AB 2376

AB2376:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2376

An act to amend Section 13350 of the Vehicle Code, relating to vehicles. Sections 40245, 40246, 40247, and 40248 of, to amend the heading of Article 3.6 (commencing with Section 40245) of Chapter 1 of Division 17 of, and to add Article 5 (commencing with Section 40275) to Chapter 1 of Division 17 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 2376, as amended, Lackey. Vehicles: licensure. Vehicles: automated enforcement systems.

Existing law, until January 1, 2030, authorizes a local agency, as defined, to install automated forward-facing parking control devices on city-owned or district-owned parking enforcement vehicles for the purpose of taking photographs of parking violations occurring in bicycle lanes. Existing law requires a qualified and designated employee of a city, county, city and county, or contracted law enforcement agency for a special transit district to review these photographs for the purpose of determining whether a parking violation occurred in a bicycle lane and to issue a notice of violation to the registered owner of a vehicle within 15 calendar days, as specified. Existing law requires these photographic records to be confidential and makes these records available only to public agencies to enforce parking violations. Existing law requires any local agency that implements a parking enforcement program under these provisions to provide to specified committees of the Legislature an evaluation report on, among other things, the automated enforcement system’s effectiveness and impact on traffic outcomes, by December 31, 2028.Existing law prohibits the stopping, standing, or parking of a vehicle in certain places and under certain conditions, including within an intersection, on a sidewalk or crosswalk, or in front of a fire station.This bill would instead authorize local agencies to install forward-facing parking control devices on specified enforcement vehicles for the purpose of taking video images of parking violations and expand the automated parking control device program to include the enforcement of the parking violations described above. The bill would similarly require any local agency that implements an automated device program for the enforcement of these additional parking violations to submit an evaluation report to specified committees of the Legislature by December 31, 2030. The bill would extend the operation of the program’s provisions to January 1, 2033.The bill would also authorize a local agency to establish an enhanced curb management system that records images of vehicles for the purpose of enforcing parking violations or automating parking payments if certain requirements are met. The bill would require the governing body of the local agency to adopt a public ordinance or resolution that would authorize the use of a system in specified locations, including, among others, passenger loading zones and commercial loading zones. The bill would require a local agency that automates parking payments by charging vehicles a fee for access to outline the fee, and any adjusted rates, in an ordinance or resolution.The bill would require the system to record images of the vehicle and license plate at the time of the violation. The bill would require the image data to be reviewed and approved by a peace officer or person authorized to enforce parking laws before mailing the notice of violation. The bill would require the notice of violation to be mailed to the registered owner of the vehicle within 15 calendar days, as specified. The bill would require the image data collected by the system and any identifying information to be confidential and would require that the image data only be used for the purpose of processing parking violations and charging vehicles a fee for access. The bill would require a local agency to observe a public information campaign for at least 60 days before issuing citations, as specified. The bill would require a local agency to report periodically to the Legislature on the system’s impact, as specified.The bill would expand the definition of “local agency” to include the parking enforcement agencies of the University of California, the California State University, or a college of the California Community Colleges, thereby authorizing these institutions to implement an automated parking control device program or an enhanced curb management system.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.

Existing law requires the Department of Motor Vehicles to immediately revoke a person’s privilege to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court, that the person has been convicted of, among other things, reckless driving causing bodily injury or specified felonies.

This bill would make technical, nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) Illegally parked vehicles, such as those blocking transit stops, bicycle lanes, or crosswalks, or double-parked in travel lanes, create safety hazards and contribute to traffic congestion. Pedestrians, cyclists, wheelchair users, and transit riders are put at risk when forced into vehicle lanes by blocked sidewalks, bicycle paths, or bus zones. Poor compliance in loading zones also leaves delivery drivers with few options, often leading to double-parked vehicles. Clearing these obstructions will improve overall road safety and traffic because these violations are very short in nature, and they go uncited the vast majority of the time.(b) Due to limited parking enforcement personnel, many curb parking violations go unchecked, especially in busy urban areas, which undermines the ability to change driver behavior. Traditional enforcement, such as writing a ticket and placing it on a windshield, is resource intensive and often impossible when violations are transient or after hours. Automated enforcement systems can supplement scarce personnel by reliably detecting violations, thereby promoting better compliance with existing parking laws.(c) California and other jurisdictions have seen positive results from automated traffic enforcement and automatically paid loading zones. For example, the City and County of San Francisco’s pilot program using bus-mounted cameras to enforce transit-only lanes significantly reduced transit delays by up to 20 percent and improved traffic flow. New York City Transit’s deployment of bus-mounted cameras to enforce bus lane, bus stop, and double-parking violations reduced bus stop violations by 40 percent, improved bus speeds by 5 percent, and reduced collisions by 20 percent in those corridors. Programs in the City of Pittsburgh and the City of Philadelphia to automate curbside enforcement and other hazard violations and payment for loading zones have led to significant reductions in double parking, improved traffic flow, and greater economic activity in urban cores. These outcomes demonstrate that automated enforcement and paid loading zones can increase safety, efficiency, and accessibility.(d) The Legislature is mindful that automated license plate recognition and camera systems must include safeguards for privacy and accuracy. Successful programs have implemented strict data retention limits and oversight, for instance, requiring that any recorded images be destroyed within a defined short period after citation processing. It is the intent of the Legislature that any authorization of automated curb enforcement shall incorporate robust privacy protections. Public awareness efforts, including warning periods for drivers, are also critical to ensure the program’s fairness and acceptance.(e) Under existing law, local agencies must provide installment payment plans for “indigent,” or low-income, individuals with unpaid parking citations. Local agencies are required to place a link to information describing payment programs in a prominent, readily accessible location on the parking citation section of their internet websites.

SEC. 2.

The heading of Article 3.6 (commencing with Section 40245) of Chapter 1 of Division 17 of the Vehicle Code is amended to read:

Article 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes

SEC. 3.

Section 40245 of the Vehicle Code is amended to read:

40245.

(a) A local agency may install automated forward facing forward-facing parking control devices on city-owned or district-owned parking enforcement vehicles vehicles, or on vehicles owned by an institution, for the purpose of taking photographs video images of parking violations occurring in bicycle lanes, as described in Section 21207. 21207, and parking violations, as described in Section 22500. The devices shall be angled and focused so as to only capture photographs video images of parking violations and not capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the photographs video images are captured. A local agency may only install forward facing forward-facing cameras pursuant to this section if the examiner or issuing agency, as described in Section 40215, includes options to reduce or waive the payment of a parking penalty if the examiner or issuing agency determines that the person is an indigent person as defined in Section 40220.

(b) Prior to issuing notices of parking violations pursuant to Section 21211, 21211 or 22500, a local agency shall commence a program to issue only warning notices for 60 days and shall also make a public announcement of the program and provide the public with information about the enforcement program, existing parking regulations, and the payment options available for low-income persons at least 60 days prior to commencement of issuing notices of parking violations.

(c) A designated employee of an institution, a city, county, city and county, or a contracted law enforcement agency for a special transit district, who is qualified by an institution, a city, county, city and county, or district to issue parking citations, shall review photographs video images for the purpose of determining whether a parking violation occurred in a bicycle lane. lane or in violation of Section 22500. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by a city, county, city and county, or special transit district occurring in a bicycle lane or a violation of Section 22500 observed by the designated employee in the recordings is subject to a civil penalty.

(d) The registered owner shall be permitted to review the photographic video image evidence of the alleged violation during normal business hours at no cost.

(e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the photographic video image evidence may be retained for up to 30 days after final disposition of the citation. The photographic video image evidence shall not be retained for more than six months from the date the information was first obtained, after which time the information shall be destroyed.

(2) Notwithstanding Section 26202.6 of the Government Code, photographic video image evidence from forward facing forward-facing automated enforcement devices that does not contain evidence of a parking violation occurring in a bicycle lane or a violation of Section 22500 shall be destroyed within 15 days after the information was first obtained. Photographic obtained, or 30 days after the final disposition of the citation, whichever is later. Video image data and records collected pursuant to this section shall not be used or processed by an automated license plate recognition system, as defined in Section 1798.90.5 of the Civil Code, unless the local agency meets the requirements of this subdivision, the requirements of subdivision (f), and the requirements of subdivision (e) of Section 40247.

(f) Notwithstanding Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, or any other law, the photographic video image records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article.

(g) For purposes of this article, “local agency” means a public transit operator as defined in Section 99210 of the Public Utilities Code or a local city, county, or city and county parking enforcement authority. the following definitions shall apply:

(1) “Institution” means the University of California, the California State University, or a college of the California Community Colleges.(2) “Local agency” means a public transit operator as defined in Section 99210 of the Public Utilities Code, a local city, county, or city and county parking enforcement authority, or the parking enforcement authority of an institution.

SEC. 4.

Section 40246 of the Vehicle Code is amended to read:

40246.

(a) A local agency that implements an automated enforcement system to enforce parking violations occurring in bicycle lanes pursuant to this article pursuant to Section 21211 shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, impact on traffic outcomes, cost to implement, change in citations issued, and generation of revenue, no later than December 31, 2028.

(b) A local agency that implements an automated enforcement system to enforce parking violations pursuant to Section 22500 shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, impact on traffic outcomes, cost to implement, change in citations issued, and generation of revenue no later than December 31, 2030.

(b)

(c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 5.

Section 40247 of the Vehicle Code is amended to read:

40247.

(a) A designated employee of a local agency, including a contracted law enforcement agency, shall issue a notice of parking violation pursuant to this article to the registered owner of a vehicle within 15 calendar days of the date of the violation. A designated employee or contracted law enforcement agency may decline to issue a ticket based on the evidence in the photograph video images illustrating hardship. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the local agency in a bicycle lane, agency, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, the registration expiration date, if visible, the color of the vehicle, and a copy of the photographic video image evidence. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the local agency and shall be prima facie evidence of the facts contained in the notice. The local agency shall send information regarding the process for requesting review of the photographic video image evidence along with the notice of parking violation.

(b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty.

(c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.

(d) Following an initial review by the local agency and an administrative hearing pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230.

(e) A local agency or a contracted law enforcement agency may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The local agency shall maintain overall control and supervision of the program.

SEC. 6.

Section 40248 of the Vehicle Code is amended to read:

40248.

This article shall remain in effect only until January 1, 2030, 2033, and as of that date is repealed.

SEC. 7.

Article 5 (commencing with Section 40275) is added to Chapter 1 of Division 17 of the Vehicle Code, to read:

Article 5. Enhanced Curb Management System40275. (a) As used in this article, the following definitions apply:(1) “Enhanced curb management system” or “system” means a system of one or more stationary cameras or sensor devices with designated signage that record images of vehicles for the purpose of enforcing parking violations or automating parking payments.(2) “Institution” means the University of California, the California State University, or a college of the California Community Colleges.(3) “Local agency” means a local city, county, or city and county parking enforcement authority, or the parking enforcement authority of an institution.(b) A local agency may establish an enhanced curb management system if it meets all of the requirements of this article.(c) An enhanced curb management system shall be operated by, or under the oversight of, a local agency or by a contracted vendor on behalf of a local agency.(d) Before the governing body of the local agency establishes an enhanced curb management system, the governing body of the local agency shall adopt a public ordinance or resolution that authorizes the use of an enhanced curb management system in any of the following locations:(1) Passenger loading zones.(2) Commercial loading zones.(3) Smart loading zones.(4) Zero-emission delivery zones.(5) Bicycle lanes.(6) No stopping zones.(7) Crosswalks.(e) (1) A local agency may automate parking payments by charging vehicles a fee for access to passenger loading zones, commercial loading zones, and smart loading zones.(2) A local agency that charges vehicles a fee for access pursuant to paragraph (1) shall outline the fee, and any adjusted rates, in an ordinance or resolution.(f) A local agency shall post signage giving notice of the enhanced curb management system, and the signage shall be posted clearly and positioned to provide reasonable notice to motorists in the affected area before the commencement of enforcement.(g) A local agency may install a system pursuant to this article only if the examiner or issuing agency, as described in Section 40215, includes options to reduce or waive the payment of a parking penalty when the person is determined to be indigent, as defined in Section 40220.40276. (a) The image data collected by the system shall be used only for both of the following:(1) To enforce parking violation laws.(2) To charge vehicles a fee for access to designated passenger loading zones, commercial loading zones, and smart loading zones.(b) The image data collected by the system shall not be retained longer than 60 days after final disposition of a citation, six months after a paid session in a passenger loading zone, commercial loading zone, or smart loading zone, or 30 days after the image was recorded if a citation is not issued or a fee is charged.(c) The local agency shall ensure a contracted vendor operating the system follows the data retention and privacy guidelines pursuant to this section.(d) The image data and personal identifying information obtained from the Department of Motor Vehicles for enforcement shall be confidential, shall only be used for purposes of processing the parking violation or to charge vehicles a fee for access, and shall not be disclosed except as required by law.40277. (a) Notwithstanding subdivisions (a) and (b) of Section 40202, a notice of parking violation may be served by mail without physical attachment to the vehicle if the violation is detected by an enhanced curb management system operated by a local agency in accordance with this article.(b) An enhanced curb management system shall meet all of the following procedures:(1) The enhanced curb management system shall record images of the vehicle and license plate at the time of the alleged violation, along with the date, time, and location. The recorded data shall be of sufficient clarity to identify the vehicle involved.(2) Before mailing a notice of parking violation under this section, the image data shall be reviewed and approved by a peace officer or person authorized to enforce parking laws. The reviewing person shall verify that the vehicle was in violation of the applicable parking regulation based on the image data. A certification of this review shall be included in the case file.(3) The processing agency shall mail the notice of parking violation to the registered owner of the vehicle no later than 15 calendar days after the date of the violation. The notice shall include copies of the image data and information on how to view any image data, the violation details, and the procedure to pay or contest the citation.(4) A notice of parking violation issued under this section has the same force and effect as a notice placed on a vehicle windshield. All rights and obligations applicable to the recipient of a parking citation under this chapter, including the right to contest under Section 40215, shall apply to notices served by mail pursuant to this section.(c) The notice of parking violation mailed under this section shall include a statement of the vehicle owner’s privacy rights regarding the image data.40278. (a) Before a local agency issues notices of parking violation under Section 40277, a local agency shall observe a public information campaign in accordance with this section.(b) (1) The local agency shall conduct a public information campaign for at least 60 days before issuing citations. This campaign may include public service announcements, press releases, community meetings, social media notifications, and other outreach to inform motorists of the new enforcement method, the locations involved, and the date on which citations will begin.(2) For the first 60 days of active enforcement using a system at a given location, the local agency shall issue only warning notices, with no monetary penalty, to violators caught by the system. The warning notices shall clearly explain the violation and state that no fine is assessed for this warning, but that future violations will result in citations with fines.(c) The requirements of this section shall apply each time a new automated parking enforcement camera or location is activated by a local agency. The local agency shall maintain records of its public outreach efforts and the issuance of warning notices. The records shall be available for public inspection.40279. (a) A local agency using an enhanced curb management system shall report periodically to the Legislature on the system’s impact, including the number of citations issued, accident or safety data in the enforced areas, and any public concerns received, in order to evaluate the program’s effectiveness and any need for changes.(b) The report shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 8. The Legislature finds and declares that Section 3 of this act, which amends Section 40245 of, and Section 7 of this act, which adds Section 40276 to, the Vehicle Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the individual privacy rights of individuals who are issued notices of violation by an automated forward-facing parking control device program or an automated enhanced curb management system, it is necessary that this act limit the public’s right of access to the image data or administrative records generated by those programs or systems.

SECTION 1.Section 13350 of the Vehicle Code is amended to read:

13350.

(a)The department immediately shall revoke the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of any of the following crimes or offenses:

(1)Failure of the driver of a vehicle involved in an accident resulting in injury or death to a person to stop or otherwise comply with Section 20001.

(2)A felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.

(3)Reckless driving causing bodily injury.

(b)If a person is convicted of a violation of Section 23152 punishable pursuant to Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable pursuant to Section 23550.5 or 23566, including a violation of subdivision (b) of Section 191.5 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging their understanding of the revocation required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and an acknowledgment of their designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.

(c)The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.