BILL ANALYSIS SB 833 Date of Hearing: July 10, 1995 ASSEMBLY COMMITTEE ON TRANSPORTATION RICHARD KATZ, Chair SB 833 (Kopp) - As Amended: July 15, 1995 SUBJECT Vehicles: crimes: enforcement: license plates. DIGEST Existing law: 1) Authorizes governmental agencies, in cooperation with law enforcement agencies, to use automated rail crossing enforcement systems (photographic equipment) which identifies traffic offenders and allows notices to appear to be issued in the absence of peace officers. 2) Authorizes a peace officer to arrest a person and cause the removal and seizure of his or her vehicle when the officer has determined that the person was driving with a suspended or revoked driver's license, or without ever having a driver's license. 3) Authorizes the Department of Motor Vehicles (DMV) to issue regular series license plates for certain vehicles owned by the state. This bill: 1) Extends the authorization to use automated traffic enforcement systems to all areas where a driver is required to obey traffic signals. The use of such photographic equipment would: a) Require the system to be visible to approaching traffic and be identified by signs. - continued - SB 833 Page 1 SB 833 b) Be limited to governmental and law enforcement agencies' use. c) Require photographic records to be confidential and used only for traffic control device enforcement. 2) Clarifies the application of the vehicle impoundment provisions and specify conditions and procedures for the release of a vehicle prior to 30 days. It would: a) Authorize the impoundment for 30 days of a vehicle involved in an accident caused by a driver with a suspended or revoked license, or an unlicensed driver, without the necessity of arresting the driver. - continued - SB 833 Page 2 SB 833 b) Allow the impounding agency to consider any mitigating circumstances during a hearing to determine the validity of a 30-day impoundment. c) Require an impounding agency to release a vehicle prior to the end of the 30-day period: i) When the vehicle was stolen. ii) When the vehicle was driven by an unlicensed employee of a business (e.g., parking service or repair facility). iii) When the driver's license was suspended or revoked for minor or nondriving-related violations. iv) When all towing and storage fees and charges are paid. d) Require the release of an impounded vehicle to the legal owner before 30 days, if: i) The legal owner is a specified financial institution, vehicle dealer, or rental agency. ii) All towing, storage fees, and charges are paid. iii) The legal owner presents foreclosure or repossession documents to the impounding agency. e) Prohibit vehicles released early to legal owners from subsequently being returned to the original or registered driver and prohibit rental agencies from renting another vehicle to the cited driver before the 30 days expired. f) Restore to misdemeanor status, rather than an infraction, the crime of driving with a suspended or revoked license, in order to correct a technical drafting error in SB 1758 (Kopp). 3) Allows Supreme Court justices to be issued regular-series license plates for their state-owned vehicle. - continued - SB 833 Page 3 SB 833 FISCAL EFFECT None anticipated to the state other than minor costs associated with issuing new license plates. COMMENTS 1) Sponsors of the red light photographic enforcement equipment provisions cite the use of such equipment in reducing the rate of violations as well as the number of accidents and fatalities at intersections. Various studies and tests of the equipment have concluded that a substantial - continued - SB 833 Page 4 SB 833 portion of urban vehicle crashes occur at intersections involving drivers running through red lights. Such violators, as a group, are younger, less likely to wear seatbelts, and have poorer driving records. Reports from Victoria, Canada showed a 72 percent drop in red light violations while Melbourne, Australia reported a 30 percent reduction in traffic fatalities, both cases attributable to use of the automated enforcement units. 2) Law enforcement agencies throughout the state have made frequent and effective use of the recently-enacted vehicle impoundment provisions, impounding thousands of vehicles being operated by drivers with suspended or revoked licenses, or unlicensed drivers. In addition to taking such drivers off the road, police agencies indicate that such impoundments have proved effective in suppressing other criminal activity involving the use of vehicles. Also, there are reports that many unlicensed persons have acted to clear up their driver's license status with the DMV. 3) The bill's impoundment and release provisions are intended to address uncertainties and situations which have arisen since SB 1758 took effect in January 1995. Numerous financial institutions and rental agencies have reported their inability to reclaim vehicles they legally own but which are leased, financed, or rented to others. Some law enforcement agencies have refused to release such vehicles before the end of the 30 days, resulting in significant impoundment charges to the legal owners when the registered owners subsequently do not reclaim the vehicles. 4) The provisions clarifying the 30-day impoundment law are consistent with the Safe Streets Act of 1994 (AB 3148 - Katz), which confiscates vehicles if a driver is caught driving either with a suspended or revoked license, or has never had a license, and has a prior conviction for one of these offenses. 5) The vehicle license plate provision allows Supreme Court justices to be issued regular series license plates. This enhances the security of justices as they will not be readily identifiable with normal appearance license plates. SUPPORT California Association of Licensed Repossessors California Motor Car Dealers Association - continued - SB 833 Page 5 SB 833 California Peace Officers Association California Police Chiefs Association Car and Truck renting & Leasing Association of California City/County of San Francisco City of Santa Rosa Independent Auto Dealers OPPOSITION California State Automobile Association - continued - SB 833 Page 6