BILL NUMBER: AB 432 AMENDED
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Hall
FEBRUARY 14, 2011
An act to amend Section 21455.5 of the Vehicle Code,
relating to vehicles. An act to amend Section 210 of
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 432, as amended, Hall. Vehicles: automated traffic enforcement
Existing law authorizes the limit line, 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 authorizes a governmental agency to
contract out the operation of the system under certain circumstances,
except for specified activities, that include, among other things,
establishing guidelines for selection of location. A violation of the
Vehicle Code is a crime.
Existing law defines an "automated enforcement system" as any
system operated by a governmental agency, in cooperation with a law
enforcement agency, that photographically records a driver's
responses to a rail or rail transit signal or crossing gate, or both,
or to an official traffic control signal and is designed to obtain a
clear photograph of a vehicle's license plate and the driver of the
This bill would make technical, nonsubstantive changes to
these provisions redefine an "automated enforcement
system" as an "automated traffic enforcement system" and would also
include a system that uses digital recording to obtain a digital
image or digital video of a vehicle's license plate and the driver of
the vehicle .
By expanding the definition of an existing crime, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 210 of the Vehicle
Code is amended to read:
210. An "automated traffic enforcement system" is any
system operated by a governmental agency, in cooperation with a law
enforcement agency, that digitally or photographically
records a driver's responses to a rail or rail transit signal or
crossing gate, or both, or to an official traffic control signal
described in Section 21450, and is designed to obtain a clear
digital image, digital video, or photograph of a vehicle's
license plate and the driver of the vehicle.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
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 traffic enforcement system if the
governmental agency utilizing the system meets all of the following
(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 traffic enforcement
system. As used in this subdivision, "operate" includes all of the
(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
(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 of signal phases.
(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 traffic enforcement system.
(e) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by an automated
traffic 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 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, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
(f) Notwithstanding subdivision (e), 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 traffic 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 traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.