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Amends Vehicle
Code Section 21809
SUMMARY: Extends California’s “Slow and Move Over” law to stationary, marked
Department of Transportation Vehicles displaying flashing amber warning lights.
Amends Vehicle
Code Section 27602
SUMMARY: Allows a person to drive a motor vehicle with a television receiver,
video monitor, television or video screen, or any other similar means of
visually displaying a television broadcast or video signal, if the equipment is
designed, operated, and configured in a manner that prevents the driver of the
motor vehicle from viewing the television broadcast or video signal while
operating the vehicle in a safe and reasonable manner.
Adds Vehicle
Code Section 23700
SUMMARY: Establishes a four-county pilot program in the Counties of Alameda, Los
Angeles, Sacramento, and Tulare to assess the effectiveness of Ignition
interlock device (IID) installation in reducing driving under the influence
violations in those counties. This law requires first-time and repeat driving
under- the-influence (DUI) offenders to install an IID for a term ranging from 5
months to 36 months for various DUI violations and for a term ranging from 12
months to 48 months for various DUI violations involving an injury. This law
requires the DMV to study the effectiveness of IID’s to reduce the recidivism
rate of DUI offenders and report their findings to the Legislature.
OPERATIVE: July
1, 2010
Section 23700 is a very lengthy law and only portions of the law will be
displayed below as FYI. The obligation is to notify students in the affected
Counties that their driver's license suspension will not be lifted until they
show proof of installation of an IID. The following is the prescribed duration
for the IID and the time starts only after reinstatement or reissue (paragraph 3
of the law); 23152 (misdemeanor) violations first offense = 5 months; second
offense = 12 months; third offense = 24 months; fourth offense = 36 months.
23153 (felony) violations first offense = 12 months; second offense = 24 months;
third offense = 36 months; 4th offense = 48 months. How deeply you go into
these time limits is up to you.
Amends Penal
Code Sections 241.5 & 243.65
SUMMARY: Expands the definition of a highway worker to include employees of a
city, county, or city and county who perform specified activities related to
local streets and roads. Additionally, this law includes in the definition of a
highway worker, employees of a contractor while working under contract with the
Department of Transportation, contractors and employees of contractors while
working under contract with a city, county, or city and county, and volunteers.
Fee Changes
(note: effective July 28, 2010 – if you use dollar figures must update)Makes
technical corrections to Vehicle Code provisions subjecting various DMV
fees to annual Consumer Price Index adjustments to eliminate a disparity in the
fees for renewal of commercial driver licenses renewed by mail as opposed to in
personrenewals. Adds the fees for special firefighter equipment driver licenses
to those subject to CPI adjustments.
This bill also:
Increases the
fee for an original Class C or Class M driver license from $28 to
$31*;
Increases the
fee for renewal of a Class C or Class M driver license from $28to
$31*;
Increases the
fee for a duplicate driver license or name change application
from $22 to $25*;
Increases the
fee for an original or renewed firefighter equipment driver
license from $34 to $39;
Increases the
fee for a California Identification Card from $20 to $26;
Increases the
fee for a duplicate firefighter equipment driver license from $27
to $29;
Increases the
fee for an original Class A or B commercial driver license from
$64 to $66;
Increases the
fee for the renewal of a commercial driver license from $34 to
$39;
Increases the
fee for an original Class C commercial driver license from $34
to $39; and,
Increases the
fee for a duplicate commercial driver license from $27 to $29.*
Includes $1 CPI adjustment.
Operative
July 28,
2009.
Applicable
vehicle code sections follow;
21809.
(a) A person driving a vehicle on a freeway approaching a stationary authorized
emergency vehicle that is displaying emergency lights, or a stationary tow truck
that is displaying flashing amber warning lights, or a stationary marked
Department of Transportation vehicle that is displaying flashing amber warning
lights, shall approach with due caution and, before passing in a lane
immediately adjacent to the authorized emergency vehicle, or tow truck, or
Department of Transportation vehicle, absent other direction by a peace officer,
proceed to do one of the following; (1) Make a lane change into an available
lane not immediately adjacent to the authorized emergency vehicle, or tow truck,
or Department of Transportation vehicle, with due regard for safety and traffic
conditions, if practicable and not prohibited by law. (2) If the maneuver
described in paragraph (1) would be unsafe or impracticable, slow to a
reasonable and prudent speed that is safe for existing weather, road, and
vehicular or pedestrian traffic conditions.
27602.
(portion only)
(a) A person may not drive a motor vehicle if a television receiver, a video
monitor, or a television or video screen, or any other, similar means of
visually displaying a television broadcast or video signal that produces
entertainment or business applications, is operating and is located in the motor
vehicle at any point forward of the back of the driver's seat, or is operating
and the monitor, screen, or display is visible to the driver while driving the
motor vehicle. (B) Subdivision (a) does not apply to the following equipment
when installed in a vehicle: (1) A vehicle information display. (2) A global
positioning display. (3) A mapping display. (4) A visual display used to enhance
or supplement the driver's view forward, behind, or to the sides of a motor
vehicle. (5) A television receiver, video monitor, television or video screen,
or any other similar means of visually displaying a television broadcast or
video signal, if that equipment satisfies one of the following requirements: (A)
The equipment has an interlock device that, when the motor vehicle is driven,
disables the equipment for all uses except as a visual display as described in
paragraphs (1) to (4), inclusive. (B) The equipment is designed, operated, and
configured in a manner that prevents the driver of the motor vehicle from
viewing the television broadcast or video signal while operating the vehicle in
a safe and reasonable manner.
23700.
(portion only)
(a) Notwithstanding any other provision of law, the Department of Motor Vehicles
shall establish a pilot program in the Counties of Alameda, Los Angeles,
Sacramento, and Tulare to reduce the number of first-time violations and repeat
offenses of Sections 23152 and 23153, as follows: (1) The Department of Motor
Vehicles, upon receipt of the court's abstract conviction for a violation listed
in paragraph (7), shall inform the convicted person of the requirements of this
section including the term for which the person is required to have a certified
Ignition interlock device installed. The records of the department shall reflect
the mandatory use of the device for the term required and the time when the
device is required to be installed by this code. (2) The department shall advise
the person that installation of an Ignition interlock device on a vehicle does
not allow the person to drive without a valid driver's license. (3)
Before a driver's license may be issued, reissued, or returned to a person after
a suspension or revocation of that person's driving privilege that requires the
installation of an ignition interlock device, a person who is notified by the
Department pursuant to paragraph (1) shall complete all of the following: (A)
Arrange for each vehicle owned or operated by the person to be fitted with an
ignition interlock device by a certified ignition interlock device provider
under Section 13386. (B) Notify the department and provide to the department
proof of installation by submitting the "Verification of Installation" form
described in paragraph (2) of subdivision (G) of Section 13386. (C) Pay the
fee, determined by the Department, that is sufficient to cover the costs of
administration of this Section. (4) The department shall place a restriction on
the driver's license record of the convicted person that states the driver I
restricted to driving only vehicles equipped with a certified Ignition interlock
device. (5) (A) A person who is notified by the department pursuant to
paragraph (1) shall arrange for each vehicle with an ignition interlock device
to be serviced by the installer at least once every 60 days in order for the
installer to recalibrate and monitor the operation of the device. (B) The
installer shall notify the Department if the device is removed or indicates that
the person has attempted to remove, bypass, or tamper with the device, or if the
person fails three or more times to comply with any requirement for the
maintenance or calibration of the Ignition interlock device. (6) The department
shall monitor the installation and maintenance of the ignition interlock device
installed pursuant to paragraph (1). (7) A person is required to install an
ignition interlock device for the applicable term as a condition of being issued
a restricted driver's license, being reissued a driver's license, or having the
privilege to operate a motor vehicle reinstated subsequent to a conviction for a
violation or a suspension of a person's driver's license, as follows: (A) A
person convicted of a violation of Section 23152 shall be required to install an
ignition interlock device, as follows: (I) Upon a first offense, the person
shall install an ignition interlock device in all vehicles owned or operated by
that person for a mandatory term of five months. (ii) Upon a second offense,
the person shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 12 months. (iii) Upon a third
offense, the interlock device in all vehicles owned or operated by that person
for a mandatory term of 24 months. (iv) Upon a fourth offense or any subsequent
violation, the person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 36 months. (B) A
person convicted of a violation of Section 23153 shall install an ignition
interlock device, as follows: (I) Upon a first offense, the person shall
install an ignition interlock device in all vehicles owned or operated by that
person for a mandatory term of 12 months. (ii) Upon a second offense, the
person shall install an ignition interlock device in all vehicles owned or
operated by that person for a mandatory term of 24 months. (iii) Upon a third
offense, the person shall install an ignition interlock device in all vehicles
owned or operated by that person for a mandatory term of 36 months. (iv) Upon a
fourth offense or any subsequent violation, the person shall install an ignition
interlock device in all vehicles owned or operated by that person for a
mandatory term of 48 months. (C) The terms prescribed in this paragraph shall
begin once a person has provided to the department proof of installation
pursuant to paragraph (2) of subdivision (h) of Section 13386 and upon
restoration of the driving privilege pursuant to Section 13352.
21204.
(a) A person operating a bicycle upon a highway shall not ride other than upon
or astride a permanent and regular seat attached thereto., unless the bicycle
was designed by the manufacturer to be ridden without a seat. (B) An operator
shall not allow a person riding as a passenger, and a person shall not ride as a
passenger, on a bicycle upon a highway other than upon or astride a separate
seat attached thereto. If the passenger is four years of age or younger, or
weighs 40 pounds or less, the seat shall have adequate provision for retaining
the passenger in place and for protecting the passenger from the moving parts of
the bicycle.
241.5.
(a) When an assault is committed against a highway worker engaged in the
performance of his other duties and the person committing the offense knows or
reasonably should know that the victim is a highway worker engaged in the
performance of his or her duties, the offense shall be punishable by a fine not
to exceed two thousand dollars ($2,000) or by imprisonment in a county jail up
to one year or by both that fine and imprisonment. (B) As used in this section,
"highway worker" means an employee of the Department of Transportation, a
contractor or employee of a contractor while working under contract with the
Department of Transportation, an employee of a city, county, or city and county,
a contractor or employee of a contractor while working under contract with a
city, county, or city and county, or a volunteer as defined in Section 1720.4 of
the labor Code who does one or more of the following:(1) Performs maintenance,
repair, or construction of state highway or local street or road infrastructures
and associated rights-of-way in highway or local street or road work zones.
(2) Operates equipment on state highway or local street or road infrastructures
and associated rights-of-way in highway or local street or road work zones.
(3) Performs any related maintenance work, as required, on state highway or
local street or road infrastructures in highway or local street or road work
zones.
Rev 2/19/2010
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