Today's Law As Amended


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AB-2687 Automated traffic enforcement systems. (2023-2024)



As Amends the Law Today


SECTION 1.

 Section 21455.8 is added to the Vehicle Code, to read:

21455.8.
 (a) A city or city and county may establish, for a period of five years, an automated traffic enforcement system pursuant to this section if all of the following are met:
(1) The system meets the criteria specified in Section 21455.5.
(2) A violation of any traffic law that is recorded by an automated traffic enforcement system authorized pursuant to Section 21455.5 and this section shall be subject only to a civil penalty, and shall not result in the department suspending or revoking the privilege of a violator to drive a motor vehicle or in a violation point being assessed against the violator.
(3) The automated traffic enforcement system shall capture images of the rear license plate of vehicles running red lights and notices of violation shall only be issued to registered owners of those vehicles based on that evidence.
(4) A civil penalty shall not be assessed against an authorized emergency vehicle.
(5) The notice of violation shall be in writing and issued to the registered owner of the vehicle within 15 calendar days of the date of the violation. The notice of violation shall include all of the following information:
(A) The violation, including reference to the vehicle law that was violated.
(B) The date, approximate time, and location where the violation occurred.
(C) The vehicle license number and the name and address of the registered owner of the vehicle.
(D) A statement that payment is required to be made no later than 30 calendar days from the date of mailing of the notice of violation, or that the violation may be contested pursuant to Section 22427.
(E) The amount of the civil penalty due for that violation and the procedures for the payment of the civil penalty or for contesting the notice of violation.
(F) An affidavit of nonliability, and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the processor. If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of violation, together with proof of a written lease or rental agreement between a bona fide rental company, as defined in Section 1939.01 of the Civil Code, or a personal vehicle sharing program, as defined in Section 11580.24 of the Insurance Code, and its customer that identifies the renter or lessee, the processing agency shall serve or mail a notice of violation to the renter or lessee identified in the affidavit of nonliability. If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of violation, together with proof of a copy of a police report indicating the vehicle had been stolen at the time of the violation, the processing agency shall not subject the registered owner to a civil violation.
(G) A proof of service consistent with Section 1013a of the Code of Civil Procedure.
(6) Revenues derived from utilizing an automated traffic enforcement system shall first be used to recover the costs of operating the system.
(b) This section shall remain in effect until January 1, 2030, and as of that date is repealed.