§ 22425. — 22425. (Added by Stats. 2023, Ch. 808, Sec. 4.)
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(a)
As used in this article, the following definitions apply:
(1)
“Automated speed violation” means a violation of a speed law detected by a speed safety system operated pursuant to this article.
(2)
“Designated jurisdiction” means any of the Cities of Los Angeles, San Jose, Oakland, Glendale, or Long Beach, or the City and County of San Francisco.
(3)
A person is “indigent” if either of the following conditions is met:
(A)
The person meets the income criteria set forth in
subdivision (b) of Section 68632 of the Government Code.
(B)
The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code.
(4)
“Local department of transportation” means a designated jurisdiction’s department of transportation or, if a designated
jurisdiction does not have a department of transportation, their administrative division, including, but not limited to, a public works department that administers transportation and traffic matters under this code.
(5)
“School zone” means an area described by subdivision (b) of Section 40802.
(6)
“Speed safety system” or “system” means a fixed or mobile radar or laser system or any other electronic device that utilizes automated
equipment to detect a violation of speed laws and obtains a clear photograph of a speeding vehicle’s license plate.
(b)
(1)
A designated jurisdiction may establish a program for speed enforcement that utilizes a speed safety system, to be operated by a local department of transportation, in the following areas:
(A)
On a street meeting the standards of a safety corridor under Section 22358.7.
(B)
On a street a local authority has determined to have had a high number of incidents for motor vehicle speed contests or motor vehicle exhibitions of speed. For the purposes of this provision, a high number of incidents shall be calls for law enforcement to respond to the area for at least four separate incidences of a motor vehicle speed contest or motor vehicle exhibition of speed within the last two years before the placement of the speed safety system.
(C)
School zones, subject to subdivision (c).
(2)
The number of speed safety systems operated by a designated jurisdiction at any time shall be limited as follows:
(A)
For a jurisdiction with a population over 3,000,000, as determined by the United States Census Bureau in the 2020 Census, no more than 125 systems.
(B)
For a jurisdiction with a population between 800,000 and 3,000,000, inclusive, as determined by the United States Census Bureau in the 2020 Census, no more than 33 systems.
(C)
For a jurisdiction with a population of 300,000 up to 800,000, as determined by the United States Census Bureau in the 2020 Census, no more than 18 systems.
(D)
For a jurisdiction with a population of less than 300,000, as determined by the United States Census Bureau in the 2020 Census, no more than 9 systems.
(3)
A speed enforcement program developed pursuant to paragraph (1) shall place the speed safety systems in locations that are geographically and socioeconomically diverse. The designated jurisdiction shall describe how it has complied with this provision in the Speed Safety System Impact Report described in subdivision (h).
(c)
If a speed safety system is deployed in a school zone and the school zone has a higher posted speed limit when children are not present, a designated jurisdiction may
only enforce the school zone speed limit up to one hour before the regular school session begins, 10 minutes after school begins, one hour during lunch period, and up to one hour after regular school session concludes. For these school zones, flashing beacons activated by a time clock, other automatic device, or manual activation shall be installed on a school zone sign and be active to indicate the times during which the school zone speed limit is enforced with a speed safety system.
(d)
A speed safety system may be utilized
pursuant to subdivision (b) if the program meets all of the following requirements:
(1)
Clearly identifies the presence of the speed safety system by signs stating “Photo Enforced,” along with the posted speed limit no more than 500 feet before the placement of the system. The signs shall be visible to traffic traveling on the street from the direction of travel for which the system is utilized, and shall be posted at all locations as may be determined necessary by the Department of Transportation
after consultation with the California Traffic Control Devices Committee.
(2)
Identifies the streets or portions of streets that have been approved for enforcement using a speed safety system and the hours of enforcement on the municipality’s internet website, which shall be updated whenever the municipality changes locations of enforcement.
(3)
Ensures that the speed safety system is regularly inspected, but no less than once every 60 days, and certifies that the system is installed and operating properly. Each camera unit shall be calibrated in accordance with the manufacturer’s
instructions, and at least once per year by an independent calibration laboratory. Documentation of the regular inspection, operation, and calibration of the system shall be retained at least 180 days after the date on which the system has been permanently removed from use.
(4)
Utilizes fixed or mobile speed safety systems that provide real-time notification to the driver when violations are detected.
(e)
A speed safety system shall not be operated on any California state route,
as defined in Section 231 of the Streets and Highways Code, including all freeways and expressways, United States highways, interstate highways, or any public road in unincorporated areas of any county where the Commissioner of the California Highway Patrol has full responsibility and primary jurisdiction for the administration and enforcement of the laws, and for the investigation of traffic accidents, pursuant to Section 2400.
(f)
Prior to enforcing speed laws utilizing speed safety systems, the designated jurisdiction shall do both of the following:
(1)
Administer a public information campaign for at least 30 calendar days prior to the commencement of the program, which shall include public announcements in major media outlets and press
releases. The public information campaign shall include the draft Speed Safety System Use Policy pursuant to subdivision (g), the Speed Safety System Impact Report pursuant to subdivision (h), information on when systems will begin detecting violations, the streets, or portions of streets, where systems will be utilized, and the designated jurisdiction’s internet website, where additional information about the program can be obtained. Notwithstanding the above, no further public announcement by the municipality shall be required for additional systems that may be added to the program.
(2)
(A)
Issue warning notices rather than notices of violation for violations detected by the speed safety systems during the first 60 calendar days of enforcement under the program. If additional systems are utilized on additional streets
after the initial program implementation, the designated jurisdiction shall issue warning notices rather than notices of violation for violations detected by the new speed safety systems during the first 60 calendar days of enforcement for the additional streets added to the program.
(B)
A vehicle’s first violation within a designated jurisdiction for traveling 11 to 15 miles per hour over the posted speed limit shall be a warning notice.
(g)
The governing body of a designated jurisdiction shall adopt a Speed Safety System Use Policy before entering into an agreement regarding a speed safety system, purchasing or leasing equipment for a program, or implementing a program. The Speed Safety System
Use Policy shall set forth the specific purpose for the system, the uses that are authorized, the rules and processes required to be followed by employees and contractors of the designated jurisdiction administering the system prior to its use, and the uses of the equipment and data collected that are prohibited. The policy shall
identify the data or information that can be collected by the speed safety system and the individuals who can access or use the collected information, and the rules and processes related to the access, transfer, and use or use of the information. The policy shall also include provisions for protecting data from unauthorized access, data retention, public access, third-party data sharing, training, auditing, and oversight to ensure compliance with the Speed Safety System Use Policy. The Speed Safety System Use Policy shall be made available for public review, including, but not limited to, by posting it on the
designated jurisdiction’s internet website at least 30 calendar days prior to adoption by the governing body of the designated jurisdiction.
(h)
(1)
The governing body of the designated jurisdiction also shall approve a Speed Safety System Impact Report prior to implementing a program. The Speed Safety System Impact Report shall include all of the following information:
(A)
Assessment of potential impact of the speed safety system on civil liberties and civil rights and any plans to safeguard those public rights.
(B)
Description of the speed safety system and how it works.
(C)
Fiscal costs for the speed safety system, including program establishment costs, ongoing costs, and program funding.
(D)
If potential deployment locations of systems are predominantly in low-income neighborhoods, a determination of why these locations experience high fatality and injury collisions due to unsafe speed.
(E)
Locations where the system may be deployed and traffic data for these locations, including the address of where the cameras will
be located.
(F)
Proposed purpose of the speed safety system.
(2)
The Speed Safety System Impact Report shall be made available for public review at least 30 calendar days prior to adoption by the governing body at a public hearing.
(3)
The governing body of the designated jurisdiction shall consult and work collaboratively with relevant local stakeholder organizations, including racial equity, privacy protection, and economic justice groups, in developing the Speed Safety System Use Policy and Speed Safety System Impact Report.
(i)
The designated jurisdiction shall develop uniform guidelines, consistent with the provisions of this section, for both of the following:
(1)
The screening and issuing of notices of violation.
(2)
The processing and storage of confidential information and procedures to ensure compliance with confidentiality requirements.
(j)
Notices of violation issued pursuant to this section shall include a clear photograph of the license plate and rear of the vehicle only,
identify the specific section of the Vehicle Code violated, the camera location, and the date and time when the violation occurred. Notices of violation shall exclude images of the rear window area of the vehicle.
(k)
The photographic evidence stored by a speed safety system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.
(l)
(1)
Notwithstanding any provision of the California Public Records Act, or any other law,
photographic or administrative records made by a system shall be confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article or to assess the impacts of the system. Data about the number of violations issued and the speeds at which they were issued is not considered an administrative record required not to be disclosed by this section.
(2)
Confidential information obtained from the
Department of Motor Vehicles for the administration of speed safety systems and enforcement of this article shall be held confidential, and shall not be used for any other purpose. Designated jurisdictions agents shall establish procedures to protect the confidentiality of these records consistent with Section 1808.47.
(3)
Except for court records described in Section 68152 of the Government Code, or as provided in paragraph (4), the confidential records and evidence described in paragraphs (1) and (2) may be retained for up to 60 days after final disposition of the notice of
violation. The designated jurisdiction may retain information that a vehicle has been cited and fined for a violation for up to three years. The municipality may adopt a retention period of less than 60 days in the Speed Safety System Use Policy. Administrative records described in paragraph (1) may be retained for up to 120 days after final disposition of the notice of violation. Notwithstanding any other law, the confidential records and evidence shall be destroyed in a manner that maintains the confidentiality of any person included in the record or evidence.
(4)
Photographic evidence that is obtained from a speed safety system that does not result in the issuance of a notice of violation shall be destroyed within five business days after the photograph was first made. The use of facial recognition technology in conjunction with a speed safety system shall be prohibited.
(5)
Information collected and maintained by a designated jurisdiction to administer a program
shall only be used to administer
the program, and shall not be disclosed to any other persons, including, but not limited to, any other state or federal government agency or official for any other purpose, except as required by state or federal law, court order, or in response to a subpoena in an individual case or proceeding.
(m)
Notwithstanding subdivision (l), 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 and obtain a copy of the photographic evidence of the alleged violation.
(n)
A contract between the designated jurisdiction and a manufacturer or supplier of
speed safety systems shall allow the local authority to purchase materials, lease equipment, and contract for processing services from the manufacturer or supplier based on the services rendered on a monthly schedule or another schedule agreed upon by the municipality and contractor. The contract shall not allow for payment or compensation based on the number of notices of violation issued, or as a percentage of revenue generated, from the use of the system. The contract shall include a provision that
all data collected from the speed safety systems is confidential, and shall prohibit the manufacturer or supplier of the contracted speed safety system from sharing, repurposing, or monetizing collected data, except as specifically authorized in this article. The designated jurisdiction shall oversee, maintain control, and have the final decision over all enforcement activities, including the determination of when a notice of violation should
be issued.
(o)
Notwithstanding subdivision (n), a designated jurisdiction may contract with a vendor for the processing of notices of violation after an employee of a designated jurisdiction has issued a notice of violation. The vendor shall be a separate legal and corporate entity from, and not related to or affiliated in any manner with, the manufacturer or supplier of speed safety systems used by the designated jurisdiction. Any contract between the designated jurisdiction
and a vendor to provide processing services may include a provision for the payment of compensation based on the number of notices of violation processed by the vendor.
(p)
(1)
A speed safety system at a specific location shall be operated for no more than 18 months after installation of a system, unless one of the following thresholds has been met:
(A)
A reduction in the 85th percentile speed of vehicles compared to data collected before the system was in operation.
(B)
A 20-percent reduction in vehicles that exceed the posted speed limit by 10 miles per hour or more compared to data collected before the system was in operation.
(C)
A 20-percent reduction in the number of violators who received two or more violations at the location since the system became operational.
(2)
(A)
Paragraph (1) does not apply if a designated jurisdiction adds traffic-calming measures to the street. “Traffic-calming measures” include, but are not limited to, all of the following:
(i)
Bicycle lanes.
(ii)
Chicanes.
(iii)
Chokers.
(iv)
Curb extensions.
(v)
Median islands.
(vi)
Raised crosswalks.
(vii)
Road diets.
(viii)
Roundabouts.
(ix)
Speed humps or speed tables.
(x)
Traffic circles.
(xi)
Flashing beacons for school zone speed limits.
(B)
A designated jurisdiction may continue to operate a speed safety system with a fixed or mobile vehicle speed feedback sign while traffic-calming measures are being planned or constructed, but shall halt their use if construction has not begun within two years.
(3)
If the percentage of violations has not decreased by the metrics
identified pursuant to paragraph (1) within one year after traffic-calming measures have completed construction, a designated jurisdiction shall either construct additional traffic-calming measures or cease operation of the system on that street.
(q)
The speed safety system, to the extent feasible, shall be angled and focused so as to only capture photographs of speeding violations and shall not capture identifying images of other drivers, vehicles, or pedestrians.
(r)
Notwithstanding subdivision (c) of Section 21455.6, the designated jurisdictions listed herein may use automated enforcement systems and photo radar for speed enforcement consistent with this article.
California § 22425. (22425. (Added by Stats. 2023, Ch. 808, Sec. 4.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.