BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1534 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: harman VERSION: 5/1/12 Analysis by: Carrie Cornwell FISCAL: no Hearing date: May 8, 2012 SUBJECT: Video recorders in taxicabs DESCRIPTION: This bill permits video recorders to block the windshield of a licensed taxicab. ANALYSIS: Existing eavesdropping law prohibits, without the expressed consent of all parties involved, the audio recording of communication carried on in circumstances that may reasonably indicate that any party to the communication desires it to be confined to the parties. Existing law prohibits a person from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or the side windows adjacent to the driver. Existing law makes exceptions for the following: Rearview mirrors; Sunvisors that are not mounted on the windshield glass; Electronic toll communication devices (e.g., FasTrak transponders) or video event recorders affixed to the center uppermost portion of the interior of the windshield within an area that is not greater than five inches square; Transparent material applied to the top most portion of the windshield (i.e., tinting); Stickers (e.g., parking decals), global positioning SB 1534 (HARMAN) Page 2 systems (GPS), and video event recorders that are placed or mounted on the windshield in the seven-inch square in the lower corner farthest removed from the driver or in the five-inch square in the lower corner nearest the driver but outside of the airbag deployment zone. Existing law defines "video event recorders" that can be placed in small spaces in the two lower windshield corners or at the center top of the windshield as a video recorder that continuously records video, audio, and G-force levels, but saves video only when triggered by an unusual motion or crash or when operated by the driver. Existing law restricts video event recorders to storing no more than 30 seconds of footage before and after an event, permits the registered owner to disable a video event recorder, and requires posted visible notice in the vehicle that it is equipped with a video event recorder. This bill : 1.Permits a video recorder that is installed in a taxicab for purposes of routine video monitoring to block the windshield or side windows of that taxi. 2.Defines a "video recorder" as a device that continuously records both audio and video. 3.Defines "routine video monitoring" as video recording by a video or electronic imaging system designed to record regular and ongoing operations, including mobile in-car video systems. COMMENTS: 1.Purpose . The author introduced this bill at the request of the Taxicab Paratransit Association and the City of Los Angeles to provide legal authorization to place cameras on the windshields or partially blocking the windshields of taxicabs. The author notes that several cities, including Los Angeles, San Francisco, Santa Monica, and San Diego, have mandated that taxicab operators licensed to operate in their jurisdiction install approved security cameras to address and deter assaults on taxi drivers. Proponents point out the dangerous position taxi drivers can find themselves in and assert that these cameras need to record continuously in order to provide a safer environment for drivers. Existing law's prohibition on these cameras in taxicabs' windshields puts many hundreds of taxicab drivers in California at risk of operating without SB 1534 (HARMAN) Page 3 a significant security device to deter assault. 2.Obstructing the driver's view . This bill authorizes a video recorder of any size to be placed anywhere on or blocking the view through the windshield or the front windows of a taxicab. The bill, therefore, makes it legal to obstruct a taxicab driver's view of the street, other vehicles, pedestrians, and other features of his or her driving environment. Due to traffic safety concerns, existing law restricts other such devices, including toll collection transponders, video event recorders, and GPS, to a seven-inch square in the lower corner farthest removed from the driver, a five-inch square in the lower corner nearest the driver, or a five-inch square at the center top of the windshield. In order to minimize driver distraction and visual obstruction, the committee may wish to amend this bill to require that the video recorders authorized by this bill be placed in any of these same locations. 3.These cameras are in use now . As the author notes, these cameras are currently in use in taxicabs in jurisdictions around the state, and in most cases are likely placed such that they violate California law prohibiting any object from being on or blocking the view through the windshield. This bill would legalize those existing video recorders, some of which are mandated under local taxicab regulations. 4.Previous legislation . AB 1942 (Fletcher), Chapter 458, Statutes of 2010, permitted the placement of video event recorders in any of three specified locations on the windshield of a vehicle. Due to concerns about the video and audio recording of occupants of vehicles, that bill included various limitations, as follows: a. AB 1942 limits recordings to 30 seconds before and 30 seconds after an event, such as an accident. This bill contemplates storing continuous video for an unlimited amount of time and places no restrictions on who can view the recordings. Taxi drivers who oppose this bill note that while security cameras in taxis have traditionally been for the purpose of protecting taxi drivers from assaults or robberies, this bill appears designed for the monitoring of taxi drivers themselves. They describe this as a recent practice that has been done without the consent or even the knowledge of most taxi drivers or their passengers, and further assert that taxi company management has used this footage to harass and intimidate drivers for SB 1534 (HARMAN) Page 4 reasons other than safety. They are concerned that this bill opens the door to further abuse and intimidation by taxicab company management and possibly regulatory personnel. The committee may wish to amend this bill to permit only law enforcement to review the video recorded and only for public safety purposes, including investigation of a crime. b. To address concerns of commercial drivers, AB 1942 requires that an employee may receive unedited copies of recordings made, prescribes that recordings made are the property of the registered owner or lessee of the vehicle, and allows the registered owner of the vehicle to turn off the video event recorder. Taxi drivers are not typically employees, but sometimes own the cabs they drive and sometimes rent or lease them from others. The concerns of taxi drivers could be addressed through amendments as they were for commercial drivers in AB 1942. The committee may wish to consider amendments that permit a taxi driver to turn off the video recorder and that permit the taxicab driver to request unedited copies of recordings. c. Under the Penal Code, audio recording generally requires the expressed consent of all parties to a conversation. Such consent is difficult to achieve with passengers in a vehicle who change with each trip the vehicle makes. To address this issue, AB 1942 required that a vehicle equipped with a video event recorder have posted in it visible notice that it is equipped with a video event recorder. Such notice inside the taxi may be of little use to providing a taxi customer with actual notice once he or she is inside of the taxicab. The committee may wish to amend this bill to require posting of a notice on the inside and the outside of the taxicab to inform passengers that their conversations inside the taxi are recorded. POSITIONS: (Communicated to the committee before noon on Wednesday, May 2, 2012) SUPPORT: Taxicab Paratransit Association of California (sponsor) City of Los Angeles (sponsor) San Francisco Municipal Transportation Agency One individual OPPOSED: Los Angeles Taxi Workers Alliance SB 1534 (HARMAN) Page 5 San Francisco Taxi Cab Drivers Association Six individuals