Transportation.

(1) Existing law prescribes certain standards for a transit bus operated by a motor carrier, whether the motor carrier is a private company or a public agency, that provides public transportation services. A violation of these provisions is a crime. This bill would additionally require that the transit bus be equipped with a speedometer that is maintained in good working order. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law authorizes a local authority, by ordinance or resolution, to prohibit the parking or standing of a vehicle displaying a distinguishing placard or special license plate in a disabled person's parking stall or space on streets or highways or in a disabled person's parking stall or space in a privately or publicly owned or operated offstreet parking facility under specified conditions. This bill would instead authorize a local authority, by ordinance or resolution, to prohibit the parking or standing of those vehicles on streets or highways or in any parking stall or space in a privately or publicly owned or operated offstreet parking facility under those conditions. (3) Existing law authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an offstreet parking facility under specified conditions. Existing law requires the release of those removed vehicles to the owner or person in control of the vehicle only after the owner or person in control provides the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle. This bill would additionally require the release of the vehicle to the legal owner or the legal owner's agent, without the payment of fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle is being repossessed and transported to a storage facility of a repossessor, and from that facility to the legal owner or a licensed motor vehicle auction. The bill in this case would require the legal owner of the vehicle to do certain things before the vehicle would be released to him or her, including completing an affidavit that states that the vehicle was not in possession of the legal owner at the time of the occurrence of an offense relating to standing or parking. The bill would provide that the impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of any parking penalties, and a deficiency claim against the registered owner for the full amount of any parking penalties. Because a failure to release the vehicle as provided is a crime, this bill would impose a state-mandated local program. (4) Existing law requires the clerk of the court to collect a fee from a person ordered or permitted by the court to attend a traffic violator school and authorizes the clerk to accept a payment of at least 10% of a specified amount upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. This bill would recast the above provision and repeal a similar provision in the Vehicle Code that would have become operative on July 1, 2011. (5) Existing law authorizes a peace officer to remove and seize a vehicle under specified circumstances if the peace officer determines that the person operating the vehicle has been convicted of driving under the influence in the preceding 10 years. Existing law authorizes the impounding agency to release the vehicle seized to the legal owner of the vehicle or the legal owner's agent before the end of the impoundment period under specified conditions. Existing law prohibits the legal owner or the legal owner's agent from releasing or relinquishing the vehicle to the registered owner or the registered owner's agent unless specified conditions are met. A violation of this prohibition is an infraction. This bill would, instead, provide that a legal owner who knowingly violates the above prohibition is guilty of a misdemeanor and subject to a fine of $2,000. By making the violation a misdemeanor this bill would impose a state-mandated local program. (6) Existing law creates the State Transit Assistance Program. Under that program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. Existing law suspends those restrictions with respect to allocations for operating purposes made to those transit operators after January 1, 2010, through the 2011–12 fiscal year. This bill would extend the suspension of those restrictions through the 2014–15 fiscal year. (7) This bill would incorporate additional changes in Section 22651 of the Vehicle Code proposed by AB 1298, to be operative only if AB 1298 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. (8) 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.