BILL ANALYSIS Ó AB 1287 Page 1 ASSEMBLY THIRD READING AB 1287 (Chiu) As Amended April 29, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+---------------------+---------------------| |Transportation |10-4 |Frazier, Bloom, Chu, |Baker, Kim, Linder, | | | |Daly, Dodd, Eduardo |Melendez | | | |Garcia, Gomez, | | | | |Medina, O'Donnell, | | | | |Santiago | | | | | | | |----------------+------+---------------------+---------------------| |Appropriations |12-5 |Gomez, Bonta, |Bigelow, Chang, | | | |Calderon, Daly, |Gallagher, Jones, | | | |Eggman, |Wagner | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Deletes the sunset on the City and County of San Francisco's authority to do automated enforcement of parking AB 1287 Page 2 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 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 AB 1287 Page 3 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 Assembly Transportation Committee and the Senate Transportation and Housing Committee evaluating the effectiveness of automated enforcement of violations related to blocking or obstructing an intersection in reducing pedestrian injuries and fatalities. FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time special fund costs of around $200,000 to DMV for programming modifications. 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 SFMTA 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, referred to as Muni's Transit-Only Lane Enforcement (TOLE), 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. 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 AB 1287 Page 4 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. 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 transit service by 10% 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." Arguments in opposition: Writing in opposition, the Automobile Club of Southern California and the American Automobile Association 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 AB 1287 Page 5 to visualize the entire scene when making their decision whether to cite the driver or not." Please see the policy committee analysis for full discussion of this bill. Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0000624