BILL ANALYSIS
SENATE TRANSPORTATION COMMITTEE Bill No:
SB 1136
Senator Quentin L. Kopp, Chairman Author:
KOPP
Amended:
1/6/98
Analysis by: Steve Schnaidt Fiscal:
no
SUBJECT:
Automated enforcement systems: red light violators.
DESCRIPTION:
This bill would repeal the January 1, 1999 sunset date on
provisions authorizing the use of automated enforcement
systems (cameras) to record violations by drivers running
red lights.
ANALYSIS:
Existing law defines an "automated enforcement system" as a
photographic system operated by a governmental agency, in
cooperation with a law enforcement agency, designed to
obtain a clear photograph of a vehicle's license plate and
the driver of the vehicle when a driver ignores an official
traffic control signal or a rail transit signal or crossing
gate. In other words, the system is one which photographs
red light runners or those who ignore rail crossing
signals.
SB 833 (Kopp, Statutes of 1995) authorized a three-year
demonstration period to test the use and effectiveness of
so-called "red light cameras" in reducing the incidence of
drivers running red lights at intersections, in
identifying the drivers committing such violations and the
vehicles involved in same. Use of such systems is
conditioned on several requirements and procedures,
including that:
intersections equipped with the enforcement systems must
be identified by signs visible to traffic in all
directions, or by signs posted at all major entrances to
the participating city;
use of the system must be preceded by public notice by
the local jurisdiction at least 30 days in advance and
only warning notices may be issued to violators during
the first 30 days of the system's operation, after which
citations may be issued;
only a governmental agency and law enforcement agency may
operate a system;
all photographic records are confidential, available only
to the affected governmental agencies;
any driver alleged to be a violator of red light
provisions or the vehicle's registered owner is permitted
to review the photographic evidence of the alleged
violation;
citations must be delivered to the driver within 15 days
of the alleged violations, with a certificate of mailing
obtained as evidence of service, and must include
specified information, including how, when and where the
citation may be challenged.
The provisions authorizing the use of automated
enforcement systems at traffic intersections are set to
expire on January 1, 1999.
This bill would repeal the January 1, 1999 sunset, or
expiration, date of the red light automated enforcement
provisions applicable to intersections, thereby extending
the authority indefinitely. Provisions authorizing use of
the systems at rail crossings are not scheduled to sunset
and would not be affected by the bill.
COMMENTS:
1. Currently, several cities are in various stages of
testing the effectiveness of red light camera systems,
including San Francisco, Santa Rosa, Oxnard, Beverly Hills,
El Cajon and Poway. Several others are planning to test
the systems, including Los Angeles, San Diego, Sacramento,
Fremont, Cupertino and Fresno, provided that the program's
provisions are extended in statute.
2. Proponents cite the experience of San Francisco as
proof of the effectiveness of the automated enforcement
system provisions; during the first 6 months of operation,
San Francisco experienced a 42% reduction in the number of
drivers running red lights at intersections equipped with
the enforcement cameras. The favorable results were
realized despite considerable problems in identifying many
drivers due to missing license plates, windshield glare and
DMV record deficiencies which invalidated large numbers of
potential citations. Still, enforcement has increased
dramatically and San Francisco is expanding its program
several-fold, from 4 locations to approximately 24
locations in the coming months.
Proponents contend that the results in San Francisco and
similar findings about to be reported by Oxnard are
consistent with the experiences of cities outside of
California and the United States and that continued use of
the equipment will have a significant beneficial effect on
red light enforcement and in reducing related accidents,
injuries and fatalities.
3. The running of red lights has long been a primary cause
of urban accidents, fatalities, injuries and property
damage. Federal and insurance authorities have reported
that, nationwide, 22% of all automobile collisions in a
given year were caused by runners of red lights, at a cost
of $7,000,000,000. Insurance industry research also has
concluded that red light violators generally have poorer
driving records than average, receive more tickets for
moving violations, use safety belts less often and
constitute a high risk group of drivers. San Francisco
reports that 17% of all its injury accidents are caused by
red light runners and estimates that more than 3,500,000
red light violations occur annually within its borders.
4. Related legislation (AB 1191, Shelley) was enacted in
1997 to increase fines for red light violations to $270,
with 30% of the fine revenues to be allocated to the
jurisdiction where the offense occurred as a means of
supporting red light enforcement efforts.
5. Camera provisions related to rail crossings were in
effect before the 1995 legislation authorizing the 3-year
demonstration program being extended by the bill. The bill
would not affect the original rail crossing provisions.
POSITIONS: (Communicated to the Committee before noon on
Friday,
January 9, 1998. )
SUPPORT: City and County of San Francisco
City of Los Angeles
City of San Diego
OPPOSED:
1/12/98