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Bill Number: AB 1022
Bill
Text filed with the Secrtary of State on
September 25, 2003.
INTRODUCED BY Assembly Member Oropeza
(Coauthor: Senator Murray)
An act to amend Sections 21455.5, 21455.6,
and 21455.7 of the Vehicle Code, relating
to vehicles.
LEGISLATIVE
COUNSEL'S DIGEST
AB 1022,
Oropeza. Vehicles: automated enforcement
systems.
(1)
Existing law authorizes the limitline,
intersection, or other places where a
driver is required to stop to be equipped
with an automated enforcement system, as
defined, if the system meets certain
requirements. Existing law limits the
authority to operate an automated
enforcement system to governmental
agencies, in cooperation with law
enforcement agencies.
This
bill would define the term "operate" for
purposes of these provisions and would
prohibit a contract between a governmental
agency and a manufacturer or supplier of
automated enforcement equipment from
including a provision for the payment or
compensation to the manufacturer or
supplier based on the number of citations
generated, or as a percentage of the
revenue generated, as a result of the use
of the equipment as authorized under these
provisions.
The bill
would authorize the governmental agency to
contract out the operation, as defined, of
the system under certain circumstances,
except for certain activities that the
bill would prohibit from being contracted
out to the manufacturer or supplier of the
automated enforcement system.
The bill
would specify that the provisions
prohibiting the payment or compensation to
the manufacturer or supplier based on the
number of citations generated or
percentage of revenue generated do not
apply to a contract that was entered into
by a governmental agency and a
manufacturer or supplier of automated
enforcement equipment before January 1,
2004, unless that contract is renewed,
extended, or amended on or after January
1, 2004.
(2)
Existing law requires that, at an
intersection at which there is an
automated enforcement system in operation
the minimum yellow light change interval
be established in accordance with the
Traffic Manual of the Department of
Transportation.
This
bill would specify that the minimum yellow
light change intervals relating to
designated approach speeds provided in
that manual are mandatory minimum yellow
light intervals.
THE PEOPLE OF THE STATE OF CALIFORNIA DO
ENACT AS FOLLOWS:
SECTION
1. Section 21455.5 of the Vehicle Code is
amended to read:
21455.5.
(a) The limit line, the intersection, or a
place designated in Section 21455, where a
driver is required to stop, may be
equipped with an automated enforcement
system if the governmental agency
utilizing the system meets all of the
following requirements:
(1) Identifies the system by signs that
clearly indicate the system's presence and
are visible to traffic approaching from
all directions, or posts signs at all
major entrances to the city, including, at
a minimum, freeways, bridges, and state
highway routes.
(2) If it locates the system at an
intersection, and ensures that the system
meets the criteria specified in Section
21455.7.
(b)
Prior to issuing citations under this
section, a local jurisdiction utilizing an
automated traffic enforcement system shall
commence a program to issue only warning
notices for 30 days. The local
jurisdiction shall also make a public
announcement of the automated traffic
enforcement system at least 30 days prior
to the commencement of the enforcement
program.
(c) Only
a governmental agency, in cooperation with
a law enforcement agency, may operate an
automated enforcement system. As used in
this subdivision, "operate" includes all
of the following activities:
(1)
Developing uniform guidelines for
screening and issuing violations and for
the processing and storage of confidential
information, and establishing procedures
to ensure compliance with those
guidelines.
(2)
Performing administrative functions and
day-to-day functions, including, but not
limited to, all of the
following:
(A)
Establishing guidelines for selection of
location.
(B)
Ensuring that the equipment is regularly
inspected.
(C)
Certifying that the equipment is properly
installed and calibrated, and is operating
properly.
(D)
Regularly inspecting and maintaining
warning signs placed under paragraph (1)
of subdivision (a).
(E)
Overseeing the establishment or change of
signal phases and the timing
thereof.
(F)
Maintaining controls necessary to assure
that only those citations that have been
reviewed and approved by law enforcement
are delivered to violators.
(d) The
activities listed in subdivision (c) that
relate to the operation of the system may
be contracted out by the governmental
agency, if it maintains overall control
and supervision of the system. However,
the activities listed in paragraph (1) of,
and subparagraphs (A), (D), (E), and (F)
of paragraph (2) of, subdivision (c) may
not be contracted out to the manufacturer
or supplier of the automated enforcement
system.
(e) (1)
Notwithstanding Section 6253 of the
Government Code, or any other provision of
law, photographic records made by an
automated enforcement system shall be
confidential, and shall be made available
only to governmental agencies and law
enforcement agencies and only for the
purposes of 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
may 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, after
which time the information shall be
destroyed in a manner that will preserve
the confidentiality of any person included
in the record or information.
(f)
Notwithstanding subdivision (d), the
registered owner or any 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 of the
alleged violation.
(g) (1)
A contract between a governmental agency
and a manufacturer or supplier of
automated enforcement equipment may not
include provision for the payment or
compensation to the manufacturer or
supplier based on the number of citations
generated, or as a percentage of the
revenue generated, as a result of the use
of the equipment authorized under this
section.
(2)
Paragraph (1) does not apply to a contract
that was entered into by a governmental
agency and a manufacturer or supplier of
automated enforcement equipment before
January 1, 2004, unless that contract is
renewed, extended, or amended on or after
January 1, 2004.
SEC. 2.
Section 21455.6 of the Vehicle Code is
amended to read:
21455.6.
(a) A city council or county board of
supervisors shall conduct a public hearing
on the proposed use of an automated
enforcement system authorized under
Section 21455.5 prior to authorizing the
city or county to enter into a contract
for the useof the system.
(b) (1)
The activities listed in subdivision (c)
of Section 21455.5 that relate to the
operation of an automated enforcement
system may be contracted out by the city
or county, except that the activities
listed in paragraph (1) of, and
subparagraphs (A), (D), (E), or (F) of
paragraph (2) of, subdivision (c) of
Section 21455.5 may not be contracted out
to the manufacturer or supplier of the
automated enforcement system.
(2)
Paragraph (1) does not apply to a contract
that was entered into by a city or county
and a manufacturer or supplier of
automated enforcement equipment before
January 1, 2004, unless that contract is
renewed, extended, or amended on or after
January 1, 2004.
(c) The
authorization in Section 21455.5 to use
automated enforcement systems does not
authorize the use of photo radar for speed
enforcement purposes by any
jurisdiction.
SEC. 3.
Section 21455.7 of the Vehicle Code is
amended to read:
21455.7.
(a) At an intersection at which there is
an automated enforcement system in
operation, the minimum yellow light change
interval shall be established in
accordance with the Traffic Manual of the
Department of Transportation.
(b) For
purposes of subdivision (a), the minimum
yellow light change intervals relating to
designated approach speeds provided in the
Traffic Manual of the Department of
Transportation are mandatory minimum
yellow light intervals.
(c) A
yellow light change interval may exceed
the minimum interval established pursuant
to subdivision (a).
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