Driving Freedoms Vol. 23 • Issue 1 A Special Edition Winter 2012 Looking Back at 30 Years

of Defending Drivers’ Rights

PERMIT #2860 PERMIT

MADISON, WI MADISON, ADDRESS SERVICE REQUESTED SERVICE ADDRESS

US POSTAGE PAID POSTAGE US

Waunakee, WI 53597 WI Waunakee,

ORGANIZATION

402 W. 2nd St. 2nd W. 402

NON-PROFIT NMA Foundation NMA Winter 2012 Driving Freedoms 

Driving Thirty Years Down, Freedoms Many More to Go

Volume 23 • Issue 1 by James J. Baxter

Foreword we needed help the most. continuation of the NMSL at the The NMA was founded as the feet of auto enthusiasts who had Yes, the National Motorists Citizens Coalition For Rational failed (up until then) to challenge Association is celebrating its 30th Traffic Laws, or CCRTL. (Just try the law in an organized manner. year of protecting and enhancing the to say that ten times fast in a radio He further pointed out that several rights and interests of motorists. interview!) The organization was repeal bills were languishing in I’m devoting this issue of created for the express purpose Congress for lack of motorist Driving Freedoms to a look of repealing the 55 mph National support. back at the changes and trends, big Maximum Speed Limit (NMSL). Another early “outlier” was and small, that have shaped the At the time, the NMSL had provided by an economics professor NMA and, to varying degrees, our been officially in existence for from the University of California, driving environment. Some of these eight years, and it was an unmiti- Charles Lave. Dr. Lave prepared changes and trends have benefited gated disaster, but very few in the scholarly research reports and our cherished freedom to travel how, media or the government would articles for popular periodicals that when, and where we please, while admit that fact. argued against the accepted mantra others have threatened it. that higher speed limits caused This is both a celebration of The Outliers increased numbers of accidents and our past and a window into future that driving slowly was a public challenges. In 1978 John Tomerlin, writing good. Along the way, I will be for Road & Track, the automotive One of his more notable claims highlighting some, but not all, of the magazine, penned a thoughtful was that the 55 mph NMSL was events and personalities that have rebuke of the 55 mph speed limit wasting a billion man-years of time become an important part of the that verified the intuitions of annually, the rough equivalent of NMA’s history. My focus will be on driving enthusiasts. It was ignored losing 1500 lives a year. the unsung or little known people by elected officials. Still, John’s who quietly advanced our cause, article provided a starting point to The Issue provided support, and helped when question the validity of the claims of made in support of the National Organizational Support Copyright © 2012 by NMA Foundation. Speed Limit. All rights reserved. When public opinion began to Organizational support for Driving Freedoms (permit # 0716556-KWP) is the official publication of the NMA Foundation, Inc. Driving change and the pro-55 advocates repealing the NMSL was thin, at Freedoms is published quarterly by the NMA Foundation, Inc., 402 W. 2nd St., Waunakee, WI 53597. (608/849-6000) became more strident in their best. Email: [email protected] Web site: www.motorists.org. defense of the law, John followed An early supporter, one Nonprofit bulk permit paid Madison, WI. Annual membership in the National Motorists Association includes a subscription to up with another Road & Track that endorsed our fledgling Driving Freedoms. article that further challenged the organization, was the American Editorial Staff validity and claims of the Luddites Motorcyclist Association. A full- Managing Editor...... Gary Biller who epitomized the “slow is safe” page article in the AMA magazine Writer...... James J. Baxter mentality. was our first real exposure to a Editor...... Aaron Quinn Tony Swan, then working for national audience. Editor...... John Bowman Editor-at-Large...... Bill Jordan Motor Trend, wrote an article in 1982 that laid the blame for the (Continued next page) Winter 2012 Driving Freedoms 

Thirty Years Down, Many More to Go (continued) While all the auto manufac- turers avoided any mention of our AMA Provides National Recognition repeal campaign, the “Big Three” for CCRTL – April 1982 (and, in particular, General Motors) remained proponents of The American Motorcyclist Association issued this national release shortly after the 55 mph speed limit until the the founding of the CCRTL: law was dead and buried. Jim Baxter of Dane, Wisconsin, a A few auto enthusiast clubs, long-time AMA member, dirt-and-road and the editors of their periodicals, rider and lobbyist for the Wisconsin Dealers aligned with us and publicized Association, has taken on a new and formi- our efforts. Yale Rachlan (BMW dable task: repeal of the federally-mandated Roundel), Frank Barret (Editor of 55-mph speed limit. the “Star” for Mercedes Benz), Baxter formed an organization just Rob Rassa (legislative liaison for for this purpose, the Citizens’ Coalition for The Porsche Club of America), and Rational Traffic Laws, or CCRTL. Since Tim Winker (Publisher of the Saab January of this year, CCRTL has stirred Club’s “NINES” magazine) were the proverbial hornets’ nest! In less than a Jim with his 1931 Plymouth Coupe. some of our earliest supporters. month after its inception, CCRTL had been (Note: Photo not with original release) Most federal and state mentioned by more than 70 newspapers and transportation agencies celebrated several television and radio stations. and promoted the 55 mph speed But Baxter is not an off-the-wall fanatic who becomes involved in causes simply for limit as if it was the greatest the attention or ego gratification. He is a skilled lobbyist and practitioner of the possible, public policy achievement since with no interest in spending time, effort and money on lost causes. the establishment of the Interstate The Citizens’ Coalition for Rational Traffic Laws is taking neither a strident nor Highway System. But there were circumvential position. In other words, the group is not advocating the deportation of subversives within their ranks who Department of Transportation personnel, nor is it stooping to the backdoor approach of recognized a fraud when they saw reduced speeding fines or adopting “energy wasting” fines such as those being imposed in one, including Ray Barnhart, then some western states. What CCRTL is advocating is this: the head of the Federal Highway ► Complete repeal of the nation’s maximum 55-mph speed limit Administration. ► Returning regulation of speed limits to the states The one name that will always ► Setting new speed limits based on highway design, traffic volume, and remain prominent in my mind is the quality of road maintenance Davey Warren, a mid-level federal If successful, these accomplishments would result in higher limits on most of our civil-servant engineer involved in divided and limited-access highways and a range of new limits – some higher, some speed limit research. lower – on the remainder of our rural highway system. Simply, speed limits would not Davey was 100 percent in our be arbitrary, but rather would be based on the characteristics of each individual roadway. camp, but given the source of his Now who could argue with that? paycheck, he had to maintain a To realize this objective, CCRTL must become a strong, viable organization – and that very low profile when it came to means building membership rolls and financial resources. Jim Baxter is pinning many of his befriending our organization. Even hopes on the motorcycling community (over 80 percent of polled AMA members said they though we were often belittled and supported repeal of “mandatory 55”), and he’s depending on the riders and the organizations marginalized for our positions, we that represent these riders to get behind CCRTL and actively support its efforts. knew the science was on our side, For 15 years, Baxter has worked to establish off-road riding areas, fought helmet laws, and Davey always made sure we supporting rider education and safety programs, and concentrated on issues important to had the most recent science on the motorcyclists. The mandatory 55-mph speed limit is certainly such an issue, and CCRTL subject of speed limits. and Jim Baxter would like your support. (Continued next page)  Driving Freedoms Winter 2012

Our Earliest Members criminal enterprises that propagate lopes, reply envelopes, letters, reply ticket cameras?” the answer, and cards, and mailing labels. Mary Our earliest active members single reason it took 22 years to and her mother would assemble were an eclectic collection of rid the country of the National the mailing packages, and sort and hardy souls with thick skins and Maximum Speed Limit, was and is bundle them for bulk mail postage, fire in their bellies. Many are still the apathy of American motorists. ready to be picked up the following active members. They ranged from day by our rural postman. teenagers to retirees and everything Never Mind That This was not a sustainable in between. Apathy Thing operation, but it got us going in the Among them were Will Fox, right direction. an 18-year-old student who became We did get some traction, Eventually, with borrowed our first Pennsylvania State starting in 1983, when we discov- money (with great thanks to Chapter Coordinator; Gif Nickol, ered the power of direct mail. Anatoly Arutunoff), we started Jerry Nowlin, and Chuck Terlizzi Starting out with one to two doing larger mailings, our largest (all Maryland activists); and Andy hundred letters at a time, we being 210,000 pieces. (Had to hock Gregory from Albany, New York. found we could generate enough the house for that one.) In a three- Hoover Lide, a retired Virginia money from new members to pay year time span, our membership civil servant and former state for the mailings and have money went from 800 to 8,000 and then to trooper was active too, making left over. Soon we worked up to a 15,000. sure that we knew the correct name thousand letters at a time, mostly for the Civil War was the “War of sent to AMA members or AutoWeek The Pro-NMSL Study Northern Aggression.” subscribers. That Backfired Another early stalwart, Henry At first, this was all done Stowe, probably not much older in-house. My assistant and sole In this same time frame, we than Will, subsequently became employee, Mary Coons, took home were locked in a battle with the an activist in Texas, Connecticut, all the components each night for a National Research Council (NRC), and Florida as he moved about the thousand letters, including enve- over the intent and purpose of a country. Congressionally-mandated study of the 55 mph The Constant Struggle NMSL. The intention of the Congressional proponents of One constant and a peren- the study was to create yet nial fact of life that has proven another pro-55 propaganda true from day one to day 10,957 piece that would justify (roughly 30 years) is that the putting more heat on the states driving public has not stood in line to enforce the law. to join and support the National We countered with an Motorists Association or any of its argument that if this was to earlier iterations, e.g., the CCRTL. be a legitimate study it should That first year, only 300 of the include the costs as well as country’s almost one hundred and the supposed benefits derived fifty million drivers signed on as from this law. members. Fortunately, I had a “day In the end, we largely won job” that kept the lights turned on. this argument, even though the If anyone asks “How did they study was still biased by the ever pass a maxmum 55 mph speed assumption that 55 saved lives limit?” or, “Why does the driving and saved fuel. public tolerate being ripped off Front page of second-ever CCRTL by the use of speed traps or by newsletter, circa June 1982 (Continued next page) Winter 2012 Driving Freedoms 

Thirty Years Down, Many More to Go (continued)

I have often described the NRC’s study of the NMSL as the beginning of the end for the 55 mph speed limit. Despite its original intent, biased assumptions, and face- saving gestures, the NRC 55 study showed that all the glowing claims underpinning the NMSL were, at best, gross exaggerations and often little more than propaganda intended to perpetuate the law.

The Repeal

This started a national debate NMA Billboard on I-90 near Albany, NY (June 1994). The 800 service was an early that ended with a partial repeal of forerunner to the present-day The National Speed Trap Exchange at www.speedtrap.org the 55 mph National Speed Limit in 1987. The repeal took the form of accept the results. zation was effective in the political an amendment to the then six-year I was sitting in the gallery arena, and more importantly that highway bill. the day the vote came down, after there was a need for a permanent The amendment, drafted in the having spent previous days talking drivers rights’ organization, one Senate and championed by Senator to anyone in Congress willing to that would fight for realistic speed Symms from Idaho, would allow listen. All I could do was watch the limits, fair traffic laws, the end of the states to raise speed limits on vote tally, one member at a time. revenue-driven enforcement, and rural interstate highways to 65 mph. The amendment won by a real due process in traffic courts. Representative James Howard few votes, and its passage was all It turned out that I was very of New Jersey was chairman of the but guaranteed. The Conference wrong. House Committee responsible for Committee bill was then passed by Within two years our member- the highway bill (and author of the both houses of Congress and sent to ship was cut in half, and the direct original 55 mph NMSL in 1974). the President for his signature. mail membership campaign that Under no circumstances would President Reagan then vetoed the had been so effective prior to 1987 Rep. Howard allow any amendment Highway bill! Luckily, the veto had was only benefiting the US Postal that would dilute the NMSL. nothing to do with our amendment, Service and local printing shops. When the House-Senate and it was eventually overridden. The burr under everyone’s Conference Committee set to saddle – the absurdly low rural speed resolve the differences between Success Has a Price limit and related enforcement – had the House and Senate legislation, been eliminated and with it the incli- Senator Symms was adamant that The new Highway Bill became nation, or apparent need, to support a the speed limit amendment be law in the spring of 1987. Within drivers’ rights organization. included in the final bill. two years most states had raised He had enough support in the their speed limits to 65 mph, and Everybody Hurts committee to force Rep. Howard to in the wake of this progress, our compromise. The compromise was membership numbers collapsed. This law’s passage not only that the full House would vote on That’s right, collapsed. knocked the wind out of our sails, the amendment and Representative We (I) believed the victory in Howard and Senator Symms would 1987 would prove that our organi- (Continued next page)  Driving Freedoms Winter 2012 it was devastating to the radar settled on “National Motorists the appointed time, but other than detector industry. The 55 mph Association” (NMA), and the name a small band of loyal members, speed limit had a big hand in has served us well over time. maybe a dozen or so, no one else creating a market for radar detec- attended the press conference. tors in the first place so it stood to A Humbling Experience Actually, it was worse than reason that the law’s repeal would that, there was one local TV decimate demand for these devices. One of my more humbling reporter who was present to record That said, we always had a experiences followed our selection my awkward embarrassment of mutually-beneficial relationship of a new organizational name. I having no one to speak to! with the detector industry, and decided that the new name would Representatives from Car and never backed away from the be a great excuse to call a press Driver, Automobile, and AutoWeek, contention that motorists had a conference where we could tout along with the major papers, were right to use radar detectors. And, our success on the speed limit missing in action. As you might as some of you may recall, when legislation and announce our formal expect, this tended to discourage the RADAR (Radio Association expansion into a broader array of my enthusiasm for future press Defending Airwave Rights, Inc.) motorists’ issues. conferences. membership organization was Because southeast Michigan dissolved, we absorbed its members is the home of Car and (Continued next page) into the NMA. Driver, Automobile, and The detector industry has AutoWeek magazines, evolved and changed dramatically along with being the over the ensuing years, but the cradle of the automotive leading companies, most notably industry in the US, it Escort and Valentine, continue to seemed like a good support the NMA through adver- location for our press tising and donations. In exchange conference. we give them 80 mph speed limits NMA members wherever we can. Go figure. were also invited and encouraged to attend A Rebirth the event. Experience had This was also a time when taught me not to we began to branch out into other expect a big turnout motorist-related issues. of members, maybe Our traffic ticket assistance 30 at best. I was efforts became more organized acquainted with and formalized, as first evidenced editors or colum- by the development of our “Legal nists at all of the Defense Kit,” an assemblage of auto magazines, ticket-fighting material that was too and made sure expensive for the average person they, along with to buy. Therefore, we rented it to other media outlets in the region, defendants who were serious about received advance notice of the The organization’s name was simplified challenging their traffic tickets. press conference. by dropping “Coalition” as reflected by And, the moment had come to We packed up, drove the 500 this November 1987 member newsletter. do something about our cumber- miles to Detroit, and reluctantly Three years later, the name was changed some name. forked over the pittance in our to “National Motorists Association” to In May, 1990, after a misfire treasury for hotel meeting facilities. reflect the adoption of a more compre- or two, a collection of activists The moment of truth arrived at hensive agenda of drivers’ rights. Winter 2012 Driving Freedoms 

Thirty Years Down, Many More to Go (continued) Don’t make the assumption The Activist System that there was a clear divide in Enter Gail Morrison the speed limit issue between the This too was a period where Democrats and Republicans. There This story, like others in our system of member-activists wasn’t one. this special issue of Driving became more formalized with the We proved in 1987 that if we Freedoms has been told before, title of State Chapter Coordinator, could get a bill to the floor of both but it deserves retelling. and somewhat later, State Activist. chambers we had the votes to win, Gail Morrison was a devoted A review of the most recent no matter which party was in the NMA member and Activist. Her Driving Freedoms list of majority. It was a small block of work and financial interests caused State Chapter Coordinators and the Democratic leadership that had her to bounce around the country Activists will show the names of stifled our attempts to completely on a frequent basis. Steve Bacs, Jim Thomas, Sheldon repeal the NMSL. Wishnick, Greg Amy, Charles Terlizzi, Ivan Sever, Casey Raskob, Chad Dornsife, Michael Dando, Thomas Frank, Luke Ball, and Henry Stowe, each of whose volunteer service to the NMA can be measured not in years, but rather in decades.

The 1995 Republican Revolution

One of our most enduring obstacles in the US Congress was the Democratic majority that controlled the House of Representatives from our founding in 1982 (and many D. Gail Morrison lobbying South Carolina Governor Carroll Campbell (left) and years previous to that) until 1995. Representative Terry Haskins (center) as NMA State Chapter Coordinator, Sept. 1992 It wasn’t that we didn’t have support among Democratic members The election in 1994 radically No matter where she landed, of Congress, but they were never changed the leadership composition she immediately became embroiled in leadership positions in the key of Congress. This was our window in motorists issues, and soon signed committees, those dealing with of opportunity to completely repeal up to be an Activist in her new driver and highway legislation. not only the 55 mph speed limit, state of residence. In 1995, she was Most notably, as previously but also the entire concept of feder- living in South Carolina and was mentioned, the Democratic chairman ally-dictated speed limits. just coming off a battle in a North of the principal House Committee, We set aside minor concerns, Carolina Court over a speeding Rep. James Howard from New like not having any money, and laid ticket, a fight she won. Jersey, responsible for dealing with siege on Congress. I called Gail and asked her if she the 55 mph NMSL, had been the A quick trip to Washington, was interested in going to DC to help author and primary proponent of the DC concluded with the hiring of lobby for the passage of an NMSL original law in 1974. a lobbyist who knew the system, repeal bill. We couldn’t pay much. This all changed in 1995 when but admittedly one who would not We couldn’t pay housing expenses, Republicans gained control of the sacrifice his wife and children on House and the Senate. behalf of our cause. (Continued next page)  Driving Freedoms Winter 2012

and I couldn’t be sure of how long speed limit, but he had never before The safety establishment made our money would hold out. been in a position to do anything a last ditch effort for a presidential Within days she had rented about it. veto, but I don’t believe President a truck, loaded up all her earthly Gail regularly plied his staff with Clinton ever had any interest in possessions, let her husband know cookies, and they were on board. The vetoing this legislation. where she was going, and headed problem was the Chairman of the In my humble opinion, the only north. Of course the truck broke overall Transportation Committee, significant public policy initiative down on route, but she got to Bud Shuster, from Pennsylvania. passed during the Republican Washington, stayed with relatives Rep. Shuster was a long-term “pol” Revolution of 1995 – one with a until she found an apartment (two who read the tea leaves and decided lasting and positive influence – was blocks from the Capitol!) and began it might be better to side with the repeal of the 55 mph NMSL. her career as a lobbyist. NHTSA and the insurance industry. But, I guess you had to be Gail was 60 years old at the time. So, we didn’t have a clear path there. in the House. Important footnotes to this Learning the Ropes Over in the Senate, there campaign: The Owner Operator was such disarray it was hard to Independent Drivers Association A principal responsibility of determine where to start. Gail went (OOIDA) came to our financial the contract lobbyist we hired was from Senate office to Senate office rescue and helped fund Gail’s to teach Gail the ropes: protocol, trying to find a Senator who would lobbying activities. navigating the many buildings and sponsor a simple one-sentence bill Senator Faircloth, who died this passageways, understanding the that would repeal the NMSL. past year, lost his re-election bid to role of Congressional staffers, and She hit pay dirt with freshman John Edwards, a much more hand- determining who the real power Senator Lauch Faircloth, a former some and charismatic candidate brokers were. auto dealer from North Carolina, a than Mr. Faircloth, who was then She had one advantage in that state where Gail had 300 relatives. characterized as a “pig farmer.” Congress was in chaos because the Senator Faircloth and his chief There is a message here. Republicans had been out of power of staff were enthusiastic about for so long, they were ill-prepared repealing 55 and they authorized After the Full Repeal to actually manage the institutions the drafting of an amendment to the they now controlled. highway funding bill that was being After the full repeal of the It wasn’t long before Gail had debated in the Senate. NMSL, there was a huge amount a handle on the program. She could Eventually, the amended of hand wringing and wailing jockey around the Capitol corridors bill was accepted by the House from the bureaucratic and insur- like an old pro, knew many staffers and Senate was sent to President ance industry-funded safety by their first names, and had made Clinton for his signature. establishments. friends with an eclectic group of Despite the warnings of blood legislators. flowing inches deep down the She also practiced the fine art Interstates, the states began to raise of the bribe. their speed limits, the most notable She didn’t use money, being Montana which reverted to instead she baked cookies for the reasonable and prudent maximum often under-appreciated staff in speed limits. Congressional offices. As a result, the national fatality The head of the House subcom- rate went ─ wait for it ─ down. mittee responsible for NMSL And, it has continued to go down legislation was Rep. Petri, from every year since then. Wisconsin. Rep. Petri had long advocated the repeal of the 55 mph (Continued next page) Winter 2012 Driving Freedoms 

Thirty Years Down, Many More to Go (continued)

One of three “10 Best” Car and Driver citations received by Jim Baxter and the CCRTL / NMA over the years.

campaign to repeal the NMSL, we a profit in 30 years, but it is a stan- And the NMA? were prepared for the collective dard “C” corporation and donations yawn that would acknowledge and dues are not tax deductible.) As far back as the mid 1980’s, our victory. But, instead of our Again, another member came we had started a process of engaging membership numbers taking a to our aid and took on the heavy in a wider range of motorist issues. drubbing like they did in 1987, they lifting to establish the NMA Therefore, the end of 55 was just held steady. Foundation. the winning of one battle, but not Jim Phend had long been our the war. The NMA Foundation Indiana Activist and a generous Speed traps, road blocks, Gets Its Start supporter of the NMA. Jim had kangaroo courts, and ticket cameras retired from the IRS (you have to were growing in number and In the latter half of the 1990’s, take your friends where you find leading the way to a cornucopia of we decided that establishing a them!) and had an understanding of laws, regulations, and schemes to formal tax-exempt, non-profit that agency’s Byzantine workings. control, manipulate, and exploit the foundation would be advantageous He also signed up for classes traveling public. in that donors could make tax- and gathered a wealth of informa- At least after the successful deductible contributions for NMA conclusion of our 13 year projects. (The NMA has never made (Continued next page) 10 Driving Freedoms Winter 2012

tion on forming, funding, and program, the constant drum beat managing non-profit foundations. of publicity eventually forced the Through his past acquaintances Wisconsin state insurance commis- in the tax-collecting world, he sioner to open an investigation connected us with an agency that concluded we were selling professional who guided us through insurance. the application process to establish We fought the ruling in the a tax exempt 501 (c)(3) foundation. agency hearing process, appealed to Thanks to Jim’s persistent hard circuit and then the appellate court. work, the NMA Foundation was up Finally, the State Supreme Court and running in 1999. put us out of our misery by refusing to hear the case. Experiments Gone Wild To this day, I believe the state statute definition of “insurance” did Some of our not-so-successful not include pre-paid traffic tickets, “Post 55” initiatives included but ruling in our favor would three different attempts to launch have created untold havoc for the emergency road service programs, Insurance Commission, so the à la the AAA, each of which was a Wisconsin courts ruled against us. disaster in its own right. The irony of this entire fiasco Then there were affinity charge is that there was actually very little solidarity dissolved when it came to card programs, the NMA Award interest on the part of our members red-light violations. for the Advancement of Highway to purchase the product, no matter Our members, along with the Robbery, Motorists Guide to State what it was called. general driving population, do and Provincial Traffic Laws, It seems failures are burned not condone running red lights. advanced driver education classes, into our memories and magnified as Consequently, the usual animosity and defensive-driving home study time goes on, while successes are toward photo enforcement courses. taken for granted and discounted programs was far from unanimous. But none of these equaled the as expected outcomes, or largely Yet, the ticket-camera advocates Pre-Paid Traffic Ticket Program forgotten. were proclaiming rampant numbers when it came to creating havoc and We have had successes since of violations everywhere the turmoil. 1995 that should not be taken for cameras were installed. When we announced the Pre- granted or forgotten. Think about that a moment. Paid Traffic Ticket Program to our There’s almost universal agree- members, the wires all but melted on Red-Light Cameras: ment that running red lights is our phone lines. The incoming calls An Invented Solution wrong, dangerous, irresponsible, were not from our members, but Looking for a Problem and simply unacceptable. Yet, the rather a relentless stream of media camera-enforced intersections contacts, all wanting to know about In the late 1990’s, red-light were showing huge numbers of our ticket “insurance” program. cameras (RLCs) were getting a violations. That just didn’t make The audacity and apparent foothold in the Eastern states and, sense. anti-government impression of the oddly, in Arizona. This, initially, It was then that I received a program lit a real fire under the was a tough issue to wrestle with. call from Gene Quinn. It was Gene media minions who had steadfastly Our members, and driving who discovered the reason for this ignored every press release on enthusiasts in general, are unified perplexing contradiction. motorist issues we had previously in their opposition to the use of At the time (1999-2000), Gene, distributed. cameras, or other automated enforce- a professional civil engineer, took Despite our constant refrain ment devices, when it comes to that this was not an insurance speed enforcement. However, this (Continued next page) Winter 2012 Driving Freedoms 11

Thirty Years Down, Many More to Go (continued) an interest in a fatal intersection of most red-light running and time, typically a second or two. accident that occurred near his related accidents. He visited other That second or two was subtracted home in Northern Virginia. intersections in Northern Virginia from the yellow light, resulting in Ultimately, Gene determined that were equipped with red-light shortened yellow-light intervals. that the underlying cause of the ticket cameras, and found that all of That cause aside, the yellow- accident was that the yellow-light them had inadequate yellow-light light duration in many jurisdictions duration was too short and drivers durations, hence the high rate of was (and is) an arbitrary decision did not have adequate time and violations. that never had a legitimate basis. distance to stop before the light He also discovered one of the Thanks to Gene’s discovery and turned red. leading causes of short yellow subsequent badgering of Virginia Meanwhile, opposing traffic lights. authorities, a few intersections were and pedestrians entered from the tested with increased yellow lights cross roads immediately after the The Short Yellow Light intervals, just a second or second light turned green, putting them and a half longer, and the red-light in the path of vehicles that were In the 1970’s, the traffic running violations plummeted – in unable to stop when the light turned engineering community adopted the some locations in excess of 90 red. “all red” concept. That is where percent. Gene made other discoveries all entries to the intersection have Now we knew the real reasons that clarified the real cause a red light for a brief period of for the disconnect between driver attitudes and driver actions: bad design, bad maintenance, and bad operation of traffic-signal systems.

Lessons Relearned

In its own way, this reflects the same lessons we have learned about speed limits. If speed limits are properly set, using known traffic-engineering principles, there will be good compliance and improved safety. Of course, there is an over- riding problem that prevents application of this knowledge. Properly operated traffic signals and properly established speed limits do not generate ticket revenue, nor do they appease those with a command-and-control mentality. And so the battle continues, but it is a battle we will win. Time, science, and ethics are on our side. One of the NMA’s most important missions throughout the years has been to inform and educate the driving public. A primary example: When the short yellow light problem was identified, the NMA developed this free- (Continued next page) access website (www.shortyellowlights.com) as a comprehensive resource. 12 Driving Freedoms Winter 2012

Guerillas in the Midst

It remains true that few drivers seriously contest traffic tickets. But those who do are no longer left wandering in the dark not knowing how to defend themselves. We have accumulated a wealth of information and experience over these 30 years and have compiled it into our recently-created e-book, A consistent tenet of the NMA over the years has been “Fight That Ticket!.” a simple one: defend yourself against every traffic ticket. Until more In addition, we maintain state- motorists avail themselves of their due process rights, traffic courts across the specific files of ticket-fighting land will continue to pass dubious judgments with impunity. information and strategies, along When traffic laws are written, enforced, and judged fairly, we have with a running collection of impor- no complaints. But in a daily landscape rife with speed traps, purposely tant court cases, changes in the law, short yellow lights, photo enforcement run amok, and serious challenges and newly-successful strategies. And to motorists’ Fourth Amendment rights against unreasonable search and our web site contains a directory of seizure, the advocacy role of the NMA has never been needed more. some of the best and most active The most important component in that battle for equity is the actions of traffic ticket attorneys in the country. NMA members and the driving public. That is why, over the years, we have Ticket-fighting assistance has provided open access to a broad range of information on these very topics, been one of most enduring member and financial assistance in key legal battles. benefits. Our Traffic Justice Program The NMA’s “Fight That Ticket!” e-book was launched in October 2010. and the NMA Foundation’s Legal Aid Thousands of copies have been downloaded in the subsequent year, signal- Grants provide real financial support ling a thirst for knowledge of how to defend oneself against a traffic ticket. for using the courts to get justice for As we assembled this special edition of Driving Freedoms, it motorists. was fascinating to comb through the NMA newsletter and photo archives for images to complement Jim Baxter’s narrative that takes us back to Back to Our the founding days of the organization and brings us forward to present Founding Issue (and future) times. It wasn’t surprising to verify through that process that the NMA has never wavered from urging its members to “Fight Every Our founding issue ─ the Ticket”(re: the Nov/Dec 1988 newsletter editorial pictured below left) or establishment of fair and rational from providing the knowledge and the tools to do just that. The cover of speed limits ─ has fostered a surge in the June 1996 NMA News (above) touting the Guerilla Ticket Fighter “self- national support in recent years. help” audio tape could just as well be published today; we welcome each To be sure, most roadways have new supporting member subpar speed limits that 95 percent with that same invaluable of the drivers ignore. But little by information via an audio CD little, we are creating a recognition in their membership packet. that speed limits that accommodate Fight with us for the vast majority of motorists are the rational traffic laws, fair right way to go. enforcement practices, and When the NMA can stand traffic court decisions based shoulder-to-shoulder with an organi- on justice, not profit; stand zation like the Michigan State Police up for your (and everyone’s) and support the same speed limit rights by contesting every ticket you possibly can. (Continued next page) Winter 2012 Driving Freedoms 13

Thirty Years Down, Many More to Go (continued) reform, you know we’re making Turn On Red has worked remark- frequency identification (RFID) progress. ably well for expediting travel, equipped license plates and drivers When Texas and Utah can reducing accidents, and saving licenses, universal tolling/taxation institute 80 mph (and higher) speed billions of gallons of fuel. That on all major roads, automated limits, you know we’re making most drivers do not come to a enforcement of various types of progress. complete stop at the stop bar moving violations, and universal When Ohio raises its inter- before executing the turn has never surveillance and monitoring of all state speed limit to 70 mph and been a problem, and police officers travel corridors are on the not-too- eliminated “split limits,” that is real seldom issue citations for this distant horizon. progress. technical violation. The technological capabilities These examples just scratch With the introduction of are largely already in place. The the surface of the positive changes red-light cameras, this violation only restraints are political. we’ve been part of these past three is now readily enforceable and is This means the general public decades. Have there been setbacks the biggest money maker for many must be informed, educated, and losses? You bet there have, but ticket-camera programs and the organized, and motivated to it’s never over until it’s over. communities that employ them. oppose the application of these Just consider: Unlike 1973 And, this barely scratches the technologies designed to exploit, and 1974 when President Nixon potential of camera-enforced speed manipulate, harass, extort, or profit and a Democratic Congress had limits for burdening motorists from the motoring public. Those the idiotic idea for a national speed with citations for minor technical are the challenges for the NMA of limit, the continued push by some violations that have no meaningful the future. groups to go back to mandated 55 safety implications. mph speed limits hasn’t progressed New Leaders an inch, regardless of how high gas Surveillance and prices have gotten. That is because Monitoring Technology For there to be a NMA of the the NMA and “fellow travelers” future, there must be a constant were in place and outspoken with The explosion in sophisticated replenishment of leadership. That our documented and well-reasoned monitoring and surveillance process is well underway. opposition. technology will continue its rush Beginning this January the to permeate every nook and cranny NMA will have a new President, What About the of our lives. The trend toward Gary Biller, who has been building Next 30 Years? combining government power with for this role in his position of corporate financial motivation is Executive Director. In the past, local, state, and an irresistible temptation for the Gary will be supported federal governments could pass all political class. by our new Communications manner of silly and ill-conceived Surveillance and monitoring Director John Bowman, Office laws, and yet the driving public will evolve into actual control. It’s Administrator Kelly Acker, and could largely disregard them not a pretty picture for those of us Marketing and Web Manager with little fear of severe negative who cherish individual freedom, Aaron Quinn. consequences. personal discretion, and being left Luke Ball, our Texas Activist If there was not compliance alone. and Dr. Eric Berg, a longtime with a given law, it was considered This Orwellian future is not supporter of the NMA based in largely irrelevant. Why? Because inevitable, but it will show its ugly Tennessee, will serve with Gary it was physically and technically potential on our roads and in our Biller on the new NMA Board. impossible to enforce an unpopular vehicles before it heads for our Backstopping this administra- or stupid law. Unfortunately, those work places and homes. tive team is an all-new Board of days are rapidly fading away. Intelligent Transportation A simple example: Right Systems (ITS), GPS tracking, radio (Continued next page) 14 Driving Freedoms Winter 2012

when confronted with the decision to buy groceries, pay utility bills or send $35 to a membership organization, milk and electricity are going to rule the day, as they The current NMA staff. should. From the left: We have tried to do more Gary Biller, with less for years. Recruiting and John Bowman, retaining members is challenging, Aaron Quinn, especially in these tough economic and Kelly Acker times. That said, I have never believed more strongly than I do today that there is a tremendous need for a strong and dynamic National Motorists Association. Directors for the NMA Foundation. What we do, or don’t do, affects The initial Foundation Chair A Couple of Missing virtually hundreds of millions of is Casey Raskob from New York, Names people. who is a NMA institution in his If you are able, there has own right. Vice Chair Jim Thomas You may have noticed that the never been a more important time, is our longtime Activist from name “Jim Baxter” is not included or a greater need for you to step California. Aarne Frobom, from in this roster of new leaders. More up to the plate and support this Michigan, is Secretary, and Steve importantly another name isn’t organization. Donaldson, Florida, is the new included, Nancy Mills. If you have considered making Treasurer. Jim Walker, also from Over the years, many of you a major donation to the NMA, Michigan, will serve as Executive have spoken to Nancy when you now is the time to do it. I want this Director for the NMA Foundation called our office. Mills is actually organization to survive and grow Board. her maiden name, otherwise she is and I hope you do too. known as Nancy Baxter. For these 30 years, and 16 years before that, Nancy has stuck by me, tolerated my eccentricities and supported my dreams. She needs a break.

A Final Comment

These past few years have been difficult to navigate for many families, businesses and organiza- tions like the NMA. A recent news article stated Completing the new board are that 25 percent of nonprofit and Steve Carrellas and Ivan Sever, membership organizations had who have both served the NMA less than one month of operating for decades as State Chapter revenue, and a large percentage of Coordinators, and John Holevoet, the others only had funding to carry one of the best employees the them for a few more months. NMA ever had. This isn’t hard to understand;