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AB-1041 Vehicles: delinquent parking violations: video imaging: transit-only lanes.(2011-2012)

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Assembly Bill No. 1041
CHAPTER 325

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

[ Approved by Governor  September 26, 2011. Filed with Secretary of State  September 26, 2011. ]

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.