Chapter 3Location and Installation

Section § 13030

Explanation
This law requires operators of automated teller machines (ATMs) in California to evaluate their machines' safety as of July 1, 1991. For both existing ATMs and any installed after that date, operators must consider factors like compliance with lighting standards, visibility issues due to landscaping, and the crime rates around the ATM locations.
On or before July 1, 1991, with respect to all existing installed automated teller machines in this state, and any automated teller machines installed after July 1, 1991, the operator shall adopt procedures for evaluating the safety of the automated teller machine. These procedures shall include a consideration of the following:
(a)CA Financial Code § 13030(a) The extent to which the lighting for the automated teller machine complies or will comply with the standards required by Chapter 4 (commencing with Section 13040).
(b)CA Financial Code § 13030(b) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine, the access area, and the defined parking area.
(c)CA Financial Code § 13030(c) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine, as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
ATM safety automated teller machines lighting standards landscaping obstructions crime rate evaluation July 1 1991 operator responsibility ATM safety procedures visibility issues crime incidence local law enforcement records California ATMs access area safety neighborhood safety evaluation ATM installation safety
(Added by Stats. 1990, Ch. 825, Sec. 1.)

Section § 13031

Explanation

This section clarifies that the California Legislature does not intend to create an obligation for ATM owners to move or modify their machines whenever something specific happens. Instead, the focus is on ensuring that ATM owners follow a standard of good faith when evaluating their machines under this chapter.

It is not the intent of the Legislature in enacting this chapter to impose a duty to relocate or modify automated teller machines upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all automated teller machines as provided herein.
ATM evaluation good faith standard automated teller machines ATM modification Legislature intent ATM relocation ATM ownership obligations good faith in financial services California ATM laws ATM regulation compliance
(Added by Stats. 1990, Ch. 825, Sec. 1.)