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.