Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 666

Introduced by Assembly Member Wieckowski

February 21, 2013

An act to amend begin delete Section 21455.5 of the Vehicle Code, relating to vehicles. end delete begin insert Sections 21455.5, 22451, 40518, and 40520 of, to add Sections 212, 12810.1, 40518.5, 40518.6, 40520.5, 40520.6, and 40520.7 to, and to add Article 6.6 (commencing with Section 4780) to Chapter 1 of Division 3 of, the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 666, as amended, Wieckowski. Automated traffic enforcement begin delete systems. end delete begin insert systems: violations. end insert

begin insert

(1) Existing law authorizes a governmental agency to equip the limit line, intersection, or other places where a driver is required to stop with an automated traffic enforcement system if the system meets certain requirements, and provides a procedure for criminal adjudication of alleged violations recorded by that system. Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of the suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point.

end insert begin insert

This bill would instead require violations recorded by an automated traffic enforcement system to be cited as civil violations, subject to a civil penalty, administrative process, and appeal in superior court. The bill would exempt certain of those civil violations from the violation point count process. This bill would also provide that if payment of an automated violation penalty is not received as specified on the notice of automated violation, the issuing agency may assess a delinquent fee and must serve a notice of delinquent automated violation.

end insert begin insert

(2) Existing law requires the Department of Motor Vehicles to refuse to renew the registration of a vehicle if, among other things, the registered owner or lessee has been mailed a notice of delinquent parking or a notice of toll evasion violation, unless the full amount of all outstanding penalties and administrative fees are paid to the department at the time of application for renewal, except as provided.

end insert begin insert

This bill would similarly require the Department of Motor Vehicles to refuse to renew the registration of a vehicle if the registered owner or lessee has been mailed a notice of automated violation, as specified, unless the full amount of all outstanding automated violation penalties and administrative fees are paid to the department, except as provided. The bill would require the department to include on each vehicle renewal notice, or on an accompanying document, an itemization of unpaid automated penalties, the jurisdiction that issued the notice of automated violation, and the date of the automated violation. The bill would require the department to remit all automated violation penalties and administrative fees collected, except certain fees to cover its costs, to each jurisdiction, as specified.

end insert begin delete

Existing law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated traffic enforcement system if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 212 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 212. end insert   

An “automated violation” is a violation of Section 21453,
21455, 22101, or 22451 that is recorded by an automated traffic
enforcement system authorized pursuant to Section 21455.5 or
22451, and subject to citation as a civil violation under Section
40518.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 6.6 (commencing with Section 4780) is added
to Chapter 1 of Division 3 of the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 6.6. end insert   Refusal of Registration for Nonpayment of
Automated Violation Penalties

 

begin insert 4780. end insert   

(a) Except as provided in subdivision (b) or (c), the
department shall refuse to renew the registration of a vehicle if
the registered owner or lessee has been mailed a notice of
automated violation, the issuing agency has transmitted to the
department an itemization of unpaid automated violation penalties,
including administrative fees, pursuant to Section 40520.7, and
the automated violation penalty and administrative fee have not
been paid pursuant to Section 40520.5, unless the full amount of
all outstanding automated violation penalties and administrative
fees, as shown by records of the department, are paid to the
department at the time of application for renewal.

(b) The department shall renew the registration of a vehicle if
the applicant provides the department with the notice of the
disposition of the automated violation or violations, clearing all
outstanding automated penalties and administrative fees, as shown
by the records of the department, and the applicant has met all
other requirements for registration.

(c) The department shall not refuse to renew the registration of
a vehicle if the automated violation occurred prior to the date that
the registered owner or lessee took possession of the vehicle.

begin insert 4781. end insert   

The department shall include on each vehicle registration
renewal notice issued for use at the time of renewal, or on an
accompanying document, an itemization of unpaid automated
violation penalties, including administrative fees, the amounts of
the penalties and fees, the jurisdiction that issued the notice of
automated violation, and the date of the automated violation, that
the registered owner or lessee is required to pay pursuant to
Section 4780.

begin insert 4782. end insert   

The department shall remit all automated violation
penalties and administrative fees collected, after deducting the
administrative fee authorized by Section 4783, for each notice of
delinquent automated violation for which automated penalties and
administrative fees have been collected pursuant to Section 4780,
to each jurisdiction in the amounts due to each jurisdiction
according to its unadjudicated notices of delinquent automated
violation. Within 45 days from the time penalties are recorded by
the department, the department shall inform each jurisdiction
which of its notices of delinquent automated violation have been
discharged.

begin insert 4783. end insert   

The department shall assess a fee for the recording of
the notice of delinquent automated violation, which is given to the
department pursuant to Section 40520.7 in an amount, as
determined by the department, that is sufficient to provide a total
amount equal to its actual costs of administering Sections 4780,
4781, and 4782.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12810.1 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12810.1. end insert   

(a) A violation point shall be imposed, in accordance
with Section 12810, for an automated violation that is cited as a
civil violation under Section 40518, and is not canceled or
dismissed under Section 40518.5, against either of the following:

(1) The registered owner of the vehicle, if the registered owner
was the driver of the vehicle at the time the automated violation
occurred.

(2) The driver of the vehicle at the time the automated violation
occurred, who is validly identified as the driver.

(b) Notwithstanding any other law, although the registered
owner of a vehicle is liable for payment of a civil penalty for an
automated violation pursuant to subdivision (b) of Section 40518,
a violation point shall not be imposed against the registered owner
of a vehicle for an automated violation if both of the following
apply:

(1) The registered owner was not the driver of the vehicle at
the time the automated violation occurred.

(2) The registered owner is unable to validly identify the person
who was the driver of the vehicle at the time the automated
violation occurred.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 21455.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21455.5.  

(a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop,
may be equipped with an automated traffic enforcement system if
the governmental agency utilizing the system meets all of the
following requirements:

(1) Identifies the system by signs posted within begin delete 200 end delete begin insert 500 end insert feet of
an intersection where a system is operating that clearly indicate
the system’s presence and are visible to traffic approaching from
all directions in which the automated traffic enforcement system
is being utilized to issue begin delete citations end delete begin insert notices of automated violation end insert .
A governmental agency utilizing such a system does not need to
post signs visible to traffic approaching the intersection from
directions not subject to the automated traffic enforcement system.
Automated traffic enforcement systems installed as of January 1,
2013, shall be identified no later than January 1, 2014.

(2)  begin delete Locates end delete begin insert Installs end insert the system at an intersection and ensures
that the system meets the criteria specified in Section 21455.7.

(b) Prior to issuing begin delete citations end delete begin insert notices of automated violation end insert
under this section, a local begin delete jurisdiction end delete begin insert authority end insert utilizing an
automated traffic enforcement system shall commence a program
to issue only warning notices for 30 days. The local begin delete jurisdiction
shall end delete begin insert authority end insert also begin insert shall end insert make a public announcement of the
automated traffic enforcement system at least 30 days prior to the
commencement of the enforcement program.

(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated traffic enforcement
system. A governmental agency that operates an automated traffic
enforcement system shall do all of the following:

(1) Develop uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establish procedures to ensure compliance with
those guidelines. For systems installed as of January 1, 2013, a
governmental agency that operates an automated traffic
enforcement system shall establish those guidelines by January 1,
2014.

(2) Perform administrative functions and day-to-day functions,
including, but not limited to, all of the following:

(A) Establishing guidelines for the selection of a location. Prior
to installing an automated traffic enforcement system after January
1, 2013, the governmental agency shall make and adopt a finding
of fact establishing that the system is needed at a specific location
for reasons related to safety.

(B) Ensuring that the equipment is regularly inspected.

(C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.

(D) Regularly inspecting and maintaining warning signs placed
begin delete under end delete begin insert in accordance with end insert paragraph (1) of subdivision (a).

(E) Overseeing the establishment or change of signal phases
and the timing thereof.

(F) Maintaining controls necessary to ensure that only those
begin delete citations end delete begin insert notices of automated violation end insert that have been reviewed
and approved by law enforcement are delivered to violators.

(d) The activities listed in subdivision (c) that relate to the
operation of the system may be contracted out by the governmental
agency, if it maintains overall control and supervision of the
system. However, the activities listed in paragraph begin delete (1) of, end delete begin insert (1), end insert and
subparagraphs (A), (D), (E), and (F) of paragraph begin delete (2) of, end delete begin insert (2), of end insert
subdivision (c) shall not be contracted out to the manufacturer or
supplier of the automated traffic enforcement system.

(e) The printed representation of computer-generated
information, video, or photographic images stored by an automated
traffic enforcement system does not constitute an out-of-court
hearsay statement by a declarant under Division 10 (commencing
with Section 1200) of the Evidence Code.

(f) (1) Notwithstanding Section 6253 of the Government Code,
or any other law, photographic records made by an automated
traffic enforcement system begin delete shall be end delete begin insert are end insert confidential, and shall be
made available only to governmental agencies and law enforcement
agencies and only for the purposes of 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 begin delete citation end delete begin insert notice of automated violation end insert ,
whichever date is later, after which time the information shall be
destroyed in a manner that will preserve the confidentiality of any
person included in the record or information.

(g) Notwithstanding subdivision (f), the registered owner or any
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 of the alleged violation.

(h) (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic enforcement
equipment shall not include provision for the payment or
compensation to the manufacturer or supplier based on the number
of begin delete citations end delete begin insert notices of automated violation end insert generated, or as a
percentage of the revenue generated, as a result of the use of the
equipment authorized under this section.

(2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.

(3) A governmental agency that proposes to install or operate
an automated traffic enforcement system shall not consider revenue
generation, beyond recovering its actual costs of operating the
system, as a factor when considering whether or not to install or
operate a system within its begin delete local end delete jurisdiction.

(i) A manufacturer or supplier that operates an automated traffic
enforcement system pursuant to this section shall, in cooperation
with the governmental agency, submit an annual report to the
Judicial Council that includes, but is not limited to, all of the
following information if this information is in the possession of,
or readily available to, the manufacturer or supplier:

(1) The number of alleged violations captured by the systems
begin delete they operate. end delete begin insert the manufacturer or supplier operates. end insert

(2) The number of begin delete citations end delete begin insert notices of automated violation end insert issued
by a law enforcement agency based on information collected from
the automated traffic enforcement system.

(3) For begin delete citations end delete begin insert notices of automated violation end insert identified in
paragraph (2), the number of violations that involved traveling
straight through the intersection, turning right, and turning left.

(4) The number and percentage of begin delete citations end delete begin insert notices of automated
violation end insert that are dismissed by the court.

(5) The number of traffic collisions at each intersection that
occurred prior to, and after the installation of, the automated traffic
enforcement system.

(j) If a governmental agency utilizing an automated traffic
enforcement system has posted signs on or before January 1, 2013,
that met the requirements of paragraph (1) of subdivision (a) of
this section, as it read on January 1, 2012, the governmental agency
shall not remove those signs until signs are posted that meet the
requirements specified in this section, as it reads on January 1,
2013.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 22451 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

22451.  

(a) The driver of any vehicle or pedestrian approaching
a railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:

(1) A clearly visible electric or mechanical signal device or a
begin delete flagman end delete begin insert flagperson end insert gives warning of the approach or passage of
a train or car.

(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.

(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.

(c) Whenever a railroad or rail transit crossing is equipped with
an automated begin insert traffic end insert enforcement system, a notice of begin delete a end delete begin insert an
automated end insert violation of this section is subject to the procedures
provided in Section 40518.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 40518 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

begin delete

40518.  

(a) Whenever a

end delete

begin insert

begin insert 40518. end insert   

end insert begin insert

(a) Notwithstanding any other law, a violation of
Section 21453, 21455, 22101, or 22451 that is recorded by an
automated traffic enforcement system authorized pursuant to
Section 21455.5 or 22451 shall be subject only to a civil penalty
as provided in subdivision (f).

end insert

begin insert (b) end insert begin insert   end insert begin insert A end insert written notice begin delete to appear has been end delete begin insert of automated violation
shall be end insert 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 begin delete 22451, or, based on an
alleged violation of Section end delete 21453, 21455, begin insert 22101, end insert or begin delete 22101 end delete begin insert 22451 end insert
recorded by an automated traffic 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 begin delete service, an exact end delete begin insert service. Except
as provided in paragraph (1) of subdivision (b) of Section 40520, end insert
and begin delete legible duplicate copy end delete begin insert Section 40518.5, the registered owner end insert
of the begin delete notice when filed with the magistrate end delete begin insert vehicle end insert shall begin delete constitute
a complaint to which end delete begin insert be liable for payment of any civil penalty
assessed for end insert the begin delete defendant may enter a plea. Preparation and
delivery of a notice end delete begin insert automated violation if the registered owner is
unable end insert to begin delete appear pursuant to this section is not an arrest. end delete begin insert identify
the person who was the driver of the vehicle at the time of the
automated violation. end insert

begin insert

(c) The written notice of automated violation issued shall include
all of the following:

end insert begin delete

(b)

end delete

(1) A begin delete notice end delete begin insert reference end insert to begin delete appear shall contain the name end delete begin insert this
section end insert and begin delete address end delete begin insert each end insert of the begin delete 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. If, after the notice to
appear has been issued, the citing peace officer or qualified
employee of a law enforcement agency determines that, in the
interest of justice, the citation or notice should be dismissed, the
citing agency may recommend, in writing, to the magistrate or the
judge end delete begin insert following sections end insert that begin delete the case be dismissed. The
recommendation shall cite the reasons for the recommendation
and be filed with the court. If the magistrate or judge makes a
finding that there are grounds for dismissal, the finding shall be
entered on the record and the infraction dismissed. end delete begin insert was violated: end insert

begin insert

(A) Section 21453, failure to stop at a steady circular red signal
or a steady red arrow signal.

end insert begin insert

(B) Section 21455, failure to stop at an official traffic control
signal.

end insert begin insert

(C) Section 22101, failure to properly respond to an official
traffic control device.

end insert begin insert

(D) Section 22451, failure to stop or properly respond at a
railroad or rail transit crossing.

end insert

(2)  begin delete A notice to appear shall also contain all end delete begin insert The name and
address end insert of the begin delete following information: end delete begin insert registered owner of the
vehicle and the license plate number of the vehicle. end insert

begin delete

(A)

end delete

begin insert (3) end insert  The methods by which the registered owner of the vehicle
or the alleged violator may view and discuss with the issuing
agency, both by telephone and in person, the evidence used to
substantiate the violation.

begin delete

(B)

end delete

begin insert (4) end insert  The contact information of the issuing agency.

begin insert

(5) The amount of the civil penalty due for that violation, the
address of the person authorized to receive a deposit of the civil
penalty, a statement in bold print that payments of the civil penalty
for the automated violation may be sent through the mail, and
instructions on obtaining information on the procedures to contest
the notice of automated violation.

end insert begin delete

(c)

end delete

begin insert (d) end insert  (1) This section and Section 40520 do not preclude the
issuing agency or the manufacturer or supplier of the automated
traffic enforcement system from mailing a notice of nonliability
to the registered owner of the vehicle or the alleged violator prior
to issuing a notice begin delete to appear. end delete begin insert of automated violation. end insert The notice
of nonliability shall be substantively identical to the following
form:

PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE
INSERTED

[3 pages]

(2) The form specified in paragraph (1) may be translated to
other languages.

begin delete

(d)

end delete

begin insert (e) end insert  A manufacturer or supplier of an automated traffic
enforcement system or the governmental agency operating the
system shall not alter the notice begin delete to appear end delete begin insert of automated violation end insert
or any other form approved by the Judicial Council. If a form is
found to have been materially altered, the citation based on the
altered form may be dismissed.

begin insert

(f) The amount of the civil penalty for an automated violation
that is recorded and cited under this section is an amount equal
to one-half the total bail for a violation of Section 21453, 21455,
22101, or 22451, as the case may be, as set forth in the uniform
countywide schedule of bail. 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.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 40518.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 40518.5. end insert   

(a) For a period of 21 calendar days from the
issuance of a notice of automated violation or 14 calendar days
from the mailing of a notice of delinquent automated violation, a
person may request an initial review of the notice by the issuing
agency. The request may be made by telephone, in writing, or in
person. There shall be no charge for this review. If, following the
initial review, the issuing agency is satisfied that the violation did
not occur, that the registered owner was not responsible for the
violation, or that extenuating circumstances make dismissal of the
citation appropriate in the interest of justice, the issuing agency
shall cancel the notice of automated violation or notice of
delinquent automated violation. The issuing agency shall advise
the processing agency, if any, of the cancellation. The issuing
agency or the processing agency shall mail the results of the initial
review to the person contesting the notice.

(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of
the results of the issuing agency’s initial review. The request may
be made by telephone, in writing, or in person. The person
requesting an administrative hearing shall deposit the amount of
the civil penalty with the processing agency. The issuing agency
shall adopt a written procedure to allow a person to request an
administrative hearing without payment of the civil penalty upon
satisfactory proof of an inability to pay the amount due. Notice of
this procedure shall be provided to all persons requesting an
administrative hearing. The administrative hearing shall be held
within 90 calendar days following the receipt of a request for an
administrative hearing. The person requesting the hearing may
request one continuance, not to exceed 21 calendar days.

(c) The administrative hearing process shall include the
following:

(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be
conducted within the jurisdiction of the issuing agency.

(2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility
for the automated violation without the necessity of the appointment
of a guardian. The processing agency may proceed against the
minor in the same manner as against an adult.

(3) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent,
objective, fair, and impartial review of contested automated
violations.

(4) (A) The issuing agency’s governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners
to conduct the administrative hearings. Examiners shall
demonstrate those qualifications, training, and objectivity
necessary to conduct a fair and impartial review. The examiner
shall be separate and independent from the citation collection or
processing function. An examiner’s continued employment,
performance evaluation, compensation, and benefits shall not,
directly or indirectly, be linked to the amount of civil penalties
collected by the examiner.

(B) Examiners shall have a minimum of 20 hours of training.
The examiner is responsible for the costs of the training. The
issuing agency may reimburse the examiner for those costs.
Training may be provided through (i) an accredited college or
university, (ii) a program conducted by the Commission on Peace
Officer Standards and Training, (iii) American Arbitration
Association or a similar established organization, or (iv) through
any program approved by the governing board of the issuing
agency, including a program developed and provided by, or for,
the agency. Training programs may include topics relevant to the
administrative hearing, including, but not limited to, applicable
laws and regulations, enforcement procedures, due process,
evaluation of evidence, hearing procedures, and effective oral and
written communication. Upon the approval of the governing board
of the issuing agency, up to 12 hours of relevant experience may
be substituted for up to 12 hours of training. In addition, up to
eight hours of the training requirements described in this
subparagraph may be credited to an individual, at the discretion
of the governing board of the issuing agency, based upon training
programs or courses described in (i) to (iv), inclusive, that the
individual attended within the last five years.

(5) The issuing agency shall not be required to produce any
evidence other than the notice of automated violation or copy
thereof, including the photograph of the vehicle’s license plate,
and information received from the Department of Motor Vehicles
identifying the registered owner of the vehicle. The documentation
in proper form shall be prima facie evidence of the violation.

(6) The examiner’s decision following the administrative hearing
may be personally delivered to the person by the examiner or sent
by first-class mail.

(7) Following a determination by the examiner that a person
has committed the violation, the examiner may, consistent with
the written guidelines established by the issuing agency, allow
payment of the civil penalty in installments, or an issuing agency
may allow for deferred payment or allow for payments in
installments, if the person provides evidence satisfactory to the
examiner or the issuing agency, as the case may be, of an inability
to pay the civil penalty in full. If authorized by the governing board
of the issuing agency, the examiner may permit the performance
of community service in lieu of payment of the civil penalty.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 40518.6 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 40518.6. end insert   

(a) Within 20 days after the mailing of the final
decision described in subdivision (b) of Section 40518.5, the
contestant may seek review by filing an appeal to the superior
court, where the same shall be heard de novo, except that the
contents of the issuing agency’s file in the case on appeal shall be
received in evidence. A copy of the notice of automated violation
shall be admitted into evidence as prima facie evidence of the facts
stated in the notice. A copy of the notice of appeal shall be served
in person or by first-class mail upon the issuing agency by the
contestant. For purposes of computing the 20-day period, Section
1013 of the Code of Civil Procedure shall be applicable. A
proceeding under this subdivision is a limited civil case.

(b) The fee for filing the notice of appeal shall be as provided
for in subdivision (b) of Section 70613 of the Government Code.
If the appellant prevails, this fee, together with any deposit of
automated violation penalty, shall be promptly refunded by the
issuing agency in accordance with the judgment of the court.

(c) The conduct of the hearing on appeal under this section is
a subordinate judicial duty that may be performed by a
commissioner or other subordinate judicial official at the direction
of the presiding judge of the court.

(d) If a notice of appeal of the issuing agency’s decision is not
filed within the period set forth in subdivision (a), the decision
shall be deemed final.

(e) If the automated violation penalty has not been deposited
and the decision is adverse to the contestant, the issuing agency
may, promptly after the decision becomes final, proceed to collect
the penalty under Section 40520.6.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 40520 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

40520.  

(a) A notice begin delete to appear end delete begin insert of automated violation end insert issued
pursuant to Section 40518 for an alleged violation recorded by an
automatic enforcement system shall contain, or be accompanied
by, an affidavit of nonliability and information as to what
constitutes nonliability, information as to the effect of executing
the affidavit, and instructions for returning the affidavit to the
issuing agency.

(b) (1) If a notice begin delete to appear end delete begin insert of automated violation end insert is sent to a
car rental or leasing company, as the registered owner of the
vehicle, the company may return the notice of nonliability pursuant
to paragraph (2), if the begin insert automated end insert violation occurred when the
vehicle was either leased or rented and operated by a person other
than an employee of the rental or leasing company.

(2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of
the notice begin delete to appear end delete begin insert of automated violation end insert together with the proof
of a written rental agreement or lease between a bona fide renting
or leasing company and its customer and that agreement identifies
the renter or lessee and provides the driver’s license number, name,
and address of the renter or lessee, the agency shall cancel the
notice begin delete for end delete begin insert of automated violation to end insert the registered owner begin delete to appear end delete
and shall, instead, issue a notice begin delete to appear to end delete begin insert of automated violation
to end insert the renter or lessee identified in the affidavit of nonliability.

(c) Nothing in this section precludes an issuing agency from
establishing a procedure begin delete whereby end delete begin insert by which end insert registered owners,
other than bona fide renting and leasing companies, may execute
an affidavit of nonliability if the registered owner identifies the
person who was the driver of the vehicle at the time of the alleged
violation and begin delete whereby end delete the issuing agency issues a notice begin delete to appear
to end delete begin insert of automated violation to end insert that person.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 40520.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 40520.5. end insert   

(a) If the payment of the automated violation penalty
is not received by the person authorized to receive a deposit of the
penalty by the time and date fixed for appearance on the notice of
automated violation under Section 40518, the issuing agency may
assess a delinquent fee and shall serve or mail to the registered
owner a notice of delinquent automated violation.

(b) Delivery of a notice of delinquent automated violation under
this section may be made by personal service or by first-class mail
addressed to the registered owner.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 40520.6 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 40520.6. end insert   

The notice of delinquent automated violation shall
contain the information specified in Section 40518 and shall
additionally contain a notice to the registered owner that unless
the registered owner pays the automated violation penalty or
contests the notice within 15 days after mailing of the notice of
delinquent automated violation or completes and files an affidavit
of nonliability which complies with Section 40520, the renewal of
the vehicle registration shall be contingent upon compliance with
the notice of delinquent automated violation. If the registered
owner, by appearance or by mail, makes payment to the issuing
agency within 15 days of the mailing of the notice of delinquent
automated violation, the penalty shall consist of the amount of the
original penalty and the delinquent administrative fee.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 40520.7 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 40520.7. end insert   

The issuing agency may file an itemization of unpaid
automated violation penalties and administrative fees with the
department for collection with the registration of the vehicle
pursuant to Section 4780.

end insert

begin delete

SECTION 1.  

Section 21455.5 of the Vehicle Code is amended
to read:

21455.5.  

(a) The limit line, the intersection, or a place
designated in Section 21455, where a driver is required to stop,
may be equipped with an automated traffic enforcement system if
the governmental agency utilizing the system meets all of the
following requirements:

(1) Identifies the system by signs posted within 200 feet of an
intersection where a system is operating that clearly indicate the
system’s presence and are visible to traffic approaching from all
directions in which the automated traffic enforcement system is
being utilized to issue citations. A governmental agency utilizing
such a system does not need to post signs visible to traffic
approaching the intersection from directions not subject to the
automated traffic enforcement system. Automated traffic
enforcement systems installed as of January 1, 2013, shall be
identified no later than January 1, 2014.

(2) Locates the system at an intersection and ensures that the
system meets the criteria specified in Section 21455.7.

(b) Prior to issuing citations under this section, a local authority
utilizing an automated traffic enforcement system shall commence
a program to issue only warning notices for 30 days. The local
authority also shall make a public announcement of the automated
traffic enforcement system at least 30 days prior to the
commencement of the enforcement program.

(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated traffic enforcement
system. A governmental agency that operates an automated traffic
enforcement system shall do all of the following:

(1) Develop uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establish procedures to ensure compliance with
those guidelines. For systems installed as of January 1, 2013, a
governmental agency that operates an automated traffic
enforcement system shall establish those guidelines by January 1,
2014.

(2) Perform administrative functions and day-to-day functions,
including, but not limited to, all of the following:

(A) Establishing guidelines for the selection of a location. Prior
to installing an automated traffic enforcement system after January
1, 2013, the governmental agency shall make and adopt a finding
of fact establishing that the system is needed at a specific location
for reasons related to safety.

(B) Ensuring that the equipment is regularly inspected.

(C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.

(D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).

(E) Overseeing the establishment or change of signal phases
and the timing thereof.

(F) Maintaining controls necessary to ensure that only those
citations that have been reviewed and approved by law enforcement
are delivered to violators.

(d) The activities listed in subdivision (c) that relate to the
operation of the system may be contracted out by the governmental
agency, if it maintains overall control and supervision of the
system. However, the activities listed in paragraph (1), and
subparagraphs (A), (D), (E), and (F) of paragraph (2), of
subdivision (c) shall not be contracted out to the manufacturer or
supplier of the automated traffic enforcement system.

(e) The printed representation of computer-generated
information, video, or photographic images stored by an automated
traffic enforcement system does not constitute an out-of-court
hearsay statement by a declarant under Division 10 (commencing
with Section 1200) of the Evidence Code.

(f) (1) Notwithstanding Section 6253 of the Government Code,
or any other law, photographic records made by an automated
traffic enforcement system are confidential, and shall be made
available only to governmental agencies and law enforcement
agencies and only for the purposes of 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, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record
or information.

(g) Notwithstanding subdivision (f), the registered owner or any
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 of the alleged violation.

(h) (1) A contract between a governmental agency and a
manufacturer or supplier of automated traffic enforcement
equipment shall not include 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.

(2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.

(3) A governmental agency that proposes to install or operate
an automated traffic enforcement system shall not consider revenue
generation, beyond recovering its actual costs of operating the
system, as a factor when considering whether or not to install or
operate a system within its jurisdiction.

(i) A manufacturer or supplier that operates an automated traffic
enforcement system pursuant to this section shall, in cooperation
with the governmental agency, submit an annual report to the
Judicial Council that includes, but is not limited to, all of the
following information if this information is in the possession of,
or readily available to, the manufacturer or supplier:

(1) The number of alleged violations captured by the systems
the manufacturer or supplier operates.

(2) The number of citations issued by a law enforcement agency
based on information collected from the automated traffic
enforcement system.

(3) For citations identified in paragraph (2), the number of
violations that involved traveling straight through the intersection,
turning right, and turning left.

(4) The number and percentage of citations that are dismissed
by the court.

(5) The number of traffic collisions at each intersection that
occurred prior to, and after the installation of, the automated traffic
enforcement system.

(j) If a governmental agency utilizing an automated traffic
enforcement system has posted signs on or before January 1, 2013,
that met the requirements of paragraph (1) of subdivision (a) of
this section, as it read on January 1, 2012, the governmental agency
shall not remove those signs until signs are posted that meet the
requirements specified in this section, as it reads on January 1,
2013.

end delete