Red Light Robber

Red-Light Cameras are Unlawful in New York -- The Legal Stepping Stones

NYS Engineering Guideline 1, under "Scope of Services", defines an engineering practice as the "application of the special knowledge of the mathematical, physical and engineering sciences".

In other states, a statute defines an engineering practice. But New York defers the definition to a guideline. It is very unusual.

It is a linguistic mistake for a word to be defined by the word, but that is exactly what New York's statute Article 145, Section 7201 does: An "engineering practice is the application of engineering principles."

The definition of engineering from Merriam-Webster is:

en·gi·neer·ing noun 1 : the activities or function of an engineer 2a: the application of science and mathematics by which the properties of matter and the sources of energy in nature are made useful to people b: the design and manufacture of complex products <software engineering>

The definition of engineering as the "application of the mathematical and physical sciences" is common to all dictionaries and encyclopedias. It is this definition which separates the profession of engineering from other professions. For example, an accountant applies math but not physics.

MUTCD Edition 11-2023

New York MUTCD Supplement 2026

New York significantly changed the MUTCD. By changing MUTCD standards, New York violates its own state law NY Vehicle and Traffic Law, Title VIII, Article 44, §1680. The law adopts the federal MUTCD, and in the federal MUTCD, standards cannot be changed. Standards are mandatory.

A state can lawfully change federal MUTCD guidelines, options or support statements, but it cannot change standards.

New York MUTCD Supplement 2011

New York Uses ITE Yellow Change Interval Formula

Both NYSDOT and NYCDOT conceal how they determine yellow light durations. Unlike other DOTs in the United States, New York departments of transportation do not publish a "Traffic Signals Timing Manual". However, one sees that they use the ITE formula from an email (click on link) and from timing sheets of various intersections.

New York does not publish a traffic signals timing manual because a great deal of their yellow change intervals from these timing sheets do not follow ITE. The intervals are arbitrary. Many intervals are shorter than the durations even the flawed ITE formula requires.

The link tells that the NYSDOT requires traffic engineers to plug in "V + 5" into the value for v in the ITE formula. This lengthens the yellow light duration by about 0.3 seconds. The problem is, is that ITE formula renders durations that are 3.0 seconds short. 0.3 seconds does not help much. Also, the ITE guideline says to use V + 7.

NYS Board of Engineers Says RLC Plans Require Seals

This is David Raimondo's letter to the NY Board of Engineers and the Board's response. Raimondo asks whether red-light camera installation plans require signature and seal by a NY licensed professional engineer. The Board says "yes".

NYSDOT Requires Traffic Signal Plans and RLC Installations Plan Require Seal

The NYSDOT requires traffic signal plans and special plans (like red-light camera plans) to be signed and sealed by a licensed professional engineer.

Red Light Camera Installation Plans

This a sample of a red-light camera installation plan in Suffolk County. It is not signed and sealed by a licensed professional engineer.

Traffic Signal Plan

This a sample of a traffic signal plan in Suffolk County. It is not signed and sealed by a licensed professional engineer. Several fatalities have occurred at this intersection.

Certification of Plan Required To Get A Building Permit

19 CRR-NY 1203.3(a)(3)(i): To get a building permit to install the camera system, the plan for the red-light camera installation plan must be certified (sealed and signed by a licensed PE). Certification precludes a building permit. Building permit precludes installation. Installation precludes operating the cameras. Therefore, certification precludes operating of cameras.

Guideline 3 - When to Apply Seals

Engineering Incompetence, Section 6509 to 6511

Incompetence in basic science is against the code of conduct. Traffic engineers do not know the science of the yellow duration equation. They systematically misapply the equation forcing millions of drivers to run red lights and many to crash. In this letter written by the inventor of New York's equation, the inventor lists the kinds of traffic movements where his equation fails, that failure consequently forcing drivers to run red lights. Examine the list. In the list you will find that Suffolk County places all its cameras at the "don't" locations. There will be no exceptions.

Brooks Act of 1972

The MUTCD and the Brooks Engineering Act (Title IX, Section 301, Para 3) turn the traffic engineer's malpractice of setting yellow change interval and constructing traffic-control devices without a PE-certified (signed, sealed, dated) engineering plan a federal case.

The preliminary statement in a legal complaint or motion should read something like this:

Regards to the Application of Physical and Mathematical Sciences

Plaintiffs allege that traffic engineers acting in Suffolk County have misapplied physics when calculating the yellow change intervals, shortening the yellow change intervals below what the laws of physics require for the legal motion of traffic; that is, systematically causing entire populations of drivers to run red lights, thus allowing the Plaintiffs to unjustly take financial property from the Plaintiffs.   Plaintiffs allege Defendants further shortened the yellow change intervals in order to increase violations and ultimately their bottom line.

23 CFR Part 655 Subpart F declares the Manual of Uniform Traffic Control Devices (MUTCD) as the national standard for all traffic control devices. An MUTCD standard states, "The duration of the yellow change intervals shall be determined using engineering practices (MUTCD 4D.26-03).    Engineering practices as defined by the federal Brooks Act of 1972 are those adopted by the State (Title IX, Section 901 (3)).     The State of New York  defines engineering practices as “the application of the physical and mathematical sciences” whose purpose is to safeguard the public’s life, health and property (NY Education Law Article 145 Section 7201, Engineering Practice Guideline 1).   Encyclopedia Britannica, Merriam Webster’s Dictionary and the Accreditation Board for Engineering and Technology (ABET) repeat the definition.  The physical science pertinent to this case is physics.   

[The MUTCD requires engineers to conform to paragraphs labeled “Standard”.   The MUTCD does not require engineers to conform to statements marked “Guidance,”  “Support” or “Option”.   Setting yellow change intervals according to engineering practices is a standard (4D.26-03).    Setting yellow change intervals between 3 and 6 seconds is guidance (4D.26-14).    Following the ITE publications is support (4D.26-07).]

Institute of Transportation Engineers (ITE)

ITE is the source of the misapplication of the physical and mathematical sciences. The ITE yellow change interval equation opposes the kinematics of general traffic movements, forcing drivers to systematically run red lights. The Institute propagates the misapplication of scientific principles. ITE's Constitution, Article 1, Section 3, condemns ITE's own equation: "The Institute shall facilitate the application of technology and scientific principles to research . . . ."

New York Vehicle and Traffic Law

By misapplying physics, traffic engineers have introduced a systematic malfunction in every yellow traffic indication. The malfunction occurs every time the light turns yellow. From Section Title VII, Article 24, 1111-b:

(o)    It shall be a defense to any prosecution for a violation of subdivision (d) of section 1111 of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic indications were malfunctioning at the time of the alleged violation.

Regards to the Signature and Seal of the Licensed Professional Engineer

Plaintiffs allege that Suffolk County, Xerox, the NYSDOT and Nelson and Pope are constructing and erecting traffic control devices without lawful authority. No licensed professional engineer has neither signed, sealed nor dated any engineering plans for any red light camera installations. There are also traffic signals which have not been signed, sealed and dated.

The State of New York requires engineers to sign, seal and date engineering plans and specifications. (Article 145, Section 7209(1)). These plans include traffic signal plans, red light camera installation plans and traffic signal timing sheets.

"The seal and signature of a licensee on a document indicates that the licensee takes professional responsibility for the work . . . ." (Guideline 3: Section 1: Professional Seals and Signatures).

No official of New York, or of any city, county, town or village therein, charged with the enforcement of laws, ordinances or regulations shall accept or approve any plans or specifications that are not stamped (Article 145, Section 7209(1)).

New York Vehicle and Traffic Law

Without signature, seal and date from a licensed professional engineer for a traffic control device (traffic signal and/or red light camera), the traffic control device is neither official, has not placed by lawful authority or does it comply with lawful authority. From Section Title VII, Article 24, 1110:

(c)  Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by an official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(d)  Any official traffic-control device placed pursuant to the provisions of this chapter and purported to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

NYSDOT Finds No Sealed/Signed Plans

Nassau County Loses Lawsuit in Appellate Court

The highest New York Court, the Appellate Court, confirms that Nassau County violated State Law by charging red-light camera fees not authorized by the enabling statute.

Suffolk County Loses Lawsuit in Appellate Court

The highest New York Court, the Appellate Court, confirms that Suffolk County violated State Law by charging red-light camera fees not authorized by the enabling statute.

Suffolk County Loses Lawsuit

On April 27, 2020, Robert McGrath wins lawsuit against Suffolk County. All the red-light camera citations Suffolk County ever issued were illegal as long as Suffolk County collected more than $50 per citation. Suffolk County's added fees are illegal. Suffolk County appealed this case to the NY Appellate Court, where the judges also ruled in McGrath's favor. The appellate judges did not issue a final order because they felt sorry for the Suffolk County legislature because it would cost Suffolk County hundreds of millions of dollars to pay back its ill-gotten gains.

Nonetheless, the NY Supreme Court decision still stands.

ACS/Xerox Agreement, 2009

Xerox is the parent company of Affiliated Computer Services (ACS). ACS runs Suffolk County's red light camera program.

ACS/Xerox Agreement-1st Amendment, 2011

ACS/Xerox Agreement-2nd Amendment, 2011

ACS/Xerox Agreement-3rd Amendment, 2012

In 2012, Amendment 3 was added between Xerox and Suffolk County where Suffolk County asked Xerox to build up to 400 cameras. Xerox insisted on a minimum guarantee of 25 tickets per day or Suffolk County would have to pay Xerox about $2,000 for each under-performing camera and $17.25 for each ticket issued. That means that if there are 100 cameras that do not produce enough tickets, Suffolk County would be obligated to pay more than $200,000 a month to Xerox.

ACS/Xerox Agreement Quota Explained

Gilbert Anderson is lying. There is a quota. And traffic engineers did shorten the yellows and/or shorten the signal light cycle so that red lights confront more drivers during the day. The moment one hears, "We set them to according to traffic capacity", you can guarantee that traffic engineers shortened the yellows. To increase capacity, motorists must see more green light during the day. The only way to see more green is for engineers to shorten yellows. Shortening yellows to improve traffic flow is standard procedure for every traffic engineer in the country. Capacity goals trump legal motion of traffic goals every time. So "yes", you can count on it that traffic engineers have shortened the Suffolk County yellows within the last ten years. To find out for sure, you must obtain the "traffic signal plans of record" in effect at each intersection during the last ten years.

Note that is not necessary to use the argument "they shortened the yellow lights." This whole web site is about the fact the federal guidelines, just as they are, force drivers to run red lights. When an "official" says, "We are setting the yellows to the federal guidelines", those guidelines guarantee that the government/red light camera vendor will make millions of dollars every year.

Gilbert Anderson is a professional engineer. Because he is a P.E., the State of New York should hold him to a higher moral code. Suffolk County residents need to swear out a complaint against him with the New York Board of Regents. Lying is not professional conduct. Over clocking an intersection forcing drivers to run red lights is not in the "public's welfare" either.

Goal: Remove Gilbert Anderson's professional engineering license.

At this Oct 29, 2015 Suffolk County Legislature Hearing, the fire chief discovers the difference between the safety of traffic and the legal motion of traffic. Chief McArdle sees that red light cameras, somehow, exploit the latter and disregard safety.

Suffolk County violates Title 7, Article 24, Section 1111-b, subdivision (o). This law states that the accused is off the-hook when he can show that the traffic indication is malfunctioning. The traffic yellow indication, in the very least, are malfunctioning. Traffic engineers use the wrong functions (literally, mal-functions) to set yellow light indications.

Article VII, Section 54 allows a vehicle owner to not pay the fine while not ratting out the driver.

Violations vs Crashes Pie Chart

Miller Place at 25A Crash Types - 2007-2010

Miller Place at 25A Crash Types - 2011-2014

Dave Raimondo

2780 Middle Country Rd., Suite 312
Lake Grove, New York 11755
Tel: 631-471-1222
Fax: 631-471-1980

Joshua Bressler

3 West 35th Street, 9th Floor
New York, New York 10001
Tel: 917-969-4343

Not only does Mr. Bressler have a J.D. but also a BSc in electrical and biomedical engineering from Duke University. He is an intellectual property attorney.

Lawrence Kreiger

75 South Clinton Avenue, Suite 510
Rochester, New York 14604
Tel: 585-773-1991