Simitian’s New Bill Aims to Afford New Rights to Drivers Caught By Red Light Cameras

Vera Gil was frustrated. She kept receiving tickets in the mail, thanks to a traffic camera, for running red lights.

However, the car wasn’t hers, the photo was of someone else, and the red lights were all run in southern California.

Gil had no idea who to call. The only instructions on the ticket told her where to send payment for the penalty fee, but offered no phone number to call with questions.

Eventually, since the tickets were issued in southern California, Gil was forced to travel the hundreds of miles down there to fight the ticket. The tickets were eventually tossed out, but not without the expenses of time, money and much headache.

Fast forward to today and, thanks to Gil and State Senator Joe Simitian (D-Menlo Park), Senate Bill 29 now affords more rights to drivers that are issued bad tickets such as Gil’s.

Senate Bill 29 passed on May 16 in the State Legislature. The bill was written by Simitian and establishes statewide standards for the installation and operation of traffic enforcement cameras, in an effort to make it easier to challenge unjustified tickets.

Simitian said, the bill is meant to help protect the rights of drivers.

“This bill is designed to make sure that people’s due process rights are protected as they work their way through the system,” said Simitian, “and to make sure that if somebody gets a ticket that they shouldn’t have, they have a way out of the system that’s relatively quick and convenient.”

Simitian argued that, too often, cities rely on “” to increase revenue through tickets, rather than to try and increase safety.

Senate Bill 29 instills many new requirements on law enforcement:

• Before installing a new traffic camera, law enforcement must prove it is to increase safety and caution, rather than increase revenue.

• A traffic violation notice intended to identify the driver in an alleged violation—a so-called “snitch ticket”—must make clear that owners of vehicles allegedly involved are not required to incriminate themselves or anyone else who might have been driving the vehicle.

• Tickets must explain how those receiving them can view the photographic evidence and discuss it by telephone or in person with the agency issuing the ticket.

• Tickets must identify the company operating the camera and provide contact information for the agency issuing the ticket.

• A sign must be posted within 200 feet of any intersection with a red light camera.

Simitian proposed Senate Bill 29 after his most recent annual “There Ought to Be a Law” contest, in which Gil wrote to Simitian to tell him about her unfortunate experience.

“People who get tickets for someone else’s car need a way to straighten things out," Gil said. "In my case, the license plate was one letter different than mine. I understand how that mistake happens, but it took weeks and weeks to clear-up. There was no information on who to call,” Gil said. “I think that the cameras are helpful, but a ticket can be a real thorn in the side of the person who receives it mistakenly.”

Gil’s idea sparked Simitian’s interest because, he said, the issue of red light cameras is brought up frequently by his constituents.

However, some have questions about how Senate Bill 29 will be viewed by careless drivers. Constituents such as Menlo Park resident Murray Baron worry that it will encourage people to run red lights more often, because they think it is easier to get out of the ticket, thanks to the new law.

Simitian—who sometimes calls himself the “highway safety Senator,” since he has helped author several bills to increase motor vehicle safety, including bills requiring drivers use hands-free sets for cellphones while driving, and imposing harsh penalties for texting while driving—said on Monday that the fact that Senate Bill 29 passed unanimously in the State Senate shows how much faith legislators have in the bill.

“Let me assure Patch readers, that I am the last person who would want to compromise public safety; running a red light is one of the most serious offenses there is,” he said. “I think we’ve got the balance just right [with Senate Bill 29], which is, I think, why we had a 36-0 vote on something that is in the public eye as much as this one is.”

Simitian said, Senate Bill 29 is not meant to make it easier for violators to get out of tickets, but rather, to give safe drivers like Vera Gil an avenue to defend themselves if they are given a ticket mistakenly.

“I think what we’ve done is said, ‘how can we make sure we’re mindful of public safety in a way that is fair and rigorous and that protects people’s privacy, accuracy and due process.”

For more information on Senate Bill 29, or any of Senator Joe Simitian's bills, visit www.senatorsimitian.com.