Senior Volunteer Patrol

[akihabro]

A relative of mine got cited in a parking lot for expired registration tags on her license plate. She told me that the officer seemed too old to be a cop, so I assumed that it was a volunteer patrol. I looked on the cities website and it states that the "RSVP members do not take enforcement action, carry weapons, or make arrests; they are additional "eyes and ears" for the police." RSVP meaning retired senior volunteer patrol. A phone conversation with someone at the department said they aren't sworn peace officers. I contacted the department to be informed about what laws condone their enforcement. I have yet to receive a response..its only been an hour. One of the cities municipal codes states A. It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city.
How can a volunteer force enforce the traffic laws? Has anyone heard of this? Does she has a chance to fight the ticket. She is in the process of renewing the tags. The delay has been with the DMV not sending her a timely renewal notice.

[cdwjava]

A. It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city.

Note where it says, "or such officers as are assigned by the chief of police" ... that is where the RSVP folks can come in.

How can a volunteer force enforce the traffic laws?

Using state law and the above referenced muni code, apparently.

Has anyone heard of this?

Yes. In California.

Does she has a chance to fight the ticket.

That depends ... were her tags current at the time of the citation? Being in the "process" of renewing them doesn't count.

The delay has been with the DMV not sending her a timely renewal notice.

Unless your state is way different than most others, a "courtesy notice" regarding renewal is NOT a legal requirement. If your state law says that the state DMV MUST provide you with such a notice before you can register your vehicle, she may have an argument.

- Carl

[cdwjava]

I notice now that you state you are from Los Angeles. If so, then RSVPs tend to be authorized to write parking cites.

What section was cited?

There are a half dozen sections that authorize people appointed by the agency to enforce parking violations without requiring they be a peace officer or even a paid employee.

- Carl

[akihabro]

this was in the city of la verne in los angeles county. i'll add the vehicle code once i hear from her. i guess i was under the assumption that these volunteer forces can be the eyes and ears of the police, not the strong arms

[cdwjava]

this was in the city of la verne in los angeles county. i'll add the vehicle code once i hear from her. i guess i was under the assumption that these volunteer forces can be the eyes and ears of the police, not the strong arms

Well, they're not the "strong arm", but they can be the "pen filled hand."

- Carl

[akihabro]

this was in the city of la verne in los angeles county. i'll add the vehicle code once i hear from her. i guess i was under the assumption that these volunteer forces can be the eyes and ears of the police, not the strong arms

5204(A) v.c. Tabs not attached to rear plate ( correction required- see back)
i havent seen the ticket personally. i had asked her if there was a time, date and location for the court she needs to go to. i believe she should be able to get the new tags and just go to the police station and get the ticket signed off. and yes i know the pen is mightier than the sword

[cdwjava]

5204(A) v.c. Tabs not attached to rear plate ( correction required- see back)
i havent seen the ticket personally. i had asked her if there was a time, date and location for the court she needs to go to. i believe she should be able to get the new tags and just go to the police station and get the ticket signed off. and yes i know the pen is mightier than the sword

If it is a parking citation, the court is not involved. There will be an address to mail in the fine or correction, or where to go to show proof of correction and/or payment.

Parking cites are generally handled at city hall (a parking enforcement office) or through the police department directly. That info should be on the parking cite.

- Carl

[akihabro]

she did send a letter to an agency outside of the city that takes care of parking enforcement payments for the city. it stated what happened and showing proof that everything was taken care of in a timely manner. i haven't been informed of the results but i can't see a reason why they wouldn't excuse the infraction.

[cdwjava]

They do not have to excuse the violation but they might.

A parking ticket is not a fix-it ticket. Since the violation occurred, then they can pursue it. The practice in my agency is to waive the citation if the violation has been corrected, but this is NOT the law and is not the practice of every agency.

- Carl