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Postal Service Says it's Immune from Traffic Laws

PostPosted: Sat Feb 02, 2013 7:44 am
by CLINT-THE-GREAT
A government lawyer’s attempt to get dismissed nearly $700 in traffic tickets given to the U.S. Postal Service is being met with a hearty and humorous, Heck no.
In a Jan. 22 letter sent to both the city of East Cleveland, Ohio, and the company that operates the city's photo-enforcement program, Postal Service attorney Jennifer S. Breslin says two school-zone speeding citations and five red-light infractions by postal trucks in December should be ignored.“In providing mail service across the country, the Postal Service attempts to work within local and state laws and regulations, when feasible,” wrote Breslin, after reminding “To Whom It May Concern” that postal workers promptly deliver over 200 billion pieces of mail annually.“However, as you are probably aware, the Postal Service enjoys federal immunity from state and local regulation,” she continued.

That last bit did not go over well with American Traffic Solutions (ATS), the Arizona-based company that enforces East Cleveland’s camera citations.
“By attempting to hide behind an immunity claim, you are aiding and abetting your drivers in their blatant disregard for the traffic laws in East Cleveland, which have endangered other drivers, pedestrians and school children,” ATS attorney George Hittner wrote in his three-page response to Breslin, who received it on Thursday. (He also cc'd the postmaster general, two U.S. representatives and two senators.) Hittner cited the Postal Service’s own safety manual and case law to point out that postal truck drivers should and have been held accountable. He also gave a few examples where the driving habits of carriers resulted in well-publicized legal consequences.

“My last and favorite example is of the USPS truck driver delivering mail while naked,” Hittner wrote. “He was arrested for lewd and lascivious behavior.”
He added, more sternly: “We suggest that you transfer the liability for the infractions to the USPS drivers who incurred them, and instruct them that pursuant to Ohio law, as well as the USPS guidelines, the infractions are their responsibility. If you choose to ignore the infractions, penalties and fines will continue to accumulate.”

He then offered a revision of the post office creed:
“Neither snow, nor rain, nor heat, nor gloom of night, nor traffic lights stays these couriers from the swift completion of their appointed rounds


http://news.yahoo.com/blogs/lookout/usp ... 44476.html

-The Great

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Sat Feb 02, 2013 11:38 am
by blackrabbit
That last bit did not go over well with American Traffic Solutions (ATS), the Arizona-based company that enforces East Cleveland’s camera citations.


That's the biggest problem right there. A private for profit company enforcing the traffic laws of a far away city.

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Sat Feb 02, 2013 12:20 pm
by Neckro
Arent those camera unconstitutional?

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Sun Feb 03, 2013 9:01 am
by IdahoCopper
Those tickets are really easy to beat. I beat one in a small town, near Seattle. They have no way to know who was driving the car. So instead of filing the "snitch form" they send to you that asks for the actual driver's name, you file:

DECLARATION

Pursuant to:
RCW 46.63.075 (2) - Safety camera infractions — Presumption.
(2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.
[2011 c 375 § 7; 2010 c 249 § 7; 2005 c 167 § 3; 2004 c 231 § 3.]

I declare under penalty of perjury under the laws of the State of Washington that the information provided in this declaration is true and correct to the best of my knowledge.

I received the Notice of Infraction as listed herein below:

Notice of Infraction Number: 0xxxxxxxxxxxxxxxxx
Vehicle License Plate Number: IDAHO: xxxxxxxx

At the time of the occurrence indicated in the Notice of Infraction, the vehicle involved was, at that time, in control of some person other than the registered owner.

___________________________ _____________
Your Name Date

123 Your Street, Apt #
Your Town, YourState
Tel: 208-555-1212


I know or have satisfactory evidence that Your Name, is the said individual who appeared before me, and acknowledged it be his free and voluntary act for the use and purposes mentioned in this instrument.

Date:_______________ ___________________________
Notary Public In and For the State of YourState
Residing in: _____________________
My commission Expires: ____________


Mailed via Certified Mail #xxxx xxxx xxxx xxxx xxxx to:

WeScrewYou Municipal Court
123 Slavemaster Rd.
Purgatory, XX xxxxx



Don't worry about committing perjury, the cops do it all the time. The cop who "reviewed" the pics in my case committed perjury when he filed the infraction with the court, because it was obvious my car was past the line before the light turned red. They cannot prove anything. The cameras are sucker-traps. Don't be a sucker.

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Sun Feb 03, 2013 3:59 pm
by John_doe
blackrabbit wrote:
That last bit did not go over well with American Traffic Solutions (ATS), the Arizona-based company that enforces East Cleveland’s camera citations.


That's the biggest problem right there. A private for profit company enforcing the traffic laws of a far away city.




Could not agree more. They do not have the legal authority to enforce this. The problem here is corrupt politicians, this problem should not even be discussed. The citizens should be equally as outraged, if not more. Total waste of tax payers money, so a politician can get his pocket lined by a private company.



I pulled this quote from the Wikipedia definition of fascism:

"13] It promotes regulated private enterprise and private property contingent whenever beneficial to the nation and state enterprise and state property whenever necessary to protect its interests.[13]"

The scary part is that this applies to almost every single branch of government at this point.

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Mon Feb 04, 2013 3:32 am
by frugalcanuck
A good story i heard first hand was from a small Canadian tow that had private companies enforcing and delivering speeding tickets.
The guy, like everyone else in the town was pissed off for getting tickets for going barely over the speed limit. So one day the guy was driving just over the limit again and went past the speed trap van and pulled over to give the operator a pice of their mind. What he found was an operator asleep on the job. So this guy thinks quick and takes the plates off the speed trap van and puts them on his car. Then he speeds back and forth infront of the speed trap. I don't know the end results but thought the guy had a pretty good idea.

Re: Postal Service Says it's Immune from Traffic Laws

PostPosted: Fri Feb 08, 2013 10:43 pm
by Sheikh_yer_Bu'Tay
I am okay with the Postal Service declaring they are immune from local traffic laws. For 11 years I have been claiming immunity from Postal regulations saying I can't park within ten feet of a mail box! F' em!