BILL NUMBER: SB 1394 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2010
AMENDED IN SENATE APRIL 13, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Kehoe
FEBRUARY 19, 2010
An act to amend Section 22651 of the Vehicle Code,
relating to An act to amend Section 13803 of, and to
amend and repeal Sections 12808, 12814, and 12818 of, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1394, as amended, Kehoe. Vehicles: removal of
unattended vehicles. drivers' licenses: re
examinations.
Existing law requires, until January 1, 2011, the Department of
Motor Vehicles to reexamine a driver upon receipt of a report from a
local health officer indicating that the driver suffers from
disorders characterized by lapses of consciousness, and upon receipt
of a report from certain family members stating that the driver
cannot safely operate a motor vehicle, the reexaminations to include
a demonstration of the person's ability to operate a motor vehicle.
Existing law requires, until January 1, 2011, the department, before
issuing or renewing any license, to check its records for these
reports.
This bill would make the above requirements permanent and would
make conforming changes.
(1) Existing law authorizes a peace officer, as defined, or a
regularly employed and salaried public employee, who is engaged in
directing traffic or enforcing parking laws and regulations of a
city, county, or jurisdiction of a state agency in which a vehicle is
located, to remove and impound a vehicle located within the
territorial limits in which the officer or employee may act, under
specified circumstances. One of those circumstances authorizes the
removal and impoundment of a vehicle when the vehicle is illegally
parked so as to block the entrance to a private driveway.
This bill would instead authorize the removal or impoundment of a
vehicle when the vehicle is parked so as to block the entrance to any
driveway.
(2) Existing law authorizes the removal of a vehicle when the
vehicle is illegally parked so as to prevent access by firefighting
equipment to a fire hydrant and it is impracticable to move the
vehicle from in front of the fire hydrant to another point on the
highway.
This bill would instead broaden this authority to allow for the
removal or impoundment of a vehicle when a vehicle is illegally
parked so as to prevent access by an authorized emergency vehicle, as
defined, or equipment associated with an authorized emergency
vehicle, including a fire hydrant, to the scene of an emergency, and
it is impracticable to move the vehicle to another point on the
highway.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12808 of the Vehicle
Code , as amended by Section 8 of Chapter 985 of the
Statutes of 2000, is amended to read:
12808. (a) The department shall, before issuing or renewing any
license, check the record of the applicant for conviction of traffic
violations, traffic accidents, reports filed pursuant to Section
103900 of the Health and Safety Code, reports filed pursuant to
Section 13803, or notices issued pursuant to Section 21061.
(b) The department shall, before issuing or renewing any license,
check the record of the applicant for notices of failure to appear in
court filed with it and shall withhold or shall not issue a license
to any applicant who has violated his or her written promise to
appear in court unless the department has received a certificate
issued by the magistrate or clerk of the court hearing the case in
which the promise was given showing that the case has been
adjudicated or unless the applicant's record is cleared as provided
in Chapter 6 (commencing with Section 41500) of Division 17. In lieu
of the certificate of adjudication, a notice from the court stating
that the original records have been lost or destroyed shall permit
the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section
40509, 40509.1, or 40509.5, except subdivision (c) of Section
40509.5, that has been on file five years may be removed from the
department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of
Section 40509.5 that has been on file 10 years may be removed from
the department records and destroyed at the discretion of the
department.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 2. Section 12808 of the Vehicle
Code , as added by Section 9 of Chapter 985 of the
Statutes of 2000, is repealed.
12808. (a) The department shall, before issuing or renewing any
license, check the record of the applicant for conviction of traffic
violations and traffic accidents.
(b) The department shall, before issuing or renewing any license,
check the record of the applicant for notices of failure to appear in
court filed with it and shall withhold or shall not issue a license
to any applicant who has violated his or her written promise to
appear in court unless the department has received a certificate
issued by the magistrate or clerk of the court hearing the case in
which the promise was given showing that the case has been
adjudicated or unless the applicant's record is cleared as provided
in Chapter 6 (commencing with Section 41500) of Division 17. In lieu
of the certificate of adjudication, a notice from the court stating
that the original records have been lost or destroyed shall permit
the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section
40509, 40509.1, or 40509.5, except subdivision (c) of Section
40509.5, that has been on file five years may be removed from the
department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of
Section 40509.5 that has been on file 10 years may be removed from
the department records and destroyed at the discretion of the
department.
(d) This section shall become operative on January 1, 2011.
SE C. 3. Section 12814 of the
Vehicle Code , as amended by Section 35 of Chapter 594 of
the Statutes of 2003, is amended to read:
12814. (a) Application for renewal of a license shall be made at
an office of the department by the person to whom the license was
issued. The department, in its discretion, may require an examination
of the applicant as upon an original application, or an examination
deemed by the department to be appropriate considering the licensee's
record of convictions and accidents, or an examination deemed by the
department to be appropriate in relation to evidence of a condition
that may affect the ability of the applicant to safely operate a
motor vehicle. The age of a licensee, by itself, may not constitute
evidence of a condition requiring an examination of the driving
ability. If the department finds any evidence of a condition
requiring an examination, the department shall disclose the evidence
to the applicant or licensee. If the person is absent from the state
at the time the license expires, the director may extend the license
for a period of one year from the expiration date of the license.
(b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
(c) The department may adopt and administer regulations it deems
necessary for the public safety in the implementation of a program of
selective testing of applicants, and, with reference to this
section, the department may waive tests for purposes of evaluation of
selective testing procedures.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 4. Section 12814 of the Vehicle
Code , as amended by Section 36 of Chapter 594 of the
Statutes of 2003, is repealed.
12814. (a) Application for renewal of a license shall be made at
an office of the department by the person to whom the license was
issued. The department may in its discretion require an examination
of the applicant as upon an original application, or an examination
deemed by the department to be appropriate considering the licensee's
record of convictions and accidents, or an examination deemed by the
department to be appropriate in relation to evidence of a condition
which may affect the ability of the applicant to safely operate a
motor vehicle. The age of a licensee, by itself, may not constitute
evidence of a condition requiring an examination of the driving
ability. If the department finds any evidence, the department shall
disclose the evidence to the applicant or licensee. If the person is
absent from the state at the time the license expires, the director
may extend the license for a period of one year from the expiration
date of the license.
(b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
(c) The department may adopt and administer those regulations as
shall be deemed necessary for the public safety in the implementation
of a program of selective testing of applicants, and, with reference
to this section, the department may waive tests for purposes of
evaluation of selective testing procedures.
(d) This section shall become operative on January 1, 2011.
SEC. 5. Section 12818 of the Vehicle
Code , as amended by Section 13 of Chapter 985 of the
Statutes of 2000, is amended to read:
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, or upon receipt
of a report from a local health officer issued pursuant to
subdivision (b) of Section 103900 of the Health and Safety Code, the
department shall reexamine the person's qualifications to operate a
motor vehicle, including a demonstration of the person's ability to
operate a motor vehicle as described in Section 12804.9.
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination described in subdivision (a) of the results of the
reexamination.
(e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 6. Section 12818 of the Vehicle
Code , as added by Section 14 of Chapter 985 of the
Statutes of 2000, is repealed.
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, the department
shall reexamine the person's qualifications to operate a motor
vehicle pursuant to Section 13801, notwithstanding the notice
requirement of Section 13801.
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination of the results of the reexamination.
(e) This section shall become operative on January 1, 2011.
SEC. 7. Section 13803 of the Vehicle
Code is amended to read:
13803. (a) The department shall conduct a reexamination,
including a demonstration of the person's ability to operate a motor
vehicle as described in Section 12804.9, to determine whether the
driving privilege of any person to operate a motor vehicle should be
suspended or revoked, or whether terms or conditions of probation
should be imposed upon receiving information from any member of the
vehicle operator's family within 3 degrees of consanguinity, or the
operator's spouse, who has reached 18 years of age, except that no
person may report the same family member pursuant to this section
more than one time during a 12-month period.
(b) The report described in subdivision (a) shall state that the
person filing the report reasonably and in good faith believes that
the operator cannot safely operate a motor vehicle. The report shall
be based upon personal observation or physical evidence of a physical
or medical condition that has the potential to impair the ability to
drive safely, or upon personal knowledge of a driving record that,
based on traffic citations or other evidence, indicates an unsafe
driver. The observation or physical evidence, or the driving record,
shall be described in the report, or the report shall be based upon
an investigation by a law enforcement officer.
(c) No person who makes a report in good faith pursuant to this
section shall be civilly or criminally liable for making that report.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SECTION 1. Section 22651 of the Vehicle Code is
amended to read:
22651. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or a
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under the following
circumstances:
(a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When a vehicle is parked or left standing upon a highway in a
position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
(d) When a vehicle is illegally parked so as to block the entrance
to a driveway and it is impractical to move the vehicle from in
front of the driveway to another point on the highway.
(e) When a vehicle is illegally parked so as to prevent access by
an authorized emergency vehicle, as defined in Section 165, or
equipment associated with an authorized emergency vehicle, including
a fire hydrant, to the scene of an emergency, and it is impracticable
to move the vehicle to another point on the highway.
(f) When a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
(g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
(h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
(i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When a vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When a vehicle is illegally parked on a highway in violation
of a local ordinance forbidding standing or parking and the use of a
highway, or a portion thereof, is necessary for the cleaning, repair,
or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
(m) Where the use of the highway, or a portion of the highway, is
authorized by a local authority for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
(n) When a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle shall not be
removed unless signs are posted giving notice of the removal.
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
(A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
(B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
(C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
(2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3) For the purposes of this subdivision, the vehicle shall be
released to the owner or person in control of the vehicle only after
the owner or person furnishes the storing law enforcement agency with
proof of current registration and a currently valid driver's license
to operate the vehicle.
(4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
(q) When a vehicle is parked for more than 24 hours on a portion
of highway that is located within the boundaries of a common interest
development, as defined in subdivision (c) of Section 1351 of the
Civil Code, and signs, as required by paragraph (1) of subdivision
(a) of Section 22658 of this code, have been posted on that portion
of highway providing notice to drivers that vehicles parked thereon
for more than 24 hours will be removed at the owner's expense,
pursuant to a resolution or ordinance adopted by the local authority.
(r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
(s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
(2) Notwithstanding paragraph (1), when a commercial motor vehicle,
as defined in paragraph (1) of subdivision (b) of Section 15210, is
stopped, parked, or left standing for more than 10 hours within a
roadside rest area or viewpoint.
(3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
(u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.