75 in a 65, by Loren Witkin

Last month I received my first speeding ticket in nearly 30 years of driving.  My 11 year-old son and I were on our annual pilgrimage to opening day of trout season in Aspendell, California, when I was  stopped for apparently going 65 MPH in a 75 MPH zone outside of Independence (AKA - middle of nowhere) on US 395. For those of you that know US 395, there is not a whole lot of anything out there other than miles of scrub brush and desert.   While I know that I was certainly in the wrong, I was surprised to have been ticketed given that I've done the same drive dozens of times without a police escort, and that the normal flow of traffic is usually 80-90 MPH. When I asked the officer about the change in policing practices, namely, are they being more aggressive given the state's fiscal crisis, he smiled and replied, "we're certainly not getting any more money from Sacramento."

I'm not generally a conspiracy theorist, but the increased enforcement is not just limited to the California Highway Patrol.  Recently, Citadel has witnessed a dramatic uptick in the issuance of Notices of Violations (NOV) and the assessment of fines than that of the recent past.  Where we were accustomed to seeing regulatory agencies issue Notices to Comply (NTC) (basically, a warning), we are now observing the issuance of NOVs in their stead. The penalties, particularly those for NPDES violations, have run into the hundreds of thousands of dollars.  As I recently mentioned to a client who was on the receiving end of a penalty assessment (merely for a reporting oversight), Citadel is currently engaged in more matters concerning regulatory agency fee negotiations or straight out litigation than in any of our past 18 years combined. 

Again, while I'm not a conspiracy theorist, I don't think that this level of increased NTC issuance is coincidental.  So in a time when businesses have less money to spend on anything let alone regulatory compliance, they are asked to be extra vigilant on compliance. Just as I should have been driving 65 MPH for safety, gas efficiency, and because it's the law, now is the time where we need to look at our operations, assess where we are non-compliant, resolve our risks, and strengthen our companies.