Cal. VEH § 22445.1 — California Code / Code veh / Division 11 / Chapter 7 / Article 5 / Section 22445.1
Section 22445.1
Status: in_force

(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.