BILL NUMBER: AB 666 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Wieckowski
FEBRUARY 21, 2013
An act to amend Section 21455.5 of the Vehicle Code,
relating to vehicles. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 666, as amended, Wieckowski. Automated traffic enforcement
systems. systems: violations.
(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.
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.
(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.
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.
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.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 212 is added to the
Vehicle Code , to read:
212. 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.
SEC. 2. Article 6.6 (commencing with Section 4780)
is added to Chapter 1 of Division 3 of the Vehicle Code
, to read:
Article 6.6. Refusal of Registration for Nonpayment of
Automated Violation Penalties
4780. (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.
4781. 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.
4782. 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.
4783. 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.
SEC. 3. Section 12810.1 is added to the
Vehicle Code , to read:
12810.1. (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.
SEC. 4. 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
500 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 notices of automated violation . 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 Installs the system at
an intersection and ensures that the system meets the criteria
specified in Section 21455.7.
(b) Prior to issuing citations notices of
automated violation under this section, a local
jurisdiction authority utilizing an automated
traffic enforcement system shall commence a program to issue only
warning notices for 30 days. The local jurisdiction shall
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 in accordance with 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 notices of automated violation
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) of,
(1), and subparagraphs (A), (D), (E), and (F) of
paragraph (2) of, (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 shall be 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 notice of
automated violation , 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
notices of automated violation 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 local 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
they operate. the manufacturer or supplier
operates.
(2) The number of citations notices of
automated violation issued by a law enforcement agency based on
information collected from the automated traffic enforcement system.
(3) For citations notices of automated
violation 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
notices of automated violation 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.
SEC. 5. Section 22451 of the Vehicle
Code is amended to read:
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
flagman flagperson 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 traffic enforcement system, a notice of
a an automated violation of this
section is subject to the procedures provided in Section 40518.
SEC. 6. Section 40518 of the Vehicle
Code is amended to read:
40518. (a) Whenever a
40518. (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).
(b) A written notice to
appear has been of automated violation
shall be issued by a peace officer or by a qualified employee
of a law enforcement agency on a form approved by the Judicial
Council for an alleged violation of Section 22451, or, based
on an alleged violation of Section 21453, 21455,
22101, or 22101 22451 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 service, an exact
service. Except as provided in paragraph (1) of subdivision (b) of
Section 40520, and legible duplicate copy
Section 40518.5, the registered owner of the
notice when filed with the magistrate vehicle
shall constitute a complaint to which be
liable for payment of any civil penalty assessed for the
defendant may enter a plea. Preparation and delivery of a
notice automated violation if the registered owner is
unable to appear pursuant to this section is not an
arrest. identify the person who was the driver of the
vehicle at the time of the automated violation.
(c) The written notice of automated violation issued shall include
all of the following:
(b)
(1) A notice reference to
appear shall contain the name this section and
address each of the person,
the license plate number of the person's vehicle, the violation
charged, including a description of the offense, and the time and
place when, and where, the person may appear in court or before a
person authorized to receive a deposit of bail. The time specified
shall be at least 10 days after the notice to appear is delivered.
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 following sections that
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. was violated:
(A) Section 21453, failure to stop at a steady circular red signal
or a steady red arrow signal.
(B) Section 21455, failure to stop at an official traffic control
signal.
(C) Section 22101, failure to properly respond to an official
traffic control device.
(D) Section 22451, failure to stop or properly respond at a
railroad or rail transit crossing.
(2) A notice to appear shall also contain all
The name and address of the following
information: registered owner of the vehicle and the
license plate number of the vehicle.
(A)
(3) 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.
(B)
(4) The contact information of the issuing agency.
(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.
(c)
(d) (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 to appear. of automated
violation. The notice of nonliability shall be substantively
identical to the following form: GRAPHIC INSERT HERE: SEE
PRINTED VERSION OF THE BILL]
(2) The form specified in paragraph (1) may be translated to other
languages.
(d)
(e) A manufacturer or supplier of an automated traffic
enforcement system or the governmental agency operating the system
shall not alter the notice to appear of
automated violation 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.
(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.
SEC. 7. Section 40518.5 is added to the
Vehicle Code , to read:
40518.5. (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.
SEC. 8. Section 40518.6 is added to the
Vehicle Code , to read:
40518.6. (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.
SEC. 9. Section 40520 of the Vehicle
Code is amended to read:
40520. (a) A notice to appear of automated
violation 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 to appear of automated
violation 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 automated
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 to appear of automated violation
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 for of
automated violation to the registered owner to appear
and shall, instead, issue a notice to appear to
of automated violation to the renter or lessee
identified in the affidavit of nonliability.
(c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby by which
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 whereby the
issuing agency issues a notice to appear to
of automated violation to that person.
SEC. 10. Section 40520.5 is added to the
Vehicle Code , to read:
40520.5. (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.
SEC. 11. Section 40520.6 is added to the
Vehicle Code , to read:
40520.6. 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.
SEC. 12. Section 40520.7 is added to
the Vehicle Code , to read:
40520.7. 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.
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.