Insure Yourself Against the “Photo Enforcement” Scam


Written by a CameraFRAUD Volunteer.

Mike Waters, Tempe AZ, January 2010

Have you ever wondered what happens when the CEO of “Great Big Incorporated” gets a “camera flash” while driving his company owned Ferrari too fast?

The answer is that nothing much happens!

As it turns out, the company gets a polite “notice of violation” which asks them to turn in the driver! If they choose not to identify anyone (i.e. their boss!) then the citation just goes away. This is due to an Arizona law which logically says a corporation can never receive a photo citation since the corporation does not drive a car and there is simply no way to identify the driver from a photograph!

In plain English, that means that huge companies such as Wal-Mart, Honeywell, and Wells Fargo never have to worry about the “photo enforcement” scams.

These huge companies never even get a citation like you and I would, much less pay a fine!

Only the “little guy” gets forced to pay!

Well there is a way to let you to take advantage of this legal loophole as well without spending a lot of money setting up a large corporation.  The best part is that the only cost to you is the DMV title transfer fee!

Some years ago a lawyer who was upset at the implications of this scam developed the “Family Transportation Trust” to take advantage of this loophole and give the “little guy” a way to fight back. The type of trust she selected was a “living trust” which is used together with a will to pass your possessions to your heirs without requiring an expensive probate process. Learn more about the various types of trusts and their uses at: http://www.keytlaw.com/ep/wa0709.htm You should know that while there are trusts which can be used to minimize sales or income taxes this kind of “living trust” has no effect on your income or sales taxes.

Like a corporation, a trust is legal “person”, the trust can buy and sell property like your car, and just like a corporation a trust cannot be issued a photo enforcement ticket since the trust doesn’t drive!

You can download the appropriate trust forms and instructions from the CameraFraud.com website: http://files.meetup.com/1275333/Family%20Transportation%20Trust%20PDF%20Forms%21.zip
The forms are free, but donations are always appreciated! If you can’t afford to give cash then why not collect a dozen or so signatures for the petition drive?

There are instructions included within the “zip” file, but you might also want to look at this discussion on the CameraFraud.com website:
http://www.meetup.com/camerafraud/messages/boards/thread/8023048/?a=mp_new_reply_multi_v

This particular trust is structured for current Arizona law, but it can easily be modified to accommodate changes in the law. This use of the “living trust” has proven to be very robust and has been successfully adapted to accommodate a wide variety of laws all over the world.

You set up the trust by filling out the trust forms, “sell” your car to the trust, and formally transfer your vehicle title to the trust at the DMV office and you too are immune. From then on whenever you are selected as the next camera fraud victim you receive only a “Notice of Violation” which may be ignored without penalty!

For maximum flexibility it is suggested that you keep the name “Family Transportation Trust”, and that the only asset in the trust be a single vehicle. You can set up as many trusts as you wish, the only cost is the printing and the title transfer fee!

Naturally you must have your vehicle title in order to transfer it. If the vehicle is financed then the lender keeps the title and the vehicle must be refinanced as part of the sale. Another great time to use the trust is when you buy a vehicle, you can simply have the title transferred directly to the trust. The lender will probably require a personal guarantee of the loan just as if you were personally buying the vehicle, but otherwise the process should be very much the same.

Since the purpose of the trust is “Estate Planning” the “use classification” and “principal driver” for insurance purposes will not change. This means that your insurance should remain exactly the same as it is now.

It appears that many DMV agents are unfamiliar with trusts and don’t know how to handle them.  It is important to remember that the purpose of the trust is for “Estate Planning”, just like preparing a will. The use of the vehicle does not change due to the trust. The vehicle is still used for “personal use” and not “commercial use” for your DMV license tags and other taxes since the actual use of the vehicle has not changed, only the owner has changed. For more on the DMV process, see this discussion on the CameraFraud.com website: http://www.meetup.com/camerafraud/messages/boards/thread/8287092/?a=mp_new_reply_multi_v

The petition to permanently ban the scameras is the only long term solution, but meanwhile you can protect yourself by putting your vehicle into a “Family Transportation Trust”.

As always an “ounce of prevention is worth a pound of cure!” The time to set up the trust is before you are selected as the next victim of the photo enforcement scam – once the scamera flashes, it is too late!

38 Responses to Insure Yourself Against the “Photo Enforcement” Scam

  1. jgunn says:

    Even easier for married couples, register your respective cars in the opposite spouse’s name. Next car the wife gets is getting registered in my name, and vice versa. She gets a ticket for me, send it back with a blown up copy of her DL and say “wasn’t me!”. Same if I get one for her. Course, haven’t gotten a ticket from the scam cams (GPS and radar detector on the ready!), but the scam cams have been known to give tickets even when obeying the law so it is no guarantee.

    • Mike Waters says:

      That works with the current Arizona law, but there are variations which would defeat that tactic.

      As far as I am aware no jurisdiction has successfully defeated the trust tactic.

      The only way to do that would be to actually identify the real driver (not just trick someone into confessing). That is simply beyond the capability of the scam system – despite what you see on TV shows!

  2. photoradarscam says:

    Keep in mind that the trust may not qualify for insurance discounts you probably already receive.

    • Mike Waters says:

      It is always wise to check with your agent, buy Farmers has told us that so long as the “use” and “principal driver” does not change then the discounts will stay the same.

      With a totally clean record for 50 years my wife and I qualify for about every discount there is!

      That still did not stop the scam system from ticketing me when I was unable to drive last year due to cataracts!

      I was lucky – I had an eye doctor’s report that clearly said there was no way I could drive and that cleared me.

      Others have not been able to prove their innocence.

  3. basedonlogic says:

    it seems like it would be easier to just not speed or run a red-light.

    • Steve D says:

      it seems like it would be a lot easier to focus on more serious crimes like murder and robbery, i figured that based on logic….

      • Beau Jangles says:

        They are… That’s why they have the cameras. It frees up an officer to focus on DUI’s, and other criminal offenses.

        • Interesting. So less cops on the freeways now means somehow they are busting people for DUI? How does that work? Are they watching for erratic driving on the video being taken by the cameras and then swooping in to nail someone who is under the influence?

          That’s pretty amazing if that’s true.

          • basedonlogic says:

            who said there were less cops on the freeways? I still see them on the freeway all the time, and there presence does the same thing as the cameras, encourages people to drive safer. i am curious about this groups position on the cameras that monitor most public places. What is the position on that?

            • Mike Waters says:

              The DPS says they have “eliminated” 350 patrol positions.

              Do you have some bette rinformation?

            • photoradarscam says:

              Are you referring to the cameras that AREN’T connected to tracking and identification systems that don’t automatically send tickets out to people regardless of if they were doing anything wrong?

            • photoradarscam says:

              The only way you free up cops to pursue other crimes is to take them off of traffic duty. Otherwise there are the same cops working traffic duty before as there are now (none are freed up) – unless DPS removed officers from the streets, which I DO NOT see as a good thing.

            • Mike Waters says:

              Last night I had the chance to talk to a Police Officer about this. HIS view was that if something nasty “goes down”, it sure is nice to know that there are traffic cops who will come to help if he needs it!
              He retired after 25 years on the Phoenix PD “Violent Crimes against children” unit. I am only glad someone ELSE is dealing with that, his stories make me want to kill the perp.

        • guttersn1pe says:

          The problem is…a lot of DUI’s and other criminal offenses come from routine traffic stops for things like…speeding.

        • SD Anderson says:

          Not according to the real stats they don’t. According to the real stats for 2008, the DPS issued more citations and warnings for non-hazardous violations. DUI’s have been on a steady decline since 2004. They’ve recovered less stolen vehicles in 2008 than any other year since 2004. Drug busts have been consistent between 2006 – 08, but how do they find these offenses to begin with? Do they just look for a car that looks like it might contain drugs or do they pull someone over for speeding and then find other criminal violations like the possession of drugs? You people just don’t get it.

    • Mike Waters says:

      Didn’t help me last year!

      I had to park my car in a locked garage for 6 months, but still got 2 tickets.

      That is when I started to look closely at the camera system.

      The more I look, the more upset I become! FRAUD!

      BTW is Redflex still paying $200 per posting?

  4. Stacey says:

    Want to stop red light runners?

  5. jgunn says:

    Someone was saying above that if you “try” to follow the law you don’t have to worry? All I gotta say is LOL, good luck and let me know how that works out for ya!

    http://www.thenewspaper.com/news/30/3049.asp

    A speed camera in Tacoma, Washington issued tickets to motorists who were driving the correct speed limit in a school zone. Redflex Traffic Systems, the Australian company in charge of the program, installed the automated ticketing machine last month on Pacific Avenue near Stewart Middle School in an area where the speed limit is lowered from 30 MPH to 20 MPH when the school zone warning lights flashed. As the Tacoma News-Tribune reported, the camera issued tickets to vehicles traveling at the legal speed of 30 MPH when the lights were not flashing. Officials admitted the error and claim that they have corrected the problem, but the burden is on vehicle owners who received a ticket for driving the speed limit to take time off work to file a court challenge.

    • photoradarscam says:

      That and more malfunctions at http://PhotoRadarScam.com/malfunctions.php

      More innocent people burdened by a system that DOES NOT WORK.

    • Mike Waters says:

      Not only does it NOT work, it cannot be MADE to work!

      I spent many years in Aviation and Marine safety and what comes to mind ir Richard Feinman’s comment on the Challenger disaster: “Nature cannot be fooled”!

      Non mariners genreally don’t know that every life raft comes with what is known as a “Love Letter”! It is a “Certification” that th eliferaft is ready to use.

      Just imagine, you are a thousand mile from the nearest land, your boat sinks, and you are in your VERY last resort – the liferaft! It has a slow leak, but you have GENUINE certification that it won’t leak! OH WOW!

      FWIW I spent 13 years as captain of a sailboat in the South Pacific. Don’t yell “safety” at me or I will have you FLOGGED! Yes a captain at sea can STILL do that if it affects the safety of the vessel in his/her opinion – legally!

      My safety lecture starts with “Captain Bligh was a nice guy compared to me …”.

  6. Stacey says:

    Hey Mike,

    My sister was a captain on the schooners. She is back on land though finishing her education.

    • Mike Waters says:

      For us it was family concerns. My wife’s brother was dying of cancer.😦

      We still reminisce about those times though. Sigh.

      We do NOT miss fixing the toilets. At sea guess who gets to be the “fixer”😦

      There are many things you can do without, but toilets are WAY up there on the list of “must haves”. If you have ever used “bucket and chuck it” on a boat at sea you know exactly what I mean!

  7. Stacey says:

    At one time, I thought about working as a parker ranger. When I read the description it said something about cleaning toilets. That was the end of that idea for me.

  8. Stacey says:

    Hooray for all the people who are fighting back! This is also taking money from local businesses.

  9. Dr Jett says:

    Let me introduce a website to Camerafraud that contains information about the Constitutional Issues among other legal background that affect our traffic laws and the legal rights of all citizens.
    http://screweddrivers.org
    11. BEYOND THE SCOPE OF SPEED TRAPS p.31
    The issue of arbitrary speed limits for the primary purpose of revenue is only one part of a much
    larger system of government abuse. Examples include red-light cameras with “adjusted” yellowlight
    times, the unconstitutional “fees” charged by DMVs, arbitrary control over drivers licenses
    in defiance of four separate US Supreme Court decisions, etc., etc., all of which are beyond the
    scope of this paper. In fact, arbitrary government power over driving and drivers for the purpose
    of unlawful government revenue has been going on for AT LEAST ONE HUNDRED YEARS as
    corrupt officials in state and local governments have become increasingly greedy to steal more
    and more money from their constituents in violation of their Rights. And because the perpetrators
    of these crimes include public officials in all three branches of these governments, they will
    become increasingly arbitrary and greedy as long as they can get away with it. And because all
    three government branches are corrupt, who is going to stop them? The only effective answer is,
    “We, the People” and, as Dr. Vieira wrote, “Who else is there?”
    The corruption described in this paper extends far beyond speed traps and, staying for the
    moment within the category of traffic “laws”, it includes red-light cameras (particularly those
    with revenue-increasing yellow-light times), which appear to also increase accident rates;
    ! speed CAMERAS, typically nothing more than AUTOMATED speed traps
    ! Red-light CAMERAS, particularly those with “adjusted” yellow-light times
    ! The enforcement of arbitrarily low speed limits to any degree, anywhere
    ! DWI/DUI laws that have no basis in effects of alcohol concentrations.
    ! Etc., etc.

  10. Stacey says:

    Nazi Bastards in Victorville:

  11. Stacey says:

    Here is the link to the Nazi video. That writing is kind of small.

  12. Stacey says:

    Errrrrrrhhhh. So much for just a link.

    • kandaris says:

      Hey RPr, are you interested in helping me put together a “Voter Quick Reference” card that can be handed out containing the names of elected officials who voted for or support Photo Radar? I’d like to get a nice wallet sized one (maybe a trifold credit card sized) researched and designed to help voters remember who the scumbags are in November? Lemme know.😉

  13. Mike Waters says:

    Mike Waters

    mikewatersaz@gmail.com

    I tall comes down to how badly to you want to “live your dream” and sail into fantastic places.

    At their best they are everything you ever dreamed they could be, at their worst think of cleaning toilets.

    The choice is yours!

    Millions of people dream of doing this, about 500 people every year actually DO it! (according to Fr. Polynesia customs)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: