New Ca. Traffic Laws

[GARYC24 3]

Thought I'd share, especially the windshield wiper law!

Here are the Motor Vehicle Related laws that changed in 2005 from
MRTRAFFIC.COM

Not all bills with changes to sections of the Vehicle Code and related codes are listed. A complete list is available on the Legislature's web site at www.leginfo.ca.gov on the Internet.

Unless otherwise indicated, these new laws become effective on January 1, 2005.
The following are among the new laws taking effect Jan. 1, unless otherwise noted:

Off-roading on public land with a suspended license will be illegal, truckers won't get the benefit of traffic school, and daylight headlamp requirements will be easier to enforce next year.

Lawmakers made those changes and about 200 other updates to the California Vehicle Code this year.

Some code changes were minor. One made the code more politically correct by replacing references to handicapped or invalid drivers with disabled drivers.

Another requires insurance companies to transmit coverage information to the Department of Motor Vehicles electronically by 2006.

Other modifications will have a direct impact on people.

For example, unlicensed scooter drivers have been allowed to operate vehicles if they are at least 16 years old. A law effective Jan. 1 requires a learner's permit or a valid driver's license.

The change does not address pocket bikes.

The miniature motorcycles are illegal to drive on public roadways because they do not have headlights or other safety equipment and cannot be registered with the DMV..

Drivers caught speeding over 100 mph a second time will face a $750 fine. A third violation will cost $1,000. People convicted of drunken driving will have to wait 10 years instead of seven before another violation doesn't lead to increased sanctions. And drivers using disabled parking placards will need a note from their doctor verifying their disability.

Preferential Lanes

Allows no more than 75,000 hybrid vehicles meeting specified advanced-technology standards to be issued Clean Air Vehicle decals until January 1, 2008. Applicants whose vehicles are registered to addresses within the nine Bay Area counties will be required to submit documentation verifying enrollment in the automated FasTrak system to receive the decals, unless FasTrak is not operational for HOV lanes on seven specified bridges. THIS LAW WILL NOT BECOME EFFECTIVE UNTIL AND IF THE FEDERAL GOVERNMENT CHANGES ITS STANDARDS FOR WHAT VEHICLES CAN BE IN A CARPOOL WITH ONE PASSENGER. IT IS NOT ON THE HORIZON.

Motor Scooters

Requires operators of motorized scooters to hold a Class C driver license or instruction permit. Authorizes cities or counties to pass ordinances to regulate operation of these scooters on local streets and highways. It also requires that scooters meet specified exhaust and noise requirements, and that manufacturers provide information for lawful operation.

Wireless Telephones

Makes it unlawful to drive a school bus or transit vehicle while using a wireless telephone. This prohibition would not apply to a driver using a wireless telephone for work-related or emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency.

Motor Vehicle Speed Contest Punishment

Requires the court to order a person convicted of a first violation of a speed contest to perform 40 hours of community service. If the offender's license privilege is suspended, proof of financial responsibility is required for reinstatement.

DUI Sanction

Increases the time period from seven to ten years during which arrests and/or convictions of DUI violations will be counted as prior offenses for the purposes of increased driver license penalties. It also requires the court to order a person convicted of a prior DUI to complete an alcohol and drug problem assessment program even though that prior conviction occurred more than ten years ago and authorizes the court to order the person to complete a repeat offender treatment program. It expands court-ordered participation in a county alcohol and drug problem assessment program to all persons convicted of a second or subsequent DUI offense that occurred within ten years of a prior offense.

DUI License Restriction

Requires course providers to send certificates for attendance and completion of alcohol treatment programs directly to DMV's Sacramento Headquarters and prohibits them from giving certificates to drivers.

DUI Driver License Sanctions

The courts will no longer be responsible for imposing a driver license sanction as the result of a conviction for a DUI, and assigns this responsibility solely to the DMV. It also ensures that all persons convicted of a DUI will receive a restriction, suspension, or revocation of the driving privilege, without exception.

Assembly Bill 1854- If your program discusses headlight usage, please update CVC section 24400 regarding required usage of headlights to reflect the following: Windshield Wipers On = Headlights On

This section is being updated to state “every motor vehicle, other than a motorcycle, be operated with headlamps whenever weather conditions prevent a driver from clearly discerning a person or other motor vehicle on the highway from a distance of 1000 feet, or when driving in conditions that require windshield wipers to be in continuous use.”



Implementation 9/20/2005

Brings the Vehicle Code into compliance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA):

Adds California residency as a requirement for a California commercial driver license.
Requires that CHP maintain its current school bus certification program. A school bus driver must possess a school bus endorsement. Endorsement code "S" must be indicated on the actual driver license.
Imposes a disqualification on commercial drivers who have been convicted of traffic offenses while operating a non-commercial motor vehicle which results in a cancellation, revocation or suspension of their Class C privileges.
Imposes a license disqualification for conviction of the following offenses:
DUI or driving with excessive blood alcohol content (BAC) in any motor vehicle.
DUI involving injury or driving with excessive BAC causing injury in any motor vehicle.
0.04% BAC or greater while operating a commercial motor vehicle (CMV).
0.04% BAC or greater while operating a CMV causing injury.
Refusing to submit to, or failing to complete a chemical test or tests.
Imposes a lifetime disqualification if the commercial driver uses any motor vehicle in the commission of the felony.
Disqualifies a commercial driver for a period of 120 days if convicted of a serious traffic violation involving any motor vehicle and the offense occurred within three years of two or more separate convictions for serious traffic violations.
Makes it unlawful to violate any out-of-service order. It also provides that it is unlawful to fail or refuse to comply with a lawful out-of-service order issued by the United States Secretary of the Department of Transportation.
Prohibits operating a commercial motor vehicle for a period of 180 days if the person is convicted of violating an out-of-service order while transporting hazardous materials or while operating a vehicle designed to transport 16 or more passengers, including the driver and increases the prohibition to three years for a conviction of a second violation.
A CDL driver convicted of violating an out-of-service order is subject to a civil penalty of not less than $1,100 nor more than $2,750.
Prohibits a state from issuing a special CDL or permit (including a provisional or temporary license) to any commercial driver who is disqualified or whose non-commercial driving privilege is revoked, suspended, or cancelled. The court does not have the authority to issue a restricted commercial driver license.
Eliminates the current authority in law to issue a restricted commercial license to a driver who is otherwise suspended for a first offense of driving under the influence of alcohol or drugs occurring in a non-commercial vehicle, or if the driving privilege has been suspended for failure to have insurance at the time of an accident in a non-commercial vehicle. The court does not have the authority to issue a restricted CDL.
Establishes that courts may not order or permit the holder of a commercial driver license or any class driver license to attend a traffic violator school, a driving school, or any other court-approved instruction of driving safety in lieu of any convictions for a traffic offense committed in a commercial vehicle.
Allows the MCSIA to transmit an order to disqualify a commercial driver for cause, and that such information must become a part of the driver's record.
Imposes the following penalties on employers:
Prohibits an employer from knowingly allowing a driver to operate a commercial motor vehicle during any period in which the driver, the vehicle, or the motor carrier, is subject to an out-of-service order.
Imposes civil penalties on an employer convicted of permitting drivers or vehicles to operate during any period in which an out-of-service order is in force.
Prohibits an employer from knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in the United States in violation of any law or regulation pertaining to railroad-highway grade crossings.
Provides that whenever the DMV is required to disqualify the commercial driving privilege upon conviction, the suspension or revocation would begin upon receipt of the certified court abstract showing that the person has been convicted of the violation.


Electronic Verification

Requires the department, by July 1, 2006, to establish a method by which law enforcement may electronically verify financial responsibility for a vehicle registered on the department's database.

Implementation 9/01/2006

Mandatory Requirement

Establishes a mandatory requirement that insurance companies electronically submit insurance information to DMV. It also allows the department to cancel a vehicle's registration if an insurance company reported that the insurance has lapsed. This cancellation policy affects originals, transfers, and renewals of registration.

Implementation 9/20/2005

Front License Plate Holder

Prohibits a dealer from selling or distributing a new motor vehicle that is not equipped with a front license plate bracket.

[ChasingBlueSky 0]

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Thought I'd share, especially the windshield wiper law!

We have had that law in IL for a few years now.

_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

[kelpdiver 2]

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Thought I'd share, especially the windshield wiper law!

We have had that law in IL for a few years now.

Enforced?

Given the number of cars in CA I see driving with no lights even at night, I wonder what effect this wiper law will have in the daytime.

[ChasingBlueSky 0]

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Enforced?

Given the number of cars in CA I see driving with no lights even at night, I wonder what effect this wiper law will have in the daytime.

They made sure it was talked about in the media before and after it took effect. They did hand out tickets at that time for it. Now just about everyone has their lights on whenever they turn on their wipers. You will be surprised, it does help with visibility in bad weather; even during the day.

_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

[lawrocket 3]

Good stuff, Gary. Now there is actually a remedy for those a-holes who don't turn on their lights in the rain.

My wife is hotter than your wife.

[kelpdiver 2]

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You will be surprised, it does help with visibility in bad weather; even during the day.

After the obvious speeding and tailgating in the rain, nothing bugs me as much about other drivers who can't understand that their car is nearly invisible. The headlights aren't just there for them to see better!

[ChasingBlueSky 0]

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You will be surprised, it does help with visibility in bad weather; even during the day.

After the obvious speeding and tailgating in the rain, nothing bugs me as much about other drivers who can't understand that their car is nearly invisible. The headlights aren't just there for them to see better!

Yup, that is the visibility I was talking about.

_________________________________________
you can burn the land and boil the sea, but you can't take the sky from me....
I WILL fly again.....

[Shotgun 1]

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Wireless Telephones

Makes it unlawful to drive a school bus or transit vehicle while using a wireless telephone.

Damn... I got all excited for a second, thinking it was going to say that it was now illegal to talk on the phone while driving (for anyone). Of course if that was the case, I'm sure it would have been all over the news and I would have already heard about it...

[storm1977 0]

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Enforced?

Given the number of cars in CA I see driving with no lights even at night, I wonder what effect this wiper law will have in the daytime.

They made sure it was talked about in the media before and after it took effect. They did hand out tickets at that time for it. Now just about everyone has their lights on whenever they turn on their wipers. You will be surprised, it does help with visibility in bad weather; even during the day.

CT has had this law for years,, and it is enforced... $50 fine.

-----------------------------------------------------
Sometimes it is more important to protect LIFE than Liberty

[VanillaSkyGirl 6]

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You will be surprised, it does help with visibility in bad weather; even during the day.

After the obvious speeding and tailgating in the rain, nothing bugs me as much about other drivers who can't understand that their car is nearly invisible. The headlights aren't just there for them to see better!

[jimbarry 0]

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Wireless Telephones

Makes it unlawful to drive a school bus or transit vehicle while using a wireless telephone.

I see. Using a cell phone while driving a bus is dangerous, but using a cell phone while driving a car isn't. Got it. Thanks CA legislators!

[rmsmith 1]

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Off-roading on public land with a suspended license will be illegal...

I didn't realise that a license was require to be "off-roading" in the first place; I rode a mini-bike for years before I was even able to get a driver's license.