BILL NUMBER: AB 987 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 27, 2009
An act to amend Section 8800 of Section
40518 of, and to add and repeal Section 22368 of, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 987, as amended, Ma. Vehicles: registration.
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 authorize a city or county, until January 1, 2015,
to establish a program utilizing an automated speed enforcement
system for speed enforcement if specified conditions are met. This
bill would require a city or county that adopts an automated speed
enforcement program to submit a specified report to the Legislature
on or before January 1, 2015.
Existing law authorizes the Department of Motor Vehicles to
suspend, cancel, or revoke the registration of a vehicle or a
certificate of ownership, registration card, license plate, or permit
under specified circumstances, including, among other things, when
the department determines that a registered vehicle is mechanically
unfit or unsafe to be operated or moved upon the highways.
This bill would make technical, nonsubstantive 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.
(f) The automated speed enforcement programs that this act
authorizes should be limited to locations that have been identified
with a history of excessive speeds or speed-related crashes or to
high traffic volume intersections with existing traffic signal
automated enforcement systems.
SEC. 2. Section 22368 is added to the
Vehicle Code , to read:
22368. (a) As used in this section, "automated speed enforcement
system" or "ASE system" means a fixed mid-block system, a traffic
signal automated enforcement system located at enforced
intersections, or a mobile radar system operated by a law enforcement
agency 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) A city or county may establish a program utilizing an ASE
system for speed enforcement, which shall do all of the following:
(1) Identify clearly the presence of the fixed or mobile automated
speed enforcement system by signs that are visible to traffic
entering the roadway on which the ASE system is utilized.
(2) For mobile systems, identify, with distinctive markings, the
vehicle containing the mobile automated speed enforcement equipment.
(3) Provide notice to drivers that a photographic record may be
taken when the driver passes the vehicle containing the mobile
automated speed enforcement system.
(4) (A) For mobile systems, utilize a trained peace officer
present at the time of an alleged violation.
(B) The peace officer shall 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 an ASE
system, a jurisdiction 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 program.
(d) A city or county with the oversight of a local law enforcement
agency may operate an 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,
demonstrated need for traffic safety enforcement based on the
incidence of traffic collisions or evidence of excessive speeding,
and high traffic intersection locations with an existing traffic
signal automated enforcement system.
(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
or other electronic device (piezoelectric strips) used to measure
the speed of the accused meets or exceeds the minimum operational
standards and has been calibrated within three years prior to the
date of the alleged violation by an independent certified 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 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 law, photographic records made by an ASE 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 photo radar enforcement equipment shall allow the local
authority to purchase materials, lease equipment, and contract for
processing services from a manufacturer or supplier based on the
services rendered or on a transactional or per transaction basis; but
only the local authority shall control enforcement activities and
only designated peace officers of the local authority may authorize
citations for issuance.
(j) A city or county that elects to establish a program pursuant
to this section shall submit to the Legislature a report regarding
the efficacy of the program. This report shall be prepared by an
independent qualified contractor who shall provide an evaluation of
the automated speed enforcement program. The report should provide
data relative to the efficacy of the program in reducing speeding and
improving traffic safety at enforcement locations.
(k) This section shall remain in effect only until January 1,
2015, as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2015, 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 an 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.
SECTION 1. Section 8800 of the Vehicle Code is
amended to read:
8800. (a) The department may suspend, cancel, or revoke the
registration of a vehicle or a certificate of ownership, registration
card, license plate, or permit under any of the following
circumstances:
(1) When the department is satisfied that the registration or the
certificate, card, plate, or permit was fraudulently obtained or
erroneously issued.
(2) When the department determines that a registered vehicle is
mechanically unfit or unsafe to be operated or moved upon the
highways.
(3) When a registered vehicle has been dismantled or wrecked.
(4) When the department determines that the required fee has not
been paid and the same is not paid upon reasonable notice and demand.
(5) When a registration card, license plate, or permit is
knowingly displayed upon a vehicle other than the one for which it
was issued.
(6) When the registration could have been refused when last issued
or renewed.
(7) When the department determines that the owner or legal owner
has committed an offense under Sections 20 (with respect to an
application for the registration of a vehicle), 4000, 4159 to 4163,
inclusive, 4454, 4456, 4461, 4463, 5202, 10750, and 10751, involving
the registration or the certificate, card, plate, or permit to be
suspended, canceled, or revoked.
(8) When the department is authorized pursuant to any other
provision of law.
(b) The department may suspend the registration of all vehicles
registered in the name of a person, under any of the following
circumstances:
(1) When the United States Secretary of the Department of
Transportation or his or her designee issues a lawful out-of-service
order pursuant to Title 49 of the Code of Federal Regulations.
(2) When the department suspends or revokes a motor carrier of
property permit.
(3) When the Public Utilities Commission suspends or revokes
operating authority or private registration.
(c) A suspension imposed pursuant to subdivision (b) shall remain
in effect and a vehicle for which registration has been suspended
shall not be registered in the name of the person until the
department verifies that person's federal registration, federal
operating authority, California operating authority, California
private registration, or motor carrier of property permit is
reissued.