accuser and allows hearsay evidence to be used against them.

The bipartisan sponsors of the bill are Delegates Hill, Fisher, Jalisi, R. Lewis, McCray, Parrott, Pena-Melnyk, Reilly, Rey, Wivell, and K. Young.  HB 1151 will be heard by the House Environment and Transportation Committee on March 1.  The members of the House Environment and Transportation Committee are:
kumar.barve@house.state.md.us
dana.stein@house.state.md.us
carl.anderton@house.state.md.us
pamela.beidle@house.state.md.us
alfred.carr@house.state.md.us
andrew.cassilly@house.state.md.us
jerry.clark@house.state.md.us
bob.flanagan@house.state.md.us
william.folden@house.state.md.us
david.fraser.hidalgo@house.state.md.us
barbara.frush@house.state.md.us
jim.gilchrist@house.state.md.us
anne.healey@house.state.md.us
marvin.holmes@house.state.md.us
jay.jacobs@house.state.md.us
jay.jalisi@house.state.md.us
tony.knotts@house.state.md.us
stephen.lafferty@house.state.md.us
robbyn.lewis@house.state.md.us
cory.mccray@house.state.md.us
herb.mcmillan@house.state.md.us
charles.otto@house.state.md.us
shane.robinson@house.state.md.us
william.wivell@house.state.md.us
The Maryland Drivers Alliance has been calling for changes such as this to state law for years, because this would make speed cameras less unfair to the accused.  Citizens who wish to support House Bill 1151 can contact the Environment and Transportation Committee at the addresses above, or contact the bill sponsor to find out how you can provide formal written testimony in support. 

A second bill, HB1365, would require that anywhere a speed camera is in use in a school zone, "A DEVICE THAT  DISPLAYS  A  REAL TIME  POSTING OF THE SPEED AT WHICH A DRIVER IS TRAVELING" also be installed.  Such devices are referred to as "Radar Speed Display Signs" or "Your Speed" signs.  Numerous studies have shown that the presence of "Your Speed" signs are effective at reducing speeding in school zones.  A study by the Maryland SHA found that radar speed signs reduced average traffic speeds by 2-7mph, increasing voluntary compliance without the need for citations to be issued.  HB1365 is likely to be opposed by jurisdictions which profit from speed cameras, despite the fact that radar speed display signs have been proven highly effective at reducing speeding and improving safety, and despite the fact that existing speed camera revenues could cover the cost of installing such safety devices.

A Radar Speed Display Sign located near Montgomery County Police Headquarters

(the base of operations for the largest photo enforcement program in the state). 

Montgomery County does not typically use Speed Camera funds to install
such safety devices near schools because that would reduce speed camera revenues. 

HB1365 is sponsored by Delegates Wivell, Cillberti, Krebs, Long, McComas, McKay, Parrott, and Reilly.  The hearing for HB1365 will be in the Environment and Transportation Committee on March 2nd.

Lawmakers Propose New Type of Photo Enforcement

The state legislature is considering creating an entirely new form of photo enforcement in Maryland. 

The bill identified as HB0749 in the House and SB0551 in the Senate would create "Bus Lane Monitoring Cameras" that would issue automated tickets to vehicles which enter lanes reserved for buses.

The bill sponsors are Senator Joan Carter Conway (D, Baltimore City) , and Delegates Robbyn Lewis (D, Baltimore City), Angela Angel (D, Prince George's County), and Delegate Brooke Lierman (D, Baltimore City). 

The fines under the bill would be issued to the vehicle owner, not the driver, and would carry a fine of $100 (more than twice the amount of a Maryland speed camera ticket).  The fiscal policy notes for the bill state :"Because fine revenues are paid to the jurisdiction in an uncontested case, local revenues increase."  Bus lane cameras are not used in many other jurisdictions, however New York City was able to collect $17million in revenues from bus lane cameras in 2016.

The hearing for the bill in the House Environment and Transportation Committee took place on February 22.  Proponents of photo enforcement have generally claimed that photo enforcement is necessary for safety.  However in this case the bills sponsor in the house cited the desire to move buses more quickly rather than a safety purpose, and did not present any evidence showing a safety benefit from such cameras.  It is possible the passage of such a new form of photo enforcement could open the door to other kinds of mass surveillance for non-safety related purposes.  The bill was praised by Montgomery County delegate Al Carr (D, Montgomery County), an anti motorist lawmaker who has promoted other new types of non-safety related photo enforcement last year which would ticket for the mere presence of certain types of vehicles, and he stated that he wanted to see bus lane camera in Montgomery County as well.

Two citizens appeared to support the bill in the house committee, both were speaking on behalf of groups representing cyclists, a form of transportation which is completely immune to photo enforcement systems since bikes do not have license plates.

The cameras would likely be used first in Baltimore City.  Baltimore has a troubled history with photo enforcement.  The city's speed camera program needed to be shut down in 2012 after it was discovered that erroneous speed camera citations had been systematically issued to innocent motorists.  As a further demonstration of the city's competence, on the first day the Baltimore City speed camera program was restarted, the city issued hundreds of erroneous duplicate citations.  In another case of gross incompetence, the city of Baltimore issued 2000 citations which had been "signed" by a deceased police officer, and these citations were never refunded.  The city has also been struggling with a recent scandal where Baltimore City Police Officers allegedly faked body camera footage to ensure convictions of defendants.

The Hearing for Senate Bill 551 in the Judicial Proceedings Committee will take place February 27.  The members of the Judicial Proceedings Committee are:
bobby.zirkin@senate.state.md.us
delores.kelley@senate.state.md.us
jim.brochin@senate.state.md.us
bob.cassilly@senate.state.md.us
michael.hough@senate.state.md.us
susan.lee@senate.state.md.us
anthony.muse@senate.state.md.us
wayne.norman@senate.state.md.us
victor.ramirez@senate.state.md.us
justin.ready@senate.state.md.us
will.smith@senate.state.md.us

Guardrails Blamed for Fatalities In Use on Maryland Roads

The Maryland SHA has stated that it will no longer install a model of guardrail blamed for causing traffic fatalities in several states, but has yet to remove them from existing roadways.

Ten states have ordered the Lindsay X-Lite guardrail pulled from roads and replaced with models which meet the newest crash safety standards set by the Federal Highway Administration.   The Maryland SHA has stated that it will not install more X-LITES on roads, but approximately 980 units remain on Maryland roads.

Retired SHA traffic engineer Gene Simmers believes Maryland should replace the existing guardrails with ones that meet the latest federal safety standards  “You know there’s a problem. You know that there are other states that have removed them for safety reasons,” stated Mr Simmers.

According to an article in USA Today, the X-LITE was located at the site of six crashes involving fatalities in Tennessee, Missouri, and Virginia.  In five of those crashes the guardrails effectively impaled the vehicle.  In two fatal crashes in Tennessee —  the guardrails "did not perform as they were intended to," stated B.J. Doughty, the department's communications director. 

The devices are the subject of several lawsuits involving traffic fatalities in other states.   The guardrails had been tested by a lab owned by the manufacturer, which some claimed was a conflict of interest.  In April of last year, the Tennessee Department of Transportation send a letter to the Federal Highway Administration, calling on the agency to revoke their approval for the use of the devices, stating "I believe it appropriate to notify Federal Highway Administration of our inability to receive satisfactory installation information from the manufacturer and that in-service performance of this device is resulting in unacceptable safety levels for the department" and noting that the FHWA has the authority to revoke the acceptance of devices to be eligible for federal funding. 

Maryland pulled the devices from their approved product list last year, but many remain in use.

Most state DOTs did not independently test the devices themselves before using them.  But when Virginia ran their own tests they found that the devices failed, prompting the Virginia to remove it from the state's product list and VDOT is replacing it on roads where the speed limit exceeds 55mph. 
The manufacturer defends the devices and claims they save lives, "For decades, Lindsay Transportation Solutions has made safety our No. 1 priority. ... It is widely recognized that there are impact conditions that exceed the performance expectations of all safety equipment, and equipment’s inability to singly prevent every tragedy does not indicate a flaw or defect." stated the president of the company's infrastructure division.

Sources:
USA Today: Controversial guardrails linked to deaths get replaced
Fox 5: Dad on a Mission, Federal Oversight in Question
Knox News: More lawsuits accuse guardrail manufacturers of negligence
Knox News: Guardrails only tested by lab owned by creators