BILL NUMBER: SB 1325 INTRODUCED BILL TEXT INTRODUCED BY Senator Kuehl FEBRUARY 20, 2008 An act to amend, repeal, and add Section 40518 of, and to add and repeal Section 22368 of, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1325, as introduced, Kuehl. Vehicles: automated speed enforcement. Existing law does not expressly authorize the use of photo radar from an automated enforcement system for speed enforcement purposes by any jurisdiction. This bill would, until January 1, 2014, authorize the City of Beverly Hills to establish by ordinance a pilot project utilizing a mobile automated speed enforcement (MASE) system, as specified, for speed enforcement if specified conditions are met. The bill would require the City of Beverly Hills, if it establishes a MASE system, to submit a specified report to the Legislature on or before January 1, 2013. The bill would also make technical and conforming changes to these provisions. 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. The Legislature finds and declares all of the following: (a) Traffic speed enforcement is critical to law enforcement agencies' efforts to reduce factors that contribute to traffic collisions. (b) Law enforcement and local agencies employ a variety of methods to lessen speeding, including engineering, education and enforcement. (c) Additional tools, including automated enforcement, are available to assist law enforcement in addressing excessive speeding and speed related crashes. (d) Automated speed enforcement offers a high rate of detection, and, in conjunction with education, engineering, and law enforcement measures, it can significantly improve traffic safety. (e) Several such programs implemented in other cities and states have proven successful in reducing speeding and addressing traffic safety concerns. These programs have also given policymakers the opportunity to assess which programs have operated appropriately and successfully, and which have operated in an unsatisfactory fashion. (f) In 2007, the International Association of Chiefs of Police established a policy subcommittee to review existing automated speed enforcement programs, and to identify the benefits of these programs, as well as philosophical and practical concerns that have been raised in response to automated speed enforcement programs. (g) As a result of the International Association of Chiefs of Police's review, as well as their collaboration with local and state law enforcement agencies across the nation, the association has adopted guidelines to assist local agencies and state legislatures that are considering authorizing or implementing automated speed enforcement programs. The guidelines ensure that automated speed enforcement programs are implemented to improve traffic safety by reducing excessive speeds, provide a reliable tool for law enforcement agencies and officers, and eliminate vendor-driven financial incentives for the operation of the program. (h) It is the intent of the Legislature that a small-scale automated speed enforcement pilot project be conducted based upon the guidelines established by the International Association of Chiefs of Police. The pilot project should be limited to residential streets and school zones and locations that have been identified with a history of excessive speeds or speed-related crashes. It is the intent of the Legislature that an independent evaluation of the project and a report be submitted to the Legislature regarding the efficacy of the pilot project. SEC. 2. Section 22368 is added to the Vehicle Code, to read: 22368. (a) As used in this section, "mobile automated speed enforcement system" or "MASE system" means a mobile radar system or laser-based unit operated by a peace 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. (b) The City of Beverly Hills may, by ordinance, establish a pilot project utilizing a MASE system for speed enforcement that does all of the following: (1) Identifies clearly the presence of the mobile automated speed enforcement system and its operator by signs that are visible to traffic entering the roadway on which the mobile automated speed enforcement system is utilized. (2) Identifies, with distinctive markings, the vehicle containing the mobile automated speed enforcement equipment. (3) Provides notice to drivers that a photographic record may be taken when the driver passes the vehicle containing the mobile automated speed enforcement system. (4) Utilizes the system for speed enforcement in an area that meets either of the following criteria: (A) Is a residence district, as defined in Section 515, with a speed limit that is no greater than 25 miles per hour. (B) Is a school zone as defined in paragraph (2) of subdivision (b) of Section 40802. (5) (A) Utilizes a trained peace officer present at the time of an alleged violation. (B) The peace officer must be properly trained in all of the following: (i) The use of automated speed enforcement equipment. (ii) The use of photographic, radar, laser, and other electronic devices. (iii) The enforcement of traffic and speeding laws. (C) For the purposes of subparagraph (B), a peace officer is considered properly trained if he or she has 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 no 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 number of hours of speed enforcement training conducted by the local law enforcement agency, including, but not limited to, the operation of the actual mobile automated speed enforcement technology that is used by the local agency, the criteria that is used to determine safe and unsafe road and driving conditions, and the appropriate speed setting for the technology in accordance with the varying conditions referenced in Section 22350. (c) Prior to enforcing speed and traffic laws utilizing a MASE system under the pilot project, the City of Beverly Hills shall do both of the following: (1) Make a public announcement about the system, which includes public information regarding the hazards of excessive speed, at least 30 days following the installation of the signs placed pursuant to paragraph (1) of subdivision (b). (2) Issue warning notices only for the first 30 days of enforcement under the pilot program. (d) The City of Beverly Hills, with the oversight of the local law enforcement agency, may operate a mobile automated speed enforcement system pursuant to this section. As used in this subdivision, "operate" includes all of the following activities: (1) Develop uniform guidelines for all of 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 safety enforcement based on the incidence of traffic collisions or evidence of excessive speeding, or both. (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) Perform administrative and day-to-day functions, including, but not limited to, all of the following: (A) Certify that the equipment is properly installed and calibrated and is operating properly so that, at a minimum, the radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimum operational standards of the International Association of Chiefs of Police and has been calibrated within three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (B) Ensure that the equipment is regularly inspected. (C) Regularly inspect and maintain warning signs placed pursuant to paragraph (1) of subdivision (b). (D) Maintain controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (e) The peace officer who is present when the mobile automated speed enforcement is in operation shall record information concerning road and driving conditions at the time each photo is taken. (f) Citations issued pursuant to this section shall include a clear photo of the driver and license plate of the vehicle and a description of the alleged violation, including the road and driving conditions present at the time when the alleged violation occurred. A separate document that contains both a brief, basic explanation of California speed laws, including references, and an explanation that the driver has a right to appeal the citation shall accompany the citation. (g) (1) Notwithstanding Section 6253 of the Government Code, or any other provision of law, photographic records made by a mobile automated speed enforcement 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. As soon as feasible, 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. (h) 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. (i) A contract between a local authority and a manufacturer or supplier of mobile photo radar enforcement equipment shall not include any 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. The local authority may purchase materials, lease equipment, and contract for processing services from a manufacturer or supplier, but only the local authority shall control enforcement activities and only designated peace officers of the local authority may authorize citations for issuance. (j) If the City of Beverly Hills establishes a mobile automated speed enforcement system pilot project pursuant to this section, the city shall, on or before January 1, 2013, submit to the Legislature a report prepared by an independent qualified contractor providing an evaluation of the mobile automated speed enforcement system pilot project. The report shall provide data relative to the efficacy of the mobile automated speed enforcement 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 interested parties prior to the final production of the report and submittal to the Legislature. (k) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date. SEC. 3. 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 22350 recorded by a mobile automated 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, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date. SEC. 4. 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, 2014.