BILL NUMBER: AB 101 CHAPTERED
BILL TEXT
CHAPTER 377
FILED WITH SECRETARY OF STATE OCTOBER 10, 2007
APPROVED BY GOVERNOR OCTOBER 10, 2007
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE SEPTEMBER 7, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 21, 2007
AMENDED IN ASSEMBLY MAY 9, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
INTRODUCED BY Assembly Member Ma
DECEMBER 21, 2006
An act to amend, repeal, and add Section 40207 of, and to add and
repeal Article 3.5 (commencing with Section 40240) of Chapter 1 of
Division 17 of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 101, Ma. Vehicles: parking enforcement: video image 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
(San Francisco), until January 1, 2012, to enforce parking violations
in specified transit-only traffic lanes through the use of video
image evidence. San Francisco would be authorized to install
automated forward facing parking control devices on city-owned public
transit vehicles for the purpose of video imaging of parking
violations occuring in transit-only traffic lanes. A designated
employee, who is qualified by San Francisco, would be required to
review the video image 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 video
image records would be confidential and be available only to public
agencies to enforce parking violations.
If San Francisco implements the pilot program authorized by this
bill, San Francisco would be required, on or before March 1, 2011, to
submit to the transportation committees of the Legislature an
evaluation of the effectiveness of the pilot program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40207 of the Vehicle Code is amended to read:
40207. (a) 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. Additional fees, assessments, or
other charges shall not be added.
(b) 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. 2. Section 40207 is added to the Vehicle Code, to read:
40207. (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
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.
Additional fees, assessments, or other charges shall not be added.
(b) This section shall become operative on January 1, 2012.
SEC. 3. 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 Video Imaging of Parking Violations
Occurring in Transit-Only Lanes
40240. (a) The City and County of San Francisco may install
automated forward facing parking control devices on city-owned public
transit vehicles, as defined by Section 99211 of the Public
Utilities Code for the purpose of video imaging of parking violations
occurring in transit-only traffic lanes. Citations shall only be
issued for violation captured during the posted hours of operation
for a transit-only traffic lane. The devices shall be angled and
focused so as to capture video images of parking violations and not
unnecessarily capture identifying images of other drivers, vehicles,
and pedestrians.
(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,
who is qualified by the city and county to issue parking citations,
shall review video image recordings for the purpose of determining
whether a parking violation occurred in a transit-only traffic lane.
A 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 observed by
the designated employee in the recordings is subject to a civil
penalty.
(d) The registered owner shall be permitted to review the video
image evidence of the alleged violation during normal business hours
at no cost.
(e) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the video image evidence may be retained for up to six months
from the date the information was first obtained, or 60 days after
final disposition of the citation, whichever date is later, after
which time the information shall be destroyed.
(2) Notwithstanding Section 26202.6 of the Government Code, video
image evidence from forward facing automated enforcement devices that
does not contain evidence of a parking violation occurring in a
transit-only traffic lane shall be destroyed within 15 days after the
information was first obtained.
(f) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, the video image records are confidential.
Public agencies shall use and allow access to these records only for
the purposes authorized by this article.
(g) For the purposes of this article, "local agency" means the
City and County of San Francisco.
(h) For the purposes of this article, "transit-only traffic lane"
means any of the designated transit-only lanes that were designated
on or before January 1, 2008, on Beach Street, Bush Street, Clay
Street, First Street, Fourth Street, Fremont Street, Geary Boulevard,
Jefferson Street, Jones Street, Mission Street, Market Street, O'
Farrell Street, Post Street, Potrero Street, Sacramento Street,
Sansome Street, Stockton Street, Sutter Street, and Third Street.
(i) Video images captured pursuant to this article shall not be
transmitted wirelessly.
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, 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 date, time, and
location of the violation, the vehicle license number, registration
expiration date if visible, 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 video image
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. Proof of
mailing demonstrating that the notice of parking violation was mailed
to that address shall be maintained by the local agency. If the
registered owner, by appearance or by mail, makes payment to the
processing agency or contests the violation within either 21 calendar
days from the date of mailing 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.
(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.
40242. Notwithstanding Section 7550.5 of the Government Code, if
the City and County of San Francisco implements a parking enforcement
pilot program pursuant to this article, no later than March 1, 2011,
the City and County of San Francisco shall provide to the
transportation committees of the Legislature an evaluation of the
pilot program's effectiveness.
40243. This article 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. 4. The Legislature finds and declares that the public
interest would be served through the use of automated forward facing
parking control devices as a reliable and cost-effective means of
enforcing traffic and parking laws, reducing traffic congestion, and
improving the flow of city-owned public transit vehicles and street
sweepers that can be significantly impeded by double-parked vehicles,
without significantly impinging on the privacy rights of individuals
depicted in the video image records.