BILL NUMBER: AB 1311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Miller
FEBRUARY 18, 2011
An act to amend Section 22456 of Sections
21455.6, 40518, and 40520 of, and to add Section 22368 to, the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1311, as amended, Miller. Vehicles: ice cream trucks:
safety automated speed enforcement systems.
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 local authority to establish a program
utilizing an automated speed enforcement system for speed
enforcement only in areas designated as school zones, if specified
conditions are met.
Existing law, the Destiny Nicole Stout Memorial Act, requires an
ice cream truck to be equipped at all time, while engaged in vending
in a residential area, with warning signs mounted on both the front
and rear and clearly legible from a distance of 100 feet under
daylight conditions, as provided.
This bill would make technical, nonsubstantive changes to that
law.
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) A school zone refers to the area described in subparagraph (B)
of paragraph (2) of subdivision (a) of Section 22352 of the Vehicle
Code on streets near a school or near a crosswalk leading to a school
that has a likely presence of schoolchildren or younger pedestrians.
School zones generally have a reduced speed limit during certain
hours in order to protect children and younger pedestrians.
(b) Safety in school zones is critical to the safety of young
children, and it is the intent of the Legislature to vigilantly
enforce speed limits applicable in school zones to protect this
vulnerable population. Traffic speed enforcement is critical to law
enforcement agencies' efforts to reduce factors that contribute to
traffic collisions and collisions involving pedestrians.
(c) Law enforcement and local agencies employ a variety of methods
to reduce speeding, including, but not limited to, engineering,
education, and enforcement. Additional tools, including the use of
automated enforcement systems, are available to assist law
enforcement in addressing excessive speeding and speed-related
accidents. 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.
(d) Several automated enforcement 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. The automated speed enforcement
programs that this act authorizes are limited to school zones.
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
traffic enforcement system authorized under Section 21455.5
prior to authorizing the city or county to enter into a contract for
the use of the system.
(b) (1) The activities listed in subdivision (c) of Section
21455.5 that relate to the operation of an automated traffic
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 traffic 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
traffic enforcement equipment before January 1, 2004,
unless that contract is renewed, extended, or amended on or after
January 1, 2004.
(c) The Except as authorized pursuant to
Section 22368, the authorization in Section 21455.5 to use
automated traffic enforcement systems does not authorize
the use of photo radar for speed enforcement purposes by any
jurisdiction.
SEC. 3. 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 or a mobile photo enforcement
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.
(b) A local authority may establish a program utilizing an ASE
system for speed enforcement in school zones, provided the system
satisfies the following requirements:
(1) Identifies clearly the presence of the fixed or mobile ASE
system by signs that are visible to traffic entering the roadway in
the direction in which the ASE system is utilized.
(2) For mobile systems, identifies, with distinctive markings, the
vehicle containing the mobile automated speed enforcement equipment.
(3) Provides notice to drivers that a photographic record may be
taken when the driver passes the vehicle containing the mobile ASE
system.
(c) Prior to enforcing speed and traffic laws utilizing an ASE
system, a local authority shall do both of the following:
(1) Make a public announcement about the system, that includes
public information regarding the hazards of excessive speed in school
zones, at least 30 days following the installation of the signs
placed pursuant to paragraph (1) of subdivision (b).
(2) Issue only warning notices for the first 30 days of
enforcement under the program.
(d) A local authority with the oversight of a local law
enforcement agency may operate an ASE 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 school zones where the system will be
utilized.
(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 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
issued.
(E) Citations issued pursuant to this section shall include a
clear photo of the 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 violation shall
accompany the citation.
(e) (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 the requirements of this section.
(2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this section 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 the person included
in the record or information.
(f) 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.
(g) A contract between a local authority and a manufacturer or
supplier of photo enforcement equipment shall allow the local
authority to purchase or lease materials and equipment and contract
for processing services from a manufacturer or supplier based on
either or both the services rendered or on a transactional basis, but
only the local authority shall control enforcement activities and
only designated peace officers of the local authority may authorize
citations for issuance.
SEC. 4. 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 traffic
enforcement system pursuant to Section 21455.5 or 22451,
or, based on an alleged violation of subparagraph (B) of paragraph
(2) of subdivision (a) of Section 22352 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.
SEC. 5. Section 40520 of the Vehicle
Code is amended to read:
40520. (a) A notice to appear issued pursuant to Section 40518
for an alleged violation recorded by an automatic traffic enforcement
system or an automated speed enforcement system shall
contain, or be accompanied by, an affidavit of nonliability and
information as to what constitutes nonliability, information as to
the effect of executing the affidavit, and instructions for returning
the affidavit to the issuing agency.
(b) (1) If a notice to appear is sent to a car rental or leasing
company, as the registered owner of the vehicle, the company may
return the notice of nonliability pursuant to paragraph (2), if the
violation occurred when the vehicle was either leased or rented and
operated by a person other than an employee of the rental or leasing
company.
(2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of the
notice to appear together with the proof of a written rental
agreement or lease between a bona fide renting or leasing company and
its customer and that agreement identifies the renter or lessee and
provides the driver's license number, name, and address of the renter
or lessee, the agency shall cancel the notice for the registered
owner to appear and shall, instead, issue a notice to appear to the
renter or lessee identified in the affidavit of nonliability.
(c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby registered owners, other than bona
fide renting and leasing companies, may execute an affidavit of
nonliability if the registered owner identifies the person who was
the driver of the vehicle at the time of the alleged violation and
whereby the issuing agency issues a notice to appear to that person.
SECTION 1. Section 22456 of the Vehicle Code is
amended to read:
22456. (a) This section shall be known and may be cited as the
Destiny Nicole Stout Memorial Act.
(b) The Legislature finds and declares that motor vehicles engaged
in vending ice cream and similar food items in residential
neighborhoods can increase the danger to children and it is necessary
that these vehicles are clearly seen and noticed by motorists and
pedestrians to protect public safety.
(c) As used in this section, the term "ice cream truck" means a
motor vehicle engaged in the curbside vending or sale of frozen or
refrigerated desserts, confections, or novelties commonly known as
ice cream, or prepackaged candies, prepackaged snack foods, or soft
drinks, primarily intended for the sale to children under 12 years of
age.
(d) An ice cream truck shall be equipped at all times, while
engaged in vending in a residential area, with signs mounted on both
the front and the rear and clearly legible from a distance of 100
feet under daylight conditions, incorporating the words "WARNING" and
"CHILDREN CROSSING." Each sign shall be at least 12 inches high by
48 inches wide, with letters of a dark color and at least four inches
in height, a one-inch wide solid border, and a sharply contrasting
background.
(e) A person shall not vend from an ice cream truck that is
stopped, parked, or standing on a public street, alley, or highway
under any of the following conditions:
(1) On a street, alley, or highway with a posted speed limit
greater than 25 miles per hour.
(2) If the street, alley, or highway is within 100 feet of an
intersection with an opposing highway that has a posted speed limit
greater than 25 miles per hour.
(3) If the vendor does not have an unobstructed view for 200 feet
in both directions along the highway and of traffic on the highway.