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 "automatedrail crossingenforcement 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 automatedrail crossingenforcement 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 22101based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automatedrail crossingenforcement 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.