http://www.post-gazette.com/pg/08107/873732-53.stm

Police wrote 650 speeding tickets based on unapproved device
City bureau admits illegal timer was used for 6 months
Wednesday, April 16, 2008
By Moriah Balingit, Pittsburgh Post-Gazette

The Pittsburgh Bureau of Police acknowledged yesterday that officers illegally issued about 650 speeding tickets over the past six months by using a speed timing device that has not been approved for use in Pennsylvania.

The device, called light detection and ranging, or LIDAR, was being tested by the bureau pending approval of legislation that would allow its use. But it was supposed to be compared to and used in conjunction with an approved speed timing device, like VASCAR (Visual Average Speed Computer and Recorder).

LIDAR has not been approved for use by state or municipal police in Pennsylvania.

"We were going to take the data and decide whether we were going to purchase of it or not," Chief Nate Harper said yesterday at a news conference.

Now the bureau is reviewing 11,000 moving violation traffic citations issued after the department got the device in October and before last Thursday, when the device was pulled from service, to make sure they were properly issued.

It has vowed to work with Traffic Court to help anyone who was issued one of the improper citations to get the charges dismissed and any fines refunded. Chief Harper also said the bureau would work with insurance companies to get points accrued as the result of the citations removed. He will issue a letter to Traffic Court magistrates informing them of the error, he said yesterday.

Chief Harper attributed the problem to a misunderstanding. The bureau believes only two officers in the traffic unit were improperly giving out citations.

"It was a miscommunication between basically a supervisor and the officers," he said. "Out of the 24 officers, two officers misunderstood that this was only to be a test."

The problem came to light after a news media inquiry prompted Cmdr. Scott Schubert, who oversees the bureau's traffic unit, to review citations to see what device was being used to issue speeding tickets. When he discovered that some of the citations were issued using LIDAR, he notified Chief Harper and the device was pulled last Thursday.

There are two bills currently before the state Senate's Transportation Committee that would authorize the use of LIDAR for state police and other police officers who have training with state police.

LIDAR uses lasers to remotely calculate a vehicle's speed and can detect if a vehicle is traveling even slightly above the speed limit.

Senate Transportation Committee Chairman Roger A. Madigan, R-Bradford, said he opposes the bills because he has not seen justification for the use of the device by city police when they have other tools at their disposal.

Craig Shuey, Mr. Madigan's Transportation Committee director, said LIDAR has not been approved for city police use because "there is concern that the device will be misused."

He said the public generally does not support stringent enforcement of speed limits on city streets, where speed limits have been reduced in recent years.

"Excessive [speeding] is one thing, but strict adherence to the speed limit is another thing," he said.

Mr. Shuey added that in his eight years as director, he has never heard of a municipality using an unapproved speed timing device.

"Anytime the laws of the commonwealth are not followed there is reason to be concerned and when it's law enforcement, there is great reason for concern," he said.

Deputy Chief Paul Donaldson said at the news conference that the bureau believes the device should be approved.

What to do if you think you were improperly cited
http://www.post-gazette.com/pg/08107/873733-53.stm

The Pittsburgh Bureau of Police has advised people who believe they were improperly cited to do the following:

• If the citation indicates in Box 25 that LIDAR was used, follow the instructions on the back to request a hearing in Traffic Court.

• If you paid a citation based solely on the LIDAR timing device, send a copy of the citation to the Office of the Chief of Police, Pittsburgh Bureau of Police, 1203 Western Ave., Pittsburgh 15233.

• If you acquired points against your driver's license based on a LIDAR timing device, send in proof to the chief's office, with a cover letter attached, and it will be forwarded to the insurance company for consideration.

• All others are advised to call city police at 412-937-3051.