Cal. VEH § 22445 — California Code / Code veh / Division 11 / Chapter 7 / Article 5 / Section 22445
Section 22445
Status: in_force

(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.