Over at ArinaNada.net, where they focus on informal student expression and creativity, there’s a question about the legality of traffic cameras in the state of Florida, and it got me to thinking: ‘Are traffic cameras legal in Florida?’ We certainly see them popping up all over south Florida, including here in the city of Coral Gables, and we know they’re an item that students are curious about, but just how legally binding are they? The real question here is does being caught on camera constitute a violation of the law, or are these types of cameras primarily a tool for revenue generation? To answer that question honestly, it has to be admitted that there’s no clear answer. The history of traffic cameras in Florida dates back to 2005, when the city of Aventura was the first municipality in the state to use these cameras for traffic enforcement. After that, the cities of Boca Raton, Coral Gables, Fort Lauderdale, North Miami Beach, Parkland, Pembroke Pines, Plantation, South Miami, Sunrise, Tamarac, Miami Beach, Miami Shores, Pompano Beach and Sunny Isles Beach all followed suit. In the last couple of years, the Florida Department of Highway Safety and Motor Vehicles reported that more than half a million traffic citations were issued by these types of cameras that are monitoring the streets of Florida. In 2010, a lawsuit was filed on behalf of Christine VanEtten in regard to one of those citations. The suit claimed that the red light camera fees in Coral Gables amounted to extortion and theft because violators are required by law to pay the fine, even when they did not truly violate the law. In 2011, the Florida Institute of Technology filed a lawsuit against the city of Melbourne, Florida, which also used traffic cameras issued by an Australian company. This lawsuit claimed that the cameras actually miscalibrated on a regular basis, falsely issuing citations to drivers. However, in 2012, the Florida Supreme Court unanimously upheld the legality of the traffic cameras in the state, affirming that violations of established law were, in fact, subject to penalty. The ruling effectively confirmed that the technology was legitimate and that the cameras were controlled by the Florida Highway Safety and Motor Vehicles, and the Florida Department of Transportation. Traffic cameras can have a profound impact on students who drive to school in the state, or who drive anywhere for that matter. There are many arguments in favor of cameras for traffic enforcement, including the fact that they hold people accountable for their actions, and thus deter people from dangerous driving behavior. There is also no possibility for racial profiling or bias when it comes to camera enforcement, and cameras offer the benefit of consistent enforcement. In addition, cameras generate substantial revenue. On the other hand, following traffic laws is a driver’s responsibility, and cameras are not always accurate about traffic violations, meaning that drivers may get ticketed unfairly. Fortunately, some of those unfair tickets can be challenged by drivers by examining the terms of the citation, and gathering evidence in their own defense. If people didn’t want to pay the fines for traffic citations, there are a few ways to examine the legality of the camera itself, and the fines. Were the cameras installed properly so that the public is properly informed of the limitations and laws upon which they base their enforcement? Not being responsible when behind the wheel means putting yourself at physical and legal risk. In that light, it has to be admitted that whether or not they are most effective or fair, traffic cameras can serve as a deterrent to dangerous driving habits.

On Arina Nada’s blog theme of student expressions and creativity, recognizing and complying with EMS legal requirements isn’t just important for law students but also for everyone else in the creative fields at UGM. A startling fact that most of us are unaware of is the number of laws in place at this very time that could affect you and me even though we may think we’re creative people and not involved in these things. But the truth is, it does affect us, only we may not know it yet. So, what do we do? We be smart and we become aware of these laws so that our creativity and endeavors in academics and professional fields are enhanced, protected, and legally compliant. No one wants to be hit with a lawsuit because they didn’t know what they were doing, right? So, we keep our eyes and ears open and question things that seem askew to us so we can get a better understanding and awareness about it.

For us, the better we understand something, the more it will benefit us when it comes to making the right decision regarding it. As for the EMS legal requirements, it is important that you understand them to identify them and your compliance obligations. That means using knowledge and judgment, experience, and discretion in identifying and clarifying what is expected from you, what you should do, and how to do it. For example, when it comes to creative projects of any kind such as publications, photography, videography, journalism, artwork, etc. you have to recognize that there are legal requirements and issues regarding those endeavors. These legal matters can affect the work you’re doing. If you’re not aware of them, your entire project may not only be illegally compliant but it could even be illegal or fraudulent in itself.

When we think of these things we often think of EMS legal issues such as licensing, permits, non-disclosure agreements, disclaimers, or terms and conditions. These fields and elements are very well-known so we tend to recognize them fairly easily. But there are also lots of legally relevant matters out there that are less obvious. Some of you may not realize how many there actually are and that every single detail must be accounted for to protect yourself and your work from being lost and exploited.

And if you are reading this wondering what I’m talking about or thinking it doesn’t apply to you, I suggest you should think again. Because these are all things that many UGM students in their passion projects face and you may have come across in your own projects, even if currently you don’t recall the details of those laws and how they affected your project at that time. And if you don’t make an effort to find out what you don’t know, then it can certainly become a problem down the road later on. The old adage, “it’s better to be safe than sorry,” rings true for the legal aspects too. You can take an extra step and learn about and educate yourself regarding this information and it will benefit you tremendously.

For more information on legal compliance in creative fields, you can visit Wikipedia on Copyright.