BILL NUMBER: AB 101 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2007
INTRODUCED BY Assembly Member Ma
DECEMBER 21, 2006
An act to add Section 126 to the Streets and Highways
amend Section 40207 of, and to add Article 3.5
(commencing with Section 40240) to Chapter 1 of Division 17 of, the
Vehicle Code, relating to transportation
vehicles .
LEGISLATIVE COUNSEL'S DIGEST
AB 101, as amended, Ma. Transportation: highway and road
closures. Vehicles: parking enforcement: videotaped
evidence.
Existing law requires a peace officer or person authorized to
enforce parking laws and regulations to securely attach to a vehicle
in violation of those laws or regulations a notice of violation, if
the vehicle is unattended during the time of the violation.
This bill would authorize the City and County of San Francisco to
enforce parking violations in transit-only lanes and during street
sweep hours through the use of videotaped evidence. The City and
County of San Francisco would be authorized to install videotape
cameras on public transit and other city-owned vehicles for the
purposes of videotaping these parking violations. A designated
employee would be required to review the videotape for determining
whether these parking violations had occurred and to issue a notice
of a parking violation to the registered owner within 15 days of the
violation. The bill would make legislative findings and declarations
regarding the inapplicability of a general statute within the meaning
of Section 16 of Article IV of the California Constitution.
Existing law provides that the Department of Transportation has
full possession and control of all state highways. Existing law
authorizes the department to restrict the use of, or close, any state
highway when it considers the restriction or closure necessary for
protection of the public. Existing law authorizes the department to
notify the public that a state highway is closed or that its use is
restricted.
This bill would require the department to establish a publicly
accessible database that includes every public highway or road in
California that is closed during the winter months. The bill would
require this information to be updated annually and be readily
available and easily accessible on the department's Internet Web
site. The bill would also urge manufacturers of printed maps and
Internet map companies to use the department's database, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Secti on 40207 of the
Vehicle Code is amended to read:
40207. The notice of delinquent parking violation shall contain
the information specified in subdivision (a) of Section 40202 or
subdivision (a) of Section 40241, and Section 40203, and,
additionally shall contain a notice to the registered owner that,
unless the registered owner pays the parking penalty or contests the
citation within 21 calendar days from the date of issuance of the
citation or 14 calendar days after the mailing of the notice of
delinquent parking violation or completes and files an affidavit of
nonliability which complies with Section 40208 or 40209, the renewal
of the vehicle registration shall be contingent upon compliance with
the notice of delinquent parking violation. If the registered owner,
by appearance or by mail, makes payment to the processing agency
within 21 calendar days from the date of issuance of the citation or
14 calendar days after the mailing of the notice of delinquent
parking violation, the parking penalty shall consist solely of the
amount of the original penalty. No additional fees, assessments, or
other charges shall be added.
SEC. 2. Article 3.5 (commencing with Section
40240) is added to Chapter 1 of Division 17 of the Vehicle
Code , to read:
Article 3.5. Procedure on Videotaping Parking Violations
Occurring in Transit-Only Lanes and During Posted Street Sweeping
Hours
40240. (a) The City and County of San Francisco may install video
cameras on public transit, as defined by Section 99211 of the Public
Utilities Code, and other city-owned vehicles for the purpose of
videotaping parking violations occurring in transit-only traffic
lanes and during posted street sweeping hours.
(b) Prior to issuing notices of parking violations pursuant to
subdivision (a) of Section 40241, the City and County of San
Francisco shall commence a program to issue only warning notices for
30 days. The City and County of San Francisco shall also make a
public announcement of the program at least 30 days prior to
commencement of issuing notices of parking violations.
(c) A designated employee of the City and County of San Francisco
shall review videotaped recordings for the purpose of determining
whether a parking violation occurred in a transit-only traffic lane
or during posted street sweeping hours. A violation of a statute,
regulation, or ordinance governing vehicle parking under this code,
under a federal or state statute or regulation, or under a ordinance
enacted by the City and County of San Francisco occurring in a
transit-only traffic lane or during posted street sweeping hours
observed by the designated employee in the recordings is subject to a
civil penalty.
(d) The registered owner shall be permitted to review the
videotaped evidence of the alleged violation.
(e) Except as it may be included in court records described in
Section 68152 of the Government Code, the videotaped evidence 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 which time the information shall be destroyed.
(f) For purpose of this article, "local agency" means the City and
County of San Francisco.
40241. (a) A designated employee of the local agency shall issue
a notice of a parking violation to the registered owner of a vehicle
within 15 calendar days of the date of the violation. The notice of
violation shall set forth the violation of a statute, regulation, or
ordinance governing vehicle parking under this code, under a federal
or state statute or regulation, or under an ordinance enacted by the
City and County of San Francisco occurring in a transit-only traffic
lane or during posted street sweeping hours, a statement indicating
that payment is required within 21 calendar days from the date of
citation issuance, and the procedure for the registered owner,
lessee, or rentee to deposit the parking penalty or contest the
citation pursuant to Section 40215. The notice of a parking violation
shall also set forth the vehicle license number, registration
expiration date, the color of the vehicle, and, if possible, the make
of the vehicle. The notice of parking violation, or copy of the
notice, shall be considered a record kept in the ordinary course of
business of the City and County of San Francisco and shall be prima
facie evidence of the facts contained in the notice. The City and
County of San Francisco shall send information regarding the process
for requesting review of the videotaped evidence along with the
notice of parking violation.
(b) The notice of parking violation shall be served by depositing
the notice in the United States mail to the registered owner's last
known address listed with the Department of Motor Vehicles.
(c) If, within 21 days after the notice of parking violation is
issued, the local agency determines that, in the interest of justice,
the notice of parking violation should be canceled, the local agency
shall cancel the notice of parking violation pursuant to subdivision
(a) of Section 40215. The reason for the cancellation shall be set
forth in writing.
(d) Following an initial review by the local agency, and an
administrative hearing, pursuant to Section 40215, a contestant may
seek court review by filing an appeal pursuant to Section 40230.
(e) The City and County of San Francisco may contract with a
private vendor for the processing of notices of parking violations
and notices of delinquent violations. The City and County of San
Francisco shall maintain overall control and supervision of the
program.
SEC. 3. The Legislature finds and declares that
this act, which is applicable only to the City and County of San
Francisco, is necessary because of the unique and special problems
associated with parking violations in transit-only lanes and during
street sweeping hours in that city and county. It is, therefore,
hereby declared that a general law within the meaning of Section 16
of Article IV of the California Constitution cannot be made
applicable to that city and county and the enactment of this special
law is necessary for the videotape enforcement of parking violations
in transit-only lanes and during street sweeping hours for the public
good.
SECTION 1. Section 126 is added to the Streets
and Highways Code, to read:
126. (a) The department shall establish a publicly accessible
database that includes every public highway or road in California
that is closed during the winter months. This information shall be
updated annually and shall be readily available and easily accessible
on the department's Internet Web site.
(b) For purposes of this section, public highways or roads include
state highways, county roads, and United States Forest Service roads
in California.
(c) The Legislature urges manufacturers of printed maps and
Internet map companies to use the database described in subdivision
(a) for the purpose of indicating public highways and roads in
California that are closed in the winter if those highways or roads
appear on maps made available to California residents.