BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 101
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 101 (Ma)
          As Amended September 7, 2007
          Majority vote
           
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          |ASSEMBLY:  |72-0 |(May 14, 2007)  |SENATE: |     |(September 11, |
          |           |     |                |        |     |2007)          |
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                                                  (vote not available)
          Original Committee Reference:   TRANS  .
           
          SUMMARY  :  Authorizes the City and County of San Francisco (San  
          Francisco) to issue citations based on photo-evidence of  
          transit-only lane parking violations.  

           The Senate amendments  :  

          1)Provide that videotaped records are confidential, and that  
            public agencies shall use the records only for law enforcement  
            purposes or for purposes of this bill.  

          2)Describe the cameras authorized to be mounted on San Francisco  
            city-owned public transit vehicles as "automated forwarding  
            facing parking control devices" and only qualified employees  
            review the video recordings for determining possible parking  
            violations.  

          3)Require that the notice of parking violation also include the  
            date, time, and location of the violation.  

          4)Restrict citations to be issued only for violations captured  
            during the posted hours of operation for a transit-only  
            traffic lane.  Require he devices to 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.  

          5)Require that proof of mailing to the address of the vehicle's  
            registered owner be maintained by the local agency and  
            establishes that additional fees, assessments, or charges  
            cannot be assessed if the registered owner declares, under  
            penalty of perjury, that the notice of parking violation was  
            not received.  









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          6)Change the submittal date of the assessment from July 1, 2011,  
            to March 1, 2011, and changes the term of the report from an  
            assessment to an evaluation.  

          7)Require that 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 to be destroyed within 15 days after the information is  
            first obtained.  

          8)Make findings and declarations that generally recognize that  
            this bill would impinge upon the privacy rights of individuals  
            depicted in the videotaped records.   

          EXISTING LAW  :  

          1)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.  

          2)Authorizes local entities to use cameras for the enforcement  
            of violations occurring when drivers do not stop at traffic  
            signals showing a red light.  

          3)Allows local governments to adopt ordinances restricting the  
            parking of vehicles for the purpose of street sweeping.  The  
            restrictions must be clearly posted.  

          4)Establishes a specific procedure for persons to contest  
            parking citations.  

          5)Restricts the ability of counties and municipalities to enact  
            or enforce parking ordinances on the matters covered by the  
            Vehicle Code unless expressly authorized as "the provisions in  
            the code are applicable and uniform throughout the state."  

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Authorized San Francisco to enforce parking violations in  
            transit-only lanes and during street sweep hours through the  
            use of videotaped evidence.  

          2)Authorized San Francisco to install videotape cameras on  








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            city-owned public transit and street sweeper vehicles for the  
            purposes of videotaping parking violations.  A designated  
            employee parking control officer (PCO) would be required to  
            review the videotape for determining whether these parking  
            violations had occurred.  

          3)Required, prior to issuing notices of parking violations, San  
            Francisco to issue only warning notices for 30 days.  Requires  
            public notification of the program 30 days prior to  
            implementation.  

          4)Required the PCO to issue a notice of a parking violation to  
            the registered owner within 15 days of the violation.  

          5)Established that a violation of a statute, regulation, or  
            ordinance governing vehicle parking under this bill, under a  
            federal or state statute or regulation, or under an ordinance  
            enacted by 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.  

          6)Provided that the registered owner of the vehicle shall be  
            permitted to review the videotaped evidence of the alleged  
            violation.  

          7)Authorized the videotaped evidence to 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.  

          8)Required San Francisco to provide an assessment to the Senate  
            and Assembly Transportation Committees by July 1, 2011.  

          9)Sunsets this bill's provisions on January 1, 2012.  

           COMMENTS  :  According to the author, "This legislation would  
          authorize the City and County of San Francisco to issue parking  
          tickets based on photographs from forward facing cameras on  
          transit vehicles and street sweepers that can take a picture of  
          an illegally parked car's license plate.  This proposal is aimed  
          at:  

          1)Improving the reliability and performance of San Francisco  
            Municipal Transportation Agency's vehicles using San  








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            Francisco's 14.8 miles of transit-only lanes.  

          2)Leveraging automated enforcement to increase available  
            enforcement resources for other critical enforcement duties.  

          "Camera-enforced citations would be used to deter drivers from  
          parking in the designated lanes, a violation which can  
          significantly increase the time it takes to make even a short  
          bus journey, as well as inconveniencing other road users.  Only  
          by reducing the amount of illegal traffic in San Francisco's  
          transit-only lanes can the San Francisco Municipal  
          Transportation Agency's service improve sufficiently to meet  
          on-time performance goals and encourage people to leave cars at  
          home and take transit.  Any citation revenue generated would be  
          used to further transit system improvements and performance.  

          "In the case of street sweepers, PCOs currently patrol ahead of  
          street sweeper vehicles, ticketing vehicles parked illegally in  
          designated zones.  While assigned to this duty, approximately 51  
          PCOs are unavailable for enforcement of other violations that  
          impede the efficiency of the multi-modal transit system and  
          jeopardize public safety.  Clean streets are important, but this  
          parking violation has more resources dedicated to it while  
          transit-critical violations are under-enforced.  Camera-enabled  
          street sweepers that automatically ticket street sweeping  
          violations would free up valuable PCO resources for  
          higher-priority parking violations and enforcement demands.  

          "The precedent for camera-enabled enforcement already exists in  
          San Francisco.  Since 1996, red light cameras have provided  
          automated enforcement of numerous San Francisco intersections.   
          Photographs issued to red-light runners are reviewed by law  
          enforcement before tickets are issued.  This same review  
          procedure would be utilized for automated transit-only lane and  
          street sweeper violations."  

          Automated enforcement program in the City of Richmond:   
          According to the sponsor, the Office of the Mayor, City and  
          County of San Francisco, "In Richmond, a pilot program using  
          street sweeper cameras to photograph cars parked illegally in  
          street sweeper zones was successfully completed.  The cameras  
          are now used to monitor road maintenance and illegal waste  
          dumping.  Concerns raised by the street sweeper drivers' union  
          prevented the program from moving forward with a full-blown  
          implementation of the street sweeper cameras.  The concern was  








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          that the drivers would become targets of abuse by citizens who  
          were angry about receiving a parking ticket.  Richmond did not  
          explore the legal implications of the camera enforcement  
          program."  


           Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093 


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