Exploring California’s Speed Safety System Pilot Program(AB-645)
What is a California’s Speed Safety System Pilot Program?
The California legislature passed a bill allowing for the use of automated speeding cameras as a pilot program in 6 “Designated Jurisdictions”:
–Los Angeles,
–San Jose,
–Oakland,
–Glendale, or
–Long Beach, or
-The City and County of San Francisco;
They did this ostensibly to enhance road safety and reduce the incidence of accidents. This program aims to test and implement advanced technologies designed to monitor and regulate vehicle speeds on select roadways. The stated goal is not only to prevent accidents but also to create a more secure and efficient transportation system.
Understanding the Need for Speed Safety: Speeding is a significant contributing factor to road accidents worldwide. Excessive speed reduces a driver’s ability to react to unexpected situations, increases the severity of collisions, and poses a threat to pedestrians and other road users. Recognizing this issue, the Speed Safety System Pilot Program seeks to address the root cause by implementing cutting-edge solutions.
How will the Government decide which areas to monitor?
The text of AB-645 sets forth a loose criterion to determine where a speed safety system may be set up:
A speed safety system may be on a street meeting the standards of a safety corridor.
On a street a local authority has determined to have had a high number of incidents for motor vehicle speed contests or motor vehicle exhibitions of speed. For the purposes of this provision, a high number of incidents shall be calls for law enforcement to respond to the area for at least four separate incidences of a motor vehicle speed contest or motor vehicle exhibition of speed within the last two years before the placement of the speed safety system.
School zones.
Are there any program criteria?
A speed safety system may be utilized pursuant to AB-645 if the program meets all the following requirements:
Clearly identifies the presence of the speed safety system by signs stating, “Photo Enforced,” along with the posted speed limit 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 all locations as may be determined necessary by the Department of Transportation after consultation with the California Traffic Control Devices Committee.
Identifies the streets or portions of streets that have been 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.
Ensures that the speed safety system is regularly inspected, but 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 at least 180 days after the date on which the system has been permanently removed from use.
Utilizes fixed or mobile speed safety systems that provide real-time notification to the driver when violations are detected.
What are the penalties if I am cited for speeding pursuant to AB-645?
A violation of any speed law pursuant to AB-645 may result in civil penalties a follow:
– Fifty dollars ($50) for driving at a speed of 11 to 15 miles per hour over the posted speed limit.
– One hundred dollars ($100) for driving at a speed of 16 to 25 miles per hour over the posted speed limit.
– 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.
– Five hundred dollars ($500) for driving at a speed of 100 miles per hour or more.
Notice of a violation must be in writing and issued to the registered owner of the vehicle within 15 calendar days of the date of the violation. The notice shall include the following information:
– 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 (d) of Section 22425.
– The date, approximate time, and location where the violation occurred.
– The vehicle license number and the name and address of the registered owner of the vehicle.
– 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 22427.
– 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.
– 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 processing agency 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 processing agency 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 processing agency 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 processing agency shall not subject the registered owner to a civil violation.
– A proof of service consistent with Section 1013a of the Code of Civil Procedure.
Key Features of the Pilot Program:
Smart Speed Monitoring Devices: The program incorporates intelligent speed monitoring devices strategically placed along the selected roadways. These devices utilize advanced technologies such as radar and cameras to accurately measure and record vehicle speeds.
Real-time Data Analysis: The collected data is processed in real-time, allowing authorities to gain insights into traffic patterns, identify high-risk zones, and take proactive measures to enhance safety.
Automated Speed Enforcement: One of the pivotal components of the program is automated speed enforcement. Vehicles exceeding the prescribed speed limits trigger automatic enforcement actions, which may include the issuance of fines or warnings.
Public Awareness Campaigns: A crucial aspect of the Speed Safety System Pilot Program is the implementation of public awareness campaigns. Informative initiatives aim to educate drivers about the importance of adhering to speed limits and the potential consequences of speeding.
Adaptive Speed Limits: The program explores the concept of adaptive speed limits that can be dynamically adjusted based on various factors such as weather conditions, traffic density, and time of day. This flexibility ensures that speed limits align with the current road environment.
Benefits of the Speed Safety System Pilot Program:
Reduction in Accidents: By curbing speeding incidents, the program anticipates a significant reduction in accidents, thereby improving overall road safety.
Enhanced Traffic Flow: Smart speed management contributes to smoother traffic flow, reducing congestion and enhancing the efficiency of transportation networks.
Improved Public Safety Perception: As the program gains traction, the public is likely to perceive roadways as safer, fostering a positive attitude towards responsible driving habits.
The Speed Safety System Pilot Program represents a commendable initiative aimed at transforming the landscape of road safety. By leveraging technology and promoting responsible driving behavior, this program holds the potential to serve as a model for future nationwide implementations. As advancements in transportation safety continue, the collective effort towards creating secure roadways becomes increasingly crucial. The success of the pilot program could pave the way for a safer and more resilient transportation system for communities across the country.
Drawbacks of the Speed Safety System Pilot Program:
While the introduction of automated speeding cameras in California’s designated jurisdictions aims to enhance road safety, there are potential drawbacks and constitutional issues associated with such a system.
Privacy concerns may arise as these cameras continuously monitor and regulate vehicle speeds, potentially infringing on individuals’ right to privacy. Critics argue that the widespread use of automated surveillance raises questions about the balance between public safety and personal freedoms. Moreover, there is the risk of erroneous readings by the cameras, leading to unjustified penalties for drivers.
The constitutionality of automated speeding enforcement may be challenged, questioning the due process and fairness of relying solely on technology for law enforcement. Additionally, concerns about the equitable implementation of this system and its potential impact on marginalized communities may surface. Striking a balance between road safety and protecting individual rights becomes crucial in the implementation of such advanced technologies.
The attorneys at Gomez, Radford, & Rome believe that these constitutional issues may present similar issues as the red light cameras that were more commonplace previously. The right to confront one’s accuser may be violated depending on implementation of this process and the issue of authenticating the evidence for use in court and for proving identity of the driver may prove insurmountable.