AB 1287, as amended, Chiu. Vehicles: parking violations: cameras.
Existing law, until January 1, 2016, authorizes the City and County of San Francisco (San Francisco) to install automated forward-facing parking control devices on city-owned public transit vehicles for the purpose of video imaging parking violations occurring in transit-only traffic lanes. Existing law subjects a violation of a federal or state statute or regulation, or a San Francisco ordinance, governing parking that is observed in the recordings to a civil penalty.
This bill would instead authorize San Francisco to install forward-facing cameras to record parking violations and
begin delete high-occupancyend delete lane and
intersection obstruction violations. The bill would require begin delete a high-occupancyend delete lane or intersection obstruction violation recorded pursuant to these provisions to be subject to a civil penalty not to exceed $100. The bill would delete the repeal date, thereby extending the operation of these provisions indefinitely.
This bill would, among other things, authorize an issuing agency to assess late payment fees, as specified, if payment of the civil penalty is not received within a specified time. The bill would require the Department of Motor Vehicles to refuse to renew the registration of a vehicle if, among other things, the owner or lessee has not paid the civil penalty and late payment fees, except if he or she pays at the time of application for renewal. The bill would require the department to remit all penalties and late payment fees collected, after deducting administrative fees, to San Francisco.
Existing law provides that payments for specified penalties, including penalties for offenses relating to the parking of a vehicle, required to register or transfer the registration of a vehicle, constitute a lien on the vehicle on which the payments are due or which was involved in the offenses, and on any other vehicle owned by the owner of that vehicle.
This bill would also include payments for penalties for
begin delete high-occupancyend delete lane and intersection obstruction violations issued pursuant to the above-mentioned provisions as
constituting a lien on the specified vehicles.
Existing law transfers the responsibility and authority for the collection of specified delinquent amounts, including penalties for offenses relating to the standing or parking of a vehicle, from the department to the Franchise Tax Board.
This bill would also transfer to the board the responsibility and authority to collect penalties for offenses relating to
begin delete a high-occupancyend delete lane or intersection obstruction violations issued pursuant to the above-mentioned provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 70615 of the Government Code is
2amended to read:
The fee for filing any of the following appeals to the
4superior court is twenty-five dollars ($25):
P3 1(a) An appeal of a local agency’s decision regarding an
2administrative fine or penalty under Section 53069.4.
3(b) An appeal under Section 40230 of the Vehicle Code of an
4administrative agency’s decision regarding a parking violation or
5a violation of Section
begin delete 21655.5, 21655.8, orend delete 22526 of the Vehicle Code pursuant
8to Section 40240 of the Vehicle Code.
9(c) An appeal under Section 99582 of the Public Utilities Code
10of a hearing officer’s determination regarding an administrative
11penalty for fare evasion or a passenger conduct violation.
Section 10878 of the Revenue and Taxation Code is
13amended to read:
(a) Notwithstanding Sections 10877 and 10951, on
15and after July 1, 1993, the responsibility and authority for the
16collection of the following delinquent amounts, and any interest,
17penalties, or service fees added thereto, shall be transferred from
18the department to the Franchise Tax Board:
19(1) Registration fees.
20(2) Transfer fees.
21(3) License fees.
22(4) Use taxes.
23(5) Penalties for offenses relating to the
standing or parking of
24a vehicle for which a notice of parking violation, or for a violation
begin delete 21655.5, 21655.8, orend delete 22526 of the Vehicle Code for which a notice issued
28pursuant to Section 40241 of the Vehicle Code, has been served
29on the owner, and any administrative service fee added to the
31(6) Any court-imposed fine or penalty assessment, and any
32administrative service fee added thereto, that is subject to collection
33by the department.
34(b) Any reference in this part to the department in
35with the duty to collect these amounts shall be deemed a reference
36to the Franchise Tax Board.
37(c) The amounts collected under subdivision (a) may be
38collected in any manner authorized under the law as though they
39were a tax imposed under Part 10 (commencing with Section
4017001) that is final, including, but not limited to, issuance of an
P4 1order and levy under Article 4 (commencing with Section 706.070)
2of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil
3Procedure in the manner provided for earnings withholding order
4for taxes. Part 10 (commencing with Section 17001), 10.2
5(commencing with Section 18401), or 10.7 (commencing with
6Section 21001), or any other applicable law shall apply for this
7purpose in the same manner and with the same force and effect as
8if the language of Part 10, 10.2, or 10.7, or the other applicable
9law is incorporated in full into this authority to collect these
10amounts, except to the extent that the provision is either
11inconsistent with the collection of these amounts or is not relevant
12to the collection of these amounts.
13(d) Even though the amounts authorized by this section are
14collected as though they are taxes, amounts so received by the
15Franchise Tax Board shall be deposited into an appropriate fund
16or account upon agreement between the Franchise Tax Board and
17the department. The amounts shall be distributed by the department
18from the appropriate fund or account in accordance with the laws
19providing for the deposits and distributions as though the moneys
20were received by the department.
21(e) For any collection action under this section, the Franchise
22Tax Board may utilize the contract authorization, procedures, and
23mechanisms available either with respect to the collection of taxes,
24interest, additions to tax, and penalties pursuant to Section 18837
25or 19376, or with respect to the collection of the delinquencies by
26the department immediately prior to the time this section takes
28(f) The Legislature finds that it is essential for fiscal purposes
29that the program authorized by this section be expeditiously
30implemented. Accordingly, Chapter 3.5 (commencing with Section
3111340) of Part 1 of Division 3 of Title 2 of the Government Code
32shall not apply to any standard, criteria, procedure, determination,
33rule, notice, or guideline established or issued by the Franchise
34Tax Board in implementing and administering the program required
35by this section.
36(g) Any standard, criteria, procedure, determination, rule, notice,
37or guideline, that is not subject to the provisions of Chapter 3.5
38(commencing with Section 11340) of Part 1 of Division 3 of Title
392 of the Government Code pursuant to subdivision (f), shall be
40approved by the Franchise Tax Board, itself.
P5 1(h) The Franchise Tax Board may enter into any agreements or
2contracts necessary to implement and administer the provisions
3of this section. The Franchise Tax Board in administering this
4section may delegate collection activities to the department. Any
5contracts may provide for payment of the contract on the basis of
6a percentage of the amount of revenue realized as a result of the
7contractor’s services under that contract. However, the Franchise
8Tax Board, in administering this part, may not enter into contracts
9with private collection agencies as authorized under Section 19377.
Section 9800 of the Vehicle Code is amended to read:
(a) Payments for any of the following, and any interest,
12penalties, or service fees added thereto, required to register or
13transfer the registration of a vehicle, constitute a lien on the vehicle
14on which they are due or which was involved in the offense, and
15on any other vehicle owned by the owner of that vehicle:
16(1) Registration fees.
17(2) Transfer fees.
18(3) License fees.
19(4) Use taxes.
for offenses relating to the standing or parking of
21a vehicle for which a notice of parking violation, or for a violation
begin delete 21655.5, 21655.8, orend delete 22526 begin delete of for which a notice issued pursuant to Section
24the Vehicle Codeend delete
begin delete of the Vehicle Codeend delete, has been served on the owner, and any
26administrative service fee added to the penalty.
27(6) Any court-imposed fine or penalty assessment, and any
28administrative service fee added thereto, which is subject to
29collection by the department.
30(b) Notwithstanding subdivision (a), if a person is cited for a
31foreign registered auxiliary dolly, semitrailer, or trailer having
32been operated without current year registration or valid California
33permits or registration, an amount equal to the minimum
34registration fees or transfer fees, and any penalty added thereto,
35from the date they became due, shall, by election of the power unit
36operator, constitute a lien upon the California registered power
37unit that was pulling the dolly, semitrailer, or trailer. However,
38this subdivision is not applicable if the citation is issued at a scale
39operated by the Department of the California Highway Patrol and
P6 1registration for the vehicle can be issued there immediately upon
2payment of the fees due.
3(c) Every lien arising under this section expires three years from
4the date the fee, tax, parking, or other penalty first became due
5unless the lien is perfected pursuant to subdivision (d).
6(d) A lien is perfected when a notice is mailed to the registered
7and legal owners at the addresses shown in the department’s
8records and the lien is recorded on the electronic vehicle
9registration records of the department. A perfected lien shall expire
10five years from the date of perfection.
11(e) Employees and members of the Department of the California
12Highway Patrol assigned to commercial vehicle scale facilities
13may possess and sell trip permits approved by the Department of
The heading of Article 3.5 (commencing with Section
1640240) of Chapter 1 of Division 17 of the Vehicle Code is amended
Section 40240 of the Vehicle Code is amended to read:
(a) The City and County of San Francisco may install
24forward-facing cameras on city-owned public transit vehicles that
25are part of a public transportation system, as defined by Section
2699211 of the Public Utilities Code, for the purpose of recording
27parking violations and violations of
begin delete Sections 21655.5, 21655.8, 22526. The cameras
30shall be angled and focused so as to record parking violations and
31not unnecessarily capture identifying images of other drivers,
32vehicles, and pedestrians. The cameras shall record the date and
33time of the violation at the same time the violation is recorded.
34(b) (1) A designated employee of the City and County of San
35Francisco, who is qualified by the city and county to issue citations,
36shall review the camera recordings for the purpose of determining
37whether a parking violation or a violation of Section
begin delete 21655.5, 22526 occurred. A
3821655.8, orend delete
40violation of a statute, regulation, or ordinance governing vehicle
P7 1parking under this code, under a federal or state statute or
2regulation, or under an ordinance enacted by the City and County
3of San Francisco, or a violation of Section
begin delete 21655.5, 21655.8, orend delete
4 22526, observed by the designated
6employee in the recordings is subject to a civil penalty.
7(2) Notwithstanding any other law, a violation of Section
begin delete 21655.5, 21655.8, orend delete 22526 that is recorded
10pursuant to this section shall be subject to a civil penalty that shall
11not exceed one hundred dollars ($100), which shall be remitted to
12the City and County of San Francisco.
13(c) The registered owner, or an individual identified by the
14registered owner as the driver of the vehicle at the time of the
15alleged violation, shall be permitted to review the recorded
16evidence of the alleged violation during normal business hours at
18(d) (1) Except as it may be included in court records described
19in Section 68152 of the Government Code, or as provided in
20paragraph (2), the recorded evidence may be retained for up to six
21months from the date the information was first obtained, or 60
22days after final disposition of the citation, whichever date is later,
23after which time the information shall be destroyed.
24(2) Notwithstanding Section 26202.6 of the Government Code,
25recorded evidence from forward-facing cameras that does not
26contain evidence of a parking violation or a violation of Section
begin delete 21655.5, 21655.8, orend delete 22526 shall be
29destroyed within 15 days after the information was first obtained.
30(e) Notwithstanding Section 6253 of the Government Code, or
31any other law, the camera recordings are confidential. Public
32agencies shall use and allow access to these records only for the
33purposes authorized by this article.
34(f) For purposes of this article, “local agency” means the City
35and County of San Francisco.
Section 40241 of the Vehicle Code is amended to read:
(a) A designated employee of the local agency shall
38issue a notice of violation to the registered owner of a vehicle
39within 15 calendar days of the date of the violation. The notice of
40violation shall set forth the violation of a statute, regulation, or
P8 1ordinance governing vehicle parking under this code, under a
2federal or state statute or regulation, or under an ordinance enacted
3by the City and County of San Francisco, or a violation of Section
begin delete 21655.5, 21655.8, orend delete
22526, a statement
6indicating that payment is required within 21 calendar days from
7the date of citation issuance, and the procedure for the registered
8owner, lessee, or rentee to deposit the penalty or contest the citation
9pursuant to Section 40215. The notice of violation shall also set
10forth the date, time, and location of the violation, the vehicle license
11number, registration expiration date if visible, the color of the
12vehicle, and, if possible, the make of the vehicle. The notice of
13violation, or copy of the notice, shall be considered a record kept
14in the ordinary course of business of the City and County of San
15Francisco and shall be prima facie evidence of the facts contained
16in the notice. The City and County of San Francisco shall send
17information regarding the process for requesting review of the
18recorded evidence along with the notice of violation.
19(b) The notice of violation shall be served by depositing the
20notice in the United States mail to the registered owner’s last
21known address listed with the Department of Motor Vehicles.
22Proof of mailing demonstrating that the notice of violation was
23mailed to that address shall be maintained by the local agency. If
24the registered owner, by appearance or by mail, makes payment
25to the processing agency or contests the violation within either 21
26calendar days from the date of mailing of the citation, or 14
27calendar days after the mailing of the notice of delinquent violation,
28the penalty shall consist solely of the amount of the original
30(c) If, within 21 days after the notice of violation is issued, the
31local agency determines that, in the interest of justice, the notice
32of violation should be canceled, the local agency shall cancel the
33notice of violation pursuant to subdivision (a) of Section 40215.
34The reason for the cancellation shall be set forth in writing.
35(d) Following an initial review by the local agency, and an
36administrative hearing, pursuant to Section 40215, a contestant
37may seek court review by filing an appeal of a parking violation
38or a violation of Section
begin delete 21655.5, 21655.8, orend delete 22526 following the procedures for appeals of parking
2violations set forth in Section 40230.
3(e) The City and County of San Francisco may contract with a
4private vendor for the processing of notices of violations and
5notices of delinquent violations. The City and County of San
6Francisco shall maintain overall control and supervision of the
Section 40242 of the Vehicle Code is repealed.
Section 40242 is added to the Vehicle Code, to read:
(a) If payment of the penalty is not received by the
11person authorized to receive a deposit of the penalty by the time
12and date fixed on the notice of violation under Section 40241, the
13issuing agency may assess late payment fees in an amount as
14determined by the issuing agency, and shall serve or mail to the
15registered owner a notice of delinquent violation.
16(b) Delivery of a notice of delinquent violation under this section
17may be made by personal service or by first-class mail addressed
18to the registered owner.
19(c) The notice of delinquent violation shall contain a notice to
20the registered owner that, unless the registered owner pays the
21penalty or contests the notice within 15 days after mailing of the
22notice of delinquent violation, the renewal of the vehicle
23registration shall be contingent upon compliance with the notice
24of delinquent violation. If the registered owner, by appearance or
25by mail, makes payment to the issuing agency within 15 days of
26the mailing of the notice of delinquent violation, the penalty shall
27consist of the amount of the original penalty and any late payment
Section 40243 of the Vehicle Code is repealed.
Section 40243 is added to the Vehicle Code, to read:
(a) (1) Except as provided in subdivisions (b) and (d),
32the department shall refuse to renew the registration of a vehicle
33if the registered owner or lessee has been mailed a notice of
34delinquent violation, the processing agency has filed or
35electronically transmitted to the department an itemization of
36unpaid violation penalties, including late payment fees, and the
37owner or lessee has not paid the violation penalty and late payment
38fees, unless he or she pays to the department, at the time of
39application for renewal, the full amount of all outstanding penalties,
40late payment fees, and any administrative fee assessed by the
P10 1department pursuant to subdivision (b) of Section 40244, as shown
2by records of the department.
3(2) When the department receives the full amount of all
4outstanding violation penalties, late payment fees, and
5administrative fees pursuant to paragraph (1), the department shall
6issue a receipt showing each penalty, late payment fee, and
7administrative fee that has been paid, the processing agency for
8those penalties and fees, and a description of the vehicle involved
9in the violations.
10(b) The department shall not refuse to renew the registration of
11a vehicle if the applicant provides the department with the abstract
12or notice of disposition of violation issued pursuant to subdivision
13(c) for clearing all outstanding penalties, late payment fees, and
14administrative fees as shown by the records of the department.
15(c) The court or designated processing agency shall issue an
16abstract or notice of disposition of violation to the registered owner
17of a vehicle issued a notice of delinquent violation if the registered
18owner provides the court or processing agency with the name,
19address, and driver’s license number of the rentee or lessee at the
20time of occurrence of the violation, and adequate proof that the
21renter or lessee had possession of the vehicle at the date and time
22of the violation.
23(d) The department shall not refuse to renew the registration of
24a vehicle if the violation was issued prior to the registered owner
25taking possession of the vehicle.
Section 40244 is added to the Vehicle Code, to read:
(a) The department shall remit all penalties and late
28payment fees collected, after deducting the administrative fee
29authorized in subdivision (b), for each notice of delinquent
30violation for which penalties and late payment fees have been
31collected, to the City and County of San Francisco in the amount
32due. Within 45 days from the time penalties are recorded by the
33department, the department shall inform the City and County of
34San Francisco which of its notices of delinquent violation have
36(b) The department shall assess a fee for recording the notice
37of delinquent violation in an amount, as determined by the
38department, that is no more than the amount sufficient to cover its
39actual administrative costs.