BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 218 Hearing Date: 4/21/2015
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|Author: |Huff |
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|Version: |4/6/2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Randy Chinn |
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SUBJECT: Vehicles: local authorities
DIGEST: This bill prohibits local agencies from using automated
traffic enforcement systems at stop signs.
ANALYSIS:
The Mountains Recreation and Conservation Authority (MRCA) is a
local government agency formed jointly by the Santa Monica
Mountains Conservancy, the Cornejo Recreation and Park District,
and the Rancho Simi Recreation and Park District to acquire,
develop, and conserve park and open-space lands with a special
emphasis on recreation and conservation projects; the protection
and conservation of watersheds; and the development of river
parkways.
MRCA manages and provides ranger services to 69,000 acres of
public lands, including those owned by the Santa Monica
Mountains Conservancy. Much of this land separates the San
Fernando Valley from the Los Angeles basin, making some of the
roads through these parks an alternative route for Los Angeles
commuters.
Unique among local government agencies, existing law grants MRCA
special authority to enforce an ordinance or resolution relating
to the management of public lands within its jurisdiction, which
it has used to support an automated traffic enforcement program
at seven stop signs in its parks. Violations result in
administrative citations with fines equal to $100 for the first
SB 218 (Huff) Page 2 of ?
violation, $200 for a second violation within a year, and $500
for subsequent violations within the year.
This bill prohibits any local agency, including MRCA, from
utilizing an automated traffic enforcement system at stop signs.
COMMENTS:
1.Purpose. The author is concerned that current law does not
authorize the use of an automated traffic enforcement system
at stop signs, and that a loophole has been exploited by MRCA
to erect stop sign cameras and generate significant revenues.
The author believes that operating this automated traffic
enforcement system outside the purview of the rules for use
established for all other automated traffic enforcement
systems, for which explicit operator limitations and public
protections have been enacted, exposes Californians to an
unnecessary lack of due process.
2.MRCA's Automated Traffic Enforcement Program. MRCA contends
that its automated traffic enforcement program is necessary to
protect the safety of park visitors. They note that the park
roads are often narrow, may have obstructed sightlines and are
often shared by pedestrians using the park. At least one of
the roads, as viewed on Google maps, looks like a paved fire
road with narrow shoulders and no sidewalk that would barely
fit two-way traffic.
As described by MRCA, signs warn drivers of the use of
automated traffic enforcement systems at the entrance to the
parks, 50 feet before each stop sign where a camera is
deployed, and on the stop sign itself. Video recordings are
automatically made of potential violators. Those recordings
are examined by park rangers, who determine whether violations
have occurred. Citations are accompanied by a picture of the
car and license plate with a link to the video recording of
the violation. There is no video of the driver as the image
is taken from the rear. The rangers are given discretion to
enforce the ordinance, though there appear to be no written
guidelines (e.g., is it a violation if a vehicle comes to a
complete stop three feet past the limit line? If the vehicle
fails to come to a complete stop but slows to three miles per
SB 218 (Huff) Page 3 of ?
hour?).
MRCA issues administrative citations, which means that the
violations do not count against an individual's driving
record. Appeals of violations are handled internally, and
those appeals can be taken to the Superior Court. In 2013,
24,356 tickets were issued. Over the last three calendar
years the MRCA received about $1.5 million annually in gross
revenues from the program, which resulted in about $700,000 in
net revenue to MRCA.
3.Why Here? Supporters argue that some of the stop signs are
located in unreasonable or illogical places. One stop sign,
while clearly marked, is set back 26 feet from the
intersection and crosswalk, according to a supporter. Others
are located in parking lots. These locations seem unusual.
Receiving a $100 citation for running a stop sign in a
near-empty parking lot would seem less than reasonable, doing
little for the safety of the public. However, MRCA has
produced engineering studies validating the placement of these
stop signs.
4.It Wasn't Me. Supporters also argue that violations are
charged against the vehicle, not the driver, potentially
making the owner responsible for the actions of others. MRCA
responds that the violations are administrative, not criminal,
and that they do not result in points against one's driving
record nor are they reflected in one's insurance record, much
like parking tickets.
5.Double referral. This bill has been double-referred to the
Natural Resources and Water Committee.
Related Legislation:
None.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 15, 2015.)
SB 218 (Huff) Page 4 of ?
SUPPORT:
California Association of Highway Patrolmen
National Motorists Association
Peace Officers Research Association of California
Safer Streets L.A.
One individual
OPPOSITION:
Mountains Recreation and Conservation Authority
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