BILL ANALYSIS Ó
AB 1287
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Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1287
(Chiu) - As Amended April 29, 2015
SUBJECT: Vehicles: parking and moving violations: cameras
SUMMARY: Deletes the sunset on the City and County of San
Francisco's authority to do automated enforcement of parking
violations in transit-only traffic lanes and expands the
authority to allow automated enforcement of other violations.
Specifically, this bill:
1)Deletes the January 1, 2016, sunset date on San Francisco's
authority to enforce parking violations in transit-only
traffic lanes with cameras attached to the front of transit
vehicles.
2)Expands the city's authority to use forward-facing cameras on
transit vehicles to record all parking violations, violations
related to driving in a transit-only lane and crossing a
double-yellow line to enter or exit a transit-only lane, and
violations related to blocking or obstructing an intersection
or a railroad or rail transit crossing.
3)Requires the city to make a public announcement of the
expansion of the program at least 30 days prior to starting to
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issue notices of violation for all violations that were not
previously subject to automated enforcement, and to issue only
warning notices for 30 days for those violations.
4)Subjects recorded violations related to driving in a
transit-only lane and crossing a double-yellow line to enter
or exit a transit-only lane, and violations related to
blocking or obstructing an intersection or a railroad or rail
transit crossing, to a civil penalty of no more than $100.
5)Authorizes an individual identified by the registered owner as
the driver of the vehicle at the time of the alleged violation
to review the recorded evidence of the alleged violation.
6)Requires the Department of Motor Vehicles (DMV) to refuse to
renew the registration of a vehicle if the registered owner or
lessee has received a notice of delinquent violation and the
owner has not paid the violation penalty and any late payment
fees.
7)Requires the city, on or before January 1, 2019, to provide a
report to this committee and the Senate Committee on
Transportation and Housing evaluating the effectiveness of
automated enforcement of violations related to blocking or
obstructing an intersection in reducing pedestrian injuries
and fatalities.
EXISTING LAW:
1)Authorizes the City and County of San Francisco to install
automated cameras on city-owned public transit vehicles for
the purpose of recording parking violations occurring in
transit-only traffic lanes.
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2)Prohibits the city from issuing citations for violations
captured outside the posted hours of operation for a
transit-only traffic lane.
3)Requires the cameras to be angled and focused so as to capture
images of parking violations and not unnecessarily identifying
images of other drivers, vehicles, and pedestrians.
4)Requires the cameras to record the date and time of the
violation at the same time as the images are captured.
5)Requires an employee of the city who is qualified to issue
parking citations to review recorded images for the purpose of
determining whether a parking violation occurred in a
transit-only traffic lane.
6)Subjects parking violations in transit-only traffic lanes
observed in the recordings to a civil penalty.
7)Requires the city to allow the registered owner of the vehicle
to review the video image evidence of the alleged violation
during normal business hours at no cost.
8)Requires the city to destroy video image evidence after six
months from the date the information was first obtained or 60
days after final disposition of the citation, whichever date
is later.
9)Requires the city to destroy video images that do not contain
evidence of a parking violation occurring in a transit-only
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traffic lane within 15 days after the information was first
obtained.
10)Makes the video images confidential and specifies that public
agencies can use or allow access to them only for the purposes
described above.
11)Defines "transit-only traffic lane" as any designated
transit-only lane on which use is restricted to mass transit
vehicles or other designated vehicles, including taxis and
vanpools, during posted times.
12)Requires the city to provide the Legislature an evaluation of
the automated enforcement program's effectiveness and impact
on privacy no later than March 1, 2015.
13)Sunsets the authority to do automated enforcement of parking
violations in transit-only lanes on January 1, 2016.
14)Specifies that obstructing an intersection (often called
"blocking the box") or a railroad or rail transit crossing is
not a violation of the law relating to the safe operation of
vehicles and is the following:
a) A stopping violation when a notice to appear has been
issued by a peace officer.
b) A parking violation when a notice of violation is issued
by a person, other than a peace officer, who is authorized
to enforce parking statutes and regulations.
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FISCAL EFFECT: Unknown
COMMENTS: San Francisco considers its 26-mile network of
transit-only lanes essential to the timeliness of the city's
public transportation system, which is operated by the San
Francisco Municipal Transportation Agency (SFMTA). Illegal
parking and driving in these lanes can significantly impact the
ability of Muni to meet its on-time performance goals. The city
also has established a goal of eliminating all traffic-related
fatalities by 2024 and is planning an ambitious expansion of
transit service over the next decade.
AB 101 (Ma) Chapter 377, Statutes of 2007, authorized SFMTA to
initiate a pilot program to equip transit vehicles with
forward-facing parking control devices to record images of
vehicles parked in transit-only lanes and issue parking
citations based on that video evidence. The program was
designed to improve the safety, reliability, and performance of
SFMTA transit vehicles using San Francisco's transit-only lanes.
AB 101 required SFMTA to evaluate the pilot program and submit
a report to the Legislature by March 1, 2011, which it did. AB
101 also included a sunset date of January 1, 2012.
Based on the results of the initial pilot and the subsequent
report to the Legislature, AB 1041 (Ma), Chapter 325, Statutes
of 2011, extended the sunset on the program through January 1,
2016, and required SFMTA to submit another report to the
Legislature by March 1, 2015, on the effectiveness of the
program and its impacts on privacy. SFMTA submitted the report
as required, which indicated that the program has had success,
particularly in terms of reducing the number of repeat
violators.
AB 1287 eliminates the sunset on Muni's Transit-Only Lane
Enforcement (TOLE) program and expands the program to allow for
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automated enforcement of all parking violations, not just those
occurring in transit-only lanes. AB 1287 would additionally
allow cameras on Muni vehicles to be used to enforce violations
related to driving in a transit-only lane or crossing a
double-yellow line to enter or exit a transit-only lane and
"blocking the box" violations.
According to the author, the intent of AB 1287 is to
"permanently establish and enhance the existing San
Francisco-only pilot program to improve transit service, safety,
and reliability. The TOLE program initially began with cameras
on 30 buses; it has been expanded over the last six years with
TOLE-compatible video cameras installed on all Muni buses (over
800 vehicles)." The author further states that AB 1287 will
allow an effective program to continue and also "enable
strategic evolution of the program using proven technology."
Opponents of AB 1287 do not object to the removal of the sunset
and the expansion of the program to address parking violations
outside of transit only lanes. What they do object to is
expanding the program to allow for automated enforcement of
offenses that would normally be cited criminally as moving
violations. Under the TOLE program, these offenses would be
cited as parking violations. It is important to note that the
law already allows for "block the box" violations to be cited as
parking violations. San Francisco has already made "block the
box" enforcement a priority for its parking enforcement officers
because these violations can create particularly hazardous
conditions for pedestrians and the city is aggressively working
to reduce pedestrian injuries and fatalities.
Arguments in support: Writing in support, SFMTA, the sponsor of
AB 1287, argues: "The TOLE program is a key component of two
comprehensive initiatives in San Francisco to make transit more
reliable and our streets safer for all users - Muni Forward and
Vision Zero. Under Muni Forward, the SFMTA plans to expand
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transit service by 10 percent over the next 2 years and
implement an additional 22 miles of transit-only lanes within
the next 10 years. Under Vision Zero, adopted as citywide
policy in 2014, San Francisco has a goal of eliminating all
traffic-related fatalities by 2024, committing to build better
and safer streets, educate the public on traffic safety, enforce
traffic laws, and adopt policy changes that save lives. The
TOLE program is an important safety and enforcement tool for
both of these initiatives."
Arguments in opposition: Writing in opposition, the Automobile
Club of Southern California and AAA of Northern California,
Nevada and Utah argue: "Under AB 1287, the violation for
'blocking the box' would no longer be an infraction (crime), but
rather a civil violation subject to a civil penalty. This is an
important distinction since crimes must be proved beyond a
reasonable doubt. The burden under this newly established
administrative hearing will be preponderance of the evidence, a
significantly lower standard. In addition, enforcement by
camera/video may not capture the full nature of the
circumstances surrounding the alleged violation. We can
envision circumstances where a live officer would forego
enforcement of this section even though a driver technically
violated the section because a vehicle on the other side of the
intersection stopped unexpectedly, perhaps to back into a
parking space or because a person opened their door to
enter/exit their vehicle. A camera may not capture this on
tape, whereas a live officer would be able to visualize the
entire scene when making their decision whether to cite the
driver or not."
Prior legislation: AB 101 (Ma) Chapter 377, Statutes of 2007,
authorized SFMTA to initiate a pilot program to equip transit
vehicles with forward-facing parking control devices to record
images of vehicles parked in transit-only lanes and issue
parking citations based on that video evidence.
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AB 1041 (Ma), Chapter 325, Statutes of 2011, extended the sunset
on the program through January 1, 2016, and required SFMTA to
submit another report to the Legislature by March 1, 2015, on
the effectiveness of the program and its impacts on privacy.
REGISTERED SUPPORT / OPPOSITION:
Support
San Francisco Municipal Transportation Agency (sponsor)
California Public Parking Association
San Francisco County Transportation Commission
Walk San Francisco
Opposition
AAA Northern California, Nevada & Utah
Automobile Club of Southern California
National Motorists Association
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Safer Streets L.A.
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093