Are Speed Cameras Operating Illegally?

HAGERSTOWN, MD- The tan and grey speed-camera boxes along the road are becoming a common site.

But after some speed cameras in Baltimore County were ruled as operating illegally, many started questioning if the ones in our own backyard are legal.

"As the law stands now, we've reviewed it with our attorneys from the beginning and reviewed again when the problems were coming up in Baltimore City just to make sure we were in line with the law and we are," says Chief Mark Holtzman, from the Hagerstown Police Department.

It boils down to who is operating the machines.

"How does it operate here in Hagerstown? We have a fee per-citation system," says Chief Holtzman. "However, the police operate the system. The vendor doesn't operate the system."

If it's the vendor they're not allowed to collect fees on each citation. But if police are in charge of operating the cameras, vendors are allowed to cash in on a fee.

"It's a 61 percent to 39 percent split for the citations that are paid," says Chief Holtzman. "When somebody pays a ticket, 61 percent of that revenue comes to the city and 39 percent goes to the vendor."

The controversy caught the attention of many, including Governor Martin O'Malley who recently said, "State law bars speed camera contractors from being paid based on the number of citations issued or paid." He also said "If a county is charging by volume they need to change their program."

Police say they periodically test the cameras by driving their cars with a radar unit.

"The police department turns the system on in the mornings, checks the cameras, turns them off at night," says Chief Holtzman. "The police department makes the final approvals of every citation that gets mailed out."

City officials emphasize Baltimore's situation is not setting a precedent for Washington County.

Officials say the cameras are calibrated once a year and if they're not, they will automatically shut off.