BILL NUMBER: AB 2147	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Cedillo

                        FEBRUARY 23, 2012

    An act to amend Section 21455.5 of the Vehicle Code,
relating to vehicles.   An act to amend Sections 210,
21362.5, 22451, and 42001.16 of the Vehicle Code, relating to
vehicles. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2147, as amended, Cedillo.  Vehicles: automated traffic
enforcement system.   Vehicles: automated rail
enforcement systems: fixed guideway crossings.  
   (1) Existing law authorizes railroad and rail transit grade
crossings to be equipped with an automated rail crossing enforcement
system if the system is identified by signs clearly indicating the
system's presence and visible to traffic approaching from each
direction. Existing law requires that only a governmental agency, in
cooperation with a law enforcement agency, may operate an automated
rail crossing enforcement system.  
   Existing law requires the driver of any vehicle or a pedestrian
approaching a railroad or rail transit grade crossing to stop not
less than 15 feet from the nearest rail and to not proceed until he
or she can do so safely, whenever either of 2 specified conditions
exist and also requires a driver or pedestrian to not proceed
through, around, or under any railroad or rail transit crossing gate
while the gate is closed. Existing law requires that a notice of a
violation of these provisions is subject to the specified procedures
for the issuance of a notice to appear.  
   This bill would revise and recast these provisions to apply to
railroad and fixed guideway crossings. The bill would add specific
procedures for the processing of a notice of violation based upon
evidence from an automated rail or fixed guideway enforcement system
in lieu of the existing procedures for the issuance of a notice to
appear. The bill would also add specific requirements for a driver or
pedestrian when making a stop at a railroad or fixed guideway
crossing. By expanding the definition of an existing crime, the bill
would impose a state-mandated local program.  
   The bill would require that a person convicted of any violation
described in these provisions not be permitted to attend traffic
violator school for more than one violation at a time, and would
require the course curriculum to include specific training on the
dangers of operating a vehicle near or through a railroad or fixed
guideway crossing. The bill would make other conforming and technical
changes to these provisions.  
   (2) 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
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law authorizes the limit line, intersection, or other
places where a driver is required to stop to be equipped with an
automated traffic 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.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 enforcement system" is 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 described in Section 21450, and is
designed to obtain a clear photograph of a vehicle's license plate
and the driver of the vehicle.
   SEC. 2.    Section 21362.5 of the   Vehicle
Code   is amended to read: 
   21362.5.  (a) Railroad and  rail transit grade 
 fixed guideway  crossings may be equipped with an automated
rail  or fixed guideway  crossing enforcement system 
that photographically records the presence of a vehicle that enters
into a gated or ungated crossing,  if the system is identified
by signs clearly indicating the system's presence and visible to
traffic approaching from each direction. 
   Only a governmental agency, in cooperation with a law enforcement
agency, may operate an automated rail crossing enforcement system.
 
   (b) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated rail or fixed guideway
crossing enforcement system and issue notices of violations captured
by an automated rail or fixed guideway crossing system.  
   (1) A written notice of a violation shall be mailed by a peace
officer or qualified employee of a law enforcement agency pursuant to
Section 22 on a form approved by the Judicial Council within 15 days
of the alleged violation to the current address of the registered
owner of the vehicle on file with the department. The notice shall
constitute a valid written notice to appear and shall give the court
direct jurisdiction over the registered owner of the vehicle. 

   (2) The notice of violation shall contain the name and address of
the registered owner, the license plate number of the vehicle, the
violation charged, including a description of the offense, the
photographic evidence captured by the automated rail or fixed
guideway enforcement system, and the time and place where the
registered owner 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 of violation is delivered.  
   (3) Upon receipt of the notice of violation, the registered owner
of the vehicle may submit to the law enforcement agency evidence that
someone other than the registered owner was operating the vehicle at
the time of the violation. If the law enforcement agency can
positively identify the driver prior to the noticed hearing date, the
law enforcement agency shall rescind the notice of violation as to
the registered owner and reissue the notice to the person who was
actually operating the vehicle at the time of the offense.  

   (4) If the registered owner does not identify the driver of the
vehicle as authorized pursuant to paragraph (3), the registered owner
shall do one of the following:  
   (A) Pay the fine for the violation in person or by mail as
specified in the notice of the violation.  
   (B) Submit, by mail, written proof that the vehicle pictured in
the notice of violation had been sold and title transferred to
another person by the registered owner prior to the date of the
violation.  
   (C) Submit, by mail, written proof that the vehicle pictured in
the notice of violation had been reported as stolen prior to or at
the time of the date of the violation.  
   (D) Appear in court on the date specified in the notice of
violation to enter a plea.  
   (5) If a law enforcement agency does not notify a registered owner
that the notice of violation is rescinded pursuant to paragraph (3)
prior to the noticed hearing date, the failure by the registered
owner to do any of the actions listed in paragraph (4) shall result
in the court issuing a bench warrant to compel the registered owner's
appearance in court.  
   (6) Preparation and delivery of a notice to appear pursuant to
this section is not an arrest.  
   (b) 
    (c)  Notwithstanding Section 6253 of the Government
Code, or any other  provision of  law, photographic
records made by an automated rail  or fixed guideway 
crossing enforcement system shall be confidential, and shall be made
available only to governmental agencies and law enforcement agencies
for the purposes of this section. 
   (d) Notwithstanding subdivision (c), the registered owner of the
vehicle or the driver at the time of the alleged violation shall be
permitted to review the photographic evidence of the alleged
violation.  
   (e) A driver convicted of an infraction for a violation of this
code based upon evidence from an automated rail or fixed guideway
enforcement system as authorized under subdivision (a), shall be
punished as set forth in Section 42001.16.  
   (f) Upon a conviction for a violation described in subdivision
(e), the clerk of the court in which the conviction was adjudicated
shall prepare an abstract of the conviction pursuant to Section 1803,
1803.5 or 1804.  
   (g) The department shall refuse registration, renewal, or transfer
of registration of a vehicle if the department determines that the
registered owner of the vehicle has outstanding unpaid fines imposed
pursuant to Section 42001.16. 
   SEC. 3.    Section 22451 of the   Vehicle
Code   is amended to read: 
   22451.  (a) The driver of  any   a 
vehicle or pedestrian approaching a railroad or  rail transit
grade   fixed guideway crossing shall stop
 not less than 15 feet from the nearest rail  and
shall not proceed until he or she can do so safely,  whenever
  if either of  the following conditions exist:
   (1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train  ,
bus,  or car.
   (2) An approaching train  , bus,  or car is plainly
visible or is emitting an audible signal and, by reason of its speed
or nearness, is an immediate hazard. 
   (b) When making a stop pursuant to subdivision (a), the driver
shall stop at either of the following locations:  
   (1) When approaching a railroad or fixed guideway crossing that
utilizes rail, at least 15 feet from the nearest rail.  
   (2) When approaching a fixed guideway crossing that does not
utilize rail, at the marked limit line, or if none, before entering
the crosswalk on the near side of the intersection, or if none,
before entering the intersection.  
   (b) No 
    (c)     A  driver or pedestrian shall
 not  proceed through, around, or under any railroad or
 rail transit   fixed guideway  crossing
gate while the gate is closed. 
   (c) Whenever 
    (d)    When  a railroad or 
rail transit   fixed guideway  crossing is equipped
with an automated enforcement system, a notice of a violation of
this section is subject to the procedures provided in Section
 40518   21362.5  .
   SEC. 4.    Section 42001.16 of the   Vehicle
Code   is amended to read: 
   42001.16.  (a)  Every   A  person
convicted of an infraction for a violation of subdivision (c) of
Section 21752, subdivision (c) of Section 22526, or Section 22450,
involving railroad  grade   or fixed guideway
 crossings, or Section 22451 or 22452 shall be punished as
follows:
   (1) For the first infraction, by a fine of one hundred dollars
($100).
   (2) For a second infraction of any of the offenses described in
this subdivision occurring within one year of a prior infraction that
resulted in a conviction, by a fine not exceeding two hundred
dollars ($200).
   (3) For a third or any subsequent infraction of any of the
offenses described in this subdivision occurring within one year of
two or more prior infractions that resulted in convictions, by a fine
not exceeding two hundred fifty dollars ($250).
   (b) In addition to the fine imposed pursuant to subdivision (a), a
court, in a county in which Section 369b of the Penal Code applies,
may require the person to attend a traffic school as described in
Section 369b of the Penal Code. 
   (c) A person convicted of any violation described in subdivision
(a) shall not be permitted to attend traffic violator school for more
than one violation at a time, and the course curriculum shall
include specific training on the dangers of operating a vehicle near
or through a railroad or fixed guideway crossing. 
   SEC. 5.    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
California Constitution.  
  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 using 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) Before issuing citations under this section, a local
jurisdiction using 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 before 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
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 traffic enforcement system.
   (e) (1) Notwithstanding Section 6253 of the Government Code, or
any other 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 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 (e), 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 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.