AB1314: need hov sticker to use public EV charging -long
[Looks like all EVs will need a HOV sticker to now use
public EV charging, else be towed away.
"... This bill would provide that no person may park or
leave standing any vehicle in a stall or space designated
for parking and fueling of zero-emission vehicles, as
defined, unless the vehicle displays a decal issued by the
department for zero-emission vehicles. The bill would
require the department to make decals available beginning
July 1, 2003.
Because a violation of this prohibition would be an
infraction punishable by a $100 fine, the bill would impose
a state-mandated local program by creating a new crime.
This bill would set forth a procedure for the removal of a
vehicle unlawfully parked in a stall or space designated
for parking and fueling zero-emission vehicles in an
offstreet parking facility that would be similar to the
existing procedure governing the removal of unauthorized
parking in a disabled parking stall or space.
...]
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From: Ron Freund <[EMAIL PROTECTED]>
Date: Mon, 7 Oct 2002 15:36:30 -0700
Thru at least in part, the excellent efforts of Ken Adelman
(and his team) on Sept. 17, 02 Assembly Bill 1314 was
signed into law by the Gov. of Calif.
www.leginfo.ca.gov/pub/bill/asm/ab_1301-1350/ab_1314_bill_20020918_chaptered.html
It was "chaptered" a day later. (When a bill has been
passed by the Legislature and enacted into law, our Sec. of
State assigns the bill a "chapter number". This
subsequently is used to refer to the measure in place of
original bill number.)
I will carry a copy of this with me in the glove
compartment. I spoke with Ed and his Sparrow is not
allowed... but that's part of the original deal with Corbin
and the State way back then.
CURRENT BILL STATUS
MEASURE : A.B. No. 1314
AUTHOR(S) : Havice.
TOPIC : Parking. +LAST AMENDED DATE : 08/14/2002
TYPE OF BILL : Inactive
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 09/18/2002
LAST HIST. ACTION : Chaptered by Secretary of State -
Chapter 640, Statutes of 2002.
TITLE : An act to amend Sections 22500 and 40215 of, and to
add Sections 22511, 22511.1, 40226, and 42001.6 to, the
Vehicle Code, relating to parking violations.
So for you who are impatient to point, click, and read - it
is now illegal to ICE an EV parking spot in Calif. Fines to
be delivered.
Thanks to Ken, also to Greg Hanssen of the PEVDC for getting
this to happen!
BR,
Ron
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===
http://www.leginfo.ca.gov/pub/bill/asm/ab_1301-1350/ab_1314_bill_20020918_chaptered.html
BILL NUMBER: AB 1314CHAPTERED
BILL TEXT
CHAPTER 640
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002
APPROVED BY GOVERNOR SEPTEMBER 17, 2002
PASSED THE ASSEMBLY AUGUST 30, 2002
PASSED THE SENATE AUGUST 28, 2002
AMENDED IN SENATE AUGUST 14, 2002
AMENDED IN SENATE MAY 14, 2002
AMENDED IN SENATE APRIL 30, 2002
AMENDED IN SENATE FEBRUARY 21, 2002
AMENDED IN SENATE JANUARY 28, 2002
AMENDED IN ASSEMBLY MAY 7, 2001
AMENDED IN ASSEMBLY MAY 3, 2001
INTRODUCED BY Assembly Member Havice
FEBRUARY 23, 2001
An act to amend Sections 22500 and 40215 of, and to add Sections
22511, 22511.1, 40226, and 42001.6 to, the Vehicle Code, relating to
parking violations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1314, Havice. Parking.
(1) Existing law provides that no person shall stop, park, or
leave a vehicle in front of a curb that has been constructed to
provide wheelchair accessibility to the sidewalk so designated by
either a sign or red paint.
This bill would provide that it is unlawful to stop, park, or
leave a vehicle in front of or upon a curb that has been constructed
to provide wheelchair accessibility to the sidewalk. By expanding
the scope of an existing crime, this bill would impose a
state-mandated local program.
(2) Existing law authorizes local authorities to enact ordinances
governing various types of vehicle parking.
This bill would authorize local authorities to enact an ordinance
or resolution regulating parking spaces for electric vehicles, as
specified.
(3) Existing law requires the Department of Motor Vehicles to
issue distinctive decals, labels, or other identifiers for
low-emission vehicles and super ultralow emission vehicles for the
purposes of implementing a high-occupancy vehicle lanes program.
Existing law makes it unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans unless the vehicle displays either a
special identification license plate or a distinguished placard.
Existing law also provides a procedure for the removal of vehicles
unlawfully parked in the designated stalls or spaces of public or
private offstreet parking facilities.
This bill would provide that no person may park or leave standing
any vehicle in a stall or space designated for parking and fueling of
zero-emission vehicles, as defined, unless the vehicle displays a
decal issued by the department for zero-emission vehicles. The bill
would require the department to make decals available beginning July
1, 2003.
Because a violation of this prohibition would be an infraction
punishable by a $100 fine, the bill would impose a state-mandated
local program by creating a new crime.
This bill would set forth a procedure for the removal of a vehicle
unlawfully parked in a stall or space designated for parking and
fueling zero-emission vehicles in an offstreet parking facility that
would be similar to the existing procedure governing the removal of
unauthorized parking in a disabled parking stall or space.
This bill would also provide that an agency that issues a fine for
failure to display a disabled placard may, in lieu of collecting a
fine, charge an administrative fee not to exceed $25 if the
individual who received the citation can show proof that he or she
had been issued a valid placard at the time he or she was cited.
(4) This bill would make other technical, nonsubstantive changes.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22500 of the Vehicle Code is amended to read:
22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:
(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier
or a taxicab may stop in an unmarked crosswalk to load or unload
passengers when authorized by the legislative body of any city
pursuant to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated by
a sign or red paint on the curb, which sign or paint was erected or
placed by local authorities pursuant to an ordinance.
(d) Within 15 feet of the driveway entrance to any fire station.
This subdivision does not apply to any vehicle owned or operated by a
fire department and clearly marked as a fire department vehicle.
(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.
(f) On any portion of a sidewalk, or with the body of the vehicle
extending over any portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a
vehicle under this code may extend from the body of the vehicle over
the sidewalk to a distance of not more than 10 inches.
(g) Alongside or opposite any street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.
(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space
authorized for the loading and unloading of passengers of a bus
engaged as a common carrier in local transportation when indicated by
a sign or red paint on the curb erected or painted by local
authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.
(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to an
order, within their respective jurisdictions, may permit parking on
bridges having sidewalks and shoulders of sufficient width to permit
parking without interfering with the normal movement of traffic on
the roadway. Local authorities, by ordinance or resolution, may
permit parking on these bridges on state highways in their respective
jurisdictions if the ordinance or resolution is first approved in
writing by the Department of Transportation. Parking shall not be
permitted unless there are signs in place, as may be necessary, to
indicate the provisions of local ordinances or the order of the
Department of Transportation.
(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility to
the sidewalk.
SEC. 2. Section 22511 is added to the Vehicle Code, to read:
22511. (a) Any local authority, by ordinance or resolution, and
any person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by that local authority or person for the exclusive purpose
of fueling and parking a vehicle that displays a valid zero-emission
vehicle (ZEV) decal identification posted on the driver's side rear
window or bumper of the vehicle or, notwithstanding any other
provision of law, if the vehicle does not have a rear window or
bumper, on the driver's side of the windshield issued by the
Department of Motor Vehicles pursuant to this section. The
designation shall be made by posting a sign in compliance with
subdivision (d) or (e).
(b) If posted in accordance with subdivision (d) or (e), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage if a valid ZEV decal identification issued pursuant to
this section is not displayed on the vehicle.
(c) If posted in accordance with subdivision (d), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest garage, as defined in Section
340, that is owned, leased, or approved for use by a public agency if
a valid ZEV decal identification issued pursuant to this section is
not displayed on the vehicle.
(d) The posting required for an offstreet parking facility owned
or operated either privately or by a local authority shall consist of
a sign not less than 17 by 22 inches in size with lettering not less
than one inch in height which clearly and conspicuously states the
following: "Unauthorized vehicles not displaying valid zero-emission
vehicle decal identifications will be towed away at owner's expense.
Towed vehicles may be reclaimed at
____________________________________ or by telephoning
(Address)
_____________________________________________________."
(Telephone number of local law enforcement agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(e) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (b) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(f) (1) For purposes of implementing this section, the Department
of Motor Vehicles shall make available for issuance, beginning July
1, 2003, for a fee determined by the Department of Motor Vehicles to
be sufficient to reimburse it for actual costs incurred pursuant to
this section, distinctive decals for zero-emission vehicles.
(2) The department shall design the decal, which shall be two
inches by two inches, and be placed on the driver's side rear window
or bumper of the vehicle, or, notwithstanding any other provision of
law, if the vehicle does not have a rear window or bumper, on the
driver's side of the windshield. Each decal shall display a unique
number. The decal may be provided to car dealers who sell electric
vehicles for distribution to ZEV purchasers.
(g) For purposes of this section, "zero-emission vehicle" means
any car, truck, or any other vehicle that produces no tailpipe or
evaporative emissions.
(h) Nothing in this section is intended to interfere with existing
law governing the ability of local authorities to adopt ordinances
related to parking programs within their jurisdiction, such as
programs that provide free parking in metered areas or municipal
garages for electric vehicles.
SEC. 3. Section 22511.1 is added to the Vehicle Code, to read:
22511.1. (a) A person may not park or leave standing any vehicle
in a stall or space designated pursuant to Section 22511 unless a
valid zero-emission vehicle decal identification issued pursuant to
Section 22511 is displayed on that vehicle.
(b) A person may not obstruct, block, or otherwise bar access to
parking stalls or spaces described in subdivision (a) except as
provided in subdivision (a).
(c) A person shall not display a decal issued pursuant to Section
22511 on a vehicle that does not use electricity as the motive power.
SEC. 4. Section 40215 of the Vehicle Code is amended to read:
40215. (a) For a period of 21 calendar days from the issuance of
a notice of parking violation or 14 calendar days from the mailing of
a notice of delinquent parking violation, a person may request an
initial review of the notice by the issuing agency. The request may
be made by telephone, in writing, or in person. There shall be no
charge for this review. If, following the initial review, the
issuing agency is satisfied that the violation did not occur, that
the registered owner was not responsible for the violation, or that
extenuating circumstances make dismissal of the citation appropriate
in the interest of justice, the issuing agency shall cancel the
notice of parking violation or notice of delinquent parking
violation. The issuing agency shall advise the processing agency, if
any, of the cancellation. The issuing agency or the processing
agency shall mail the results of the initial review to the person
contesting the notice.
(b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting
an administrative hearing shall deposit the amount of the parking
penalty with the processing agency. The issuing agency shall provide
a written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory
proof of an inability to pay the amount due. Notice of this
procedure shall be provided to all persons requesting an
administrative hearing. After January 1, 1996, an administrative
hearing shall be held within 90 calendar days following the receipt
of a request for an administrative hearing, excluding time tolled
pursuant to this article. The person requesting the hearing may
request one continuance, not to exceed 21 calendar days.
(c) The administrative hearing process shall include the
following:
(1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be
conducted within the jurisdiction of the issuing agency. If an
issuing agency contracts with an administrative provider, hearings
shall be held within the jurisdiction of the issuing agency or no
more than 21 miles outside the county.
(2) If the person requesting a hearing is a minor, that person
shall be permitted to appear at a hearing or admit responsibility for
the parking violation without the necessity of the appointment of a
guardian. The processing agency 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 issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested parking violations.
(4) (A) The issuing agency's governing body or chief executive
officer shall appoint or contract with qualified examiners or
administrative hearing providers that employ qualified examiners to
conduct the administrative hearings. Examiners shall demonstrate
those qualifications, training, and objectivity necessary to conduct
a fair and impartial review. An examiner shall not be employed,
managed, or controlled by a person whose primary duties are parking
enforcement, parking citation, processing, collection, or issuance.
The examiner shall be separate and independent from the citation
collection or processing function. An examiner's continued
employment, performance evaluation, compensation, and benefits shall
not, directly or indirectly, be linked to the amount of fines
collected by the examiner.
(B) Examiners shall have a minimum of 20 hours of training. The
examiner is responsible for the costs of the training. The issuing
agency may reimburse the examiner for those costs. Training may be
provided through (i) an accredited college or university, (ii) a
program conducted by the Commission on Peace Officer Standards and
Training, (iii) American Arbitration Association or a similar
established organization, or (iv) through any program approved by the
governing board of the issuing agency, including a program developed
and provided by, or for, the agency. Training programs may include
topics relevant to the administrative hearing, including, but not
limited to, applicable laws and regulations, parking enforcement
procedures, due process, evaluation of evidence, hearing procedures,
and effective oral and written communication. Upon the approval of
the governing board of the issuing agency, up to 12 hours of relevant
experience may be substituted for up to 12 hours of training. In
addition, up to eight hours of the training requirements described in
this subparagraph may be credited to an individual, at the
discretion of the governing board of the issuing agency, based upon
training programs or courses described in (i) to (iv), inclusive,
that the individual attended within the last five years.
(5) The officer or person who issues a notice of parking violation
shall not be required to participate in an administrative hearing.
The issuing agency shall not be required to produce any evidence
other than the notice of parking violation or copy thereof 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.
(6) The examiner's decision following the administrative hearing
may be personally delivered to the person by the examiner or sent by
first-class mail.
(7) Following a determination by the examiner that a person has
committed the violation, the examiner may, consistent with the
written guidelines established by the issuing agency, allow payment
of the parking penalty in installments, or an issuing agency may
allow for deferred payment or allow for payments in installments, if
the person provides evidence satisfactory to the examiner or the
issuing agency, as the case may be, of an inability to pay the
parking penalty in full. If authorized by the governing board of the
issuing agency, the examiner may permit the performance of community
service in lieu of payment of a parking penalty.
(d) The provisions of this section relating to the administrative
appeal process do not apply to an issuing agency that is a law
enforcement agency if the issuing agency does not also act as the
processing agency.
SEC. 5. Section 40226 is added to the Vehicle Code, to read:
40226. An issuing agency may, in lieu of collecting a fine for a
citation for failure to display a disabled placard, charge an
administrative fee not to exceed twenty-five dollars ($25) to process
cancellation of a citation in any case where the individual who
received the citation can show proof that he or she had been issued a
valid placard at the time the citation was received.
SEC. 6. Section 42001.6 is added to the Vehicle Code, to read:
42001.6. Every person convicted of an infraction for a violation
of Section 22511.1 is punishable by a fine of one hundred dollars
($100).
No part of any fine imposed shall be suspended, except the court
may suspend that portion of the fine above twenty-five dollars ($25)
for a violation of Section 22511.1 if the person convicted possessed
at the time of the offense, but failed to display, a valid
zero-emission vehicle decal identification issued pursuant to
subdivisions (a) and (b) of Section 5205.5. The fine may be paid in
installments if the court determines that the defendant is unable to
pay the entire amount in one payment.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
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~/__|o\__
'@----- @'---(=
. http://geocities.com/brucedp
. EV List Editor & RE newswires
. (originator of the above EV ascci art)
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