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.