NYC Class Action Claims Speed Camera Tickets are Invalid

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New York City has been hit with a class action lawsuit alleging the speed cameras it uses to issue tickets violate state law.

Lead plaintiff, Abram Muladzhanov, alleges in his class action lawsuit that the City improperly assesses and collects fines for speeding based on speed cameras; however, the process for issuing violations using the speed cameras violates New York law.

Specifically, the NYC class action lawsuit states that the Notices of Liability sent to residents lack a certificate charging liability, signed to or affirmed by a technician. Muladzhanov alleges that the city is well aware of this requirement.

“Nevertheless, Defendants continue to issue legally insufficient Notices of Liability for alleged Speed Camera Violations without a certificate charging liability, signed to or affirmed by a technician employed by the City of New York,” alleges the NYC class action lawsuit.

The plaintiff says that he is just one of thousands who were issued insufficient notices and paid the fine assessed.

“The City is penalizing its citizens for allegedly violating the same law it chooses to ignore,” said the plaintiff’s attorney in a statement.

According to the NYC class action lawsuit, New York City implemented the automated speed enforcement program in 2013. The program started with 20 school zones throughout the city and then was expanded to 140 school zones.

“Speed Cameras” that use laser technology to capture images of vehicles going more than 10 miles per hour over the speed limit in these zones were installed. These cameras are repositioned and moved at regular intervals, says the plaintiff, and now encompass 875 school zones. If a vehicle is speeding, an image of the license plate is taken and the driver is issued a $50 fine that is mailed to them.

“Images and recorded speeds of offending vehicles are reviewed for accuracy by a New York City Department of Transportation (‘DOT’) technician. If a DOT technician verifies that a Speed Camera Violation occurred, the DOT issues and mails a Notice of Liability to the registered owner of the vehicle,” points out the NYC class action.

New York City fails to include documentation that a technician has reviewed the speed camera footage, however. This documentation is required under New York law, alleges the class action, and failure to include the documentation invalidates the charge and fine.

Nearly 3 million Notices of Liability have been issued using the speed cameras, says the NYC class action lawsuit, and $122,674,189 in fines have been collected from 2014 until 2016. In addition to the fines, those issued a Notice of Liability must also pay fees and/or postage to remit the fine. The plaintiff argues that these Notices and resulting fines are invalid because of the missing certification from a technician.

“At all relevant times, Defendants were aware that Plaintiff’s and Class members’ Notices of Liability for alleged Speed Camera Violations were patently invalid as they did not contain a certificate charging liability, signed to or affirmed by a technician employed by the City of New York,” alleges the NYC class action lawsuit.

The class action lawsuit seeks to recover damages on behalf of all individuals who received a New York City speed camera ticket between August 30, 2013 and the present and paid the mandated fine.

The plaintiff is represented by Israel Klein and Brittany Weiner of Imbesi Law PC.

The New York City Speed Camera Class Action Lawsuit is Abram Muladzhanov v. The City of New York, et al., Case No. 18-cv-00930, in the U.S. District Court for the Eastern District of New York.