BILL NUMBER: SB 833	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Kopp

                        FEBRUARY 23, 1995

   An act to amend Sections 210, 22451, and 40518 of, and to add
Section 21455.5 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, as introduced, Kopp.  Traffic control devices:  Automated
enforcement system.
   Existing law authorizes the equipping, by governmental agencies,
in cooperation with law enforcement agencies, of automated rail
crossing enforcement systems, as defined, provides a special written,
mailed notice to appear procedure in connection with certain alleged
violations recorded by an automated rail crossing enforcement
system, and limits the availability of photographic records to the
purposes of the law.
   This bill would expressly apply the above and its related
procedures to all places where a driver is required to respond to an
official traffic control signal showing different colored lights.
The bill would rename the automated rail crossing enforcement system
the automated enforcement system.
   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. Section 210 of the Vehicle Code is amended to read:
   210.  An "automated  rail crossing  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 21455.5 is added to the Vehicle Code, to read:
   21455.5. (a) The limit line, the intersection, or other places
designated in Section 21455 where a driver is required to stop may be
equipped with an automated enforcement system if the system is
identified by signs clearly indicating the system's presence and is
visible to traffic approaching from all directions.
   Only a governmental agency, in cooperation with a law enforcement
agency, may operate an automated enforcement system.
   (b) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, photographic records made by an automated
enforcement system shall be confidential, and shall be made available
only to governmental agencies and law enforcement agencies for the
purposes of this article.
  SEC. 3. Section 22451 of the Vehicle Code is amended to read:
   22451. (a) The driver of any vehicle approaching a railroad or
rail transit grade 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 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 or car.
   (2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
   (b) No driver shall proceed through, around, or under any railroad
or rail transit crossing gate while the gate is closed.
   (c) Whenever a railroad or rail transit crossing is equipped with
an automated  rail crossing  enforcement system, a
notice of a violation of this section is subject to the procedures
provided in Section 40518.
  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,  with respect to a rail
crossing, of Section 21453 or 22101  based on an alleged
violation  of Section 21453, 21455, or 22101  recorded by an
automated  rail crossing  enforcement system 
pursuant to Section 21455.5 or 22451  , and delivered by mail
within 30 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 offense
charged, 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.