BILL NUMBER: SB 165 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE MAY 26, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Lowenthal
FEBRUARY 14, 2009
An act to amend Section 44126 of the Health and Safety
Code, and to amend Sections 12810.3 and 21800 of the Vehicle Code,
relating to Section 40203.5 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 165, as amended, Lowenthal. Vehicles : parking violation
.
Existing law makes it a violation for a person to park or leave
standing a vehicle in a stall or space designated for disabled
persons and disabled veterans unless the vehicle displays a special
identification license plate or a distinguishing placard.
This bill would establish a schedule of penalties, which are
collected as civil penalties, for the violation of the above
provision.
Existing law creates the High Polluter Repair or Removal Account
in the Vehicle Inspection and Repair Fund and creates the Enhanced
Fleet Modernization Subaccount in the High Polluter Removal and
Repair Account.
This bill would correct the name of that account to refer to the
High Polluter Repair or Removal Account.
This bill would also make technical, nonsubstantive changes to the
Vehicle Code.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40203.5 of the
Vehicle Code is amended to read:
40203.5. (a) The schedule of parking penalties for parking
violations and late payment penalties shall be established by the
governing body of the jurisdiction where the notice of violation is
issued. To the extent possible, issuing agencies within the same
county shall standardize parking penalties.
(b) Parking penalties under this article shall be collected as
civil penalties.
(c) (1) The penalty for a violation of Section 22507.8 shall be as
follows:
(A) Not less than two hundred fifty dollars ($250) and not more
than five hundred dollars ($500) for the first offense.
(B) Not less than five hundred dollars ($500) and not more than
seven hundred fifty dollars ($750) for the second offense.
(C) Not less than seven hundred fifty dollars ($750) and not more
than one thousand dollars ($1,000) for three or more offenses.
(2) The issuing agency may suspend the imposition of the penalty
in paragraph (1), if the violator, at the time of the offense,
possessed but failed to display a valid special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59.
(3) A penalty imposed pursuant to this subdivision may be paid in
installments if the issuing agency determines that the violator is
unable to pay the entire amount in one payment.
SECTION 1. Section 44126 of the Health and
Safety Code is amended to read:
44126. The Enhanced Fleet Modernization Subaccount is hereby
created in the High Polluter Repair or Removal Account. All moneys
deposited in the subaccount shall be available to the department and
the BAR, upon appropriation by the Legislature, to establish and
implement the program created pursuant to this article.
SEC. 2. Section 12810.3 of the Vehicle Code is
amended to read:
12810.3. Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
SEC. 3. Section 21800 of the Vehicle Code is
amended to read:
21800. (a) The driver of a vehicle approaching an intersection
shall yield the right-of-way to any vehicle which has entered the
intersection from a different highway.
(b) (1) When two vehicles enter an intersection from different
highways at the same time, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right, except that the driver of any vehicle on a terminating highway
shall yield the right-of-way to any vehicle on the intersecting
continuing highway.
(2) For the purposes of this section, "terminating highway" means
a highway which intersects, but does not continue beyond the
intersection, with another highway which does continue beyond the
intersection.
(c) When two vehicles enter an intersection from different
highways at the same time and the intersection is controlled from all
directions by stop signs, the driver of the vehicle on the left
shall yield the right-of-way to the vehicle on his or her immediate
right.
(d) (1) The driver of any vehicle approaching an intersection
which has official traffic control signals that are inoperative shall
stop at the intersection, and may proceed with caution when it is
safe to do so.
(2) When two vehicles enter an intersection from different
highways at the same time, and the official traffic control signals
for the intersection are inoperative, the driver of the vehicle on
the left shall yield the right-of-way to the vehicle on his or her
immediate right, except that the driver of any vehicle on a
terminating highway shall yield the right-of-way to any vehicle on
the intersecting continuing highway.
(e) This section does not apply to any of the following:
(1) Any intersection controlled by an official traffic control
signal or yield right-of-way sign.
(2) Any intersection controlled by stop signs from less than all
directions.
(3) When vehicles are approaching each other from opposite
directions and the driver of one of the vehicles intends to make, or
is making, a left turn.