Exhibit 3 Communications Officials

Exhibit 3Due Process Violations

Communications With City State and ATS Officials

This exhibit contains letters and other communications with local state and Federal Officials attempting to answer questions I had concerning traffic cameras and traffic lights. After the letters I mention some of the other interesting questions asked and answered in the transcript or in the letters.

The Table of Contents of letters, phone conversations and other relevant information within the transcript is contained in back of this document.

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Exhibit 3Communications With City State and ATS

Officials

Other interesting communications within the transcript or the letters.

This exhibit has a table of contents with titles to all

the correspondences or letters I exchanged with

various officials. Below the contents are the various

letters. See page 6.

The first letter is a letter to ATS asking them who

monitors and certifies their cameras. I also asked

them for maintenance records. Page 2 has the

response from a phone conversation with an ATS

official who told me I could only get this information

with a court subpoena.

I also asked the following questions or requests to

Paul Burton, (Supervisor for the Transportation

Department of the City of Tucson), Michael Hicks

(Transportation Systems Manager of the Traffic

Engineering Division for the City of Tucson) in letters

dated Tuesday August 13, 1013. 1. Please send me

the Traffic Signal Timing Survey/Engineering Report

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or analysis for the City of Tucson or at least for the

traffic signal where I received my citation. 2. How do

I obtain a record of the maintenance for the traffic

signals or the traffic signal where I got my red light

ticket? 3. Where can I find the Federal, State, City or

local law regulations and rules related to procedures

concerning maintenance of traffic signals? 4. Can you

also tell me what Federal, state, city or local

government agency or agencies independently certify

and or monitor your photo radar cameras including

the red light cameras? See exhibit 1, pages 2 and 3.

Michael Hicks did respond to my letter and answered

question 3 but he did not answer the other questions

or provide me with the other documentation I

requested. See exhibit 2 page 5.

On September 8, 2013 in a letter to Michael Hicks I

again asked for the maintenance records for the

traffic lights. In addition I asked 15 questions. I

placed a check mark by the questions I felt he

answered. See exhibit 1 page 6. He answered 5

questions in his letter sent 9/18/13. See exhibit 1

page 8. However most of the questions he did not

answer so I called him at 3:12 on 9/26/13. He stated

before he was on the job, the city gave itself a D+

grade probably because they have limited staff to

maintain the lights. In his prior letter he indicated

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the light at Oracle was not checked for maintenance

in the month of May (the month of my ticket) and he

did not know the date of its last maintenance check

prior to my citation. He also told me he could not get

the information to me prior to my court date. He also

could not give me an estimation of how often the

traffic signals were checked because he is severely

understaffed. He said they are not checked as often

as he would like. He stated his staff should be twice

to three times its present size. See exhibit 1, page 9

and 10.

Michael Hicks did tell me some interesting facts about

the timings of the lights in Tucson. He claimed that

the timings for the green and red lights differ

depending on traffic flow but the yellow light phase

depended on state and Federal guidelines. On page 5

he gave me the yellow and all red times for the lights

at the River and Oracle intersection where I got my

citation. He also claimed in our lengthy phone

conversation in the first paragraph on page 9, if the

timings of the cycling into and out of the green,

yellow and red lights varied more than 1 or 2

hundredths of a second then the traffic lights would

blink either yellow or red and keep blinking until

someone came to fix them.

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Pages 10 and 11 of this exhibit contain the Federal

Guidelines from the U.S Department of Transportation

Federal Highway Department. It compares the

guidelines to what the city of Tucson does and the

city falls far below the guidelines.

Other interesting statements from the Transcript

No one monitors the cameras to see if they are

accurate but the Cameras actually check themselves

every hour if they are a speeding ticket and every 24

hours if they are a red light camera. This was

according to a document provided by the American

Traffic Solutions See page 3 of the transcript

paragraph 7

On page 7 Officer Kates describes the equations he

used to calculate what my stopping distance would be

given a speed of 26 miles per hour.

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Contents of Correspondence With Various Agencies

American Traffic Solutions 1

Response From ATS 2

Letter Paul Burton Transportation Department 3

Correspondence With Michael Hicks 4-10

Letter to Mike Hicks 8/20/13 4

Hicks’s Response Light timings Resources 5

Letter to Mike Hicks 9/8/13 6

?s about various intersections Speed limits, Distance between stop bar and intersections

Yellow light durations left lane turners, Intersection width 7

Hicks’s Response Light timings, maintenance, report card

# of traffic signals 8

Phone Interview With Michael Hicks 9-10

Traffic Signal Operations and Staffing

Federal Guidelines 10A-10B

Note See Exhibits 3A: Who Regulates, Monitors Photo Radar Companies in Arizona and Exhibit 3B: Tucson Federal Traffic Violations. In this section is the phone interview with Michael Hicks on pages 9-10. Compare this with the Federal guidelines on 10A and 10B. These closely related sections contain correspondences with city, state and

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Federal officials.

Page 1 Correspondence With City Officials

Tuesday August 20, 2013

American Traffic Solutions

To Whom It May Concern/Public Records:

Please send me your certification for accuracy for your red light cameras in the city of Tucson. If you are not responsible for this then please direct me to the individual(s) who can fulfill this request. Do you have a certificate for accuracy for each of your cameras? If so, I definitely need the ones for the cameras responsible for monitoring left hand turns occurring from north bound Oracle Road onto west bound River Road.

Here are additional requests and questions I have. Again, if you cannot help, please send me the names of the people who can help me. I will leave an email address and phone where I can be reached.

I need the maintenance records for the Cameras that gave me my ticket especially for the month of May 2013. Can you send an overall summary of the accuracy of your cameras as well?

Can you also tell me what Federal, state, city or local government agency or agencies independently certify and/or monitor your Photo Radar Cameras including the Red Light Cameras?

Thank you! I can be called or texted at the following number 520-349-0794. My email address is [email protected] My address is 3625 W. Gailey Drive Tucson AZ 85741.

Similar requests set to Engineering (Department of Transportation) and Transportation Departments of the City of Tucson.

Sincerely yours,

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mailto:[email protected]

John Jay Underhill


Response From Tom Horak-American Traffic Solutions

At about 8:25 on Wednesday August 28, 2013 Tom Horak from American Traffic Solutions called from 480-596-4835. He provided his email, [email protected] He stated his job is as a go between for the company and the Tucson Police Department.

He told me that normally to obtain Camera timing accuracies and maintenance records I must obtain a subpoena from the court. I told him I thought I could obtain this information through the FOA. He asked me to send him the letter, I sent to the public records at ATS so I sent out the email to him, with a copy of the letter and a few other comments at about 12:40. I include the comments below.

From what I have read and have been told, according to the FOA, I can give a written request for information and the organization I request the information from is given a certain amount of time to honor that request depending on the state. I think you can charge me a reasonable price for copy costs. Please correct me if I am misinformed.

As per our phone conversation at approximately 8;25 August 28, 2013, you stated ATM releases these documents if they are subpoenaed from the company. Am I incorrect in assuming that I can obtain the information through the Freedom of Information Act or does the act only cover certain information and other information can only be subpoenaed?

Anyway I am sending a copy of the letter you requested.

Thank you

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Transportation Department City of Tucson

Dear Supervisor Paul Burton

Mary Lou from Streets and Maintenance 791-3154 indicated that you are the Supervisor for signal timings in the city of Tucson. I have the following requests for you.

Please send me the Traffic Signal Timing Survey/Engineering Report or Analysis for the city of Tucson. If you are not responsible for this then please direct me to the individual(s) who can fulfill this request. Does this report come for all the traffic signals or is one also specific for the signal overseeing the left hand turns from north Oracle to West River Road. Also do you have a certificate for accuracy for each of your red light cameras? If so, I definitely need the ones for the cameras responsible for my citation.


How do I obtain a record of maintenance for traffic signals or the traffic signal where I got my red light ticket?

Where can I find the Federal, State, City or local laws regulations and rules related to procedures concerning maintenance of traffic signal control devices?

Can you also tell me what Federal, state, city or local government agency or agencies independently certify and/or monitor your Photo Radar Cameras including the Red Light Cameras? Also which agencies monitor the traffic signals?

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Thank you! I can be called or texted at the following number 520-349-0794. My email address is [email protected] My address is 3625 W. Gailey Drive Tucson AZ 85741.

CC Mike Engineering Department of Transportation Similar letter to ATS

Sincerely yours,

John Jay Underhill



Engineering Department of Transportation City of Tucson

To Mike on the 3rd Floor

Please send me the Traffic Signal Timing Survey/Engineering Report or Analysis for the city of Tucson. If you are not responsible for this then please direct me to the individual(s) who can fulfill this request. Does this report come for all the traffic signals or is one also specific for the signal overseeing the left hand turns from north Oracle to West River Road. Also do you have a certificate for accuracy for each of your red light cameras? If so, I definitely need the ones for the cameras responsible for my citation.


How do I obtain a record of maintenance for traffic signals or the traffic signal where I got my red light ticket.

Where can I find the Federal, State, City or local laws regulations and rules related to procedures concerning maintenance of traffic signal control devices?

Can you also tell me what Federal, state, city or local government agency or agencies independently certify and/or monitor your Photo Radar Cameras including the Red Light Cameras? Also which agencies monitor the traffic signals?

Thank you! I can be called or texted at the following number 520-349-0794. My email address is [email protected] My address is 3625 W.

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Gailey Drive Tucson AZ 85741.

CC Paul Burton Similar letter sent to ATS.

Sincerely yours,

John Jay Underhill

Page 5 Correspondence With City OfficialsCopy of Mr. Hicks’s Response on City of Tucson letterhead. Original is part of Court Evidence

August 27, 2013

John Jay Underhill3625 W. Gailey DriveTucson, Az 85741

RE: Oracle Road and River Road

Mr. Underhill

This the above intersection operates in a four phase mode with the following sequence and clearance interval.

Movement Amber All Red (sec) (sec)Oracle Road Through 5.0 2.5Oracle Road Left turn 3.5 2.0River Road Through 4.5 2.5River Road Left turn 3.5 2.0

Each phase is followed by the clearance intervals assigned to it prior to the onset of green for the next phase. No specific time can be established for the duration of green for any particular phase since the intersection operates in a traffic actuated mode with green time allocated according to demand.

The department of Transportation does not operate or maintain the photo enforcement cameras at this or any locations in the City of Tucson, for information regarding photo enforcement please contact the Tucson Police Department.

In regarding traffic signal maintenance TDOT follows standard practices. You can find more information in the following publications, 1989 edition of the traffic Signal Installation and Maintenance Manual, 2000 edition of Traffic Control

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Systems Operation-Installation, Management and Maintenance, and the 2009 edition of the Manual on Uniform Traffic Control Devices (MUTCD).

In order to fulfill your request for the maintenance records for the subject intersection, I’ll need a date or a range of dates. If you require further information, please contact me at 791-4259.Sincerely, Michael Hicks Intelligent Transportation Systems ManagerTED #13-057 CC Risk Management Attorney’s OfficeTraffic Engineering Division P.O. Box Tucson AZ 85726-7210Format of letter changed to save space but content on changed.Page 6 Correspondence With City OfficialsResponse to Michael Hicks above letter Including Questions about Various Intersections.

September 8, 2013

Michael HicksTraffic Engineering DivisionP.O. Box 27210Tucson AZ 85726

Dear Mr. Hicks:

Through the Freedom of Information Act, can I get a copy of the maintenance records for the traffic lights at the intersection of Oracle and River? My citation is from the red light camera monitoring left hand turns from north Oracle to west River Road. Can I get the records from the month of May 2013? Here are some further questions. Can you tell me the acceptable timing error for the yellow lights on the traffic signals at the Oracle River intersection? Is the timing error for these lights the same as the other traffic signals in the city of Tucson? There is a group called the National Transportation Operations that releases a National Traffic Signal Report Card? Can you tell me the National grade for 2012? Did the City of Tucson get evaluated for 2012? What was their grade? How many traffic signals are there in the City of Tucson? How often do the traffic signals in Tucson get their timing performance checked? How often do the signals at Oracle and River get their timing performance checked? Are you the traffic engineer supervisor for traffic systems in Tucson? How many operations engineers do you have working under you? How many signals is each of them responsible for? How many traffic engineering technicians do you have working in the city of Tucson? How many traffic signals are each of them responsible for in a given year?

Thank you for your prompt reply for the information regarding the Oracle road/River road intersection traffic light phase timings and info about photo enforcement. I have contacted TPD and ATS for further details.

Sincerely,

John Underhill

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Page 7 Correspondence With City OfficialsPS Can you provide me the information about the following intersections or tell me where I can find this data. Thank you.

Direction of Travel in

The Intersection

Speed

Limit

# of Feet

between

stop bar and

intersection

Yellow Light

Duration for

Left Lane

Turners

Inter

sect

Ion

Width

Road

Grade

Oracle Road N to River W 40 3.5 Seconds

Oracle Road S to River E 45

N and S on Alvernon and 22

22 W to Wilmot S

N Wilmot to 22 E

S Swan to E Grant

N Kolb to Tanque Verde

S Grant to Tanque Verde E

E Valencia to Old Nogales N

W Valencia to Old Nogales S

N Kolb to W Speedway

S Kolb to E Speedway

E Speedway to Kolb S

W Speedway to N Kolb

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Page 8 Correspondence With City OfficialsMichael Hicks responds to the above letterThe format of the letter dated 9/18/2013, was changed but the content of the letter was not. The original letter is part of court evidence. The original letter was printed on City of Tucson letter head.

September 18, 2013

John Jay Underhill3625 W. Gailey DriveTucson, Arizona 85741

RE: Oracle Road and River Road

Mr. Underhill:

There has been no City of Tucson traffic signal related maintenance performed at this intersection for the month of May 2013.

The Department of Transportation does not operate or maintain the photo enforcement cameras at this or any other location in the City of Tucson. For information regarding photo enforcement please contact the Tucson Police Department.

Below is the MMU-16 Series Malfunction Management Unit, Timing Functions for all intersections in the City of Tucson:Clearance FailNo Fault………………………………………………………greater than 2.8 msecFault………………………………………………………………less than 2.6 msecTypical…………………………………………………………...less than 2.7 msec

The traffic signal report card is a self-assessment. We gave ourselves a grade of D+ the last time we used the tool. The City has over 400 traffic signals and hawks. We have two people in the traffic signal section of Traffic Engineering

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along with a number of traffic signal technicians in the Streets and Traffic Maintenance Division.

If your require further information, please contact me at 791-4259.Sincerely Michael Hick’s, TSOS Intelligent Transportation Systems ManagerTED #13-063cc : Risk Management Attorney’s Office Traffic Engineering Division P.O. Box 2710 Tucson, AZ, 85726-7210 Phone number, fax and website also given.

Page 9 Correspondence With City OfficialsPhone Interview With Michael Hicks 9/26/2013 The questions I asked are in response to the two letters I received from him on pages 5 and 8 above.

In his letter dated 9/18 he provided me timing function data that I did not understand so I asked him to put the data in layman’s terms. He told me that specific phase timings for the yellow and red lights occur at each of the traffic signals in the city. If they deviate from their respective phase by more than 1 or 2 hundredths of a second then the lights will flash at the intersection until someone can come and fix them.

In the above letter he stated that the city gave itself a D grade. I asked why they gave themselves that grade? He told me it was done before he was on the job. I did not remember to ask how long he was on the job. He believes that the grade was assigned because they are limited in staff to properly maintain the traffic signals.

I asked when did the light at Oracle and River go through its regular maintenance check for example, timing phases of the lights, especially prior to my citation on May 20, 2012. In the above letter he indicated that the light did not go through any routine maintenance during the month of May when I got my citation. He indicated when he last checked the light was July of this year but he did not know the date it was checked prior to my ticket. I asked if I could get that information prior to my court date and he told me probably not because he would have to actually check the light itself to see when it was last checked.

I asked him if he could give me an estimation of approximately how often the signals were checked in Tucson. He said he could not but he is severely

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understaffed so he does not feel they are checked and maintained as often as he would like.

Page 10 Correspondence With City OfficialsPhone Interview With Michael Hicks 9/26/2013 The questions I asked are in response to the two letters I received from him on pages 5 and 8 above.In the above letter he also indicated that the city of Tucson has over 400 traffic signals and hawks. During our phone conversation he stated, there is 1 person supervised by him and another from another department that help him maintain the proper light timings. He did not indicate how many traffic signal technicians work in the city in the letter. When I asked him directly he stated that they have a shop and they have 4 or 5 technicians responsible for all the lights. This comes out to about 80 lights per technician. He indicated that technicians are not assigned specific lights but they are all responsible for the lights throughout Tucson. He did not specify how many lights a technician should be responsible for during any particular period of time. When I asked him how many people should he have working in a city with this many traffic signals he claimed between 10-15. He is stating that his staff should be somewhere between two and three times its present size.

He also claimed that yellow light phase timings are 3 seconds throughout Tucson but they are 3.5 seconds in intersections monitored by photo enforcement.

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Documents

Exhibit 3 Communications Officials