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 ----------------------------------------------------------------- |Author: |Huff | |----------+------------------------------------------------------| |Version: |4/6/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- 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 -- END --