New Traffic Laws
Following is an abbreviated summary of selected new laws.
A more comprehensive list appears on the DMV Web site at www.dmv.ca.gov
(Note: “AB” denotes a bill that was originated in the California State Assembly, and “SB” denotes a bill that originated in the California State Senate. The names after the bill numbers are the persons who authored the bills.
TRAFFIC SAFETY
- Text Messaging (SB 28/Simitian) -- effective Jan 1, 2009 -- This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.
- Global Positioning System (GPS) (SB 1567/Oropeza) -- effective Jan 1, 2009 -- An ammendement to the vehicle code (section 26708) clarifies that a GPS receiver may not be mounted in the area of the windshield unless it is, "mounted in a 7-inch square in the lower corner of the windshield farthest removed from the driver or in a 5-inch square in the lower corner of the windshield nearest to the driver, if the system is used only for door-to-door navigation while the motor vehicle is being operated and outside of an airbag deployment zone."
- Wireless telephones (SB 1613/Simitian) -- effective July 1, 2008 -- Prohibits the use of wireless telephones while driving, unless the telephone is designed and configured to allow hands-free listening and talking operation, and is used in that manner while driving. Base fine for a first offense: $20, and $50 for each subsequent offense. The law provides an exemption for emergency purposes.
Here is a link to the specific vehicle code section, 23123(a).
Note also, on July 1, 2011, the list of exempt drivers is shortened. - Wireless telephones, under 18 (SB 33/Simitian) A person under the age of 18 is prohibited from operating a motor vehicle while using a wireless telephone, even when equipped with a hands-free device, or while using a mobile service device. The law provides an exemption for emergency purposes.
- Bicycle safety (AB 478/Wolk) A person operating a bicycle during darkness is required to utilize illumination devices while riding upon a highway, a sidewalk, or a bikeway.
- Traffic violation dismissals (AB 645/Feuer/Leno) The courts are prohibited from dismissing serious traffic violations, such as driving under the influence, hit and run, or reckless driving, through completion of traffic violator school or any other court-approved program of driving safety.
- License plate coating (AB 801/Walters/Solorio) The use or sale of a product (spray coating) that would impair the reading or recognition of a license plate by an electronic device, such as a red light camera is prohibited.
- Driver responsibility (AB 808/Parra/Spitzer) This law requires applicants for a driver’s license renewal to sign a declaration acknowledging that being under the influence of alcohol and/or drugs impairs the ability to safely operate a motor vehicle.
CONSUMER PROTECTION
- Restitution for victims (SB 525/Lowenthal) Authorizes the DMV to order restitution to victims who have suffered financial loss or damage by a vehicle dealer, manufacturer, distributor or transporter. The law allows restitution when the occupational license is suspended or revoked.
- Consumer recovery fund (AB729/Padilla) This law creates a special fund to compensate consumers who have suffered monetary losses as the result of a vehicle dealership closure or insolvency. Funded by a $1 fee collected by DMV on all vehicles sold by a dealer or lessor/retailer.
AIR QUALITY
- Temporary Operating Permits (AB2241/Saldana) -- effective Jan 1, 2009 -- This law restricts DMV from issuing temporary operating permits to allow more time to obtain a smog certificate as part of the registration renewal process. Under the law, extensions will cost $50 and are only allowed if the vehicle has been tested at a smog station and failed. The extension can be for no more than 60 days from the date registration is due. The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assistance Program (CAP).
- Counterfeit Clean Air Stickers (SB 1720/Lowenthal) -- effective Jan 1, 2009 -- This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.
- Minor passengers smoking ban (SB 7/Oropeza) This law prohibits anyone from smoking in a vehicle where minors are present, regardless if the vehicle is in motion or at rest. Law enforcement cannot stop a vehicle solely to determine whether a violation has occurred.
- Air quality fees (AB 118/Nunez) The smog abatement fee, the vehicle registration fee, the vessel registration fee and the identification plate fee will be increased, effective July 1. Additional revenues collected will be used to fund a variety of fuel and vehicle technology projects through the Bureau of Automotive Repair, the California Air Resources Board and the California Energy Commission.
- Reduction in diesel emissions (AB 233/Jones) The Healthy Heart and Lung Act will be established as a means to reduce diesel emissions and prohibits the registration, renewal of registration or transfer of ownership of a heavy-duty diesel vehicle if the vehicle owner or operator has an outstanding emissions-related citation.
ADMINISTRATIVE
- Unlicensed Car Dealers (AB 2042/Fuentes) -- effective Jan 1, 2009 -- This new law allows law enforcement officers to impound vehicles that are being sold by unlicensed dealers.
- DUI Probation License Suspension (AB 1165 Maze) -- effective Jan 1, 2009 --
A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation. - Motorcycle Definition (AB 2272/Fuentes) -- effective Jan 1, 2009 -- This new law changes the definition of a motorcycle, deleting the existing weight limitation of 1500 pounds. It also removes a separate definition for electrically-powered vehicles. This change in law will also allow drivers of fully-enclosed 3-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.
- Vehicle Parking Fees (AB 2401, Karnette) -- effective Jan 1, 2009 -- This law prohibits the Department or a processing agency from collecting outstanding parking fees and penalties from the registered owner of a vehicle if that owner was not the registered owner, lessee, or person in control of the vehicle when a parking citation was issued.
Other Laws of which You Should Be Aware
Headlight use during inclement weather/ with use of wipers – Beginning in July of 2005, anytime windshield wipers have to be turned on for inclement weather (rain, mist, fog, snow, etc.), drivers are required to turn on their headlights, regardless of the time of day, 24400(a) CVC.
Child Safety Seat Law – Children must be restrained in a safety seat until they are 6 years old or weigh 60 pounds.
Learn more about seat restraints here...