Cal. Vehicle Code - VEH § 22435. Section 22435.
(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 the City of Malibu.
(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 the City of Malibu’s department that administers transportation and traffic matters under this code.
(5)
“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)
The designated jurisdiction may establish a program for speed enforcement that utilizes up to five speed safety systems, to be operated by the local department of transportation, on the Pacific
Coast Highway.
(c)
The speed safety system may be utilized pursuant to subdivision (b) if the program meets all of the following requirements:
(1)
The designated jurisdiction continues funding the additional traffic enforcement on the Pacific Coast Highway provided by the Department of the California Highway Patrol.
(2)
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, 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 locations as may be
determined necessary by the Department of Transportation after consultation with the California Traffic Control Devices Committee.
(3)
Identifies the street or portions of the street 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.
(4)
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.
(5)
Utilizes fixed or mobile speed safety systems that
provide real-time notification to the driver when violations are detected.
(d)
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 (e), the Speed Safety System Impact Report pursuant to subdivision (f), information on when systems will begin detecting violations, the street, or portions of the street, 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 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 governing body of the 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.
(f)
(1)
The governing body of the designated jurisdiction 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 the 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 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.
(g)
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.
(h)
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.
(i)
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.
(j)
(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 governmental 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.
(k)
Notwithstanding subdivision (j), 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.
(l)
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 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 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.
(m)
Notwithstanding subdivision (l), 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.
(n)
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.
(o)
Notwithstanding subdivision (c) of Section 21455.6, the designated jurisdiction listed herein may use automated enforcement systems and photographic radar for speed enforcement consistent with this article.