as amended, Huff. Vehicles:
begin delete Mountains Recreation and Conservation Authority: automated enforcement systems.end delete
Existing law declares the Vehicle Code to be applicable and uniform throughout the state and in all counties and municipalities within the state, and prohibits a local authority, as defined, from enacting or enforcing an ordinance on matters covered by the Vehicle Code, unless expressly authorized by that code. Under existing law, this statement does not impair the authority of the Mountains Recreation and Conservation Authority (MRCA) to enforce an ordinance or resolution relating to the management of public lands within its jurisdiction.
This bill would clarify that the MRCA may only enforce an ordinance or resolution relating to the management of public lands within its jurisdiction consistent with the prohibition described above. The bill would also expand the definition of a local authority to include the MRCA.
Existing law authorizes a local governmental agency to equip a limit line, intersection, or other place where a driver is required to stop with an automated enforcement system, as defined, if the system meets certain requirements.
This bill would prohibit a governmental agency or local authority from utilizing an automated traffic enforcement system at any place where traffic is regulated by a stop sign.
This bill would make legislative findings and declarations as to the necessity of a special statute for the MRCA.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21 of the Vehicle Code is amended to
(a) Except as otherwise expressly provided, the provisions
4of this code are applicable and uniform throughout the state and
5in all counties and municipalities therein, and a local authority
6shall not enact or enforce any ordinance or resolution on the matters
7covered by this code, including ordinances or resolutions that
8establish regulations or procedures for, or assess a fine, penalty,
9assessment, or fee for a violation of, matters covered by this code,
10unless expressly authorized by this code.
11(b) To the extent permitted by current state law, this section
12does not impair the current lawful authority of the Mountains
13Recreation and Conservation Authority, a joint powers authority,
14or any member agency constituted therein as of July 1, 2010, to
15enforce an ordinance or resolution relating to the management of
16public lands within its jurisdiction, consistent with the
begin delete prohibit ionend delete
17 described in subdivision (a).
Section 385 of the Vehicle Code is amended to read:
“Local authorities” means the legislative body of every
20county or municipality having authority to adopt local police
21regulations, and the Mountains Recreation and Conservation
Section 21455.5 of the Vehicle Code is amended to
(a) The limit line, the intersection, or a place
26designated in Section 21455, where a driver is required to stop,
27may be equipped with an automated traffic enforcement system if
28the governmental agency utilizing the system meets all of the
P3 1(1) Identifies the system by signs posted within 200 feet of an
2intersection where a system is operating that clearly indicate the
3system’s presence and are visible to traffic approaching from all
4directions in which the automated traffic enforcement system is
5being utilized to issue citations. A governmental agency utilizing
6such a system does not need to post signs visible to traffic
7approaching the intersection from directions not subject to the
8automated traffic enforcement system. Automated traffic
9enforcement systems installed as of January 1, 2013, shall be
10identified no later than January 1, 2014.
11(2) Locates the system at an intersection and ensures that the
12system meets the criteria specified in Section 21455.7.
13(b) Prior to issuing citations under this section, a local
14jurisdiction utilizing an automated traffic enforcement system shall
15commence a program to issue only warning notices for 30 days.
16The local jurisdiction shall also make a public announcement of
17the automated traffic enforcement system at least 30 days prior to
18the commencement of the enforcement program.
19(c) Only a governmental agency, in cooperation with a law
20 enforcement agency, may operate an automated traffic enforcement
21system. A governmental agency that operates an automated traffic
22enforcement system shall do all of the following:
23(1) Develop uniform guidelines for screening and issuing
24violations and for the processing and storage of confidential
25information, and establish procedures to ensure compliance with
26those guidelines. For systems installed as of January 1, 2013, a
27governmental agency that operates an automated traffic
28enforcement system shall establish those guidelines by January 1,
30(2) Perform administrative functions and day-to-day functions,
31including, but not limited to, all of the following:
32(A) Establishing guidelines for the selection of a
33to installing an automated traffic enforcement system after January
341, 2013, the governmental agency shall make and adopt a finding
35of fact establishing that the system is needed at a specific location
36for reasons related to safety.
37(B) Ensuring that the equipment is regularly inspected.
38(C) Certifying that the equipment is properly installed and
39calibrated, and is operating properly.
P4 1(D) Regularly inspecting and maintaining warning signs placed
2under paragraph (1) of subdivision (a).
3(E) Overseeing the establishment or change of signal phases
4and the timing thereof.
5(F) Maintaining controls necessary to ensure that only those
6citations that have been reviewed and approved by law enforcement
7are delivered to violators.
8(d) The activities listed in subdivision (c) that relate to the
9operation of the system may be contracted out by the governmental
10agency, if it maintains overall control and supervision of the
11system. However, the activities listed in paragraph (1) of, and
12subparagraphs (A), (D), (E), and (F) of paragraph (2) of,
13subdivision (c) shall not be contracted out to the manufacturer or
14supplier of the automated traffic enforcement system.
15(e) The printed representation of computer-generated
16information, video, or photographic images stored by an automated
17traffic enforcement system does not constitute an out-of-court
18hearsay statement by a declarant under Division 10 (commencing
19with Section 1200) of the Evidence Code.
20(f) (1) Notwithstanding Section 6253 of the Government Code,
21or any other law, photographic records made by an automated
22traffic enforcement system shall be confidential, and shall be made
23available only to governmental agencies and law enforcement
24agencies and only for the purposes of this article.
25(2) Confidential information obtained from the Department of
26Motor Vehicles for the administration or enforcement of this article
27shall be held confidential, and shall not be used for any other
29(3) Except for court records described in Section 68152 of the
30Government Code, the confidential records and information
31described in paragraphs (1) and (2) may be retained for up to six
32months from the date the information was first obtained, or until
33final disposition of the citation, whichever date is later, after which
34time the information shall be destroyed in a manner that will
35preserve the confidentiality of any person included in the record
37(g) Notwithstanding subdivision (f), the registered owner or any
38individual identified by the registered owner as the driver of the
39vehicle at the time of the alleged violation shall be permitted to
40review the photographic evidence of the alleged violation.
P5 1(h) (1) A contract between a governmental agency and a
2manufacturer or supplier of automated traffic enforcement
3equipment shall not include provision for the payment or
4compensation to the manufacturer or supplier based on the number
5of citations generated, or as a percentage of the revenue generated,
6as a result of the use of the equipment authorized under this section.
7(2) Paragraph (1) does not apply to a contract that was entered
8into by a governmental agency and a manufacturer or supplier of
9automated traffic enforcement equipment before January 1, 2004,
10unless that contract is renewed, extended, or amended on or after
11January 1, 2004.
12(3) A governmental agency that proposes to install or operate
13an automated traffic enforcement system shall not consider revenue
14generation, beyond recovering its actual costs of operating the
15system, as a factor when considering whether or not to install or
16operate a system within its local jurisdiction.
17(i) A manufacturer or supplier that operates an automated traffic
18enforcement system pursuant to this section shall, in cooperation
19with the governmental agency, submit an annual report to the
20Judicial Council that includes, but is not limited to, all of the
21following information if this information is in the possession of,
22or readily available to, the manufacturer or supplier:
23(1) The number of alleged violations captured by the systems
25(2) The number of citations issued by a law enforcement agency
26based on information collected from the automated traffic
28(3) For citations identified in paragraph (2), the
29violations that involved traveling straight through the intersection,
30turning right, and turning left.
31(4) The number and percentage of citations that are dismissed
32by the court.
33(5) The number of traffic collisions at each intersection that
34occurred prior to, and after the installation of, the automated traffic
36(j) If a governmental agency utilizing an automated traffic
37enforcement system has posted signs on or before January 1, 2013,
38that met the requirements of paragraph (1) of subdivision (a) of
39this section, as it read on January 1, 2012, the governmental agency
40shall not remove those signs until signs are posted that meet the
P6 1requirements specified in this section, as it reads on January 1,
3(k) Notwithstanding any other law, a governmental agency or
4local authority shall not utilize an automated traffic enforcement
5system at any place where traffic is regulated by a stop sign.
The Legislature finds and declares that a special law
7is necessary and that a general law cannot be made applicable
8within the meaning of Section 16 of Article IV of the California
9Constitution because of the unique circumstances present within
10the Mountains Recreation and Conservation Authority.