BILL ANALYSIS
AB 23
Page 1
ASSEMBLY THIRD READING
AB 23 (Ma)
As Amended January 16, 2008
Majority vote
TRANSPORTATION 11-0
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|Ayes:|Nava, Carter, DeSaulnier, | | |
| |Garrick, Horton, Houston, | | |
| |Karnette, Portantino, | | |
| |Ruskin, Solorio, Davis | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows the City of San Francisco (City) to use an
automated enforcement system to enforce the prohibition of an
illegal right turn at the intersection of Market Street and
Octavia Boulevard.
EXISTING LAW :
1)Authorizes the use of automated enforcement systems (i.e., red
light cameras) at railroad crossings and intersections to
record violations of unlawful grade crossings and running of
red lights, respectively. The law authorizes local agencies
to equip, install, and use the systems to photograph drivers
violating the grade crossing barriers and red lights after
certain public notification procedures and in accordance with
comprehensive requirements. These requirements include
equipment calibration, operation, and maintenance, citation
administration and processing, due process and citation
challenge provisions, and restrictions on contracts with firms
providing the equipment and their related compensation.
2)Authorizes, pursuant to SB 1802 (Rosenthal) Chapter 1216,
Statutes of 1994, the use of red light cameras to record
violations occurring at rail crossing signals and gates.
Authorizes, pursuant to SB 833 (Kopp) Chapter 922, Statutes of
1995, a three-year demonstration period to test the use and
effectiveness of such cameras to reduce the incidence of
drivers running red lights at roadway intersections and to
identify the drivers committing such violations and the
vehicles involved. After reviewing the operations and
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effectiveness of the pilot program, the Legislature enacted SB
1136 (Kopp) Chapter 54, Statutes of 1998, which authorizes the
use of automated enforcement systems at intersections
indefinitely.
3)Refines, pursuant to AB 1022 (Oropeza) Chapter 511, Statutes
of 2003, the red light camera provisions after a number of
legal challenges arose to aspects of the red light camera
systems operation. These changes clarified responsibility for
operation and maintenance of the system by local authorities
versus contractors, the involvement of law enforcement
personnel in citation issuance, restrictions on compensation
to vendors, and the required consideration of alternative
methods of enforcement.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill intends to provide
the City with the explicit authority to automatically enforce an
illegal right turn violation at the intersection of Market
Street and Octavia Boulevard.
The author points out that the Market Street and Octavia
Boulevard intersection is one of the most dangerous traffic
spots for cyclists in the City, since automotive traffic
routinely makes illegal right turns off Market Street to access
the Highway 101 freeway ramp. From 2002-2006, this intersection
was ranked among the top five locations with the highest
incidents of automobile and bicycle collisions in the City.
According to the sponsor, in 2005, there were 13 collisions
involving automobiles and bicyclists at this intersection, as
compared to an average of three collisions at various
intersections throughout the City.
Last year, an incident at the Market and Octavia intersection
involving cyclist Margaret Timbrell resulted in tragic
consequences. Ms. Timbrell was struck by a motorist making an
illegal right turn from Market Street onto the freeway ramp.
She survived the collision but sustained 24 broken bones
throughout her body, a collapsed lung, and fluid in her chest
cavity. Ms. Timbrell is only one of several cyclists who have
been hit at that intersection.
Committee comments: Existing law provides authority for
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automated enforcement at places where a driver is required to
respond to an official traffic control signal. Existing law
does not identify specific violations for which automated
enforcement can be used but implies that automated enforcement
is intended for red-light violations.
Because of this ambiguity, it is unclear if current statute
already allows for the automated enforcement of illegal right
turns where the intersection is regulated by an official traffic
control signal.
Related legislation: SB 1300 (Kuehl) of 2006, would have
authorized the City of Beverly Hills to use a mobile photo radar
enforcement system for local speed enforcement under specified
conditions until January 1, 2011. That bill failed passage in
the Senate Housing and Transportation Committee.
SB 466 (Kuehl) of 2005, would have authorized the City of
Beverly Hills to use a mobile photo radar enforcement system for
local speed enforcement under specified conditions until January
1, 2010. That bill was not heard in committee.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0003816