CHP warns motorists to be aware of these new laws

-- CHPDecember 27, 2012 

New rules that govern the California driving public, including driving under the influence laws, proof of insurance and air bags, will go in effect on Jan.1.

"The changes to California's traffic safety laws are designed to protect the motoring public," said California Highway Patrol Commissioner Joe Farrow. "Citizens are encouraged to familiarize themselves with these new laws in advance of the new year -- adhering to the rules of the road may save your life, or the lives of your fellow motorists."

The following are summaries of some of the new laws taking effect Jan.1.

Driving Under the Influence (AB 2020): The law no longer allows a person who has been arrested and is suspected of driving under the influence (DUI) of drugs, the option of a urine test. Prior to this change, a person had the option of submitting either urine or blood to determine the drug content of their blood.

Charter Passengers: Alcoholic beverages open containers (AB 45): This new law prohibits underage drinking in charter-party carriers (limos and buses) and makes the carrier and driver responsible for communicating this to their passengers. The law requires a designee, who is at least 25 years of age, to be present whenever there are passengers who are under 21 years of age on board the vehicle and alcohol is being transported. The designee shall be responsible for ensuring the rules are followed, and the safety of the underage passengers throughout the duration of the trip.

Electronic Wireless Communications (AB 1536): This law allows California drivers to use hands-free technology to talk and text while driving. This will require the use of a device that is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send or listen to a text-based communication.

Financial Responsibility and Insurance (AB 1708): Drivers will now have the option of providing proof of insurance and registration on an electronic device (smartphone or tablet), when it is requested by law enforcement.

High Occupancy Toll Lanes (AB 2405): This law creates the Choose Clean Cars Act, which allows cars with a Clean Air Vehicle sticker free access to carpool lanes that are converted to High Occupancy Toll (HOT) lanes.

Autonomous Vehicles (SB 1298): This new law allows driverless cars to be operated on public roads for testing purposes, provided that each vehicle has a fully licensed and bonded operator in the driver's seat to take control if necessary.

Emergency Services for Seniors (SB 1047): Similar to an AMBER Alert, the CHP would activate A "Silver Alert" upon request if a person, age 65 or older, is reported missing to a law enforcement agency.

Automated Traffic Enforcement Systems (SB 1303): This new law establishes consistency in the operations of red-light enforcement cameras throughout the state by requiring governmental agencies to follow specified guidelines regarding intersections, signage and the notice to appear.

License Plates: Obstruction or Alteration (AB 2489): This new law prevents the altering and positioning of license plates from its original markings and clarifies the penalty imposed for obscuring the readability of license plates.

Child Passenger Restraints (AB 1452): Hospitals, clinics and birthing centers will now be required to provide and discuss contact information regarding child safety seat requirements, installation and inspection to parents and caregivers upon discharge of a child, if the child is less than eight years of age.

There are also two new laws related to recreational off-highway vehicles. AB 1595 defines an off-highway motor vehicle to include a recreational off-highway vehicle (ROV) and establishes additional requirements governing its safe operation. The other law (AB 1266), which goes into effect July 1, 2013, prohibits a passenger in an ROV from riding in a seat location not designed and provided by the manufacturer. It also prohibits operation of the ROV if the passenger is not seated with both feet on the floorboard and able to grab the occupant handhold with the seat belt and shoulder belt or safety harness fastened.

Inflatable Restraint Systems (AB 1854): This law makes it illegal for a person to knowingly distribute or sell a previously deployed air bag or component that will no longer meet the original equipment form, function or proper operation.

Driving Under the Influence: Alcoholic Beverage or Drug (AB 2552): Although this change in the law does not take effect until Jan. 1, 2014, it distinguishes whether an individual was arrested for driving under the influence of alcohol or drugs. Ultimately this change, singling out drugs with its own subsection in the Vehicle Code, will make it easier to track the prevalence of drugged driving in California. This new law, coupled with the efforts requiring the use of Ignition Interlock Devices, will help reduce impaired driving throughout California.

These points are only a synopsis of some of the new laws adopted. For complete information on chaptered bills enacted in 2012, refer to the Legislative Counsel website at

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