Article 5. State Highway Work Zone Speed Safety Program
22445.
(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) “Construction
Zone Enhanced Enforcement Program” refers to a program whereby the
Department of Transportation contracts with the Department of the
California Highway Patrol to reimburse the actual and incurred costs
for supplemental California Highway Patrol units to assist in the
management of traffic passing through state highway construction zones.
(3) “Department” means the Department of Transportation.
(4) 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.
(5) “Maintenance
Zone Enhanced Enforcement Program” refers to a program whereby the
Department of Transportation contracts with the Department of the
California Highway Patrol to reimburse the actual and incurred costs
for supplemental California Highway Patrol units to assist in the
management of traffic passing through state highway maintenance project
zones.
(6) “Speed
safety system” means a fixed or mobile radar or laser system or any
other electronic device that utilizes automated equipment to detect a
violation of speeding laws and is designed to obtain a clear
photographic image of a rear vehicle license plate. “Speed safety
system” is also known as an automated speed enforcement system.
(7) “State
highway work zone” means a state highway construction or maintenance
area, during any time when traffic is regulated or restricted through
or around that area pursuant to Section 21367.
(b) The
department may establish a program for automated speed enforcement that
utilizes up to 35 speed safety systems, to be operated by the
department in state highway work zones.
(c) The
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 speed limit signs with flashing
beacons and speed feedback signs, between 500 feet and one mile,
inclusive, before the placement of the system, as determined by the
department. The signs shall be visible to traffic traveling on the
highway from the direction of travel for which the system is utilized,
and shall be posted at locations as may be determined necessary by the
department after consultation with the California Traffic Control
Devices Committee.
(2) Identifies
the state highway work zones approved for enforcement using a speed
safety system and the hours of enforcement on the department’s internet
website, which shall be updated whenever the department changes
locations of enforcement.
(3) Ensures
that the speed safety system is regularly inspected 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
for 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.
(5) A
speed safety system records speed violations and actively issues
citations only when workers from the Department of Transportation,
including persons contracted to perform construction, maintenance, or
repair of a highway, are present in the state highway work zone.
(d) Prior to enforcing speed laws utilizing speed safety systems, the department 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 information on when systems will
begin detecting violations in state highway work zones, and the
department’s internet website, where additional information about the
program can be obtained. Notwithstanding the above, no further public
announcement by the department 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 system during the first 60 calendar days
of enforcement under the program.
(B) A
vehicle’s first violation for traveling 11 to 15 miles per hour over
the posted speed limit shall be a warning notice.
(e) The
department shall adopt written guidelines for the use of speed safety
systems prior to entering into an agreement regarding a speed safety
system, purchasing or leasing equipment for a program, or implementing
a program. In developing the guidelines, the department shall consult
with the relevant state agencies and relevant stakeholder
organizations, including, but not limited to, racial equity, privacy
protection, and economic justice groups. The written guidelines shall
be made available for public review at least 30 calendar days prior to
adoption. Upon adoption of the guidelines, the department shall post
the final adopted guidelines on its internet website. The written
guidelines shall include all of the following:
(1) A
statement of the specific purpose for the speed safety system, the uses
that are authorized and uses that are prohibited, and the procedures
required prior to that use.
(2) An
identification of 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 processes related to the access,
transfer, or use of the information.
(3) The
allowable uses for information collected and maintained is limited to
the administration of the state highway work zone speed safety program
only.
(4) Procedures for the retention and disposal of data collected by the speed safety system.
(5) Procedures for the screening and issuing of notices of violation.
(6) Procedures for the storage of confidential information to ensure compliance with confidentiality requirements.
(f) The
development and adoption of guidelines pursuant to this article are
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
(g) Notices
of violation issued pursuant to this section shall include a clear
image 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.
(h) 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.
(i) (1) Notwithstanding
any provision of the California Public Records Act, or any other law,
any photographic image or administrative records made by a system shall
be confidential. The department 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. The department and its contractors and 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 department may
retain information that a vehicle has been cited and fined for a
violation for up to three years. The department may adopt a retention
period of less than 60 days. 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) The
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 it 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 the department to administer the 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 governmental agency or official for any other
purpose, except as required by a court order, or in response to a
subpoena in an individual case or proceeding.
(j) Notwithstanding
subdivision (i), 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
photograph of the alleged violation.
(k) A
contract between the department and a manufacturer or supplier of speed
safety systems shall allow the department 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 department 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 system 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
department 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.
(l) Notwithstanding
subdivision (k), the department may contract with a vendor for the
processing of notices of violation after an employee of the department
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 department. Any contract between the department 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.
(m) The
speed safety system, to the extent feasible, shall be angled and
focused so as to only capture rear license plate photographs of
speeding violations and shall not capture identifying images of other
drivers or vehicles.
(n) Notwithstanding
subdivision (c) of Section 21455.6, the department may use automated
enforcement systems and photo radar for speed enforcement consistent
with this article.
22445.1.
(a) Notwithstanding any other law, a violation of any speed
law pursuant to this chapter that is recorded by a speed safety system
authorized pursuant to Section 22445 shall be subject only to a civil
penalty, as provided in subdivision (c), and shall not result in the
Department of Motor Vehicles suspending or revoking the privilege of a
violator to drive a motor vehicle or in a violation point being
assessed against the violator.
(b) The
speed safety system shall capture images of the rear license plate of
vehicles that are traveling 11 miles per hour or more over the posted
speed limit and notices of violation shall only be issued to registered
owners of those vehicles based on that evidence.
(c) A civil penalty shall be assessed as follows:
(1) Fifty dollars ($50) for driving at a speed of 11 to 15 miles per hour over the posted speed limit.
(2) One hundred dollars ($100) for driving at a speed of 16 to 25 miles per hour over the posted speed limit.
(3) Two
hundred dollars ($200) for driving at a speed of 26 miles per hour or
more over the posted speed limit, unless paragraph (4) applies.
(4) Five hundred dollars ($500) for driving at a speed of 100 miles per hour or more.
(d) A civil penalty shall not be assessed against an authorized emergency vehicle.
(e) 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:
(1) The
violation, including reference to the speed law that was violated, the
speed of the vehicle, the speed limit for the road on which the
violation occurred, and verification of the most recent calibration of
the system in accordance with paragraph (3) of subdivision (c) of
Section 22445.
(2) The date, approximate time, and location where the violation occurred.
(3) The vehicle license number and the name and address of the registered owner of the vehicle.
(4) 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 22445.2.
(5) 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.
(6) 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 department 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 department 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 department 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 department shall not subject the registered
owner to a civil violation.
(7) A
phone number that the recipient may use to request additional
information about the State Highway Work Zone Speed Safety Program.
(8) A proof of service consistent with Section 1013a of the Code of Civil Procedure.
(f) (1) Moneys
generated from the issuance of citations pursuant to the state highway
work zone speed safety program shall be deposited in the Safe Highway
Work Zone Account, which is hereby created in the State Transportation
Fund. Moneys in the account shall be continuously appropriated to the
department for the administration of this program. Any remaining funds
shall be used by the department for the Construction Zone Enhanced
Enforcement Program and the Maintenance Zone Enhanced Enforcement
Program.
(2) It
is the intent of the Legislature that speed safety systems complement
traffic enforcement by the Department of the California Highway Patrol,
and that the program authorized by Section 22445 shall supplement, and
not supplant, existing traffic enforcement efforts in highway
construction and maintenance zones, including the Construction Zone
Enhanced Enforcement Program and the Maintenance Zone Enhanced
Enforcement Program.
(3) It
is the intent of the Legislature that the department expend for
purposes of enhanced traffic enforcement in construction and
maintenance zones an amount not less than its expenditures for the
Construction Zone Enhanced Enforcement Program and the Maintenance Zone
Enhanced Enforcement Program in the 2023–24 fiscal year.
(g) A person shall not be assessed a civil penalty if they are subject to criminal penalties for the same act.
(h) A speed safety system may only be in operation for five years, or until January 1, 2032, whichever date is sooner.
22445.2.
(a) No later than 30 calendar days from the date of mailing
of a notice of violation, the recipient may request an initial review
of the notice by the department. The request may be made by telephone,
in writing, electronically, or in person. There shall be no charge for
this review. If, following the initial review, the department is
satisfied that the violation did not occur, or that extenuating
circumstances make cancellation of the notice of violation appropriate
in the interest of justice, the department shall cancel the notice of
violation. The department shall mail the results of the initial review
to the person contesting the notice within 60 days of receipt of the
recipient’s request for an initial review, and, if cancellation of the
notice does not occur following that review, include a reason for that
denial, notification of the ability to request an administrative
hearing, and notice of the procedures adopted by the department for the
administrative hearing, including for waiving prepayment of the civil
penalty based upon an inability to pay pursuant to paragraph (2) of
subdivision (b).
(b) (1) If
the person contesting the notice of violation is dissatisfied with the
results of the initial review, the person may, no later than 21
calendar days following the mailing of the results of the department’s
initial review, request an administrative hearing of the violation. The
request may be made by telephone, in writing, electronically, or in
person.
(2) The
person requesting an administrative hearing shall pay the amount of the
civil penalty to the department. There shall be no additional charge
for this hearing. The department shall adopt a written procedure to
allow a person to request an administrative hearing without payment of
the civil penalty upon satisfactory proof of an inability to pay the
amount due.
(3) The
administrative hearing shall be held within 90 calendar days following
the receipt of a request for an administrative hearing. The person
requesting the hearing may request one continuance, not to exceed 21
calendar days.
(c) The administrative hearing process shall include all of the following:
(1) The
person requesting a hearing shall have the choice of a hearing upon
written declaration, video conference, or in person. An in-person
hearing shall be conducted within the department district where the
violation was issued.
(2) If
the person requesting a hearing is an unemancipated minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the automated speed violation without the appointment of a guardian.
The department may proceed against the minor in the same manner as
against an adult.
(3) The
administrative hearing shall be conducted in accordance with written
procedures established by the department. The hearing shall provide an
independent, objective, fair, and impartial review of contested
automated speed violations.
(4) (A) The
department shall appoint or contract with qualified independent
examiners or administrative hearing providers that employ qualified
independent examiners to conduct the administrative hearings. Examiners
shall demonstrate the qualifications, training, and objectivity
necessary to conduct a fair and impartial review, and shall meet the
minimum requirements specified in subparagraph (B). The examiner shall
be separate and independent from the notice of violation issuing and
processing functions. An examiner’s continued employment, performance
evaluation, compensation, and benefits shall not, directly or
indirectly, be linked to the amount of civil penalties upheld by the
examiner or the number or percentage of violations upheld by the
examiner.
(B) (i) Examiners
shall have a minimum of 20 hours of training. The examiner, unless an
employee of the department, is responsible for the costs of the
training. The department may reimburse the examiner for those costs.
Training may be provided through any of the following:
(I) An accredited college or university.
(II) A program conducted by the Commission on Peace Officer Standards and Training.
(III) A program conducted by the American Arbitration Association or a similar organization.
(IV) Any program approved by the department, including a program developed and provided by, or for, the department.
(ii) Training
programs shall include topics relevant to the administrative hearing,
including, but not limited to, applicable laws and regulations,
enforcement procedures, due process, evaluation of evidence, hearing
procedures, and effective oral and written communication. Upon the
approval of the department, up to 12 hours of relevant experience may
be substituted for up to 12 hours of training. Up to eight hours of the
training requirements described in this subparagraph may be credited to
an individual, at the discretion of the department, based upon training
programs or courses described in this subparagraph that the individual
attended within the last five years.
(5) The
employee of the department who issues a notice of violation shall not
be required to participate in an administrative hearing. To establish a
violation, the department shall not be required to produce any evidence
other than, in proper form, the notice of violation or copy thereof,
including the photograph of the vehicle’s license plate, and
information received from the Department of Motor Vehicles identifying
the registered owner of the vehicle. The documentation in proper form
shall be prima facie evidence of the violation. If the department meets
its initial burden, the recipient of the notice of violation may
present any evidence and argument in defense.
(6) The
examiner’s final decision following the administrative hearing may be
personally delivered to the person by the examiner or sent by
first-class mail within 60 days of the date of the conclusion of the
administrative hearing.
(7) Following
a determination by the examiner that a person has committed the
violation, the examiner or the department shall offer violation
recipients who are indigent or who otherwise provide evidence
satisfactory to the examiner or the department of an inability to pay
the civil penalty in full, the option to pay applicable fines and
penalties over a period of time under a payment plan with monthly
installments not to exceed twenty-five dollars ($25). Any processing
fee to participate in a payment plan shall not exceed five dollars ($5).
(8) If
a notice of violation is dismissed following an administrative hearing,
any civil penalty, if paid, shall be refunded by the department within
30 days.
22445.3.
(a) Within 30 days after personal delivery or mailing of the
final decision described in subdivision (c) of Section 22445.2, the
contestant may seek review by filing an appeal to the superior court,
where the case shall be heard de novo, except that the contents of the
department’s file in the case on appeal shall be lodged by the
department at its expense and be received into evidence. A copy of the
notice of violation shall be admitted into evidence as prima facie
evidence of the facts stated in the notice. A copy of the notice of
appeal shall be served in person or by certified first-class mail with
return receipt upon the department by the appellant. For purposes of
computing the 30-day period, Section 1013 of the Code of Civil
Procedure shall be applicable. A proceeding under this subdivision is a
limited civil case.
(b) The
fee for filing the notice of appeal shall be as provided in Section
70615 of the Government Code. Upon receipt of the notice of appeal, the
department shall lodge its administrative record for the case with the
court within 15 calendar days. The court shall notify the appellant of
the appearance date by mail or personal delivery. The court shall
retain the fee under Section 70615 of the Government Code regardless of
the outcome of the appeal. If the appellant prevails, this fee and any
payment of the civil penalty shall be promptly refunded by the
department in accordance with the judgment of the court.
(c) The
conduct of the hearing on appeal under this section is a subordinate
judicial duty that may be performed by a commissioner or other
subordinate judicial officer at the direction of the presiding judge of
the court.
(d) If
a notice of appeal of the examiner’s decision is not filed within the
period set forth in subdivision (a), the decision shall be deemed final.
(e) If
the civil penalty has not been paid and the final decision is adverse
to the appellant, the department may, promptly after the decision
becomes final, proceed to collect the civil penalty under Section
22445.1.
22445.4.
(a) The department shall offer the ability for indigent
speed safety system violation recipients to pay applicable fines and
penalties over a period of time under a payment plan with monthly
installments of no more than twenty-five dollars ($25) and shall limit
the processing fee to participate in a payment plan to five dollars
($5) or less.
(b) Notwithstanding
subdivision (a), the department shall reduce the applicable fines and
penalties by 80 percent for indigent persons, and by 50 percent for
individuals up to 250 percent above the federal poverty level.
(c) The
person may demonstrate that they are indigent or make up to 250 percent
above the poverty level or less by providing either of the following
information, as applicable:
(1) Proof
of income from a pay stub or another form of proof of earnings, such as
a bank statement, that shows that the person meets the income criteria
set forth in subdivision (b) of Section 68632 of the Government Code,
subject to review and approval by the department or its designee. The
department or its designee shall not unreasonably withhold its approval.
(2) Proof
of receipt of benefits under the programs described in subdivision (a)
of Section 68632 of the Government Code, including, but not limited to,
an electronic benefits transfer card or another card, subject to review
and approval by the department. The department or its designee shall
not unreasonably withhold its approval.
22445.5.
(a) No later than two years after the commencement of the
state highway work zone speed safety program, and annually thereafter,
the department shall prepare and submit a report to the Legislature
evaluating the state highway work zone speed safety program and its
impact on state highway work zone safety. The report shall be made
available on the department’s internet website and shall include all of
the following information:
(1) Data
on the number and proportion of vehicles speeding in state highway work
zones where speed safety systems were deployed from 11 to 15 miles per
hour over the legal speed limit, inclusive, from 16 to 25 miles per
hour over the legal speed limit, inclusive, from 26 miles per hour over
the legal speed limit, and for every violator traveling at a speed of
100 miles per hour or greater. Data shall also be collected on the
average speed of vehicles and 85th percentile speed of vehicles in
state highway work zones where speed safety systems were deployed.
(2) The
number of notices of violation issued under the program by month and
year, the state highway work zones where violations occurred, and the
number of vehicles with two or more violations in the same location
over a monthly period and a yearly period.
(3) Data
on the number of traffic collisions that occurred in state highway work
zones where speed safety systems were used, relative to data in all
state highway work zones. The data on traffic collisions shall be
categorized by collision type and injury severity, such as property
damage only, complaint of pain, other visible injury, or severe or
fatal injury.
(4) The
number of violations paid, the number of delinquent violations, and the
number of violations for which an initial review is requested. For the
violations in which an initial review was requested, the report shall
indicate the number of violations that went to initial review,
administrative hearing, and de novo hearing, the number of notices that
were dismissed at each level of review, and the number of notices that
were not dismissed after each level of review.
(5) The costs associated with implementation and operation of the speed safety systems, and revenues collected.
(6) The
number of notices of violations issued to indigent individuals, the
number of notices of violations issued to individuals of up to 250
percent above the poverty line, and the number of violations issued to
vehicles registered in each California ZIP Code.
(b) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
22445.6.
This article shall remain in effect only until January 1, 2032, and as of that date is repealed.
Riechel
Reports - City
of San Bruno CA Events and of Interest to San Bruno Residents