Well it seems I can't get a HOV sticker now. Does this mean I won't be able to charge either? I feel like a target. Lawrence Rhodes.... ----- Original Message ----- From: "Bruce EVangel Parmenter" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Tuesday, October 08, 2002 10:43 PM Subject: AB1314: need hov sticker to use public EV charging -long
> 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. > ...] > > > - > 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 > - > > === > > http://www.leginfo.ca.gov/pub/bill/asm/ab_1301-1350/ab_1314_bill_20020918_ch aptered.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. > - > > > > ===== > ' ____ > ~/__|o\__ > '@----- @'---(= > . http://geocities.com/brucedp > . EV List Editor & RE newswires > . (originator of the above EV ascci art) > ===== > > __________________________________________________ > Do you Yahoo!? > Faith Hill - Exclusive Performances, Videos & More > http://faith.yahoo.com >
