by James J. Baxter, President, NMA - National Motorists Association

2NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSTABLE OF CONTENTSVOLUME 13 • ISSUE 2No Takers!........................................................2Congratulations NMA! ....................................2Undetectable....................................................3Paradise Refound............................................3Estate Bequests ..............................................4Why Can’t Everyone Drive Like Me? ............4But The Trust Fund Was Just Sitting There! 5Stop Signs........................................................6Rental Fine Undone ........................................6Radar Detector Crack Down ..........................7Nationwide Scrappage Programs .................7The "Not-A-National-ID" Scam .....................8The Hillbilly Mille ............................................8The ABC’s Of Arrest, Search andSeizure Part 2 ..................................................9News From Around The Country ................10The Experts’ Corner......................................11Members Write ..............................................12NMA Items For Purchase .............................15State Chapter Coordinatorsand Activists..................................................16Copyright © 2002 byNational Motorists Association Foundation.All rights reserved.NMAF NEWS (permit # 0716556-KWP) is theofficial publication of the National MotoristsAssociation Foundation, Inc. NMAF NEWS ispublished bimonthly by the National MotoristsAssociation Foundation, Inc., 402 W. 2nd St.,Waunakee, WI 53597. (608/849-6000) Nonprofitbulk permit paid Madison, WI. Annual membershipin the National Motorists Associationincludes subscription to NMAF NEWS.EDITORIAL STAFFExecutive Editor: ........................Eric SkrumAdvertising Manager:................Nancy MillsGuest Writer: ..........................David TatlockGuest Writer: ..........................Aarne FrobomGuest Writer:..................................John CarrGuest Writer: ......................Joe MusselwhiteCOVERToo Many Stop SignsBy Eric SkrumNo Takers!by James J. Baxter, President, NMAThe last issue of the NMAFNEWS lead off with anarticle about the NMA's$10,000 Ticket Camera Challenge.Our challenge (an open letter tocommunities in Maryland, Virginiaand Washington D.C. that employticket cameras) was published inmajor and minor papers. Theresponse from the targeted communitieswas a resounding silence.As you may recall, we offered topay any community running redlight cameras $10,000 if we wereunable to reduce red light violationsby at least 50 percent through theuse of traffic engineering practices.The flip side was that if we provedthe value of engineering solutions,the community would employ thosesolutions elsewhere and discontinuethe use of ticket cameras. Theallure of ticket camera money andthe "command and control"enforcement mentality (along withthe possibility that the incompetentand/or unethical management oftraffic lights would be uncovered)caused our challenge to gounanswered.No takers!Congratulations NMA!This year is the 20th Anniversaryof the National MotoristsAssociation. In that timeframe, motorist rights groups havecome and gone, but the NMA stillendures.Twenty years ago, we had adream… a dream of driving on roadsthat weren't hampered by a NationalMaximum Speed Limit (NMSL).That's how it all started. Since then,the NMA has succeeded in its originalmission; The repeal of the NMSL, andDid we expect otherwise? Notreally. The cities using ticketcameras are seduced by the easymoney, attracted by the appearanceof dealing with a "problem," andvery aware of the political andfinancial fallout if it is proven theyhave been fleecing motorists, inplace of correcting intersectionsafety deficiencies. But, we stillproved our contention. From asafety perspective, these communitieshad everything to gainand nothing to lose by taking usup on our offer. They have nolegitimate reason for not acceptingour challenge.If we are right about engineeringsolutions, the city ends up withvastly safer intersections. If we arewrong, the city can keep right ondoing what it is doing, includingrunning ticket cameras, plus receive$10,000 for experimenting with ourrecommendations. Clearly, a winwinsituation if the city's realmotivation is improved intersectionsafety. Unfortunately, the dominantmotivations appear to be greed,power, and the avoidance ofliability.has expanded to encompass othermotorist issues such as red lightcameras and traffic calming. The goalis to protect and enhance motorists'rights.And, the NMA has been succeedingat this goal, slowly but surely with thehelp of members, the State ChapterCoordinators, and Activists.So, give yourselves a hand!Through your support and your efforts,the NMA has been able to provide 20years of service to motorists.MARCH/APRIL 2002

3NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSUndetectableOur friends at Valentine Onealerted us to a new radar gunthat is on the market.Normally, this wouldn't be such abig deal, but it seems that the gun'smanufacturers, MPH Industries, isclaiming that the BEE III TM has aPOP TM mode that is undetectable.But that isn't the real problemwith this device. The real problemis that when the POP mode isactivated, the gun gives erroneousreadings, every single time.Valentine One believes thatMPH Industries is aware of thisdefect. In the Operation andService Manual it states, "A note ofcaution: Information derived duringthe POP burst is non-evidential…Citations should not be issued basedsolely on information derived fromthe POP burst."Paradise RefoundIn the last issue of NMAFNEWS, the article ParadiseLost described the photoenforcement program that was aboutto start in Hawaii.The system is currently activeand is causing many politicalproblems. Hawaii legislators arequickly discovering that constituentsare not happy with "PhotoCop." Motorists are calling thewhite vans that house the photoequipment "Tallyvans" and localradio stations have added disclosingphoto enforcement locations asstandard fare for their morningshows.Problems have been so prevalentthat the City and County ofHonolulu are stopping their use ofphoto radar. The city has citedconcerns about the public's reactionto the program and claims that thecameras are actually contributing toOf course, MPH Industriesisn't bringing up this defect whenthey are attempting to peddle theirlatest and greatest. The sellingpoint is that the radar gun cannotbe detected by the motorist. Whytell the police that readings areerroneous? The manual and itsnote of caution should be warningenough.However, given the widespreadignoring of manuals, will anyoneeven read that warning? And, ifthey do find the warning, will theyheed it?To learn more about thistechnology, visit the Valentine Onesite at http://www.valentineone.com/pop/. Valentine One has alsodeveloped a fun game that helps toillustrate the BEE III TM and itserrors.unsafe driving, causing drivers to gotoo slowly on some roads, bunch upin traffic, remove their front licenseplates, and pay more attention to thevans than to the road.Also, at print time, it wasreported that three Senate committeeswill vote on a bill to repealthe use of photo enforcement inHawaii.With all this in mind, the trendseems to be going towards theexpulsion of these cameras fromParadise. The NMA will certainlyencourage this trend.Keep “NMAF NEWS” coming...Photo ContestThe NMAF NEWS islooking for interesting,motorist-related graphics orphotos for its cover. If we useyour entry, NMAF NEWS willsend you $50.Here are the requirements.• Color: We would preferblack and white, howeverwe can accept color photosif there is good contrast.• Orientation: It should bevertically oriented with thesubject of the photo in thebottom two-thirds of thegraphic area. Preferably thesubject should also be to oneside or the other to allowroom for captions.• Topic: Your entry must bemotorist-related in itscontent.Please send your entry to:Cover ContestNMAF NEWS402 W. 2nd StreetWaunakee, WI 53597You can also email yourentry to nma@motorists.orgPlease remember to includeyour name and address withyour entry. If you wish to haveyour photo or drawing returned,please include a self-addressedstamped envelope suitable forthat purpose.Please notify the NMA when you have an address change. ThePost Office will not always send it to us (even if you’ve placed a“change of address” with them).MARCH/APRIL 2002

4NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSEstate BequestsThe NMA Foundation is at adisadvantage when it comes toseeking financial support. Wedon't provide homes for soft, cuddly,furry creatures, find cures fordevastating diseases, or providemedical treatment for needy children.Our goal is to protect and enhancesomething that almost everyone takesfor granted; Individual mobility andthe freedom and opportunity itprovides.The emotion, sympathy, andurgency of other deserving causes isdifficult to harness in the name of"driver's rights" or rational traffic laws.But, the next time you walk out thedoor and head for your car, think whatit would be like if it wasn't there, andthe ability to travel "when you want"and "where you want" was just amemory.With that said, the NMAFoundation would like you to keep itin mind when thinking of the future.Donations come in many forms, butone that is often overlooked is estatebequests. These generous donationsare made in the context of an overallestate plan that dictates provisions forone's heirs as well as charitablecontributions.Bequests are easy and flexible. Youcan simply state that "I give $XXX tothe NMA Foundation, a non-profitorganization, for its exempt purposes."You can even be as specific as youwould like to be. You can direct thatyour donation be used to addresscertain issues or certain projects.Bequests help preserve as much ofan estate as possible through taxsavingdevices and opportunities.Under current law, some assets aresubject to extremely high tax rateswhen passed to heirs through an estate.Such assets are ideal resources to usein making a charitable gift by will ortrust.For more information on thebenefits of estate bequests, you shouldtalk with your estate planner or callNMA Foundation Executive DirectorJim Phend at (317) 844-1932 orjphend@indy.rr.com.Why Can’t Everyone Drive Like Me?By David TatlockIprefer to travel alone. Not easyin a day of crowded roads. Likesome drivers, there's a little bitof the drifter in me. If faced with a seaof brake lights, I'll get off at the firstexit.I drive at an optimum speed to keepmy inner thoughts in contact. One ofthe reasons I like driving is that I thinkwell behind the wheel. I'd like toimagine I pioneered the gratuitousslow-down, putting on my right-handblinker, and letting the fast guys (or thepoliceman) deal with the horizoninstead of my bumper.Admitting my own innocuousidiosyncrasies, I'll offer a few of mydiscoveries about obtuse driving thatare potentially dangerous. Cars tend totravel in clumps thus relinquishing thecode that underlies the carefree imageof car, road, and freedom. Ignored isone rule after another such as "drivingaccording to the conditions" or, "notovershooting your headlights" andmost important, "leaving yourself anout."MARCH/APRIL 2002Speeding is not a primary cause ofaccidents; It is the driver who can'tmake up his mind. Then there arethose who can't parallel park, parkselfishly, or park so there is no roomfor another vehicle. How about thedriver who camps out in the middle ofthe lane, waiting to make a left-handturn, with nary a look to see if cars arestacking up?I gear my driving life to avoid thoseagonizing Sunday trains of forty andfifty cars, engineered by leaf peepersyo-yoing from thirty-five to forty milesper hour.I attribute smooth driving to criticalroad skills learned as a one-time cabbieand a lifetime motorcyclist. Being twoor three steps ahead of other drivers isno accident.One trick learned from road racingmy motorcycle is, what to do with youreyes when entering a turn. Mostdrivers look at one specific spot. Thisis called "target fixation." Crankingyour head, letting your eyes play ontothe tapestry up ahead, allows forgreater "carrying speed." You gowhere your eyes are.When you are wondering what theother vehicle is going to do, lookdirectly at the front wheel for signs ofits very first movement.Like much else in life, drivingability is an ancillary feature ofsomething long embedded in ourpersonality. In this country, there is atendency for people to spout theiropinions as though they were truisms.Brash, aggressive behavior, by a turn,can become smooth, conciliatorybehavior, and nowhere better judgedthan on the road, where all is influx.With just the click of abutton, renew your NMAmembership online!www.motorists.org

5NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSBut The Trust Fund Was Just Sitting There!By Aarne FrobomThe phrase "trust fund" has acomforting sound, but motoristsshould be uncomfortable aboutwhat's happened to the Highway TrustFund. This is the fund created in 1956to receive fuel-tax revenues and payfor federal-aid roads, including thenew Interstate system, and it wasintended to be used only for roads. Butthe Trust Fund kept faith withmotorists for less than two decades.Beginning in the Nixonadministration, the Trust Fund wasrolled into the "unified federal budget."While still usable only for roads, therate of Trust Fund spending began tobe depressed to make the overalldeficit look smaller. Large unspentbalances were carried throughout the1970's and 1980's. In 1983, the MassTransit Account was carved out of theTrust Fund, diverting road-user fees topublic transit.Road construction enjoyed a smallrenaissance following the 1997highway bill. For the first time indecades, Trust Fund spending actuallykept up with gas tax revenues. Roadand transit spending exceeded $31billion. But when the surplus evaporatedin 2001, the boom came to ahalt. When confronted with unexpecteddeficits, Congress and theBush administration reverted tochoking off road spending and usingthe Trust Fund balance to offsetGeneral Fund spending.Big bites have been taken out ofhighway funds. Of the 18.4 cents youpay in federal taxes on every gallon ofgas, 2.83 cents goes to big-city transitsystems, almost a sixth of the total. Abillion and a half a year is siphonedinto the ethanol subsidy, and thatamount is going up. Small fractions ofhighway aid are used for HOV (HighOccupancy Vehicle) lanes, parks, biketrails, old-building preservation, andeven anti-auto "smart growth"programs. These diversions growlarger every time Congress touches thehighway law.The federal highway program isreauthorized every five or six years,with new rules for divvying up thepie. Every year, Congress passes abudget for the US Department ofTransportation. Each of these events isan opportunity for pork barrelspending at the expense of highwaysgenerally. And at every one of theseopportunities in recent years, Congresshas set new records for spendinghighway funds on things other thanhighways. In the 2003 budget,Congress did away with"discretionary" funds that states canLike a warship or fort without aircover, the Trust Fund has turned froma valuable asset into a sitting-ducktarget, ripe for attack from all sides.apply to the US DOT for, and thenspent the whole discretionary categoryon pork barrel jobs in the states ofinfluential committee members.Will the U.S. federal highwaysystem collapse under assault fromCongress? Not immediately, but fundsare shrinking to the point where newcapacity to cope with traffic growthwon't be affordable. Non-highwayinterests could filch so much that theTrust Fund will no longer be of valueto some states.Like a warship or fort without aircover, the Trust Fund has turned froma valuable asset into a sitting-ducktarget, ripe for attack from all sides.Where it once united the country withhigh-speed highways, the Trust Fundcould become a means for flushingmoney away from auto-using statesinto transit-dependent areas, and awayfrom roads into other programs. Statesthat want road improvements could beforced to tax their own motoristsheavily to replace road money thatgoes to Washington and doesn't comeback.Is anyone defending the TrustFund? We'll see. The big cut in thehighway funds for 2003 was a wakeupcall for the highway system'sfriends, and a bill has been introducedto reverse the spending cut. This year'sContinued on page 13The Eisenhower SystemWhat Would Ike Say?In case you haven't noticed the5-star signs along freewayroadsides, the Interstate Systemhas been renamed the EisenhowerSystem of Interstate and DefenseHighways. This is to commemoratethe building of the systemstarting with the passage of theTrust Fund during DwightEisenhower's first term in 1956. Inpopular folklore, Ike became anenthusiast for freeway constructionby observing the autobahns inoccupied Germany after 1945.Actually, the Interstate Systemwas authorized in 1944, whenIke was occupied in Normandy.Some political history suggeststhat the President had to be soldon the concept of the Interstates,at first believing them to be aboondoggle, and unconvincedof the need for a new federal tax.Eventually, freeways becamethe enduring symbol of theEisenhower presidency. But whatwould the General say if he knewthat the Trust Fund, of which hewas initially suspicious, wasfinancing the Boston harbortunnel and the Los Angelessubway?MARCH/APRIL 2002

6NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSStop SignsBy John Carr, Massachusetts ActivistThis is the third in a series ofarticles on the Manual OnUniform Traffic ControlDevices.)"Please put a stop sign on mystreet to slow down speeders.''"That intersection is an accidentwaiting to happen.''Such requests are frequentlyheard by a city traffic engineer'soffice. Although many cities willroutinely install stop signs basedsolely on such complaints, they areoften hurting safety in their attemptto placate residents.(By the way, the second complainthas been declared politicallyincorrect by the National HighwayTraffic Safety Administration.They say, "there are no accidents''and the word "crash'' should beused instead.)NMA members who live in urbanareas might not realize that manyintersections around the countryhave no stop signs or traffic signalsat all. A stop sign is a substantialinconvenience to drivers andincreases the chance of a rear-endcollision. On low volume roadsthe benefits often do not outweighthe costs.The first step in intersectioncontrol is to make traffic stop on onestreet only. The goal is to assignright of way where failure to do sowould be hazardous. Before thesigns are erected, an engineer shouldobserve the intersection anddetermine that one of two conditionsis present: drivers on a major roadwould be surprised by drivers"Please put a stop sign on my street toslow down speeders.''entering from a minor road withoutstopping (e.g. because all the nearbyintersections have stop signs ortraffic signals), or the intersection isinherently dangerous (e.g. it haspoor visibility or a serious accidenthistory).More often a city is decidingwhether to convert a two way stop toa multiway stop, an intersectionwhere all traffic must stop. TheMUTCD calls for more caution inthis case. In particular, the engineershould do more research and comeup with a written recommendation.There are two main reasons toinstall multiway stop signs: fairnessand safety. Posting stop signs ononly one road at an intersection maycause long delays waiting for trafficon the other road. If the minor roadcarries at least 200 vehicles per hourand the average delay exceeds 30seconds, it may be appropriate tostop traffic on the major road too. Aserious accident history (five ormore per year) can also justifymultiway stop signs.Multiway stop signs work bestwhen traffic volumes are moderateand about equal on all streets. Ifthere is little traffic entering from theside street, drivers on the main streetwill see no reason to stop. If trafficis heavy, a traffic signal should beused instead.So back to the complaints."Do something about speeders.''The MUTCD says "stop signsshould not be used for speedcontrol.'' There are two reasons forthis advice: such signs areineffective and dangerous. StopContinued on page 9Rental Fine UndoneThe article Your Rental Car IsWatching You (July/August2001 issue of NMAF NEWS)discussed a situation in Connecticutwhere Acme Rent-A-Car was usingGPS technology to track their rentalcars. Any time the renters exceededthe speed limit, they would automaticallyhave a $150 fine chargedto their account.The Department of ConsumerProtection filed a complaint last Julyaccusing Acme of violating thestate's Unfair Trade Practices Act.Commissioner James T. Flemingof the department approved thedecision of the hearing officer thatAcme is to stop this policy andrefund an estimated $13,000 ormore.Acme claims that this policy wasenacted to discourage dangerousspeeders and cover the excessivewear on vehicles driven at higherspeeds.Fleming has stated that the $150charge far exceeded the average 37cents in auto damage caused byspeeding, making it an illegalpenalty, not repayment for incurreddamage. And, that it isn't Acme'sjob to enforce the speed limit in anystate.Currently, there are 26 customerswho were charged by Acme, one ofwhom actually accrued a $450 finefor speeding from the company.Fleming has also asked statelawmakers to make fines like thisillegal.Source: Associate PressMARCH/APRIL 2002

7NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSRadar Detector Crack DownBy Eric Skrum, Managing EditorTexas is going after radardetectors, was the simplephrase from a CNN story thatbegan a deluge of emails to my office.Many members became concerned thatthey were going to be ticketed forusing their radar detectors.The simple answer to this is, "No.You aren't going to get a ticket forusing your radar detector." So, whatwas CNN referring to? The TexasDepartment of Public Safety (DPS)purchased 101 radar detector detectorswith federal grant money in order tocrack down on truck drivers. While itisn't illegal for motorists to use radardetectors (except for Virginia andWashington DC), it is illegal underfederal regulations for interstatecommercial drivers to use detectors.This new effort and future plans by theDPS will make it possible for nearlyevery License and Weight trooper inthe state to have this technology.On the issue of radar detectordetectors, we do need to warnmembers who travel in Virginia andWashington DC or those who may alsobe commercial truck drivers. Radardetector detectors are nothing new.They have been around for quite sometime. There is a see-saw battlebetween radar gun manufacturers andradar detector manufacturers. Theradar gun manufacturers try to comeup with a reliable way to defeat thedetectors while the radar detectormanufacturers keep developing waysto thwart those efforts. Well, this battlehas shifted again. The NMA recentlylearned of a new development on theside of radar detector detectors. Thenewest devices are reported to have thecapability of detecting all radardetectors.While the NMA hasn't been able toconfirm how rampant the use of theselatest devices is, we felt that a warningto our members was still in order.Please be aware of the possibility thatthese units may be used in the areaswhere detectors are prohibited. As ofthis printing, the NMA hasn't been ableto determine if the 101 detectordetectors purchased by the Texas DPSare the new technology or the old.Nationwide Scrappage ProgramsAbill (S. 517), authored bySenators Daschle (D-SD) andBingaman (D-NM), has beenintroduced in the U.S. Senatecontaining a provision (Section 832)that would federally fund statescrappage programs for vehicles over15 years old. Owners who turn invehicles for crushing would receive a"minimal" payment and a future credittoward purchasing a newer vehicle, allin a misguided attempt to improve theoverall fuel economy of the country'svehicle fleet. This bill represents themost formidable Federal legislativethreat to the vehicle hobby in manyyears.• Section 832 of S. 517 wouldgive states that don't currently operatescrappage programs an extra incentiveto create a program due to generousfederal funding.• Section 832 of S. 517 requiresthat federally funded state scrappageprograms crush every car. It threatensenthusiasts nationwide with the loss ofvaluable parts for repair, restoration,and customization projects.• Section 832 of S. 517 does notrequire states to determine the fuelefficiency of vehicles being scrappedor that scrapped vehicles are beingreplaced by more fuel-efficientvehicles.• Section 832 of S. 517 ignoresthe fact that cars turned in forscrappage often barely run or arerarely-driven second or third vehiclesthat have a minimal impact on overallfuel economy.• Section 832 of S. 517 willdiminish the availability of affordabletransportation and repair parts to lowincomedrivers as more and more oldercars are crushed.• Section 832 of S. 517 does notguarantee that low-income individualswill be able to afford to purchase newvehicles—let alone more fuel efficientvehicles—with the money provided byscrappage programs.• Section 832 of S. 517 ignoresmore socially responsible and costeffectivepolicy options like voluntaryvehicle repair and upgrade programsthat maximize the fuel efficiency ofexisting vehicles.Thanks go to SEMA (SpecialtyEquipment Market Association) forsending this information to the NMA.Contact Your U.S. Senatorsregarding Section 832 of S. 517. Visithttp://www.senate.gov/senators/senator_by_state.cfm to find their contactinformation. You may also phone theUnited States Capitol switchboard at(202) 224-3121 and an operator willconnect you directly with the Senateoffice you request.NMABenefit ReminderWant to fight a ticket?The NMA Legal Defense Kit TMis a great resource!Call 800/882-2785for more information.MARCH/APRIL 2002

8NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSThe "Not-A-National-ID" ScamBy Eric Skrum, Managing EditorFor years there have been manyproposals that, in essence,would have created a NationalID. Groups such as the NationalMotorists Association and theAmerican Civil Liberties Union haveopposed such actions. However, afterthe tragic events of September 11th,the National ID issue is picking upmomentum in the cry for moresecurity.The American Association ofMotor Vehicle Administrators hasformed a task force to address the issueof driver licensing. They will bedetermining a standard procedure toissuing licenses. They will also explorea variety of ways to connect the driverlicense databases from different statesto each other, and then explore howthose could be linked with lawenforcementagencies. The use of"biometrics" as a way of identificationon your license is being vigorouslypursued. Whether that will befingerprints, retina scans, DNA, orsome other method has yet to bedetermined.Officials are claiming that none ofthis will cause your driver's license toThe Hillbilly MilleLong time NMA memberAnatoly Aruntunoff isorganizing the Hillbilly Millethis year in Santa Fe, New Mexico.This event will take place from April16th to the 21st. Anyone participatingin this event will expect to enjoy fivenights and six glorious days touring theback roads of New Mexico with stopsalong the way to include the art,pottery and jewelry galleries of Taosand Santa Fe, Georgia O'Keefe's GhostRanch, the Acoma Pueblos, and theSandia Peak Tram, to name a few.Meals will be of your choosing frombe a National ID because the driver'slicense will still be issued by the statesrather than by a national agency. Wedisagree. This is pure sophistry. If allthe driver license databases areconnected, you basically have onegiant database on every licensed driverin the United States. Add to theequation that law enforcement willhave free access to this system, andyou now have your National IDsystem.This use of the driver's license foridentification is being touted as a wayto increase safety. This is not only abad idea, it is unworkable.To begin with, almost a third of thepopulation does not possess a driverlicense. Young people under the age of16, elderly folks who no longer drive,handicapped persons, and persons whohave had their licenses revoked do nottypically carry driver licenses. Asurvey conducted in Ohio in the late1990's found that one out of sevendrivers was operating without a validdriver's license. A large percentage (50percent has been quoted by motorvehicle administrative agencies) of thedrivers convicted of DWI violationsthe menus of world renown restaurantsand historic sites. You will be stayingat the historic Bishop's Lodge, SantaFe, New Mexico.If you are interested in attending,send either the $1000 deposit or totalentry fee of $3600 to:Hillbilly Millec/o Anatoly Arutunoff1329 East 29th StreetTulsa, Oklahoma 74114never apply for reinstatement of theirrevoked driver licenses, usuallybecause they cannot afford the cost ofthe required insurance coverage.Driver licenses are also suspended orrevoked for failure to pay childsupport, attend school, or paymunicipal fines. (And the list growslonger each year.)The point here is that a large portionof the population does not possess adriver license. Further, the purpose of adriver's license is to provide evidencethat the holder has the minimum skillsnecessary to operate a motor vehicleon public roads. Using the driver'slicense as an ID card (or a lever toforce attendance in school or coercechildcare or fine payments out ofdebtors) defeats its primary purpose,that being the identification of theholder as a person capable of operatinga motor vehicle. Rather than make abad situation worse, why not step back,reverse course, and confine the officialuse of driver licenses to the purposethey were originally intended to fulfill;Identifying the holder as qualified tooperate a motor vehicle on a publicroad. Wouldn't that be a novel idea?Have a friend join the NMA andyou’ll get an extrathree months of membershipFREE!State ChapterCoordinators & Activists:You can find a list of thesevolunteers on the back of thenewsletter. They are a greatresource for NMA members.Can’t find one in your state?Would you like to become one?Contact the NMA for moreinformation.MARCH/APRIL 2002

9NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSThe ABC’s of Arrest, Search, And Seizure Part 2By Joe Musselwhite, Texas ActivistThe Fourth Amendment (USConstitution): "The right ofthe people to be secure intheir persons, houses, papers, andeffects, against unreasonablesearches and seizures, shall not beviolated, and no Warrants shallissue, but upon probable cause,supported by Oath or affirmation,and particularly describing theplace to be searched, and thepersons or things to be seized."So, when does the FourthAmendment apply?In this issue, we will discusswhen the Fourth Amendmentapplies. Simply put, the FourthAmendment applies to lawenforcement agents. There are twothreshold requirements that must bemet before the Fourth Amendmentwill be held applicable in a particularsituation. The first, which applies toall the provisions of the Bill ofRights, is that the conduct inquestion must be governmental.Second, the action challenged mustconstitute a search or a seizure.Thus, the Fourth Amendment isimplicated only when the governmentintrudes into one of these twoareas. In a future article, we willdiscuss the definitions of the termssearch and seizure, and when asearch or a seizure occurs.The Fourth Amendment appliesonly to action by the government,not to private conduct. As the Courtobserved in 1921, the "origin andhistory of the Amendment clearlyshow that it was intended as arestraint upon the activities ofsovereign authority [only]." Burdeauv. McDowell, 256 U.S. 465, 475(1921). Where the actor is a federal,state, or local government agent, thisrequirement is met. Where, however,a private party acting on his ownacquires evidence that the governmentlater seeks to introduce in acriminal case, neither the FourthAmendment nor its exclusionaryremedy is implicated. However,when an individual acts at thedirection of a government agent orpursuant to an official policy, thesearch will be deemed public andconsequently within the coverage ofthe Amendment.The issue becomes substantiallymore difficult when there is no directgovernmental command or policy,but merely acquiescence in theprivate individual's action. Suppose,for example, that police officers aresummoned to a scene by personswho proceed, in the presence of theofficers, to conduct an illegal search.Is that a "public" search subject to"The right of the people to be securein their persons, houses, papers, andeffects, against unreasonable searchesand seizures...Fourth Amendment constraints?Several courts have concluded that itis. Factors looked at in determiningwhether the private party is acting as"an instrument of the state" are:1) the degree of governmentencouragement, knowledge, and/oracquiescence with regard to theprivate actor's actions; and 2) thepurpose underlying the privateparty's action. That is, was hepursuing a governmental interest(such as the discovery of criminalactivity or evidence thereof), whichpoints toward the conclusion that thesearch was public? Or did he act topromote his own business objectives( such as protecting against accidents,false claims or potentialliability), which makes the actionprivate in nature? See United Statesv. Walther, 652 F. 2d 788 (9th Cir.1981) and United States v. Feffer,831 F 2d 734 (7th Cir. 1987).In summary, we have seen thatthe federal right applies to actions oflaw enforcement officers or theiragents. If a non-officer is commandedby police to help solve orinvestigate a case, then that person isconsidered an agent of law enforcementand the Fourth Amendmentapplies. If a private citizen makesa search or seizure, the FourthAmendment does not apply. Searchand seizure law is designed to applyonly to governmental actions, notactions taken by private personsor entities.In our next issue, we will discussthe definitions of a search and whena search occurs.References: ConstitutionalCriminal Procedure, Robert M.Brown, and Mark S. Brodin Arrestand Search Manual, Judge JadeMeeker.Stop Signscontinued from page 6signs only slow traffic for about 100feet in either direction. Farther away,cars drive faster to make up losttime. Most drivers don't stop for"speed control" stop signs, and aGeorgia study found that 11 percentof drivers didn't even slow down.Portland found that the accident rateincreased where unjustified stopsigns were installed."An accident waiting to happen.''Multiway stop signs should be basedon counts of actual accidents, nothypothetical ones. A single accidentis also not sufficient, even if ithappened to somebody important.The basic principle, applicable tomost traffic control devices, is that asign that does not deserve respectwill not get respect. If we traindrivers to treat stop signs asnuisances to be ignored, how willthey know to stop at a trulydangerous intersection?MARCH/APRIL 2002

10NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSNews From Around The CountryArizonaA bill (H.B. 2045) has beenintroduced in the Arizona House ofRepresentatives to exempt vehicles 20years old and older from the state'smandatory emissions inspection andmaintenance program.CaliforniaThe Thousand Oaks City Councilhas rejected a plan that would haveallowed the city to utilize red lightcameras in a vote of 5-0.ColoradoCurrently, you can not be pulledover solely for not wearing yourseatbelt. Senate Bill 15 would changethe seatbelt law to a primaryenforcement law.Also in Colorado news, Denver ishalting the use of photo radar until itfinishes reviewing a court ruling thatsaid the program violates local and citylaws. County Judge Mary Celesteruled that Denver's program violatescity law by giving police power to aprivate contractor, who prepares andsends the summonses. And, theprogram violates state law byappearing to compensate the contractorbased on the volume of tickets issued.MassachusettsA bill passed the Senate that(if signed by the Governor) wouldmandate the collection of a $50.00payment from convicted drunk drivingoffenders. The payment would then beallocated to a fund that would providesupport services to victims.MichiganState Senator Phil Hoffman sentthrough a $10 increase in the surtaxapplied to all traffic fines. Senate Bill677 was protested in testimony byMichigan NMA members and anti-taxactivists, but was approved and signedquickly. In fact, the surtax wasimposed by the Governor's executiveorder in advance of the passage of thebill. Michigan legislators may begetting the habit of tapping motoristsfor money, instead of taxpayersgenerally. House Bill 5555, introducedin late December by RepresentativeFaunce of Warren, would doublespeeding fines in "residence districts."A residence district is any 300 feet ofroad where the dominant roadside landuse is houses or mixed houses andbusinesses, so most of the state's roadscould qualify.MississippiCurrently, Mississippi restricts thepurchase and use of radar speeddetection equipment to the MississippiHighway Safety Patrol and certainmunicipal law enforcement agencies incities with more than a 2,000population or college and universitycampuses with more than 2,000students enrolled. House Bill 99 wouldallow the sheriff and his deputies inany county having a population of60,000 or more to use radar on publicstreets, roads and highways of thecounty lying outside the limits of anyincorporated city. There is a similar bill(HB308) for counties with apopulation of more than 50,000. Ifpassed, either bill could take effectJuly 1, 2002.MontanaCurrently in Montana, you areallowed to refuse to take a breath orblood test for alcohol. However, theMontana Supreme Court (in a 6-1decision) has now said that results ofblood tests taken from an injureddriver as part of medical treatment canbe used for prosecution.New YorkA proposal before the New YorkState Senate calls for the creation of aSeptember 11 remembrance licenseplate showing the image of the WorldTrade Center with a red, white andblue ribbon. Freedom Stands Tallwould be inscribed on the plates.People getting the plates would pay anextra $25 a year; The proceeds wouldgo to September 11 victims or theirsurvivors.VirginiaIn a 12-9 vote, a House panelblocked legislation that would haveallowed local governments to use redlight cameras. The legislation wouldhave allowed any locality in the stateto erect the cameras at intersections.Currently, only a handful of localgovernments have been granted thisauthority, most of them in NorthernVirginia.Washington DCWashington DC has issued over160,000 automated speeding ticketsand has collected more than $5.3million in fines since they started theprogram on August 10, 2001. Theprogram has issued a monthly averageof 32,264 speeding tickets since itsinception. Affiliated ComputerServices of Dallas, which operates thecameras has collected $2,152,612. Thecompany's contract with the cityentitles it to receives $29 of each finethat is paid.WisconsinRicky Stephenson is suing JohnKrueser for the death of his wife,Kathy Stephenson. Krueser hadpromised Michael Devine that hewould be his "designated driver"during a company party in December1998 after a bartender said that Devinewas too drunk to drive. Devine endedup driving himself home and crashedhead-on into a car driven by KathyStephenson. Both died. TheWisconsin Supreme Court will decidewhether Krueser should be heldaccountable for Stephenson's death.MARCH/APRIL 2002

11NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSThe Experts’ CornerDo you have a question thatonly an expert can answer?If so, look no further. Wehave many NMA members withspecial fields of expertise. Thisfeature was created to assistmembers with answers to bothpractical and technical questions.This sharing of knowledge isanother benefit of belonging to theNMA. Please indicate that you arean NMA member when calling alisted “expert.”Can you help? Please contact uswith your field of expertise andprovide us with a contact address.A telephone number would be veryhelpful, but is not required. Feelfree to list preferred contact times ifyou do provide a telephone number.PLEASE NOTE: This is notintended for listing of commercialbusiness services.As an NMA member, the Experts’ Corner is available to you online athttp://www.motorists.org/join/membersonly/experts.htmlMARCH/APRIL 2002

12NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSMEMBERS WRITEYour letters are welcomed and appreciated. This is a forum for diverse opinions, different perspectives, andpersonal experiences. Letters may be edited for length or clarity. Letters should not exceed 300 words inlength. Full-length articles will also be considered for publication in the NMAF NEWS. Articles should notexceed 600 words in length. Positions and opinions expressed in letters and member-authored articles arethose of the author and do not necessarily reflect NMA policies or objectives. To submit, you can email us atnma@motorists.org or mail to our NMAF Office.In the News From Around TheCountry section of the January/February 2002 issue of NMAFNEWS, it was mentioned thatRichard Philbrick (a Massachusettsresident) had erroneously received ared light camera ticket fromColorado (a state that neither he norhis car had been to in years). Oneway to avoid that situation is to becareful how you dispose of your oldlicense plates. Never turn in oldplates at the old plate recycle box atthe license bureau. This happened tosomeone in Ohio a few years back.They had old license plate recycleboxes at the license bureaus. Someguy put his old plates in one of thoseboxes and wound up getting parkingtickets from Atlanta, Georgia on hisold plates. Be sure to thoroughlydestroy them before disposing ofthem. You can't be too careful thesedays. Or, Richard Philbrick could bethe victim of outright identity theft.Tom MorrowOrchard Park, NYThis is in response to News FromAround The Country in theJanuary/February 2002 issue ofNMAF NEWS. Under the"Washington DC" section, youmentioned some of the problemswith the photo radar tickets. Thereare other problems as well. Policeare getting photo radar tickets whileresponding to "code one" emergencies(driving with their blueflashing lights turned on).Police Chief Charles Ramseyresponded to the news by basicallytelling the cops who work for him totell it to the judge and see if hebelieves you, which of course doesnot work, even for the cops. That'swhat I call poetic justice.The cops have responded bydriving slower during "code one"emergencies. They don't want to getmore tickets.Seth AllenAlexandria VAJust wanted to let you know thatI beat a ticket today given to me inAugust 2001. I was stopped on I-10in Tallahassee, Florida, from aVASCAR tracking aircraft run bythe Florida Highway Patrol (FHP).By using your strategy of asking forcontinuances, I was able to delay thehearing until today. Unfortunatelyfor the FHP, they transferred thetrooper who was on the ground toTexas in December! Thanks againfor the advice—you saved me$130...not to mention 3 points.Michael P. Procter, Sr.Jacksonville, FLThis concerns the article byAarne Frobom, on environmentalistsusing traffic laws to regulate gasusage (NMAF NEWS, January/February 2002). It is important toknow that airplanes use 20 percentof the United States gas whilemotorists use 80 percent. That tiny,tiny minority who fly, use a vastlydisproportionate amount.Leroy PlettenSterling Heights, MII want to thank you so much forrunning your January cover photo ofthe sign saying, "Signals timed torequire frequent stops." It truly is aclassic.If I remember correctly, that signappears as you enter the east end ofthe Revere Beach Parkway inRevere, Massachusetts. The firsttime I saw this infamous sign, I wasstruck not just by the oppressivestyle of traffic management that itevidenced, but by the sheer, boastfularrogance it demonstrated on thepart of the state to erect a signactually documenting it.Since I voted with my wheels outof the People's Republic about twoyears ago, I had been despairing ofever convincing my new acquaintancesthat my story was not a talltale, and that any government couldbe so witless as to intentionally erectsuch a sign. Now I have yourJanuary cover to use as evidence.C. D. TavaresMorristown AZcontinued on next pageMARCH/APRIL 2002

13NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSMembers Writecontinued from previous pageYour article in the January/February 2002 issue of NMAFNEWS (Uncomfortable Situations)misses a very important point.Traffic Police in the United States(along with most Third WorldCountries) can arrest and have aperson convicted with no proof ofthe charges. Not stopping for arevenuer is an affront to his authorityand also cuts into his productiontime. A very real possibility is that adriver who doesn't immediately pullover could be additionally chargedwith evading arrest, not yielding toan emergency vehicle displayingwarning lights, or whatever elsecould be thought up. Of course, thatis assuming the traffic stop is real.Unmarked cop cars is an issuewhich has concerned me ever since Isaw a motorist pulled over by one ina remote section of the Utah desert.The car had an official look to meonly because a handful of men underthe age of 60 drive big Ford CrownVictorias—but what if it had been aCamaro? The closest town was atleast 20 minutes away at 80 mph.And, if the driver made it that far,who knows where the police stationwould be located. I know a guy whowas pulled over outside of LasVegas by a red Jeep Cherokee drivenby an officer in plain clothes. If hehad not stopped, certainly he wouldhave experienced more than just awritten citation. However, if the Jeephad been driven by a criminal, hewould now be wishing he would nothave stopped (assuming he wouldstill be alive to do so).D HeffingtonLas Vegas, NVEditor's note: It is true that thearticle didn't cover all situations andthat some of these actions wouldn'tbe appropriate at certain times.There are so many factors involvedthat we can't tell you what youshould or shouldn't do. But, we cangive you options that you can weighfor yourself, which was the purposeof the article.In response to the road signs inRedwood California that read "WhatDon't You Understand About 25mph?" (January/February 2002 issueof NMAF NEWS, News FromAround The Country on page 10),someone should post a placardunderneath stating, "Why?" Such aposting would arguably be legal asjustified by the invitation of theposting and as a free speech politicalresponse to a government-sponsoredpolitical message.Brian Graffman Esq.,Spring Valley, New YorkA town hall on drunk drivingaired on CSPAN during Christmasweek. I think it was actually tapedsometime in November. It wassickening to hear them spout offabout wanting more sobrietycheckpoints and more technology toimprove detection. These town hallsapparently happen at least once ayear. Maybe the NMA could inviteitself to participate in 2002 meeting.One comment was made that offereda question as to why there weren'tmore people at the town hall. Theyindicated that they thought perhapspeople were becoming disinterestedin the subject. I guess if you keepcrying "Wolf" so much, that happens.Also on CSPAN, the guest forthis last week's Booknotes was BillPress with a new book out aboutspin. I thought what a great "spin"that MADD generates. In fact thewhole Public Safety Industry is spinat its best.Our Legislative session starts thefirst of March (I think) here inOklahoma. Although I'm not yetsure, I look for a Red Light CameraBill to be reintroduced again thisyear. This will be the third year forits introduction. One more quickcomment. I was encouraged by theinterest in the special NMAFoundation Grant that membersoverwhelmingly responded too.I'm sure the NMA will put it togood use.Charles FrentzelBixby, OklahomaTrustcontinued from page 5debate will test whether road users stillhave any clout in Washington. Thehighway lobby's record has been prettydismal in recent years. What was apowerful group of interests when theTrust Fund was enacted in 1956 isrunning out of steam. The vision of acoast-to-coast freeway system nolonger motivates voters. Two hundredmillion American drivers don't knowthe Trust Fund exists, rendering itdefenseless against raids from specialinterests who know exactly how rich itis, and think they deserve a cut of it.If you're reading this, you are thelast line of defense for good roads inthe United States. Will you speak up indefense of your gas taxes?Visit one of the NMA web sitesfor more motorist information.www.motorists.orgwww.speedtrap.orgwww.roadblock.orgMARCH/APRIL 2002

14NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSYOU DRIVE TOO FAST!!!> AND YOU WILL GET CAUGHT

I prefer to use my: VISA MasterCard ___________________________________Signature______________ ______________ ______________ ______________Credit Card Account Number:15NATIONAL MOTORISTS ASSOCIATION FOUNDATION NEWSMEMBER NONMEMBERPRICE PRICE QTY AMOUNT“Sun’s Up, Lights Off, Thank You” Bumper Stickers .............................................1, $3.00 each .......$4.00 each _________ __________2-5 = $2.00 each$ .......$3.00 each6 and more = $1.00 each .......$2.00 eachNMA T-Shirt (Circle One) S M L XL ................................................$12.00 each .......members only _________ __________NMA Golf Shirt (Circle One) S M L XL .................................................$25.00 each .......members only _________ __________NMA Decal ....................................................................................................................$1.00 each .......members only _________ __________NMA Metal Medallion 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_________ ___________Other ______________________________________________________________________________________ _________ __________Legal Defense Kit Rental available bycalling NMA office at 800/882-2785 oronline at www.motorists.org (members only)• Items For Purchase •___________Expiration DateSubtotalShipping and handling (see chart below)• Please Print Clearly • • Make checks payable to: NMA • • CANADA: Visa or MasterCard ONLY •NMA MEMBER: yes no MEMBER #_______________________NAME ___________________________________________________________________________ADDRESS _______________________________________________________________________ADDRESS _______________________________________________________________________CITY______________________________________ STATE ___________ ZIP _________________DAYTIME PHONE (_______)______________E-MAIL ____________________________________MAIL TO: NMA, 402 West 2nd Street, Waunakee, WI 53597• Order toll free: 1-800-882-2785 • FAX: 1-608-849-8697 • Web Site: www.motorists.orgTotal___________________________________________________________US Shipping & Handling ChargesIf yourmerchandisetotal isPleaseaddUp to $5.00 S/H incl5.01 - 15.00 4.0015.01 - 25.00 5.0025.01 - 35.00 6.0035.01 - 50.00 7.0050.01 - 75.00 8.0075.01 - 100.00 9.00over 100.00 10.00MARCH/APRIL 2002