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Several new laws designed to help strengthen existing DUI laws
January 4, 2009 (Sacramento) — With a new year on the
horizon, the California Highway Patrol (CHP) wants to remind motorists of a
handful of new laws, passed by the Legislature and signed by Governor Schwarzenegger,
that go into effect in 2009.
"The overall safety of the motoring public is our primary concern," says
CHP Commissioner Joe Farrow. "Not only will these new laws enhance a motorist's
safety, many of them are a step toward ridding the roadways of drunk drivers
and the tragedy they cause."
Below are the major changes to driving regulations and vehicle equipment.
Texting While Driving (SB 28, Simitian) This new law makes it an infraction
to write, send, or read text-based communication on an electronic wireless
communications device, such as a cell phone, while driving a motor vehicle.
Previously this was only illegal for individuals under 18 years of age, but
now has been expanded to all drivers.
Driving Under the Influence (DUI) Zero Tolerance (AB 1165, Maze) This new
law prohibits a convicted DUI offender from operating a motor vehicle with
a blood alcohol level (BAC) of .01 percent or greater while on probation for
DUI. The law requires the driver to submit to a Preliminary Alcohol Screening
(PAS) test, a portable breath test to determine the presence of alcohol. If
the driver refuses, or if the driver submits and has a BAC of .01 or greater,
a citation will be issued, the driver's license will be taken and driving privileges
will be suspended. In addition, the vehicle will be impounded.
Ignition Interlock Devices (IID) (SB 1190, Oropeza) This new law reduces the
BAC from .20 percent to .15 percent or more at the time of arrest to trigger
a requirement for the court to give heightened consideration for the installation
of an IID for a first-time offender convicted of DUI of an alcoholic beverage.
Ignition Interlock Devices (SB 1388, Torlakson) Effective July 2009, this
new law transfers authority for the administration of mandatory IID programs
from the state courts to the Department of Motor Vehicles (DMV). This law also
authorizes the DMV to require any driver convicted of driving with a suspended
license due to a prior conviction for DUI to install an IID in any vehicle
that the offender owns or operates.
Alcohol-Related Reckless Driving (AB 2802, Houston) This new law requires
the court to order a person convicted of alcohol-related reckless driving to
participate in a licensed DUI program for at least nine months, if that person
has a prior conviction for alcohol-related reckless driving or DUI within ten
years. Additionally, the court is required to revoke the person's probation
for the failure to enroll in, participate in, or complete a licensed DUI program.
Global Positioning Systems (GPS) (SB 1567, Oropeza) This new law allows a
portable GPS device to be mounted in a 7-inch square in the lower corner of
the windshield on the passenger side of the vehicle, or in a 5-inch square
in the lower corner of the windshield on the driver's side. These are the only
two locations on a windshield where a GPS device can be mounted. The GPS device
can only be used for navigational purposes while the motor vehicle is being
operated, and it is required to be mounted outside of an airbag deployment
zone.
Motorcycles (AB 2272, Fuentes) This new law changes the definition of a motorcycle
by deleting the weight limitation and deleting the separate definition for
electrically powered motorcycles. The law will now allow fully enclosed, three-wheeled
vehicles to have access to high-occupancy vehicle (HOV) lanes regardless of
occupancy.
Clean Air Stickers: Misuse and Penalties (SB 1720, Lowenthal) This new law
makes it an infraction for anyone who forges, counterfeits, falsifies, passes,
or attempts to pass, acquire possess, sell, or offer for sale a genuine or
counterfeit "Clean Air Sticker."
911 Telephone System Abuse (AB 1976, Benoit) This new law increases the penalties
for any person who knowingly uses, or allows the use of, the 911 telephone
system for any reason other than an emergency. Those who misuse, or allow the
misuse of, the 911 telephone system are guilty of an infraction, and subject
to either a written warning or a fine.
Special License Plates (AB 190, Bass) This new law, when approved by local
authorities, allows veterans whose vehicles display plates honoring Pearl Harbor
Survivors, Legion of Valor recipients, former American Prisoners of War, Congressional
Medal of Honor recipients, or Purple Heart recipients to park their vehicles
that weigh not more than 6,000 pounds gross weight, without charge, in any
metered parking space.
Studded Pneumatic Tires (AB 1971, Portantino) This new law allows the use
of pneumatic tires with retractable metal-type studs, year round, as long as
the studs are retracted between May 1 through October 31. However, the law
prohibits a tire with retractable metal-type studs on a vehicle from being
worn to a point that the metal-type studs protrude beyond the tire tread when
retracted.
Spilling Cargo Loads (AB 2714, Keene) This new law eases restrictions on cargo
loads of straw or hay to allow individual pieces that do not pose a threat
to life or property, to escape from bales of straw or hay that are being transported
by a vehicle upon a highway, so long as those bales are loaded and secured
according to federal regulations.
Assault on Highway Workers (SB 1509, Lowenthal) This new law provides an increased
penalty for assault and battery crimes committed against Caltrans highway workers
who are engaged in the performance of their duties.
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