BILL NUMBER: AB 1041 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 18, 2011
An act to amend Section 40240 of, to repeal Section
40243 of, and to repeal and amend Section 40207 of, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1041, as amended, Ma. Vehicles: delinquent parking violations:
video imaging.
Existing law authorizes 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 imaging
evidence and authorizes San Francisco to install automated
forward-facing parking control devices on city-owned public transit
vehicles for the purpose of video imaging of parking violations
occurring in transit-only traffic lanes. Existing law requires a
designated employee, who is qualified by San Francisco, to review the
video image for determining whether these parking violations have
occurred and to issue a notice of a parking violation to the
registered owner within 15 days of the violation. Existing law
requires that the video image records be confidential and available
only to public agencies to enforce parking violations.
This bill would make the above-described provisions permanent and
would redefine "transit-only traffic lane" as any designated
transit-only lane on which use is restricted to mass transit
vehicles, or other designated vehicles including taxis and vanpools,
during posted times. The bill would also delete the prohibition that
video images captured pursuant to these provisions shall not be
transmitted wirelessly and would make other technical,
nonsubstantive changes to those provisions governing the content of a
delinquent parking violation.
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. Section 40207 of the Vehicle Code, as amended by
Section 1 of Chapter 471 of the Statutes of 2010, is repealed.
SEC. 2. Section 40207 of the Vehicle Code, as amended by Section 2
of Chapter 471 of the Statutes of 2010, is amended to read:
40207. The notice of delinquent parking violation shall contain
the information specified in subdivision (a) of Section 40202 or
subdivision (a) of Section 40248, as applicable, 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 that 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.
SEC. 3. Section 40240 of the Vehicle
Code is amended to read:
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
be issued only for violations 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 purposes of this article, "local agency" means the City
and County of San Francisco.
(h) For 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 lanes on which use is
restricted to mass transit vehicles, or other designated vehicles
including taxis and vanpools, during posted times .
(i) Video images captured pursuant to this article shall not be
transmitted wirelessly.
SEC. 3. SEC. 4. Section 40243 of the
Vehicle Code is repealed.