BILL NUMBER: SB 565 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2011
INTRODUCED BY Senator DeSaulnier
FEBRUARY 17, 2011
An act to amend Sections 14602.8, 22511.57, and 22651 of,
to amend and repeal Section 42007 of , and to add Section
24017 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 565, as amended, DeSaulnier. Vehicles: traffic
violator school: confidentiality. Vehicles.
(1) Existing law prescribes certain standards for a transit bus
operated by a motor carrier, whether the motor carrier is a private
company or a public agency, that provides public transportation
services. A violation of these provisions is a crime.
This bill would additionally require that the transit bus be
equipped with a speedometer that is maintained in good working order.
By creating a new crime, the bill would impose a state-mandated
local program.
(2) Existing law authorizes a local authority, by ordinance or
resolution, to prohibit the parking or standing of a vehicle
displaying a distinguishing placard or special license plate in a
disabled person's parking stall or space on streets or highways or in
a disabled person's parking stall or space in a privately or
publicly owned or operated offstreet parking facility under specified
conditions.
This bill would instead authorize a local authority, by ordinance
or resolution, to prohibit the parking or standing of those vehicles
on streets or highways or in any parking stall or space in a
privately or publicly owned or operated offstreet parking facility
under those conditions.
(3) Existing law authorizes a peace officer or other specified
public employees to remove a vehicle if the vehicle is found or
operated upon a highway, public land, or an offstreet parking
facility under specified conditions. Existing law requires the
release of those removed vehicles to the owner or person in control
of the vehicle only after the owner or person in control provides the
storing law enforcement agency with proof of current registration
and a currently valid driver's license to operate the vehicle.
This bill would additionally require the release of the vehicle to
the legal owner or the legal owner's agent, without the payment of
fees, fines, or penalties for parking tickets or registration and
without proof of current registration, if the vehicle is being
repossessed and transported to a storage facility of a repossessor,
and from that facility to the legal owner or a licensed motor vehicle
auction. Because a failure to release the vehicle as provided is a
crime, this bill would impose a state-mandated local program.
Existing
(4) Existing law requires the
clerk of the court to collect a fee from a person ordered or
permitted by the court to attend a traffic violator school and
authorizes the clerk to accept a payment of at least 10% of a
specified amount upon filing a written agreement by the defendant to
pay the remainder of the fee according to an installment payment
schedule of no more than 90 days as agreed upon with the court.
This bill would recast the above provision and repeal a
duplicative similar provision in the Vehicle
Code that would have become operative on July 1, 2011
.
(5) Existing law authorizes a peace officer to remove and seize a
vehicle under specified circumstances if the peace officer determines
that the person operating the vehicle has been convicted of driving
under the influence in the preceding 10 years. Existing law
authorizes the impounding agency to release the vehicle seized to the
legal owner of the vehicle or the legal owner's agent before the end
of the impoundment period under specified conditions. Existing law
prohibits the legal owner or the legal owner's agent from releasing
or relinquishing the vehicle to the registered owner or the
registered owner's agent unless specified conditions are met. A
violation of this prohibition is an infraction.
This bill would, instead, provide that a legal owner who knowingly
violates the above prohibition is guilty of a misdemeanor and
subject to a fine of $2,000. By making the violation a misdemeanor
this bill would impose a state-mandated local program.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14602.8 of the
Vehicle Code is amended to read:
14602.8. (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
(A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
(B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
(2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
(A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
(B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.
(3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing. The law enforcement agency shall be open to issue
a release to the registered owner or legal owner, or the agent of
either, whenever the agency is open to serve the public for regular,
nonemergency business.
(b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(c) Any period during which a vehicle is subjected to storage
under this section shall be included as part of the period of
impoundment ordered by the court under Section 23594.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1)
, or the legal owner's agent any administrative
charges imposed pursuant to Section 22850.5 unless the legal owner
voluntarily requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and other related fees, but not to exceed five hundred dollars
($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of them, shall not require a document to be notarized. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of those agencies may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, the
impounding agency, any other governmental agency, or any person in
possession of the vehicle, or anyone acting on behalf of them, that
the agent is exempt from licensure pursuant to Section 7500.2 or
7500.3 of the Business and Professions Code.
(D) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) , who redeems the
vehicle unless the legal owner voluntarily requests a poststorage
hearing. A city, county, city and county, or state agency shall not
require a legal owner or a legal owner's agent to request a
poststorage hearing as a requirement for release of the vehicle to
the legal owner or the legal owner's agent. The law enforcement
agency, the impounding agency, or any
governmental agency, or any person acting on behalf of those agencies
, shall not require any documents other than
those specified in this paragraph. The law enforcement agency,
impounding agency, or other governmental agency, or any
person acting on behalf of those agencies, shall not require any
documents to be notarized. The legal owner or the legal owner's agent
shall be given a copy of any documents he or she is required to
sign, except for a vehicle evidentiary hold logbook. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies, or any person in possession of the vehicle, may
photocopy and retain the copies of any documents presented by the
legal owner or legal owner's agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may
shall not release the vehicle to the registered
owner of the vehicle or the person who was listed as the registered
owner when the vehicle was impounded or any agents of the registered
owner , unless the registered owner is a rental
car agency, until after the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the license presented is valid and
possession of the vehicle will not be given to the driver who was
involved in the original impoundment proceeding until the expiration
of the impoundment period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(4) A legal owner who knowingly releases or causes the release of
a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or an agent of the registered
owner in violation of this subdivision is guilty of a misdemeanor and
subject to a fine in the amount of two thousand dollars ($2,000) in
addition to any other penalties established by law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(i) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.
SEC. 2. Section 22511.57 of the Vehicle
Code is amended to read:
22511.57. A local authority may, by ordinance or resolution,
prohibit or restrict the parking or standing of a vehicle in
a disabled person's parking stall or space on streets or
highways , or in a disabled
person's parking stall or space in a a
privately or publicly owned or operated offstreet parking facility
within its jurisdiction when the vehicle displays, in order to obtain
special parking privileges, a distinguishing placard or special
license plate, issued pursuant to Section 5007, 22511.55, or
22511.59, and any of the following conditions are met:
(a) The records of the Department of Motor Vehicles for the
identification number assigned to the placard or license plate
indicate that the placard or license plate has been reported as lost,
stolen, surrendered, canceled, revoked, or expired, or was issued to
a person who has been reported as deceased for a period exceeding 60
days.
(b) The placard or license plate is displayed on a vehicle that is
not being used to transport, and is not in the reasonable proximity
of, the person to whom the license plate or placard was issued or a
person who is authorized to be transported in the vehicle displaying
that placard or license plate.
(c) The placard or license plate is counterfeit, forged, altered,
or mutilated.
SEC. 3. Section 22651 of the Vehicle
Code is amended to read:
22651. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a private driveway and it is impractical to move the vehicle from
in front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
firefighting equipment to a fire hydrant and it is impracticable to
move the vehicle from in front of the fire hydrant to another point
on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
(m) When the use of the highway, or a portion of the highway, is
authorized by a local authority for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
(n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. Except as provided in
subdivision (v), a vehicle shall not be removed unless signs are
posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released to under either of the following
circumstances:
(A) To the
registered owner or person in control of the vehicle only after
the owner or person furnishes the storing law enforcement agency
with proof of current registration and a currently valid driver's
license to operate the vehicle.
(B) To the legal owner or the legal owner'
s agent, without payment of any fees, fines, or penalties for parking
tickets or registration and without proof of current registration,
if the vehicle will only be transported pursuant to the exemption
specified in Section 4022.
(4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) When a vehicle is parked for more than 24 hours on a portion
of highway that is located within the boundaries of a common interest
development, as defined in subdivision (c) of Section 1351 of the
Civil Code, and signs, as required by paragraph (1) of subdivision
(a) of Section 22658 of this code, have been posted on that portion
of highway providing notice to drivers that vehicles parked thereon
for more than 24 hours will be removed at the owner's expense,
pursuant to a resolution or ordinance adopted by the local authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
(u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.
(v) (1) When a vehicle is a mobile billboard advertising display,
as defined in Section 395.5, and is parked or left standing in
violation of a local resolution or ordinance adopted pursuant to
subdivision (m) of Section 21100, if the registered owner of the
vehicle was previously issued a warning citation for the same
offense, pursuant to paragraph (2).
(2) Notwithstanding subdivision (a) of Section 22507, a city or
county, in lieu of posting signs noticing a local ordinance
prohibiting mobile billboard advertising displays adopted pursuant to
subdivision (m) of Section 21100, may provide notice by issuing a
warning citation advising the registered owner of the vehicle that he
or she may be subject to penalties upon a subsequent violation of
the ordinance, that may include the removal of the vehicle as
provided in paragraph (1). A city or county is not required to
provide further notice for a subsequent violation prior to the
enforcement of penalties for a violation of the ordinance.
SEC. 4. Section 24017 is added to the
Vehicle Code , to read:
24017. A transit bus operated by a motor carrier, whether the
motor carrier is a private company or a public agency, that provides
public transportation services shall be equipped with a speedometer
that shall be maintained in good working order.
SECTION 1. SEC. 5. Section 42007 of
the Vehicle Code, as amended by Section 3 of Chapter 720 of the
Statutes of 2010, is amended to read:
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule. As used in this subdivision, "total bail"
means the amount established pursuant to Section 1269b of the Penal
Code in accordance with the Uniform Statewide Bail Schedule adopted
by the Judicial Council, including all assessments, surcharges, and
penalty amounts. Where multiple offenses are charged in a single
notice to appear, the "total bail" is the amount applicable for the
greater of the qualifying offenses. However, the court may determine
a lesser fee under this subdivision upon a showing that the defendant
is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by a traffic violator school.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) When If a defendant fails to
make an installment payment of the fee according to an installment
agreement, the court may convert the fee to bail, declare it
forfeited, and report the forfeiture as a conviction under Section
1803. The court may also charge a failure to pay under Section 40508
and impose a civil assessment as provided in Section 1214.1 of the
Penal Code or issue an arrest warrant for a failure to pay. For the
purposes of reporting a conviction under this subdivision to the
department under Section 1803, the date that the court declares the
bail forfeited shall be reported as the date of conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.
(e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
SEC. 2. SEC. 6. Section 42007 of the
Vehicle Code, as added by Section 16.5 of Chapter 599 of the
Statutes of 2010, is repealed.
SEC. 7. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.