Every year drivers need to know what new California laws are on the books that may affect what they can or cannot do while they are behind the wheel. Beginning on Jan. 1, 2013, here are some of the laws affecting motorists:
Driving Under the Influence of Drugs.(AB 2020, Pan). A person who is suspected of driving under the influence of drugs will now have to submit to a blood test. Previously, a person suspected of being under the influence of drugs had the option of choosing whether they wanted to provide a urine or a blood sample to police. However, if a blood test is not available, as a special police unit is required to conduct such a test, the suspected driver will be required to take the urine test. Blood tests are more expensive, but are far more reliable than urine tests and less likely to be challenged by defense lawyers in court.
Chaperones Required on Party Buses and Limousines. (AB 45, Hill) In the wake of a car crash that killed 19-year-old Brett Studebaker of Burlingame, California, those under 21 years old are now required to have an older chaperone if they are traveling on a chartered bus and that carries alcohol onboard. Studebaker died in a crash after he was dropped off following an underage drinking excursion on a party bus that left him intoxicated in 2010. The law, AB 45, closes a loophole in an existing law that required limousine drivers to monitor underage drinking. The new law extends the same requirements to all bus and chauffeured vehicle operators.
The law was proposed by Assemblyman Jerry Hill, D-San Mateo. The chartered limo and bus service operators must ask those hiring them if there are underage minors aboard and if alcohol will be present. The driver must inform its patrons that a chaperone 25 years or older is required if a parent is not present and must enforce this requirement.
The new law would subject bus and limousine companies to a $2,000 fine and a suspended or revoked license if they fail to comply with the new law. Also, drivers are required to terminate the scheduled trip if an underage person is caught drinking and the chaperone has a duty to ensure the minor is returned to their home safely.
Electronic Wireless Communications (AB 1536, Miller) Assemblyman Jeff Miller, R-Orange County introduced this bill enabling texting and emailing while driving in California hands free. The law says drivers are permitted to text and email “if the person is using an electronic wireless communications device specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication.”
Indeed, the act amends Section 23123.5 of the Vehicle Code to allow motorists to use this technology despite statistics that have shown drivers can be distracted by simply being engaged in conversation. Distracted driving was the cause of roughly 16 percent of all fatal crashes in 2008, according to the National Highway Traffic Safety Administration. About 5,800 people were killed in such accidents and about 515,000 were injured, the NHTSA reported.
Financial Responsibility and Insurance(AB 1708, Gatto) If you are one of those people who hates paper in the glove box, you will be happy to know that you now have the option of providing proof of insurance and registration to a police officer on an electronic device such as a smart phone or tablet under this new 2013 California law.
High Occupancy Toll (HOT) Lanes (AB 2405, Blumenfield) This law rewards solo drivers of certain low-emission and hybrid vehicles by allowing them free access to certain carpool lanes that are designated as High Occupancy Toll (HOT) lanes. Under the Choose Clean Cars Act, motorists with cars carrying a required Clean Air Vehicle Sticker may use these HOT lanes until January 1, 2015.
Driverless Vehicles (SB 1298, Padilla) A licensed and bonded operator must be sitting in the driver’s seat in new autonomous vehicles driven on public roads. Also, the driverless vehicles are only permitted on public roadways for testing purposes. Additionally, the Department of Motor Vehicles must create regulations to govern the licensing, bonding, testing and operation of autonomous vehicle technology.
California Undocumented Driver Licenses (AB 2189, Cedillo) This bill amends Section 12801 of the Vehicle Code to allow undocumented individuals residing in the United States to obtain a driver’s license if they are qualified to have one, but are not eligible for a social security account number. The Legislature created this amendment in an effort to codify the holding in the case of Lauderbach v. Zolin (1995) 35 Cal.App.4th 578.
Automated Traffic Enforcement Systems (SB 1303, Simitian) This new law will allow government agencies, who use red light camera enforcement, to use as evidence computer-generated information, videos or photographs against motorists who allegedly run a red light without worry of the printed materials being rejected as out-of-court hearsay.
Obstructing or Altering California License Plates (AB 2489, Hall) In an effort to crack down on drivers who use reflective license plate covers to obscure their license plates from red light enforcement cameras, this new law provides for a fine up to $100 to anyone using such a device or altering a license plate from its original condition. For about $10, a driver could install one of these devices on their license plate in an effort to avoid having their plates photographed in the event they run through a red light. Under this new law, makers of these devices are also prohibited from creating them and selling them. The fine for selling such items is $250 per item sold or per violation and may be punishable as a misdemeanor
Child Passenger Restraints (AB 1452, Hill) Parents and caregivers of children under the age of 8 years old whose child is discharged from a hospital, clinic, and or, birthing center, will now be provided with contact information regarding child safety seat requirements, installation, and inspection under this new law.
California Car Accident Attorney
Attorney West Seegmiller, founder of the Seegmiller Law Firm, is a personal injury attorney who represents victims of accidents who are injured or killed due to someone else’s negligence. The Newport Beach-based accident attorney has offices throughout Southern California to serve its injured clients seeking compensation for their financial losses.
This article was sponsored by the Seegmiller Law Firm. Our attorneys offer a free consultation for prospective clients who have been injured or have lost a loved one due to someone else’s negligence. Call 1-855-ASK–WEST (1-855-275-9378) to speak with an attorney.
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