Vehicle Code § 21655.10

21655.10.

(a) The department and local authorities, with respect to highways under their respective jurisdictions, may authorize or temporarily permit exclusive or preferential use of high-occupancy vehicle lanes, high-occupancy toll lanes, and other lanes, regardless of the number of passengers in the vehicle, for the games route network if the vehicle displays a distinctive decal, label, or other identifier issued by the organizers of the 2028 Olympic and Paralympic Games that clearly distinguishes the vehicle is being operated on the games route network during a 2028 Olympic and Paralympic Games period. A person shall not drive a vehicle upon those lanes except in conformity with the instructions imparted by the official traffic control devices. Exclusive or preferential use of those lanes shall not exclude authorized emergency vehicles as defined by Section 165, or public transit.

(b) The design of the decal, label, or other identifier issued by the 2028 Olympic and Paralympic Games organizers shall be approved by the department, in collaboration with the Department of the California Highway Patrol, and shall display a serial number or identification number to verify that the decal, label, or other identifier is being used on the vehicle for which it is issued.

(c) For purposes of this section:

(1) “Automated enforcement system” means any combination of cameras, sensors, mobile applications, or other technology used to identify and cite violations of subdivision (a). An automated enforcement system does not include video cameras that continuously capture video footage of the roadways. An automated enforcement system may include personnel.

(2) “Department” means the Department of Transportation.

(3) “Games route network” means dedicated traffic lanes for travel used during the 2028 Olympic and Paralympic Games period, as identified by the department or a local authority, in consultation with the 2028 Olympic and Paralympic Games organizers.

(4) “2028 Olympic and Paralympic Games period” means the days identified by the department for which the games route network shall be operable.

(5) “Program operator” means a local authority or regional transportation agency administering the automated enforcement system pursuant to an agreement authorized by this section.

(6) “Regional transportation agency” has the same meaning as subdivision (k) of Section 149.7 of the Streets and Highways Code.

(d) The department, on highways in its jurisdiction, in consultation with state, local, and regional authorities and other relevant stakeholders, may establish a program for automated enforcement of drivers of vehicles that fail to obey the directions of a traffic control device establishing the games route network pursuant to subdivision (a) during the 2028 Olympic and Paralympic Games period.

(e) (1) A program operator shall administer a public information campaign at least 120 calendar days before implementation of an automated enforcement system pursuant to this section.

(2) (A) Following the public information campaign described in paragraph (1) , the program operator shall use automated enforcement systems to issue a warning letter to users of the games route network lanes for at least 30 days, unless the department determines a longer period is appropriate. A warning letter shall include the following information:

(i) The dates of the 2028 Olympic and Paralympic Games period.

(ii) Restrictions on the use of the games route network during the 2028 Olympic and Paralympic Games period.

(iii) A statement that an automated enforcement system will be used to issue notices of violation for improper use of the games route network and the date that issuance of notices of violations will commence.

(iv) The amount of the civil penalty to be assessed for improper use of the games route network.

(B) Multiple warning letters may be issued to the registered owner of a vehicle during the warning period.

(f) The program operator shall provide signage clearly identifying the presence of the automated enforcement on signs approved by the department. The signs shall be visible to traffic traveling on the highway from the direction of travel for which the automated enforcement system is used and shall be posted at locations as may be determined necessary by the department after consultation with the California Traffic Control Devices Committee.

(g) The automated enforcement system cameras, to the extent feasible, shall be angled and focused so as to only capture images of the rear license plate and a decal, label, or other identifier as described in subdivision (b). Images shall not capture identifying images of the driver, passengers, pedestrians, or other vehicles and their drivers. Any identifying images captured beyond the rear license plate, the rear of the car below the back windshield, and the decal, label, or other identifier described in subdivision (b) shall be blurred and rendered unrecognizable.

(h) The development and adoption of an automated enforcement program pursuant to this section is 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).

(i) (1) The photographic evidence stored by an automated enforcement system operated pursuant to this section shall not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code.

(2) Notwithstanding any provision of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or any other law, any photographic image or administrative record made by an automated enforcement system operated pursuant to this section is confidential. The program operator shall use and allow access to these records only for the purposes authorized by this section. Data about the number of violations issued is not considered an administrative record prohibited from disclosure by this section and is subject to disclosure under applicable law.

(3) Notwithstanding any provision of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), or any other law, information obtained from the Department of Motor Vehicles for the administration and enforcement of this section is confidential and shall not be used for any other purpose. A program operator and its contractors or agents shall establish procedures to protect the confidentiality of these records consistent with Section 1808.47. To the extent a high-occupancy toll lane is included in the games route network during the 2028 Olympic and Paralympic Games period, this section shall control the use, storage, and disclosure of all data or personally identifiable information collected for administration and enforcement. Section 31490 of the Streets and Highways Code shall not apply to any data or personally identifiable information collected for administration or enforcement pursuant to this section.

(4) Except for court records described in Section 68152 of the Government Code, or as provided in paragraph (5) , photographic images, administrative records, and confidential information described in paragraphs (2) and (3) may be retained by the program operator for up to 30 days after final disposition of the notice of violation, after which time the information shall be destroyed. 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.

(5) Photographic evidence that is obtained from an automated enforcement system that does not result in the issuance of a notice of violation shall be destroyed within five business days after the image was first taken. The use of facial recognition technology in conjunction with an automated enforcement system shall be prohibited.

(6) Information collected and maintained by the program operator shall only be used to administer the automated enforcement program and shall not be disclosed to any other persons, including, but not limited to, any other federal, state, or local governmental agency or official for any other purpose, except as required by a court order, or in response to a search warrant in an individual case or proceeding. These records shall not be used in conjunction with biometric identifying technology, including, but not limited to, facial recognition technology that identifies specific individuals.

(j) 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) (1) The department may enter into an agreement with a local authority or a regional transportation agency to administer a program pursuant to this section and become the program operator. The agreement shall include a provision that all data collected from the automated enforcement system is confidential and shall prohibit the regional transportation agency from sharing, repurposing, or monetizing collected data, except as specifically authorized in this section. Nothing in this section shall be construed to alter or supersede the authority of a regional transportation agency over toll collection, toll enforcement, or ExpressLanes operations authorized pursuant to other laws or agreements. The agreement shall address which entity will maintain control and have the final decisionmaking authority over all enforcement activities, including the determination of when a notice of violation should be issued.

(2) The development, implementation, and operation of all aspects of an automated enforcement system pursuant to this section, including, but not limited to, distribution of revenue, operating conditions, and enforcement, shall be subject to subdivision (r) and the agreement between the department or program operator and the regional transportation agency.

(l) A program operator may enter into contracts with manufacturers or suppliers of automated enforcement systems to purchase or lease materials or equipment. However, any contract pursuant to this subdivision shall allow the program operator to purchase or lease equipment and materials based on services rendered at intervals agreed to by the program operator and contractor. The contract shall not allow for payment or compensation based on the number of notices of violation issued by the automated enforcement system or based on a percentage of revenue generated from the use of the system. The contract shall include a provision that all data collected from the automated enforcement system is confidential and shall prohibit the contractor from sharing, repurposing, or monetizing collected data. The program operator 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.

(m) The program operator may contract with a vendor for the processing of notices 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 automated enforcement systems used by the program operator. Any contract between the program operator 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.

(n) Notwithstanding any other law, a violation of subdivision (a) that is recorded by an automated enforcement system shall be subject only to a civil penalty and shall not result in the Department of Motor Vehicles suspending or revoking driving privileges, preventing registration renewals, or assessing violation points against driving records.

(o) (1) A civil penalty of two hundred ninety-three dollars ($293) shall be assessed for a violation of subdivision (a).

(2) A civil penalty shall not be assessed against authorized emergency vehicles or public transit vehicles.

(p) A 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 law that was violated.

(2) A clear image of the license plate and rear of the vehicle. Notices of violation shall exclude images of the rear window area of the vehicle.

(3) The date, approximate time, and location of the violation.

(4) The vehicle license plate number and the name and address of the registered owner of the vehicle.

(5) 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.

(6) The amount of the civil penalty and the procedures for payment.

(7) A statement that the violation may be contested and the procedures for contesting the violation.

(8) An affidavit of nonliability, an explanation of what constitutes nonliability and the effect of executing the affidavit, and instructions for returning the affidavit to the processor. If an 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 violation or penalty pursuant to this section.

(9) A proof of service consistent with Section 1013a of the Code of Civil Procedure.

(q) (1) A civil penalty imposed under this section is separate and independent from any enforcement action taken by a peace officer under this code. The issuance of a notice of violation under this section does not preclude a peace officer from issuing a citation for a violation arising from the same conduct.

(2) To avoid duplicative monetary sanctions, a person shall not be required to pay more than one monetary penalty for the same underlying act. If a citation issued by a peace officer results in a final judgment, any civil penalty issued for the same act shall be dismissed and no civil penalty shall be collected.

(r) (1) Moneys generated from automated enforcement violations pursuant to this section shall be deposited into the Games Route Network Account, which is hereby created in the State Transportation Fund. Moneys received in the account shall be continuously appropriated and made available for the following purposes:

(A) To support the administration of the automated enforcement system for the games route network.

(B) To be transferred to the State Highway Account or the Motor Vehicle Account to cover the department’s costs for the construction, maintenance, and deconstruction of the games route network or to cover the Department of the California Highway Patrol’s costs for enforcement efforts related to the games route network.

(2) Any transfers from the Games Route Network Account to the State Highway Account or the Motor Vehicle Account shall be approved by the Department of Finance and are exempt from the requirements described in Section 183.1 of the Streets and Highways Code.

(s) (1) No later than 30 calendar days from the date of mailing of a notice of violation, the recipient may request an initial review of the notice by the program operator. The request may be made by telephone, in writing, electronically, or in person. There shall be no charge for this review. If, following the initial review, the program operator is satisfied that the violation did not occur, or that extenuating circumstances make cancellation of the notice of violation appropriate in the interest of justice, the program operator shall cancel the notice of violation. The program operator shall mail the results of the initial review to the person contesting the notice within 60 days of receipt of the recipient’s request for an initial review, and, if cancellation of the notice does not occur following that review, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedures adopted by the program operator for the administrative hearing, including for waiving prepayment of the civil penalty based upon an inability to pay.

(2) If the person contesting the notice of violation is dissatisfied with the results of the initial review conducted by the program operator, the person may, no later than 21 calendar days following the mailing of the results of the initial review, request an administrative hearing of the violation. The request may be made by telephone, in writing, electronically, or in person.

(3) The person requesting an administrative hearing shall pay the amount of the civil penalty to the program operator. There shall be no additional charge for this hearing. The program operator shall adopt a written procedure to allow a person to request an administrative hearing without payment of the civil penalty upon satisfactory proof of an inability to pay the amount due.

(4) The administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing. The person requesting the hearing may request one continuance, not to exceed 21 calendar days.

(t) The administrative hearing process shall include all of the following:

(1) The person requesting a hearing shall have the choice of a hearing upon written declaration, video conference, or in person. An in-person hearing shall be conducted within the department district where the citation was issued.

(2) If the person requesting a hearing is an unemancipated minor, that person shall be permitted to appear at a hearing or admit responsibility for the automated enforcement violation without the appointment of a guardian. The program operator may proceed against the minor in the same manner as against an adult.

(3) The administrative hearing shall be conducted in accordance with written procedures established by the program operator. The hearing shall provide an independent, objective, fair, and impartial review of contested automated enforcement violations.

(4) (A) The program operator shall appoint or contract with qualified independent examiners or administrative hearing providers that employ qualified independent examiners to conduct the administrative hearings. Examiners shall demonstrate the qualifications, training, and objectivity necessary to conduct a fair and impartial review, and shall meet the minimum requirements specified in subparagraph (B) . The examiner shall not be involved with the initial issuance of the notice of violation or the processing functions of that violation. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of civil penalties upheld by the examiner or the number or percentage of violations upheld by the examiner.

(B) (i)Examiners shall have a minimum of 20 hours of training. The examiner, unless an employee of the program operator, is responsible for the costs of the training. The program operator may reimburse the examiner for those costs. Training may be provided through any of the following:

(I) An accredited college or university.

(II)A program conducted by the Commission on Peace Officer Standards and Training.

(III)A program conducted by the American Arbitration Association or a similar organization.

(IV)Any program approved by the program operator, including a program developed and provided by, or for, the program operator.

(ii) Training programs shall include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the program operator, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. Up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the program operator, based upon training programs or courses described in this subparagraph that the individual attended within the last five years.

(5) The individual who issued a notice of violation shall not be required to participate in the administrative hearing. To establish a violation, the program operator shall not be required to produce any evidence other than, in proper form, the notice of violation or copy thereof, including the photograph of the vehicle’s license plate, and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. If the program operator meets its initial burden, the recipient of the notice of violation may present any evidence and argument in defense.

(6) The examiner’s final decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail within 60 days of the date of the conclusion of the administrative hearing.

(7) Following a determination by the examiner that a person has committed the violation, the examiner or the program operator shall offer to offenders who otherwise provide evidence satisfactory to the examiner or the program operator of an inability to pay the civil penalty in full in one installment, the option to pay applicable fines and penalties over a period of time under a payment plan with monthly installments not to exceed fifty dollars ($50). Any processing fee to participate in a payment plan shall not exceed five dollars ($5).

(8) If a notice of violation is dismissed following an administrative hearing, any civil penalty, if paid, shall be refunded by the program operator within 30 days.

(u) (1) Within 30 days after personal delivery or mailing of the final decision, the contestant may seek review by filing an appeal to the superior court, where the case shall be heard de novo, except that the contents of the program operator’s file in the case on appeal shall be lodged by the program operator at its expense and shall be received into evidence. A copy of the notice of violation shall be admitted into evidence as prima facie evidence of the facts stated in the notice. A copy of the notice of appeal shall be served in person or by certified first-class mail with return receipt upon the program operator by the appellant. For purposes of computing the 30-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case.

(2) The fee for filing the notice of appeal shall be as provided in Section 70615 of the Government Code. Upon receipt of the notice of appeal, the program operator shall lodge its administrative record for the case with the court within 15 calendar days. The court shall notify the appellant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the appellant prevails, this fee and any payment of the civil penalty shall be promptly refunded by the program operator in accordance with the judgment of the court.

(3) The conduct of the hearing on appeal under this section is a subordinate judicial duty that may be performed by a commissioner or other subordinate judicial officer at the direction of the presiding judge of the court.

(4) If a notice of appeal of the examiner’s decision is not filed within the period set forth in paragraph (1) , the decision shall be deemed final.

(5) If the civil penalty has not been paid and the final decision is adverse to the appellant, the program operator may, promptly after the decision becomes final, proceed to collect the civil penalty.

(v) (1) The program operator shall allow offenders who qualify for a reduced penalty pursuant to paragraph (2) to pay fines and penalties under this section over a period of time under a payment plan with monthly installments of no more than twenty-five dollars ($25) and shall limit any processing fee to participate in the payment plan to five dollars ($5) or less.

(2) The program operator shall reduce fines and penalties under this section by 80 percent for indigent persons and by 50 percent for individuals with incomes that do not exceed 250 percent of the official federal poverty line.

(3) A person may demonstrate that they are indigent or have an income that does not exceed 250 percent of the official federal poverty line by providing either of the following information, as applicable:

(A) Proof of income from a pay stub or another document showing proof of earnings, including, but not limited to, a bank statement that shows the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the program operator or its designee. The program operator or its designee shall not unreasonably withhold its approval.

(B) Proof of receipt of benefits under the programs described in subdivision (a) of Section 68632 of the Government Code, including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the program operator. The program operator or its designee shall not unreasonably withhold its approval.

(w) Each program operator that is not the department shall report information to the department, as it requests, to conduct an evaluation of the program.

(x) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.