Bill Text: CA AB1041 | 2011-2012 | Regular Session | Chaptered


Bill Title: Vehicles: delinquent parking violations: video imaging:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State - Chapter 325, Statutes of 2011. [AB1041 Detail]

Download: California-2011-AB1041-Chaptered.html
BILL NUMBER: AB 1041	CHAPTERED
	BILL TEXT

	CHAPTER  325
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2011
	PASSED THE SENATE  AUGUST 31, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 10, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 18, 2011

   An act to amend Sections 40207, 40240, 40242, and 40243 of the
Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1041, Ma. Vehicles: delinquent parking violations: video
imaging: transit-only lanes.
    Existing law authorizes the City and County of San Francisco (San
Francisco), until January 1, 2012, to enforce parking violations in
specified transit-only traffic lanes through the use of video imaging
evidence and authorizes San Francisco to install automated
forward-facing parking control devices on city-owned public transit
vehicles for the purpose of video imaging of parking violations
occurring in transit-only traffic lanes. Existing law requires a
designated employee, who is qualified by San Francisco, to review the
video image for determining whether these parking violations have
occurred and to issue a notice of a parking violation to the
registered owner within 15 days of the violation. Existing law
requires that the video image records be confidential and available
only to public agencies to enforce parking violations and that the
City and County of San Francisco provide to the transportation
committees of the Legislature an evaluation of the pilot program's
effectiveness no later than March 1, 2011, if it implements a pilot
program pursuant to these provisions.
   This bill would extend the above-described provisions to January
1, 2016, and would redefine "transit-only traffic lane" as any
designated transit-only lane on which use is restricted to mass
transit vehicles, or other designated vehicles including taxis and
vanpools, during posted times. The bill would also delete the
prohibition that video images captured pursuant to these provisions
shall not be transmitted wirelessly and would require that the
devices record the date and time of the violation at the same time as
the video images are captured. The bill would extend to January 1,
2016, those provisions governing the content of a delinquent parking
violation that are applicable to notices of parking violations in
specified transit-only lanes issued by the City and County of San
Francisco.
   The bill would also require instead the City and County of San
Francisco to provide to the transportation and judiciary committees
of the Legislature an evaluation of the pilot program's effectiveness
and impact on privacy no later than March 1, 2015, if it implements
the pilot program pursuant to these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 40207 of the Vehicle Code, as amended by
Section 1 of Chapter 471 of the Statutes of 2010, is amended to read:

   40207.  (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section
40202, subdivision (a) of Section 40241, or subdivision (a) of
Section 40248, as applicable, and Section 40203, and, additionally
shall contain a notice to the registered owner that, unless the
registered owner pays the parking penalty or contests the citation
within 21 calendar days from the date of issuance of the citation or
14 calendar days after the mailing of the notice of delinquent
parking violation or completes and files an affidavit of nonliability
that complies with Section 40208 or 40209, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent parking violation. If the registered owner, by
appearance or by mail, makes payment to the processing agency within
21 calendar days from the date of issuance of the citation or 14
calendar days after the mailing of the notice of delinquent parking
violation, the parking penalty shall consist solely of the amount of
the original penalty. Additional fees, assessments, or other charges
shall not be added.
   (b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 2.  Section 40207 of the Vehicle Code, as amended by Section 2
of Chapter 471 of the Statutes of 2010, is amended to read:
   40207.  (a) The notice of delinquent parking violation shall
contain the information specified in subdivision (a) of Section 40202
or subdivision (a) of Section 40248, as applicable, and Section
40203, and, additionally shall contain a notice to the registered
owner that, unless the registered owner pays the parking penalty or
contests the citation within 21 calendar days from the date of
issuance of the citation or 14 calendar days after the mailing of the
notice of delinquent parking violation or completes and files an
affidavit of nonliability that complies with Section 40208 or 40209,
the renewal of the vehicle registration shall be contingent upon
compliance with the notice of delinquent parking violation. If the
registered owner, by appearance or by mail, makes payment to the
processing agency within 21 calendar days from the date of issuance
of the citation or 14 calendar days after the mailing of the notice
of delinquent parking violation, the parking penalty shall consist
solely of the amount of the original penalty. Additional fees,
assessments, or other charges shall not be added.
   (b) This section shall become operative on January 1, 2016.
  SEC. 3.  Section 40240 of the Vehicle Code is amended to read:
   40240.  (a) The City and County of San Francisco may install
automated forward facing parking control devices on city-owned public
transit vehicles, as defined by Section 99211 of the Public
Utilities Code, for the purpose of video imaging of parking
violations occurring in transit-only traffic lanes. Citations shall
be issued only for violations captured during the posted hours of
operation for a transit-only traffic lane. The devices shall be
angled and focused so as to capture video images of parking
violations and not unnecessarily capture identifying images of other
drivers, vehicles, and pedestrians. The devices shall record the date
and time of the violation at the same time as the video images are
captured.
   (b) Prior to issuing notices of parking violations pursuant to
subdivision (a) of Section 40241, the City and County of San
Francisco shall commence a program to issue only warning notices for
30 days. The City and County of San Francisco shall also make a
public announcement of the program at least 30 days prior to
commencement of issuing notices of parking violations.
   (c) A designated employee of the City and County of San Francisco,
who is qualified by the city and county to issue parking citations,
shall review video image recordings for the purpose of determining
whether a parking violation occurred in a transit-only traffic lane.
A violation of a statute, regulation, or ordinance governing vehicle
parking under this code, under a federal or state statute or
regulation, or under an ordinance enacted by the City and County of
San Francisco occurring in a transit-only traffic lane observed by
the designated employee in the recordings is subject to a civil
penalty.
   (d) The registered owner shall be permitted to review the video
image evidence of the alleged violation during normal business hours
at no cost.
   (e) (1) Except as it may be included in court records described in
Section 68152 of the Government Code, or as provided in paragraph
(2), the video image evidence may be retained for up to six months
from the date the information was first obtained, or 60 days after
final disposition of the citation, whichever date is later, after
which time the information shall be destroyed.
   (2) Notwithstanding Section 26202.6 of the Government Code, video
image evidence from forward facing automated enforcement devices that
does not contain evidence of a parking violation occurring in a
transit-only traffic lane shall be destroyed within 15 days after the
information was first obtained.
   (f) Notwithstanding Section 6253 of the Government Code, or any
other provision of law, the video image records are confidential.
Public agencies shall use and allow access to these records only for
the purposes authorized by this article.
   (g) For purposes of this article, "local agency" means the City
and County of San Francisco.
   (h) For purposes of this article, "transit-only traffic lane"
means any designated transit-only lanes on which use is restricted to
mass transit vehicles, or other designated vehicles including taxis
and vanpools, during posted times.
  SEC. 4.  Section 40242 of the Vehicle Code is amended to read:
   40242.  If the City and County of San Francisco implements a
parking enforcement pilot program pursuant to this article, no later
than March 1, 2015, the City and County of San Francisco shall
provide to the transportation and judiciary committees of the
Legislature an evaluation of the pilot program's effectiveness and
impact on privacy in compliance with Section 9795 of the Government
Code.
  SEC. 5.  Section 40243 of the Vehicle Code is amended to read:
   40243.  This article shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.                                                      
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