BILL NUMBER: SB 1300 INTRODUCED BILL TEXT INTRODUCED BY Senator Kuehl FEBRUARY 16, 2006 An act to amend, repeal, and add Section 40518 to, and to add and repeal Section 22368 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1300, as introduced, Kuehl Vehicles: Mobile photo radar speed enforcement. (1) Existing law authorizes the equipping, by governmental agencies, in cooperation with law enforcement agencies, of automated enforcement systems, as defined, provides a special procedure in connection with certain alleged violations recorded by an automated enforcement system, and limits the availability of photographic records to the purposes of the law. This bill would authorize the City of Beverly Hills with the oversight of the local law enforcement agency, to establish by ordinance, a pilot project utilizing a mobile photo radar speed enforcement system, as defined, for purposes of enforcing certain speed laws in a residence district or a school zone, as those terms are defined by other provisions of law. The bill would require the City of Beverly Hills, if it establishes the pilot project, to submit to the Legislature, on or before July 1, 2010, a report prepared by an independent qualified contractor on the efficacy of the mobile photo radar speed enforcement system in reducing speeding and improving traffic safety in residential districts and school zones. This bill would provide that its provisions would only remain in effect until January 1, 2011, and as of that date would be repealed. (2) Existing law provides special written, mailed notice to appear procedures in connection with certain alleged violations recorded by an automated enforcement system. This bill would expressly apply the above until January 1, 2012, to certain alleged violations recorded by a mobile photo radar speed enforcement system utilized by the pilot project described in (1). Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 22368 is added to the Vehicle Code, to read: 22368. (a) The City of Beverly Hills may, by ordinance, establish a pilot project utilizing a mobile photo radar speed enforcement (MPRSE) system for speed enforcement that does all of the following: (1) Identifies clearly the presence of the MPRSE system by signs that are visible to traffic entering the street on which the MPRSE system is utilized. (2) Identifies, with distinctive markings, the vehicle containing the MPRSE equipment. (3) Provides notice to drivers that a photographic record may have been taken when the driver passes the vehicle containing the MPRSE system. (4) Utilizes the system for speed enforcement in areas that meet the following criteria: (A) In a residence district, as defined in Section 515, with a speed limit that is no greater than 25 miles per hour. (B) In a school zone, as defined in paragraph (2) of subdivision (b) of Section 40802. (5) (A) Utilizes a peace officer or public officer who is properly trained in the use of the photo radar equipment and photographic equipment, and radar, laser, or other electronic devices; the enforcement of traffic and speeding laws; and is present at the time of the alleged violation. (B) For the purpose of this section, a public officer is a person who is trained in speed enforcement pursuant to subparagraph (C) and is authorized by local ordinance to enforce speeding laws through the operation of the MPRSE system. (C) For the purposes of subparagraph (A), a peace officer or public officer is considered properly trained if he or she successfully completed both of the following: (i) Either a radar operator course approved and certified by the Commission on Peace Officer Standards and Training of not less than 24 hours on the use of a police traffic radar, laser, or other electronic device, or an operator course meeting equivalent standards. (ii) A minimum of 24 hours of speed enforcement training conducted by a local law enforcement agency. (b) Prior to enforcing speed and traffic laws under the pilot project, the City of Beverly Hills shall do both of the following: (1) Make a public announcement of the system at least 30 days following the installation of the signs under paragraph (1) of subdivision (a). (2) Issue only warning notices for the first 30 days of enforcement under the pilot project. (c) The City of Beverly Hills with the oversight of the local law enforcement agency, may operate an MPRSE system pursuant to this section. As used in this subdivision, "operate" includes all of the following activities: (1) Develops uniform guidelines for the following: (A) The selection of locations where the system will be utilized. The guidelines for the selection shall include, but are not limited to, consideration of demonstrated community involvement and support, and demonstrated need for traffic calming devices. (B) The screening and issuing of citations. (C) The processing and storage of confidential information. (D) The establishment of procedures to ensure compliance with the guidelines. (2) Performs administrative and day-to-day functions, including, but not limited to, all of the following: (A) Certifies that the equipment is properly installed and calibrated, and is operating properly, which means that, at a minimum, the radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (B) Ensures that the equipment is regularly inspected. (C) Inspects and maintains regularly warning signs placed pursuant to paragraph (1) of subdivision (a). (D) Maintains controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (d) (1) Notwithstanding Section 6253 of the Government Code, or any other provision of law, photographic records made by an MPRSE system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of enforcing this article. (2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential and shall not be used for any other purpose. (3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after that time the information shall be destroyed in a manner that will preserve the confidentiality of a person included in the record or information. (e) The registered owner or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence establishing the alleged violation. (f) A contract between a local authority and a manufacturer or supplier of mobile photo radar enforcement equipment shall not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section. (g) As used in this section, the term "mobile photo radar speed enforcement system" or "MPRSE system" means a mobile radar system operated by a peace officer or public officer that utilizes automated equipment to detect a violation of speeding laws and is designed to obtain a clear photograph of a vehicle's license plate and the driver of the vehicle. (h) If the City of Beverly Hills establishes a MPRSE pilot project pursuant to this section, notwithstanding Section 7550.5 of the Government Code, the city shall, on or before July 1, 2010, submit to the Legislature a report prepared by an independent qualified contractor providing an evaluation of the MPRSE pilot project. The report shall provide data relative to the efficacy of the MPRSE system in reducing speeding and improving traffic safety in residential neighborhoods and school zones. The contractor shall make the report available to the public and request public comments from any interested parties prior to the final production of the report and submittal to the Legislature. (i) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date. SEC. 2. Section 40518 of the Vehicle Code is amended to read: 40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated enforcement system pursuant to Section 21455.5 or 22451, or, based on an alleged violation of Section 22352 recorded by a mobile photo radar speed enforcement system pursuant to Section 22368, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest. (b) A notice to appear shall contain the name and address of the person, the license plate number of the person's vehicle, the violation charged, including a description of the offense, and the time and place when, and where, the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered. (c) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. SEC. 3. Section 40518 is added to the Vehicle Code, to read: 40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated enforcement system pursuant to Section 21455.5 or 22451, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest. (b) A notice to appear shall contain the name and address of the person, the license plate number of the person's vehicle, the violation charged, including a description of the offense, and the time and place when, and where, the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered. (c) This section shall become operative on January 1, 2012.