THE MOST RELEVANT
2013 NEW LAWS FOR DRIVERS

 

AB 1536 
Existing law prohibits a person from driving a motor vehicle while 
using an electronic wireless communications device to write, send, 
or read a text-based communication, except as specified. 
This bill would remove that prohibition if the person is using an 
electronic wireless communications device that is specifically 
designed and configured to allow voice-operated and hands-free 
operation to dictate, send, or listen to a text-based communication, 
and it is used in that manner while driving. 

 

AB 1452 -Adds a requirement that parents be notified as to where, and at no cost, 
a Booster Seat or child passenger restraint system can be inspected and proper 
installation instruction can be given.

 

AB 1534 
Existing law regulates the accuracy of information provided to 
consumers during vehicle sales, including the information contained 
in advertising, brochures, and manuals, as specified. Existing law 
also requires manufacturers, as specified, to disclose certain 
information regarding a vehicle's engine, as specified, by affixing a 
label on the vehicle. A violation of these provisions is an 
infraction. 
This bill would require a buy-here-pay-here dealer, as defined, to 
affix to and to prominently and conspicuously display a label on any 
used vehicle offered for retail sale that states the reasonable 
market value of the vehicle. The bill would require the label to 
contain specified information used to determine the vehicle's 
reasonable market value and the date the value was determined. The 
bill would require a buy-here-pay-here dealer to provide to a 
prospective buyer of the used vehicle a copy of any information 
obtained from a nationally recognized pricing guide that the 
buy-here-pay-here dealer used to determine the reasonable market 
value of the vehicle. By creating a new crime, the bill would impose 
a state-mandated local program. 

 

AB 1658
Under existing law, the Department of Motor Vehicles issues 
environmental and other specialized license plates. The issuance of 
some of those license plates is subject to additional fees. 
This bill would require the department to establish the California 
Legacy License Plate Program, and to create and issue a series of 
specialized license plates that replicate plates from the state's 
past, if at least 7,500 applications for any one particular plate are 
received and held by the department, on or before January 1, 2015. 
The bill would require that, upon determination by the department 
that there are sufficient funds for the program, moneys be available, 
upon appropriation by the Legislature, to the department for the 
necessary administrative costs of establishing the program and, as to 
any remaining moneys, for deposit into the California Environmental 
License Plate Fund for appropriation by the Legislature pursuant to 
existing law. 

 

AB 1854 
Existing law makes it a misdemeanor for any person to install or 
reinstall for compensation or distribute or sell any previously 
deployed air bag that is part of an inflatable restraint system if 
the person knows that the air bag has been previously deployed. 
This bill would also make it a misdemeanor for a person, for 
compensation, to install, reinstall, rewire, tamper with, alter, or 
modify a vehicle's computer system or supplemental restraint system, 
including, but not limited to, the supplemental restraint system's 
on-board system performance indicators, so that it falsely indicates 
the supplemental restraint system is in proper working order, and for 
a person to knowingly distribute or sell a previously deployed air 
bag or component that will no longer meet the original equipment 
manufacturing form or function for proper operation. 
Because this bill would expand the definition of an existing 
crime, it would impose a state-mandated local program. 
The California Constitution requires the state to reimburse local 
agencies and school districts for certain costs mandated by the 
state. Statutory provisions establish procedures for making that 
reimbursement. 

 

AB 1888 
Existing law provides for the licensing and administration by the 
Department of Motor Vehicles of traffic violator schools, operators, 
and instructors. Existing law authorizes the court, after a deposit 
of bail and bail forfeiture, a plea of guilty or no contest, or a 
conviction, to order a continuance of the proceeding against a person 
who receives a notice to appear in court for a violation of a 
statute relating to the safe operation of a vehicle, in consideration 
for completion of a program at a licensed school for traffic 
violators. The court is authorized to order that the conviction be 
held confidential, unless the person holds a commercial driver's 
license or the violation occurred in a commercial vehicle. The court 
is prohibited from ordering or permitting a person who holds a class 
A, class B, or commercial class C driver's license to complete a 
licensed traffic violator school. Existing law requires that no 
violation point count be assessed if the record of conviction is 
confidential. The driving privilege of a person whose driving record 
shows 6 or more points within specified timeframes is subject to 
suspension or revocation. A violation of the Vehicle Code is a crime. 

 

AB 1890 
Existing law prohibits any person, except as specified, from 
driving any motor vehicle with any object or material placed, 
displayed, installed, affixed, or applied in or upon the vehicle that 
obstructs or reduces the driver's clear view through the windshield 
or side windows. Existing law makes it unlawful for any person to 
refuse to pay tolls or other charges on any vehicular crossing or 
toll highway and requires, among other things, that if a transponder 
or other electronic toll payment device is used to pay tolls or other 
charges due, the device be located in or on the vehicle in a 
location so as to be visible for the purpose of enforcement at all 
times when the vehicle is located on the vehicular crossing or toll 
highway. 
This bill would require a motorcyclist to instead use any one of 5 
specified methods when using a transponder or other electronic toll 
payment device to pay tolls or other charges when entering a vehicle 
crossing or toll highway. 

(A) Place the transponder or other electronic toll payment device 
in the motorcyclist's pocket. 
(B) Place the transponder or other electronic toll payment device 
inside a cycle net that drapes over the gas tank of the motorcycle. 
(C) Mount the transponder or other electronic toll payment device 
on license plate devices provided by the toll operator, if the toll 
operator provides those devices. 
(D) Keep the transponder or other electronic toll payment device 
in the glove or storage compartment of the motorcycle. 
(E) Mount the transponder or other electronic toll payment device 
on the windshield of the motorcycle. 

 

AB 2020 
Existing law provides that a person who is lawfully arrested for 
driving under the influence of a drug or the combined influence of an 
alcoholic beverage and drug has a choice of whether a chemical test 
to determine his or her drug or drug and alcohol level shall be a 
blood, breath, or urine test. If the person chooses to submit to a 
breath test, he or she may also be requested to submit to a blood or 
urine test if the officer has reasonable cause to believe that the 
person was driving under the influence of a drug or the combined 
influence of an alcoholic beverage and a drug and if the officer has 
a clear indication that a blood or urine test will reveal evidence of 
the person being under the influence. Existing law exempts a person 
who is afflicted with hemophilia, or a heart condition and is using 
an anticoagulant, from the blood test. 
This bill would revise these provisions to delete the person's 
option to choose a chemical test of his or her urine for the purpose 
of determining the drug content of his or her blood. The bill would 
require that if a blood test is unavailable, then the person is 
deemed to have given his or her consent to a urine test. The bill 
would also require that if the person is lawfully arrested for 
driving under the influence of a drug or the combined influence of an 
alcoholic beverage and any drug, the person only has the choice of 
either a blood or breath test. The bill would delete the option of a 
urine test, except as required as an additional test. The bill would 
require those persons exempted from the blood test to submit to, and 
complete, a urine test. 

 

AB 2188 
(1) Existing law declares the intent of the Legislature to adopt 
those standards required of drivers by the Federal Highway 
Administration of the United States Department of Transportation, as 
set forth in the Commercial Motor Vehicle Safety Act of 1986 and to 
reduce or prevent commercial motor vehicle accidents, fatalities, and 
injuries by permitting drivers to hold only one license, 
disqualifying drivers for certain criminal offenses and serious 
traffic violations, and strengthening licensing and testing 
standards. 
Existing law disqualifies a driver from operating a commercial 
motor vehicle for one year if the driver is convicted of a serious 
traffic violation involving a commercial or noncommercial motor 
vehicle occurring within 3 years of conviction of a separate serious 
traffic violation. Operating a vehicle while disqualified is a crime. 

This bill would make changes to the requirements applicable to the 
holding of commercial driver's licenses regarding, among other 
things, medical certifications, military exemptions, out-of-service 
order violations, and violations occurring in other jurisdictions, to 
conform to federal law. 
This bill would make other changes to ensure compliance with 
federal regulations, including, among other things, adding second and 
subsequent convictions for texting while driving as a serious 
traffic violation, which disqualifies a driver from operating a 
commercial motor vehicle for a specified time period. By expanding 
the scope of an existing crime, the bill would create a 
state-mandated local program. The bill would also make technical and 
conforming changes and delete obsolete references in these 
provisions. 

AB 2189 
(1) Existing law requires the Department of Motor Vehicles to 
issue driver's licenses to applicants who meet specified criteria and 
provide the department with the required information. Existing law 
requires the department to establish that the applicant's presence in 
the United States is authorized under federal law. 
Under existing federal law, the Secretary of the Department of 
Homeland Security has issued a directive allowing certain 
undocumented individuals who meet several key criteria for relief 
from removal from the United States or from entering into removal 
proceedings to be eligible to receive deferred action for a period of 
2 years, subject to renewal, and who will be eligible to apply for 
work authorization. 
This bill would allow persons who provide satisfactory proof, as 
described, that their presence in the United States is authorized 
under federal law, but who are not eligible for a social security 
account number, to receive an original driver's license from the 
Department of Motor Vehicles if they meet all other qualifications 
for licensure. 
(2) Existing law prohibits a person from renting a motor vehicle 
to another unless the person to whom the vehicle is rented is a 
validly licensed driver, as specified, and the person renting to that 
driver has inspected the person's driver's license and compared the 
signature on the license with the signature of the driver written in 
his or her presence. 
This bill would delete the requirement that the signature of the 
driver be written in his or her presence and would allow the person 
renting the vehicle to instead compare the photograph on the driver's 
license of the person with the person to whom the vehicle is to be 
rented. 
The bill would also exempt, a "rental company," as defined, from 
these requirements if the rental is subject to the terms of a 
membership agreement that allows the renter to gain physical access 
to a car without a key through use of a code, key card, or by other 
means that allow the car to be accessed at a remote location or at a 
business location of the rental company outside of that location's 
regular hours of operation. 

AB 2405 
Existing law authorizes the Department of Transportation to 
designate certain lanes for the exclusive use of high-occupancy 
vehicles (HOV), which lanes may also be used, until January 1, 2015, 
by certain eligible low-emission and hybrid vehicles not carrying the 
requisite number of passengers otherwise required for the use of HOV 
lanes if the vehicle displays a valid identifier issued by the 
Department of Motor Vehicles. Existing law provides that a vehicle, 
eligible under these provisions to use HOV lanes, that meets the 
California's enhanced advanced technology partial zero-emission 
vehicle (enhanced AT PZEV) standard is not exempt from toll charges 
imposed on single-occupant vehicles in lanes designated for tolls 
pursuant to a federally supported value-pricing and transit 
development program involving high-occupancy toll (HOT) lanes 
conducted by the Los Angeles County Metropolitan Transportation 
Authority. 
This bill would instead exempt, with specified exceptions 
applicable to passage on designated state highways, all of the 
low-emission and hybrid vehicles eligible to use HOV lanes under 
these provisions, including vehicles that meet the enhanced AT PZEV 
standards, from toll charges imposed on HOT lanes unless prohibited 
by federal law. The bill would exclude a toll imposed for passage on 
a toll road or toll highway, that is not an HOT lane, a toll imposed 
for crossing a state-owned bridge, or, until March 1, 2014, a toll 
imposed for passage in HOT lanes designated for State Highway Route 
10 or 110, from this exemption. The bill would provide that these 
changes shall be known as the Choose Clean Cars Act of 2012. 

 

AB 2489 
(1) Existing law prohibits a person from displaying upon a vehicle 
a license plate altered from its original markings. Existing law 
also prohibits a person from selling a product or device that 
obscures, or is intended to obscure, the reading or recognition of a 
license plate, as specified. A violation of these provisions is an 
infraction and the penalty for the first conviction of an infraction 
under the Vehicle Code is a fine not exceeding $100. 
This bill would additionally prohibit a person from selling a 
product or device that obscures, or is intended to obscure, the 
reading or recognition of a license plate by visual means. The bill 
would also prohibit a person from operating a vehicle with such a 
product or device and would make it a crime for a person to erase the 
reflective coating of, paint over the reflective coating of, or 
alter a license plate to avoid visual or electronic capture of the 
license plate or its characters by state or local law enforcement. 
By creating new crimes and expanding the definition of an existing 
crime, the bill would impose a state-mandated local program. The 
bill would provide that a violation of these prohibitions is 
punishable by a fine of not more than $250 per item sold or per 
violation and would provide that these offenses are subject to 
specified procedures with regard to a defendant electing to have the 
case proceed as a misdemeanor. 

 

AB 2552 
Existing law prohibits a person who is under the influence of any 
alcoholic beverage or drug, or under the combined influence of any 
alcoholic beverage and drug, or who has 0.08% or more, by weight, of 
alcohol in his or her blood, or who is addicted to the use of any 
drug, to drive a vehicle. Existing law also makes it unlawful to 
drive under the influence and cause bodily injury to another person. 
This bill would, as of January 1, 2014, revise and recast these 
provisions to separately and distinctly define each of the 
above-described offenses. 



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 

SECTION 1. Section 23152 of the Vehicle Code, as amended by 
Section 31 of Chapter 455 of the Statutes of 1995, is amended to 
read: 
23152. (a) It is unlawful for any person who is under the 
influence of any alcoholic beverage or drug, or under the combined 
influence of any alcoholic beverage and drug, to drive a vehicle. 
(b) It is unlawful for any person who has 0.08 percent or more, by 
weight, of alcohol in his or her blood to drive a vehicle. 
For purposes of this article and Section 34501.16, percent, by 
weight, of alcohol in a person's blood is based upon grams of alcohol 
per 100 milliliters of blood or grams of alcohol per 210 liters of 
breath. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.08 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.08 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after the driving. 
(c) It is unlawful for any person who is addicted to the use of 
any drug to drive a vehicle. This subdivision shall not apply to a 
person who is participating in a narcotic treatment program approved 
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of 
Part 3 of Division 10.5 of the Health and Safety Code. 
(d) It is unlawful for any person who has 0.04 percent or more, by 
weight, of alcohol in his or her blood to drive a commercial motor 
vehicle, as defined in Section 15210. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.04 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.04 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after the driving. 
(e) This section shall remain in effect only until January 1, 
2014, and as of that date is repealed, unless a later enacted 
statute, that is enacted before January 1, 2014, deletes or extends 
that date. 
SEC. 2. Section 23152 of the Vehicle Code, as amended by Section 
31 of Chapter 455 of the Statutes of 1995, is amended to read: 
23152. (a) It is unlawful for a person who is under the influence 
of any alcoholic beverage to drive a vehicle. 
(b) It is unlawful for a person who has 0.08 percent or more, by 
weight, of alcohol in his or her blood to drive a vehicle. 
For purposes of this article and Section 34501.16, percent, by 
weight, of alcohol in a person's blood is based upon grams of alcohol 
per 100 milliliters of blood or grams of alcohol per 210 liters of 
breath. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.08 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.08 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after the driving. 
(c) It is unlawful for a person who is addicted to the use of any 
drug to drive a vehicle. This subdivision shall not apply to a person 
who is participating in a narcotic treatment program approved 
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of 
Part 3 of Division 10.5 of the Health and Safety Code. 
(d) It is unlawful for a person who has 0.04 percent or more, by 
weight, of alcohol in his or her blood to drive a commercial motor 
vehicle, as defined in Section 15210. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.04 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.04 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after the driving. 
(e) It is unlawful for a person who is under the influence of any 
drug to drive a vehicle. 
(f) It is unlawful for a person who is under the combined 
influence of any alcoholic beverage and drug to drive a vehicle. 
(g) This section shall become operative on January 1, 2014. 
SEC. 3. Section 23152 of the Vehicle Code, as amended by Section 
32 of Chapter 455 of the Statutes of 1995, is repealed. 
SEC. 4. Section 23153 of the Vehicle Code, as amended by Section 
18 of Chapter 974 of the Statutes of 1992, is amended to read: 
23153. (a) It is unlawful for any person, while under the 
influence of any alcoholic beverage or drug, or under the combined 
influence of any alcoholic beverage and drug, to drive a vehicle and 
concurrently do any act forbidden by law, or neglect any duty imposed 
by law in driving the vehicle, which act or neglect proximately 
causes bodily injury to any person other than the driver. 
(b) It is unlawful for any person, while having 0.08 percent or 
more, by weight, of alcohol in his or her blood to drive a vehicle 
and concurrently do any act forbidden by law, or neglect any duty 
imposed by law in driving the vehicle, which act or neglect 
proximately causes bodily injury to any person other than the driver. 

In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.08 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.08 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after driving. 
(c) In proving the person neglected any duty imposed by law in 
driving the vehicle, it is not necessary to prove that any specific 
section of this code was violated. 
(d) It is unlawful for any person, while having 0.04 percent or 
more, by weight, of alcohol in his or her blood to drive a commercial 
motor vehicle, as defined in Section 15210, and concurrently to do 
any act forbidden by law or neglect any duty imposed by law in 
driving the vehicle, which act or neglect proximately causes bodily 
injury to any person other than the driver. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.04 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.04 percent or more, by weight, of alcohol in his or her 
blood at the time of performance of a chemical test within three 
hours after driving. 
(e) This section shall remain in effect only until January 1, 
2014, and as of that date is repealed, unless a later enacted 
statute, that is enacted before January 1, 2014, deletes or extends 
that date. 
SEC. 5. Section 23153 of the Vehicle Code, as amended by Section 
18 of Chapter 974 of the Statutes of 1992, is amended to read: 
23153. (a) It is unlawful for a person, while under the influence 
of any alcoholic beverage to drive a vehicle and concurrently do any 
act forbidden by law, or neglect any duty imposed by law in driving 
the vehicle, which act or neglect proximately causes bodily injury to 
any person other than the driver. 
(b) It is unlawful for a person, while having 0.08 percent or 
more, by weight, of alcohol in his or her blood to drive a vehicle 
and concurrently do any act forbidden by law, or neglect any duty 
imposed by law in driving the vehicle, which act or neglect 
proximately causes bodily injury to any person other than the driver. 

In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.08 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.08 percent or more, by weight, of alcohol in his or her 
blood at the time of the performance of a chemical test within three 
hours after driving. 
(c) In proving the person neglected any duty imposed by law in 
driving the vehicle, it is not necessary to prove that any specific 
section of this code was violated. 
(d) It is unlawful for a person, while having 0.04 percent or 
more, by weight, of alcohol in his or her blood to drive a commercial 
motor vehicle, as defined in Section 15210, and concurrently to do 
any act forbidden by law or neglect any duty imposed by law in 
driving the vehicle, which act or neglect proximately causes bodily 
injury to any person other than the driver. 
In any prosecution under this subdivision, it is a rebuttable 
presumption that the person had 0.04 percent or more, by weight, of 
alcohol in his or her blood at the time of driving the vehicle if the 
person had 0.04 percent or more, by weight, of alcohol in his or her 
blood at the time of performance of a chemical test within three 
hours after driving. 
(e) It is unlawful for a person, while under the influence of any 
drug, to drive a vehicle and concurrently do any act forbidden by 
law, or neglect any duty imposed by law in driving the vehicle, which 
act or neglect proximately causes bodily injury to any person other 
than the driver. 
(f) It is unlawful for a person, while under the combined 
influence of any alcoholic beverage and drug, to drive a vehicle and 
concurrently do any act forbidden by law, or neglect any duty imposed 
by law in driving the vehicle, which act or neglect proximately 
causes bodily injury to any person other than the driver. 
(g) This section shall become operative on January 1, 2014. 
SEC. 6. Section 23153 of the Vehicle Code, as amended by Section 
19 of Chapter 974 of the Statutes of 1992, is repealed. 

 

AB 2659
(1) Existing law prohibits a person from renting a motor vehicle 
to another unless the person to whom the vehicle is rented is a 
validly licensed driver, as specified, and the person renting to that 
driver has inspected the person's driver's license and compared the 
signature on the license with the signature of the driver written in 
his or her presence. 
This bill would delete the requirement that the signature of the 
driver be written in his or her presence and would allow the person 
renting the vehicle to instead compare the photograph on the driver's 
license of the person with the person to whom the vehicle is to be 
rented. 
The bill would also exempt a "rental company," as defined, from 
these requirements if the rental is subject to the terms of a 
membership agreement that allows the renter to gain physical access 
to a car without a key through use of a code, key card, or by other 
means that allow the car to be accessed at a remote location or at a 
business location of the rental company outside of that location's 
regular hours of operation. 
(2) Existing law requires the Department of Motor Vehicles to not 
issue a commercial driver's license to any person to operate a 
commercial motor vehicle until the person has passed a written and 
driving test for the operation of a commercial motor vehicle that 
complies with the minimum federal standards established by the 
federal Commercial Motor Vehicle Safety Act of 1986 and specified 
federal regulations, and has satisfied all other requirements of that 
act as well as any other requirements imposed by the Vehicle Code. 
This bill would authorize the department to waive the driving 
skills test required by federal regulations for a commercial motor 
vehicle driver with military commercial motor vehicle experience who 
is currently licensed with the United States Armed Forces at the time 
of his or her application for a commercial driver's license, and 
whose driving record in combination with his or her driving 
experience meets, at a minimum, specified conditions required by 
federal law.