New Vehicle Laws for 2009
Dec 29th, 2008 by Steve Simmons
As is tradition with the Department of Motor Vehicles, each year we are presented with an assortment of new laws designed to simultaneously help and hinder our hobby. This year we are presented with more changes to the world-famous smog bill, which fortunately is still surviving in a way which leaves pre-1975 vehicles exempt. There will also be added restrictions on the use of cell phones while driving, namely text messaging.
In all, 1,187 bills were passed and 772 were signed into law, including over 80 changes to the Vehicle Code during the 2008 legislative year.
Following is an abbreviated summary of the new laws that will take effect Jan. 1, 2009. A more comprehensive list appears on the DMV Web site at www.dmv.ca.gov.
1) TRAFFIC SAFETY
*Text Messaging (SB 28/Simitian) This long overdue law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while operating a motor vehicle. Not that this will stop many people from doing it, but at least this is a step in the right direction.
*DUI Probation License Suspension (AB 1165 Maze) Under a new zero-tolerance law, any person caught driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation will have their driver’s license suspended for one year, and their vehicle impounded.
2) AIR QUALITY
*Temporary Operating Permits (AB2241/Saldana) This law restricts DMV from issuing temporary operating permits to allow more time to obtain a smog certificate as part of the registration renewal process. Under the law, extensions will cost $50 and are only allowed if the vehicle has been tested at a smog station and failed. The extension can be for no more than 60 days from the date registration is due. The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assistance Program (CAP).
*San Joaquin Valley Air Pollution Control District Fee (AB 2522/Arambula) In an effort to fund programs to reduce vehicle emissions, vehicle owners who register their vehicles in San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, and Tulare Counties and Valley portions of Kern County will be assessed an air quality fee of $6.
3) HOV Violations
*Counterfeit Clean Air Stickers (SB 1720/Lowenthal) This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.
4) OTHER
*New Special Interest Plate (SB 1455/Cogdill) A new “Gold Star Family” special interest license will be available to family members of individuals killed in the line of duty while serving in the Armed Forces during wartime or military operations.
*Motorcycle Definition (AB 2272/Fuentes) This new law changes the definition of a motorcycle, deleting the existing weight limitation of 1500 pounds. It also removes a separate definition for electrically-powered vehicles. This change in law will also allow drivers of fully-enclosed 3-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.
For further information on the California Vehicle Code, log on to the DMV website at www.dmv.ca.gov and click on the “Publications” button in the upper left hand corner of the home page. The DMV driver handbook is also on the web at the same location.