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Red-light camera regulation bill moves forward

By Josh Richman
Monday, May 16th, 2011 at 3:29 pm in California State Senate, Joe Simitian.

A bill to regulate “red-light cameras” – including provisions to make it easier to challenge unjustified traffic tickets – passed the state Senate today on a unanimous 36-0 vote; it now goes to the Assembly.

SB 29 by state Sen. Joe Simitian, D-Palo Alto, would require that camera locations be chosen on safety considerations, and not on their potential to generate revenue; a traffic violation notice intended to identify the driver in an alleged violation – a so-called “snitch ticket” – must make clear that owners of vehicles allegedly involved are not required to incriminate themselves or anyone else who might have been driving the vehicle; tickets explain how those receiving them can view the photographic evidence and discuss it by telephone or in person with the agency issuing the ticket; tickets identify the company operating the camera and provide contact information for the agency issuing the ticket; and a sign be posted within 200 feet of every intersection with a red light camera.

simitian.jpg“This bill is designed to make sure that people’s due process rights are protected as they work their way through the system, and to make sure that if somebody gets a ticket that they shouldn’t have, they have a way out of the system that’s relatively quick and convenient,” Simitian said in a news release.

Drivers across the state have questioned the cameras’ accuracy, and courts have questioned the validity of evidence they produce. Simitian said he’s not against the cameras entirely, “they raise issues of accuracy, privacy and due process. I believe that traffic tickets should only be issued to improve public safety, not to raise revenue.”

Simitian had authored a similar bill last year born of his annual “There Oughta Be a Law” contest; San Jose resident Vera Gil proposed it after getting multiple tickets from red light cameras for a car in Southern California she does not own and has never driven.

“People who get tickets for someone else’s car need a way to straighten things out,” Gil said in Simitian’s news release. “In my case, the license plate was one letter different than mine. I understand how that mistake happens, but it took weeks and weeks to clear-up. There was no information on who to call. I think that the cameras are helpful, but a ticket can be a real thorn in the side of the person who receives it mistakenly.”

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  • Henry

    Simitian is not the motorist’s friend. He is a long time supporter of cameras, and always votes for bigger fines, more surcharges. This current bill is his devious attempt to give the appearance of doing something, to deceive his many constituents who are calling his offices to complain about the ticket mills in his district and north of it on the Peninsula. The bill actually makes things worse. For example, it reduces the number of warning signs, from four per intersection under current law, to just one or two. (Compare the bill’s version of 21455.5(a)(1) to the current version.) The bill also appears to allow a delay, beyond 15 days, of the mailing of a Notice to Appear. (See the bill’s 40518(c).) If Simitian really wanted to help motorists, he would do a bill to cut the fine for rolling right turns, like what Assy. Jerry Hill proposed last year.

    I am actually more concerned about some of the other motoring legislation going thru the legislature right now, and the fact that no one seems to be writing about it.
    There is a bill to legalize photo enforcement of speed (AB 1311). AKA: Photo Radar.
    There is AB 3, which started out good, to do something about the 1.5 million cars with protected plates (these are the private vehicles of government employees and their families, and the plates make them immune to camera tickets). But it has just been amended into worthlessness, no doubt because of pressure from govt. employee organizations.

    If you too are concerned, phone your legislators.