3/21/2005California Considers Statewide Photo Radar
A California state Senator has introduced legislation to authorize photo radar throughout the state.
California state Senator Sheila Kuehl (D-Los Angeles) has introduced legislation to authorize photo radar throughout the state. The City of Los Angeles has made passing this bill a priority.
Proponents of the measure argue that it is necessary to curb speeding on residential streets and that mobile radar units would only be dispatched after residents signed a petition asking for the devices. The legislation itself, however, leaves it up to "a local authority, in cooperation with a law enforcement agency" to choose locations where speed cameras would be used.
SB 466Source: Backseat driver: Statewide speeding bill may raise hackles - sacbee.com (Sacramento Bee, 3/21/2005)
INTRODUCED BY Senator Kuehl on FEBRUARY 18, 2005
An act to add and repeal Section 22368 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 466, as introduced, Kuehl. Mobile photo radar enforcement system.
Existing law authorizes the equipping, by governmental agencies, in cooperation with law enforcement agencies, of automated enforcement systems, as defined, provides a special procedure in connection with certain alleged violations recorded by an automated enforcement system, and limits the availability of photographic records to the purposes of the law.
This bill would permit a similar enforcement system, a mobile photo radar enforcement system, allowing a county or city in cooperation with a local law enforcement agency, to operate that system if its operation includes specific activities and is used only for purposes of enforcing certain speed laws.
This bill would provide that its provisions would only remain in effect until January 1, 2008, and as of that date would be repealed.
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 22368 is added to the Vehicle Code, to read:
22368. (a) A mobile photo radar enforcement system may be utilized by a local authority for speed enforcement if the local authority complies with all of the following requirements:
(1) Identifies the system by signs that clearly indicate the system's presence and are visible to traffic entering the street on which the mobile system is utilized.
(2) Identifies the vehicle containing the mobile photo radar equipment.
(3) Utilizes the system for speed enforcement only on streets within residential districts.
(b) Prior to issuing citations under this section, a local authority utilizing a mobile photo radar traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local authority shall also make a public announcement of the system at least 30 days prior to the commencement of the enforcement program.
(c) Only a local authority, in cooperation with a law enforcement agency, may operate a photo radar enforcement system. As used in this subdivision, "operate" includes all of the following activities:
(1) Developing uniform guidelines for screening and issuing violations and for the processing and storage of confidential information, and establishing procedures to ensure compliance with those guidelines.
(2) Performing administrative functions and day-to-day functions, including, but not limited to, all of the following:
(A) Establishing guidelines for selection of a location where the system will be utilized.
(B) Ensuring that the equipment is regularly inspected.
(C) Certifying that the equipment is properly installed and calibrated, and is operating properly.
(D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a).
(E) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators.
(d) The activities listed in subdivision (c) that relate to the operation of the system maybe contracted out by the local authority, if it maintains overall control and supervision of the system.
However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), and (E) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the mobile photo radar enforcement system.
(e) (1) Notwithstanding Section 6253 of the Government Code, or any other provision of law, photographic records made by a mobile photo radar enforcement system shall be confidential, and shall he made available only to governmental agencies and law enforcement agencies and only for the purposes of enforcing this article.
(2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential and shall not be used for any other purpose.
(3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after that time the information shall be destroyed in a manner that will preserve the confidentiality of a person included in the record or information.
(f) Notwithstanding subdivision (d), the registered owner or an individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation.
(g) A contract between a local authority and a manufacturer or supplier of mobile photo radar enforcement equipment shall not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section.
(h) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.
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