Authorizing local governments to appoint traffic control attendants to direct traffic at or near special events and vehicle owner liability for failure to follow directions of traffic control attendants

Current law imposes, with exceptions, liability on the owner of a vehicle that is observed violating certain traffic laws, including vehicles observed by an adult school crossing guard failing to follow the directions of the crossing guard. The owner of a vehicle used to commit these traffic violations is subject to specified penalties, but the owner's motor vehicle operating privilege may not be revoked or suspended and no demerit points may be assessed against the owner's driving record. The vehicle owner may assert certain defenses to owner liability.

This bill imposes, in the same manner applicable under current law to school crossing guard violations, liability on the owner of a vehicle observed by a traffic control attendant failing to follow the directions of the traffic control attendant (violation). A traffic control attendant who observes a violation may, within 24 hours after observing the violation, report the violation to a traffic officer of the county or municipality in which the violation occurred. If the report contains specified information, the traffic officer may, within 48 hours after receiving the report, prepare a uniform traffic citation and serve it upon the owner of the vehicle involved in the violation. The owner is liable for the violation, subject to certain limited defenses. Although the owner generally may not assert as a defense that the owner was not operating the vehicle at the time of the violation, the owner has a defense to liability if the owner provides the traffic officer with the name and address of the person who was operating the vehicle at the time of the violation and that person admits operating the vehicle at the time of the violation. If the owner is liable for the violation, the owner is subject to the same forfeiture amounts that would apply to the vehicle operator, specified above, but the owner's operating privilege may not be suspended or revoked and no demerit points may be recorded against the owner's driving record.