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Old 01-07-2011, 12:31 AM   #1
Orange Krate
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2011 California Laws New!!!


2011 New Vehicle Code & Related Laws

This bulletin summarizes the new vehicle code laws that were signed into law in the 2010 legislative session. There were fewer vehicle code laws this year because the legislature was primarily working on the budget issues.

Effective 2011

1/1/2011

High-Occupancy Vehicle Lanes

Section 5205.5 VC amended: This new law extends, until January 1, 2015, the sunset date that allows super ultra-low emission vehicles (SULEVs), federal classified inherently low-emission vehicles (ILEVs), and specified ultra-low emission vehicles (ULEVs), regardless of the number of occupants, to use high occupancy vehicle (HOV) lanes if the vehicle displays a valid “Clean Air” decal issued by the Department of Motor Vehicles (DMV). Advanced technology partial zero-emission vehicles (ATPZEVs) and hybrid vehicles that were produced during the 2004 model-year or earlier that had a 45 mile-per-gallon or greater fuel economy and met California’s ULEV, SULEV, or partial zero-emission vehicle (PZEV) standards will no longer be eligible to utilize HOV lanes with single occupant drivers beginning January 1, 2011. Additionally, this new law makes the crime of displaying a “Clean Air” decal on a vehicle to which it was not issued, an infraction instead of a misdemeanor.

Hybrids w/ Yellow Clean Air Access stickers valid until July 1, 2011

Vehicles w/ White Clean Air Access stickers valid until January 1, 2015

New Stickers for (AT PZEV) will be valid from January 1, 2012 – January 1, 2015

o 40,000 limit

o Color to be determined by DMV

A list of eligible vehicles can be found on the Air Resource’s Board Website under Carpooling at: www.arb.ca.gov <http://www.arb.ca.gov/>

1/1/2011

Utility Trailer Definition

Section 667 VC added to define a “utility trailer” as a trailer or semi-trailer used solely for the transportation of the user’s personal property.

- Not used in commerce

- Gross Vehicle Weight Rating under 10,000 pounds

- Also includes trailers designed for transporting livestock

1/1/2011

Television or Video Displays

Amends 26708 VC: Defines a video event recorder as a video recorder that continuously records in a digital loop, recording audio, video, and G-force levels, but saves video only when triggered by an unusual motion or crash or when operated by the driver to monitor driver performance.

Allows a video event recorder to be mounted in a:

* 7-inch square in the lower corner of a vehicle windshield farthest from the driver
* 5-inch square in the lower corner of the windshield nearest the driver and outside of an airbag deployment zone
* 5-inch square mounted to the center uppermost portion of the interior of the windshield

There are other requirements, but too long to include.

1/1/2011

Neighborhood Electric Vehicles

Section 1966 Street & Highway Code (SHC) was added to state it is the intent of the Legislature, in enacting this chapter, to authorize the County of Amador and the Cities of Jackson, Sutter Creek, and Amador City to establish a NEV transportation plan. The purpose of this NEV transportation plan is to further the vision of creating a sustainable development that reduces gasoline demand and vehicle emissions by offering a cleaner, more economical means of local transportation within the plan area.

What is a NEV?:

Section 385.5 VC

A Low Speed Vehicle (LSV/NEV) that meets all of the following:

* Has four wheels
* Can attain a speed, in one mile, of between 20-25 mph, on a paved level surface
* Has a gross vehicle weight of less than 3,000 pounds
* NOT a golf cart

Must also meet all the federal equipment requirements.

1/1/2011

License Mounting

Section 5201 VC amended to require license plates to be mounted parallel to the ground so the characters are upright and display from left to right.

1/1/2011

Commercial Driver’s License: Suspension or Revocation

Amends Section 13557 VC: Adds as one of the specified facts to ensure that a DL suspension cannot be overturned at a DMV APS hearing that either:

* The person was driving a commercial vehicle with a BAC of at least 0.04 percent
* The person on probation for a DUI violation was found to have been driving with a BAC of 0.01 or more

This new law was needed to:

* To clarify that the DMV shall uphold a suspension of a DL when a person is found to be driving either with a BAC of 0.04 percent while driving a commercial vehicle or driving with a BAC of 0.01 percent or more while on probation for DUI
* Other sections in the Vehicle Code make it clear that a person's DL is to be suspended under these circumstances, but the provision dealing with DMV's administrative hearings do not specifically reference them because of drafting errors

1/1/2011

Underage Drinkers:

Immunity From Prosecution

Adds Section 25667 Business & Professional Code (BP): A person under the age of 21 shall be immune from prosecution for possession or consumption of an alcoholic beverage where that person reports an alcohol-related medical emergency concerning himself or herself or another person.

This new law would grant immunity from prosecution to any person under the age of 21 years who knowingly possesses or consumes alcohol when all of the following occurred:

* The underage person called 911 and reported that either himself or herself or another person was in need of medical assistance due to alcohol consumption
* The underage person was the first person to make the 911 report
* The underage person who reported that another person was in need of medical assistance, remained on the scene with the other person until medical assistance arrived
* The underage person cooperated with medical assistance and law enforcement personnel on the scene

This law will not provide immunity from criminal prosecution for any offense that involves activities made dangerous by the consumption of alcoholic beverages.

1/1/2011

Motorcycle: Instruction Permit

Section 12509.5 VC was added to require the following:

* Person under 21 years of age must obtain and hold, for six months, an instruction permit prior to applying for a class M1 or M2 endorsement to operate a two-wheel motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, moped, or bicycle with an attached motor
* Person between the ages of 15 ½ years of age and 18 years of age must have a valid class C Driver License or complete driver education and training, successfully complete a motorcycle safety course administered by the CHP, and pass the motorcycle driver’s written exam in order to obtain an instruction permit

1/1/2011

Marijuana:

Possession

Section 11357 Health & Safety (HS) was amended to reclassify an offense for the possession of not more than 28.5 grams of marijuana as an infraction as opposed to the current misdemeanor offense.

1/1/2011

Parking Violations

Adds Section 40247 VC: Authorizes a local public agency to use automated parking enforcement systems on street sweepers for the purpose of digitally photographing street-sweeping parking violations for vehicles that are parked during the designated hours of operation in a street-sweeping parking lane.

The city and county of San Francisco already have these units on the transit buses for cars parked illegally in transit-only traffic lanes.

1/1/2011

Electronic Toll Collection Mechanisms: Personal Data

This new law prohibits transportation agencies (TAs) from selling or disseminating personal information about individuals who subscribe to electronic toll or fare payment systems. It also requires TAs to establish a privacy policy regarding the collection and use of personally-identifiable information (PII) and to provide subscribers with a copy of the privacy policy.. This new law allows a TA to release the PII of a person to a law enforcement agency under specified circumstances. It also authorizes a person whose PII has been sold or provided in violation of the provisions of this law to bring legal action for recovery of damages, costs, and attorney fees.

1/1/2011

Disabled person: Placard

Section 22511.55 VC amended to allow a disabled person or disabled veteran may display their distinguishing placard on a clip installed by the vehicles manufacturer on the driver’s side of the front windshield.

Current law requires hanging from rearview mirror or laying on dashboard

1/1/2011

License Mounting

Section 5201 VC amended to require license plates to be mounted parallel to the ground so the characters are upright and display from left to right.

7/1/2011

Local Authority: Assessing Penalties

Section 21 VC amended to include: A local authority shall not enact or enforce any ordinance or resolution on the matters covered by the Vehicle Code, including ordinances or resolutions that establish regulations or procedures for, or assess a fine, penalty, assessment, or fee for a violation of, matters covered by the Vehicle Code, unless expressly authorized by the Vehicle Code.

Local counties were enacting ordinances so law enforcement could write Administrative Citations for moving violations which the counties get to keep the fines. However, the violation is never reported to DMV. DMV would have no way of knowing what drivers could be considered Negligent Drivers or for other tracking purposes.

Effective 2012

1/1/2012

Driving Under the Influence (DUI): Repeat Offenders

Adds Section 23579 VC:

* Authorizes the court to order a 10-year revocation of a DL if a person has been convicted of three or more DUIs.

* Allows a person to apply for DL reinstatement with the DMV after 5 years if the person installs an IID in their vehicle.
* DMV can terminate restriction if IID requirements are not met.

Ignition Interlock Devices (IID)

Effective 2013

1/1/2013

Motorcycle Exhaust Systems

Section 27202.1 VC added to state, notwithstanding any other law, a person must not park, use, or operate any motorcycle manufactured on or after January 1, 2013, registered in California, which does not bear the required applicable federal EPA exhaust system label pursuant to federal regulations.

HUGE California Traffic Tickets Fines California State
Effective 01/06/2011
Effective immediately, if you do not stop at the red light, be ready to pay $436 in fines or if you pass a school bus with flashing red signals, you will be charged $616. Just for your info, the next time you park in the handicapped zone, even for a minute, you will be looking at almost $ 1000 in parking tickets , so it'd better be worth it.

Traffic Ticket Fines (Effective 01/06/2011)

VC 12814.6 $214 Failure to obey license provisions.
VC 14600(A) $214 Failure to notify DMV of address change within 10 days
Note: The fine may be reduced with valid proof of correction.

VC 16028(A) $796 Failure to provide evidence of financial responsibility (insurance)
Note: This fine may be reduced with proof of insurance on or after the violation date.
VC 21453(A) $436 Failure to stop at a red signal.
VC 22349 $214 Unsafe speed, 1 to 15 miles over the limit.
VC 22350 $328 Unsafe speed, 16 to 25 miles over the limit.
VC 22450 $214 Failure to stop at a stop sign.
VC 22454(A) $616 Passing a school bus with flashing red signals.
VC 23123(A) $148 Driving while using a wireless phone not hands free, first offense .
I know someone who got this and it ending up being $274
VC 23123(B) $256 Driving while using a wireless phone not hands free, each subsequent offense.
VC 23123.5 $148 Driving while using a wireless device to send, read or write text.
VC 23124 $148 Minor driving while using a wireless phone.
VC 22500 $976 Parking in a bus loading area.
VC 22507(A) $976 Violation of disabled parking provisions, first offense.
VC 22507(B) $1876 Violation of disabled parking provisions, second offense.
VC 26708 $178 Unlawful material on vehicle windows.
VC 27150 $178 Adequate muffler required.
VC 27315 $148 Mandatory use of seat belts.
VC 27360 $436 Mandatory use of passenger child restraints.
Note: This fine may be reduced by completing a court authorized child seat diversion program ..
VC 27400 $178 Headsets or Earplugs covering both ears.
VC 27803 $178 Violation of motorcycle safety helmet requirements.
VC 34506 $616 Commercial Driver - Log book violation.
VC 4000 $256 No evidence of current registration.
Note: The fine may be reduced with valid proof of correction.
VC 4159 $178 Notify DMV of change of address within 10 days.
Note: The fine may be reduced with valid proof of correction.
VC 5200 $178 Proper display of license plates.
Note: The fine may be reduced with valid proof of correction.
VC 9400 $178 Commercial weight fees due.

Note: The fine may be reduced with valid proof of correction
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Old 01-07-2011, 12:53 AM   #2
Silver2SSRS6spd
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Ouch, thanks for posting.
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Old 01-07-2011, 12:58 AM   #3
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Can you sum this up for me haha I don't want to read it lol
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Old 01-07-2011, 01:03 AM   #4
Silver2SSRS6spd
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Don't take your car out of your garage in California and keep less than 25 grams of pot on you at any given time.
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Old 01-07-2011, 01:11 AM   #5
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Quote:
Originally Posted by Silver2SSRS6spd View Post
Don't take your car out of your garage in California and keep less than 25 grams of pot on you at any given time.
Is Crack and Heroin still okay?
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Old 01-07-2011, 01:30 AM   #6
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Originally Posted by WiccaJew View Post
Is Crack and Heroin still okay?
only if you share
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Old 01-07-2011, 03:03 AM   #7
LostInMoscow
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Wow, the Peoples' Republic of California rears it's ugly head once again.
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Old 01-07-2011, 06:02 AM   #8
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More reason never to go to California.
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Old 01-07-2011, 09:09 AM   #9
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And yet they wonder why they are bankrupt and losing population to conservative States like Texas.
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Old 01-07-2011, 09:16 AM   #10
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Shouldn't this be in the Regional forums section under CA. I could care less what new thing CA is doing to screw up there state.
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Old 01-07-2011, 09:45 AM   #11
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And yet they wonder why they are bankrupt and losing population to conservative States like Texas.
Yup, to be perfectly honest atleast here in Austin, things incomparison to the rest of the nation has not been that bad. Texas FTW.
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Old 01-07-2011, 10:49 AM   #12
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I like the "call 911" if you are drunk minor and involved in an accident that needs medical attention. Immuninty from prosecution - WOW!

The old law would give you immunity if you were say, STREET RACING and had a crash. You could just crack a beer and call 911 and they could not arrest you for anything. New law does away with the extra immunity stuff but still, that is a forward thinking rule if you ask me.

-Mark.
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Old 01-07-2011, 11:46 AM   #13
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The underage drinking law is a good law...multiple times when i was underage somone would get hurt when drinking and no one would call the police because fear of getting into trouble. Surprised California did something I agree with...
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Old 01-07-2011, 11:51 AM   #14
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Wow, must suck to live in California.
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