BILL NUMBER: SB 1136 CHAPTERED
BILL TEXT
CHAPTER 54
FILED WITH SECRETARY OF STATE JUNE 1, 1998
APPROVED BY GOVERNOR JUNE 1, 1998
PASSED THE ASSEMBLY MAY 18, 1998
PASSED THE SENATE JANUARY 22, 1998
AMENDED IN SENATE JANUARY 6, 1998
INTRODUCED BY Senator Kopp
FEBRUARY 28, 1997
An act to amend Sections 210, 21455.5, 22451, and 40518 of, and to
repeal Sections 210, 22451, and 40518 of, the Vehicle Code, relating
to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1136, Kopp. Vehicles: automated enforcement systems.
Existing law authorizes, until January 1, 1999, the use of
automated enforcement systems at official traffic control signals and
provides a special written, mailed notice to appear procedure in
connection with specified alleged violations recorded by those
systems.
This bill would delete the January 1, 1999, repeal date, thereby
continuing indefinitely the use of the automated enforcement systems
and the related special procedure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 210 of the Vehicle Code, as amended by Section
1 of Chapter 922 of the Statutes of 1995, is amended to read:
210. An "automated 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 210 of the Vehicle Code, as added by Section 2 of
Chapter 922 of the Statutes of 1995, is repealed.
SEC. 3. Section 21455.5 of the Vehicle Code is amended 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,
visible to traffic approaching from all directions, or if signs are
posted at all major entrances to the city, including, at a minimum,
freeways, bridges, and state highway routes.
Any city utilizing an automated traffic enforcement system at
intersections shall, prior to issuing citations, commence a program
to issue only warning notices for 30 days. The local jurisdiction
shall also make a public announcement of the automated traffic
enforcement system at least 30 days prior to the commencement of the
enforcement program.
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.
(c) Notwithstanding subdivision (b), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
SEC. 4. Section 22451 of the Vehicle Code, as amended by Section 5
of Chapter 922 of the Statutes of 1995, 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 enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.
SEC. 5. Section 22451 of the Vehicle Code, as added by Section 6
of Chapter 922 of the Statutes of 1995, is repealed.
SEC. 6. Section 40518 of the Vehicle Code, as amended by Section 8
of Chapter 922 of the Statutes of 1995, 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, based on an alleged violation of
Section 21453, 21455, or 22101 recorded by an automated enforcement
system pursuant to Section 21455.5 or 22451, and delivered by mail
within 15 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
violation charged, including a description of the offense, 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.
SEC. 7. Section 40518 of the Vehicle Code, as added by Section 9
of Chapter 922 of the Statutes of 1995, is repealed.