California Assembly Bill AB987 Amended / Bill

 BILL NUMBER: AB 987AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Ma FEBRUARY 27, 2009 An act to amend  Section 8800 of   Section 40518 of, and to add and repeal Section 22368 of,  the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 987, as amended, Ma. Vehicles:  registration.   automated speed enforcement.   Existing law does not expressly authorize the use of photo radar from an automated enforcement system for speed enforcement purposes by any jurisdiction.   This bill would authorize a city or county, until January 1, 2015, to establish a program utilizing an automated speed enforcement system for speed enforcement if specified conditions are met. This bill would require a city or county that adopts an automated speed enforcement program to submit a specified report to the Legislature on or before January 1, 2015.   Existing law authorizes the Department of Motor Vehicles to suspend, cancel, or revoke the registration of a vehicle or a certificate of ownership, registration card, license plate, or permit under specified circumstances, including, among other things, when the department determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.   This bill would make technical, nonsubstantive changes to these provisions.  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.   The Legislature finds and declares all of the following:   (a) Traffic speed enforcement is critical to law enforcement agencies' efforts to reduce factors that contribute to traffic collisions.   (b) Law enforcement and local agencies employ a variety of methods to lessen speeding, including engineering, education, and enforcement.   (c) Additional tools, including automated enforcement, are available to assist law enforcement in addressing excessive speeding and speed-related crashes.   (d) Automated speed enforcement offers a high rate of detection, and, in conjunction with education, engineering, and law enforcement measures, it can significantly improve traffic safety.   (e) Several such programs implemented in other cities and states have proven successful in reducing speeding and addressing traffic safety concerns. These programs have also given policymakers the opportunity to assess which programs have operated appropriately and successfully.   (f) The automated speed enforcement programs that this act authorizes should be limited to locations that have been identified with a history of excessive speeds or speed-related crashes or to high traffic volume intersections with existing traffic signal automated enforcement systems.   SEC. 2.   Section 22368 is added to the   Vehicle Code   , to read:   22368. (a) As used in this section, "automated speed enforcement system" or "ASE system" means a fixed mid-block system, a traffic signal automated enforcement system located at enforced intersections, or a mobile radar system operated by a law enforcement agency that utilizes automated equipment to detect a violation of speeding laws and is designed to obtain a clear photograph of a vehicle's license plate and the driver of the vehicle. (b) A city or county may establish a program utilizing an ASE system for speed enforcement, which shall do all of the following: (1) Identify clearly the presence of the fixed or mobile automated speed enforcement system by signs that are visible to traffic entering the roadway on which the ASE system is utilized. (2) For mobile systems, identify, with distinctive markings, the vehicle containing the mobile automated speed enforcement equipment. (3) Provide notice to drivers that a photographic record may be taken when the driver passes the vehicle containing the mobile automated speed enforcement system. (4) (A) For mobile systems, utilize a trained peace officer present at the time of an alleged violation. (B) The peace officer shall be properly trained in all of the following: (i) The use of automated speed enforcement equipment. (ii) The use of photographic, radar, laser, and other electronic devices. (iii) The enforcement of traffic and speeding laws. (C) For the purposes of subparagraph (B), a peace officer is considered properly trained if he or she has successfully completed both of the following: (i) Either a radar operator course approved and certified by the Commission on Peace Officer Standards and Training of no less than 24 hours on the use of a police traffic radar, laser, or other electronic device, or an operator course meeting equivalent standards. (ii) A minimum number of hours of speed enforcement training conducted by the local law enforcement agency, including, but not limited to, the operation of the actual mobile automated speed enforcement technology that is used by the local agency, the criteria that is used to determine safe and unsafe road and driving conditions, and the appropriate speed setting for the technology in accordance with the varying conditions referenced in Section 22350. (c) Prior to enforcing speed and traffic laws utilizing an ASE system, a jurisdiction shall do both of the following: (1) Make a public announcement about the system, which includes public information regarding the hazards of excessive speed, at least 30 days following the installation of the signs placed pursuant to paragraph (1) of subdivision (b). (2) Issue warning notices only for the first 30 days of enforcement under the program. (d) A city or county with the oversight of a local law enforcement agency may operate an automated speed enforcement system pursuant to this section. As used in this subdivision, "operate" includes all of the following activities: (1) Develop uniform guidelines for all of the following: (A) The selection of locations where the system will be utilized. The guidelines for the selection shall include, but are not limited to, consideration of demonstrated community involvement and support, demonstrated need for traffic safety enforcement based on the incidence of traffic collisions or evidence of excessive speeding, and high traffic intersection locations with an existing traffic signal automated enforcement system. (B) The screening and issuing of citations. (C) The processing and storage of confidential information. (D) The establishment of procedures to ensure compliance with the guidelines. (2) Perform administrative and day-to-day functions, including, but not limited to, all of the following: (A) Certify that the equipment is properly installed and calibrated and is operating properly so that, at a minimum, the radar or other electronic device (piezoelectric strips) used to measure the speed of the accused meets or exceeds the minimum operational standards and has been calibrated within three years prior to the date of the alleged violation by an independent certified repair and testing or calibration facility. (B) Ensure that the equipment is regularly inspected. (C) Regularly inspect and maintain warning signs placed pursuant to paragraph (1) of subdivision (b). (D) Maintain controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (e) The peace officer who is present when the mobile automated speed enforcement is in operation shall record information concerning road and driving conditions at the time each photo is taken. (f) Citations issued pursuant to this section shall include a clear photo of the driver and license plate of the vehicle and a description of the alleged violation, including the time when the alleged violation occurred. A separate document that contains both a brief, basic explanation of California speed laws, including references, and an explanation that the driver has a right to appeal the citation shall accompany the citation. (g) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an ASE system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of enforcing this article. (2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential and shall not be used for any other purpose. (3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later. As soon as feasible, after that time, the information shall be destroyed in a manner that will preserve the confidentiality of a person included in the record or information. (h) The registered owner or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence establishing the alleged violation. (i) A contract between a local authority and a manufacturer or supplier of photo radar enforcement equipment shall allow the local authority to purchase materials, lease equipment, and contract for processing services from a manufacturer or supplier based on the services rendered or on a transactional or per transaction basis; but only the local authority shall control enforcement activities and only designated peace officers of the local authority may authorize citations for issuance. (j) A city or county that elects to establish a program pursuant to this section shall submit to the Legislature a report regarding the efficacy of the program. This report shall be prepared by an independent qualified contractor who shall provide an evaluation of the automated speed enforcement program. The report should provide data relative to the efficacy of the program in reducing speeding and improving traffic safety at enforcement locations. (k) This section shall remain in effect only until January 1, 2015, as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.   SEC. 3.   Section 40518 of the   Vehicle Code   is amended to read:  40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated enforcement system pursuant to Section 21455.5 or 22451,  or, based on an alleged violation of Section 22350 recorded by an automated speed enforcement system pursuant to Section 22368,  and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest. (b) A notice to appear shall contain the name and address of the person, the license plate number of the person's vehicle, the violation charged, including a description of the offense, and the time and place when, and where, the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered.  SECTION 1.   Section 8800 of the Vehicle Code is amended to read: 8800. (a) The department may suspend, cancel, or revoke the registration of a vehicle or a certificate of ownership, registration card, license plate, or permit under any of the following circumstances: (1) When the department is satisfied that the registration or the certificate, card, plate, or permit was fraudulently obtained or erroneously issued. (2) When the department determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways. (3) When a registered vehicle has been dismantled or wrecked. (4) When the department determines that the required fee has not been paid and the same is not paid upon reasonable notice and demand. (5) When a registration card, license plate, or permit is knowingly displayed upon a vehicle other than the one for which it was issued. (6) When the registration could have been refused when last issued or renewed. (7) When the department determines that the owner or legal owner has committed an offense under Sections 20 (with respect to an application for the registration of a vehicle), 4000, 4159 to 4163, inclusive, 4454, 4456, 4461, 4463, 5202, 10750, and 10751, involving the registration or the certificate, card, plate, or permit to be suspended, canceled, or revoked. (8) When the department is authorized pursuant to any other provision of law. (b) The department may suspend the registration of all vehicles registered in the name of a person, under any of the following circumstances: (1) When the United States Secretary of the Department of Transportation or his or her designee issues a lawful out-of-service order pursuant to Title 49 of the Code of Federal Regulations. (2) When the department suspends or revokes a motor carrier of property permit. (3) When the Public Utilities Commission suspends or revokes operating authority or private registration. (c) A suspension imposed pursuant to subdivision (b) shall remain in effect and a vehicle for which registration has been suspended shall not be registered in the name of the person until the department verifies that person's federal registration, federal operating authority, California operating authority, California private registration, or motor carrier of property permit is reissued.