LEGISLATIVE ANALYST MEMORANDUM

To: Members of the Board of Supervisors

From: Gabe Cabrera, Office of the Legislative Analyst (OLA)

Date: June 16, 2005, and Revised June 21, 2005

Re: Traffic Citations (OLA No. 038-05L)

Employee Suggestion

The anonymous employee suggests that the San Francisco Police Department cite traffic violators under the City’s Traffic or Police Code, rather than the State Vehicle Code (the "Vehicle Code"). This approach would allow the City to collect a larger share of revenue for fines issued for Traffic or Police Code violations, according to the employee.

Executive Summary

The Vehicle Code preempts local regulation of matters addressed by the Vehicle Code except in a limited number of cases where it specifically grants control to local authorities. The employee does not offer any specific examples of where the Vehicle Code and local law regulate the same traffic behavior. Identifying these instances would be a time-consuming and moot process because, as noted above, the Vehicle Code generally preempts local regulation. Additionally, the Vehicle Code allows local authorities to set fines for local law violations and most Vehicle Code violations within certain limits (described below). Revenue collected from such fines is distributed in accordance with specific percentages outlined in the State Penal Code, without regard to whether the violation is of State or local law. If the intent of the employee’s suggestion is to raise additional revenue for the City, then the Board of Supervisors (the "Board") could consider increasing the fines for violations of both the Vehicle Code and local codes. Under this approach, the City would collect the same percentages of any increased fines.

Analysis

The Vehicle Code contains the laws regulating the operation of vehicles and the use of the highways in California. The City Attorney’s Office advised the OLA that the Vehicle Code preempts local regulation of matters addressed by the Vehicle Code except in a limited number of cases where it specifically grants control to local authorities. For instance, Section 21100 of the Vehicle Code allows local authorities to regulate various traffic-related activities including, but not limited to, processions/assemblages on highways, vehicles for hire, traffic control devices, appointment of traffic control personnel, traffic control at road/street construction or maintenance sites, tow truck service and cruising. There are several other instances where the Vehicle Code grants control to local authorities.

The City Attorney’s Office also advised the OLA that there may be cases where the Vehicle Code and local law regulate the same traffic behavior. According to the City Attorney’s Office, this can occur when local authorities adopt regulation and the State Legislature, thereafter, adds similar provisions to the Vehicle Code. The City Attorney’s Office states that it tries to avoid this scenario by analyzing pending State legislation and purging local codes of matters addressed by the Vehicle Code. The anonymous employee does not offer any specific examples of where the Vehicle Code and local law regulate the same traffic behavior. The OLA believes that identifying these instances would be a time-consuming and moot process because, as noted above, the Vehicle Code preempts local regulation except in a limited number of cases where it grants control to local authorities.

The OLA also believes that if the intent of the employee’s suggestion is to raise additional revenue for the City, then the Board could consider increasing the fines for violations of both the Vehicle Code and local codes. Notably, Section 42001 of the Vehicle Code allows local authorities to set fines for local law violations and most Vehicle Code violations within the following limits:

• First offense by a fine not to exceed $100;
• Second offense within one year from the date of the first offense by a fine not to exceed $200;
• Third and each additional offense within one year from the date of the first offense by a fine not to exceed $300.

Pursuant to the above-noted authorization, Section 132 of the City’s Traffic Code contains a list of fines adopted by the Board for various violations of the Vehicle Code, as well as the City’s Traffic and Police Codes. The Board last amended this list in May 2005. Many of the penalties for Traffic Code and Vehicle Code violations were increased at that time.

Lastly, the City Attorney’s Office advised the OLA the City does not receive a larger share of revenue for fines issued for violations of the Traffic or Police Code, as contrasted to Vehicle Code. While Vehicle Code allows the City to set fines for local law violations and most Vehicle Code violations, revenue from such fines is distributed in accordance with specific percentages outlined in Section 1463 et seq. of the State Penal Code, without regard to whether the violation is of State or local law.

Recommendation

The Board of Supervisors may wish to consider increasing the fines for violations of both the Vehicle Code and local codes pursuant to Section 42001 of the Vehicle Code. Under this approach, the City would collect the same percentages of any increased fines. This is a policy matter for the Board.