California Legislature—2015–16 Regular Session

Assembly BillNo. 1160


Introduced by Assembly Member Harper

February 27, 2015


An act to amend Section 21455.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1160, as introduced, Harper. Vehicles: automated traffic enforcement systems.

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, as defined, 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, that include, among other things, establishing guidelines for selection of the location of the system.

This bill would, beginning January 1, 2016, prohibit a governmental agency from installing an automated traffic enforcement system. The bill would authorize a governmental agency that is operating an automatic traffic enforcement system on that date to continue to do so after that date only if the agency begins conducting a traffic safety study on or before February 28, 2016, at each intersection where a system is in use to determine whether the use of the system resulted in a reduction in the number of traffic accidents at that intersection. The bill would require the governmental agency to terminate the use of an automated traffic enforcement system at an intersection no later than January 1, 2018, if the traffic safety study shows that the use of the system did not reduce the number of traffic accidents that occurred at that intersection.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 21455.5 of the Vehicle Code is amended
2to read:

3

21455.5.  

(a) begin deleteThe end deletebegin insertExcept or provided in subdivision (k), the end insert
4limit line, the intersection, or a place designated in Section 21455,
5where a driver is required to stop, may be equipped with an
6automated traffic enforcement system if the governmental agency
7begin delete utilizingend deletebegin insert usingend insert the system meets all of the following requirements:

8(1) Identifies the system by signs posted within 200 feet of an
9intersection where a system is operating that clearly indicate the
10system’s presence and are visible to traffic approaching from all
11directions in which the automated traffic enforcement system is
12beingbegin delete utilizedend deletebegin insert usedend insert to issue citations. A governmental agency
13begin delete utilizing suchend deletebegin insert usingend insert a system does not need to post signs visible
14to traffic approaching the intersection from directions not subject
15to the automated traffic enforcement system. Automated traffic
16enforcement systems installed as of January 1, 2013, shall be
17identified no later than January 1, 2014.

18(2) Locates the system at an intersection and ensures that the
19system meets the criteria specified in Section 21455.7.

20(b) Prior to issuing citations under this section, a local
21jurisdictionbegin delete utilizingend deletebegin insert usingend insert an automated traffic enforcement system
22shall commence a program to issue only warning notices for 30
23days. The local jurisdiction shall also make a public announcement
24of the automated traffic enforcement system at least 30 days prior
25to the commencement of the enforcement program.

26(c) Only a governmental agency, in cooperation with a law
27enforcement agency, may operate an automated traffic enforcement
28system. A governmental agency that operates an automated traffic
29enforcement system shall do all of the following:

30(1) Develop uniform guidelines for screening and issuing
31violations and for the processing and storage of confidential
32begin delete information, and establishend deletebegin insert information. Establishend insert procedures to
33ensure compliance with those guidelines.begin delete For systems installed as
34of January 1, 2013, aend delete
begin insert Aend insert governmental agency that operates an
35automated traffic enforcement systembegin insert installed on or before
P3    1January 1, 2013end insert
shall establish those guidelines by January 1,
22014.

3(2) Perform administrative functions and day-to-day functions,
4including, but not limited to, all of the following:

5(A) Establishing guidelines for the selection of a location.begin delete Prior
6toend delete
begin insert Commencing January 1, 2013, beforeend insert installing an automated
7traffic enforcement systembegin delete after January 1, 2013,end delete the governmental
8agency shall make and adopt a finding of fact establishing that the
9system is needed at a specific location for reasons related to safety.

10(B) Ensuring that the equipment is regularly inspected.

11(C) Certifying that the equipment is properly installed and
12calibrated, and is operating properly.

13(D) Regularly inspecting and maintaining warning signs placed
14begin delete underend deletebegin insert pursuant toend insert paragraph (1) of subdivision (a).

15(E) Overseeing thebegin delete establishment or change of signal phases
16and the timing thereofend delete
begin insert establishment, change, and timing of signal
17phasesend insert
.

18(F) Maintaining controls necessary to ensure that only those
19citations that have been reviewed and approved by law enforcement
20are delivered to violators.

21(d) The activities listed in subdivision (c) that relate to the
22operation of the system may be contracted out by the governmental
23agency, if it maintains overall control and supervision of the
24system. However, the activities listed in paragraph (1) of, and
25 subparagraphs (A), (D), (E), and (F) of paragraph (2) of,
26subdivision (c) shall not be contracted out to the manufacturer or
27supplier of the automated traffic enforcement system.

28(e) The printed representation of computer-generated
29information, video, or photographic images stored by an automated
30traffic enforcement system does not constitute an out-of-court
31hearsay statement by a declarant under Division 10 (commencing
32with Section 1200) of the Evidence Code.

33(f) (1) Notwithstanding Section 6253 of the Government Code,
34or any other law, photographic records made by an automated
35traffic enforcement system shall be confidential, and shall be made
36available only to governmental agencies and law enforcement
37agencies and only for the purposes of this article.

38(2) Confidential information obtained from the Department of
39Motor Vehicles for the administration or enforcement of this article
P4    1shall be held confidential, and shall not be used for any other
2purpose.

3(3) Except for court records described in Section 68152 of the
4Government Code, the confidential records and information
5described in paragraphs (1) and (2) may be retained for up to six
6months from the date the information was first obtained, or until
7final disposition of the citation, whichever date is later, after which
8time the information shall be destroyed in a manner that will
9preserve the confidentiality of any person included in the record
10or information.

11(g) Notwithstanding subdivision (f), the registered owner or any
12individual identified by the registered owner as the driver of the
13vehicle at the time of the alleged violation shall be permitted to
14review the photographic evidence of the alleged violation.

15(h) (1) A contract between a governmental agency and a
16manufacturer or supplier of automated traffic enforcement
17equipment shall not include provision for the payment or
18compensation to the manufacturer or supplier based on the number
19of citations generated, or as a percentage of the revenue generated,
20as a result of the use of the equipment authorized under this section.

21(2) Paragraph (1) does not apply to a contract that was entered
22into by a governmental agency and a manufacturer or supplier of
23automated traffic enforcement equipment before January 1, 2004,
24unless that contract is renewed, extended, or amended on or after
25January 1, 2004.

26(3) A governmental agency that proposes to install or operate
27an automated traffic enforcement system shall not consider revenue
28generation, beyond recovering its actual costs of operating the
29system, as a factor when considering whether or not to install or
30operate a system within its local jurisdiction.

31(i) A manufacturer or supplier that operates an automated traffic
32enforcement system pursuant to this section shall, in cooperation
33with the governmental agency, submit an annual report to the
34Judicial Council that includes, but is not limited to, all of the
35following information if this information is in the possession of,
36or readily available to, the manufacturer or supplier:

37(1) The number of alleged violations captured by the systems
38they operate.

P5    1(2) The number of citations issued by a law enforcement agency
2based on information collected from the automated traffic
3enforcement system.

4(3) For citations identified in paragraph (2), the number of
5violations that involved traveling straight through the intersection,
6turning right, and turning left.

7(4) The number and percentage of citations that are dismissed
8by the court.

9(5) The number of traffic collisions at each intersection that
10occurred prior to, and after the installation of, the automated traffic
11enforcement system.

12(j)  If a governmental agencybegin delete utilizingend deletebegin insert usingend insert an automated traffic
13enforcement system has posted signs on or before January 1, 2013,
14that met the requirements of paragraph (1) of subdivision (a) of
15this sectionbegin delete,end delete as it read on January 1, 2012, the governmental agency
16shall not remove those signs until signs are posted that meet the
17requirements specified in this section, as it reads on January 1,
182013.

begin insert

19(k) (1) Commencing January 1, 2016, a governmental agency
20shall not install an automated traffic enforcement system.

end insert
begin insert

21(2) A governmental agency that is operating an automated traffic
22enforcement system on January 1, 2016, may continue to operate
23the automated traffic enforcement system after that date only if
24the agency begins conducting, on or before February 28, 2016, a
25traffic safety study at each intersection where an automated traffic
26enforcement system is in use to determine whether the use of the
27system resulted in a reduction in the number of traffic accidents
28at that intersection. The traffic safety study shall be conducted
29according to standards consistent with the analysis of data
30approved by the federal National Highway Traffic Safety
31Administration for automated traffic enforcement systems.

end insert
begin insert

32(3) If the traffic safety study shows that the use of an automated
33traffic enforcement system did not reduce the number of traffic
34accidents that occurred at an intersection, the governmental agency
35shall terminate the use of the system at that intersection no later
36than January 1, 2018.

end insert


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