Bill Text: CA SB125 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: toll highways or vehicular crossings: evading

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB125 Detail]

Download: California-2011-SB125-Introduced.html

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BILL NUMBER: SB 125	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        JANUARY 26, 2011

   An act to add Section 23304 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 125, as introduced, Emmerson. Vehicles: toll highways or
vehicular crossings: evading toll payments: penalties.
   Existing law makes it unlawful for a person to evade or attempt to
evade the payment of tolls or other charges on any vehicular
crossing or toll highway and imposes a civil penalty for violation of
this law.
   This bill would authorize a local authority, by ordinance or
resolution, to implement a specified program under which the local
authority may attach a wheel boot to, and in some cases impound, a
vehicle registered to a "chronic evader of toll payments," as
defined.
   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 23304 is added to the Vehicle Code, to read:
   23304.  (a) For purposes of this section, the following
definitions apply:
   (1) "Chronic evader of toll payments" is a person who has been
issued three or more notices of toll evasion for a violation of
subdivision (a) of Section 23302.5, over a designated period of time,
to which the registered owner has not responded.
   (2) "Issuing agency" shall have the same meaning as provided in
subdivision (e) of Section 40250.
   (3) "Wheel boot" is a device, also known as a "wheel clamp," which
is attached to the wheel of a vehicle and is designed to immobilize
the vehicle and prevent the removal of the device and the wheel.
   (b) A local authority, by ordinance or resolution, may implement a
program under which the local authority may attach a wheel boot to
the wheel of a vehicle that is located in the local authority's
jurisdiction and that is registered to a chronic evader of toll
payments who has been issued three or more notices of toll evasion
from an issuing agency authorized to collect tolls within the
jurisdiction of the local authority.
   (c) (1) The program may require that the wheel boot remain on the
vehicle until all required penalties imposed pursuant to subdivision
(b) of Section 23302.5 are paid to the issuing agency authorized to
collect tolls in the city or county where the violations occurred.
   (2) (A) A local authority may remove and store a vehicle upon
which a wheel boot has been attached pursuant to this section if the
penalties are not paid within a time period established by the local
authority, but not less than 72 hours from the time that the wheel
boot was attached.
   (B) The removal and storage of a vehicle pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage of a vehicle set forth in Article
2 (commencing with Section 22850) of Chapter 10.
   (d) A notice of toll evasion violation shall inform the recipient
that repeated unpaid toll evasion violations will subject a vehicle
to restriction of this section.