2008
07.05

Restricted Cell Phone Usage

Here’s a rundown of the new traffic laws for 2008. Some of them went into effect way back on January 1, but some of them didn’t start until July 1. Hit the jump for the rest of the post.

Hands-free Calling While Operating a Vehicle : Bust out your fancy Bluetooth system and integrate it with your cell phone, buddy! No more hands-full calls will be allowed. Here’s a clip from the LA Times

A predictable effect of the new law could be in civil cases, in which juries have already returned huge verdicts involving cellphone use. In 2003, a Palmdale jury stunned the legal community with a $7.3-million verdict in a nonfatal case brought by a motorist who was struck by a teenager who was allegedly talking on a cellphone. The case was later settled, reportedly for about $6 million.

Of course if you’re in an emergency, you don’t have to buy a headset before you can make your phone call. The law allows for emergency calls to be made free of penalty. Consequence: 1st offense: $20 fine; 2nd offense and beyond: $50 fine. Keep in mind fines and penalties will also be added on. While a $20 base charge might seem small, total charges can escalate past $150 for a each offense thereafter.

No Cellular Phones for Under 18 (California Vehicle Code Section 23124): Teenagers can still use cellular phones, just not while driving. Minors are prohibited from using any mobile communications device while operating a vehicle. Using a hands-free device still violates this penal code. Best way to combat usage is to turn off the phone, put it on silent, or just not bring it. Consequence: Same as hands-free call violation for adults.

Street Racing (California Vehicle Code Section 23109.2): With gas so expensive these days, drag racing sure isn’t pocket-friendly. The next time you’ve got the urge for some fast and furious fun in your Nissan GT-R or Ford GT, please rent yourself Grand Turismo or Mario Kart. If arrested, your vehicle can be impounded for up to 30 days. Good luck getting to work if you don’t already carpool or take the bus. The same goes for reckless driving. Keep in mind there may be a speeding ticket assessed to your citation as well. Ouch. Hope it’s not in a school zone (see below) while you’re on a cell phone (see above). If the driver isn’t the vehicle’s registered owner, the owner can reclaim the vehicle provided he or she was not a passenger or aware of the prohibited activities. Consequence: Car impounded for up to 30 days.

Traffic School Admissions (Penal Code Section 1203.4; California Vehicle Code Sections 40501, 41501, and 42005): It was bad enough you got rejected from colleges when you were a senior in high school. How about getting rejected from traffic school? Many drivers attend driving school whenever possible to eliminate points from traffic violations, but this new set of codes denies 2-point violators to get away this easy. Driving under the influence, a hit-and-run collision, drag racing (see above), evading a law enforcement officer, and vehicular manslaughter should not be erasable from your record. You are the driver that your record reflects. Do you know anyone who’s never gone even one mile over the speed limit? Didn’t think so. That’s why speeding tickets can be eliminated. Have you ever not cared about a friend’s DUI? Didn’t think so either. Consequence: Points will be added to your record. 4 points in 12 months means 0 drivers license! Increased insurance premiums are coming your way too!

Consumer Protection (Vehicle Code §§11604, 11703, 11705, 4456.3, and Chapter 11 to Div. 5 (SB 729 chapter 437)): If you somehow lost money due to the closing of an auto dealership that relates to your registered vehicle, sunny California has got your back. The created Consumer Motor Vehicle Recovery Corporation has $5M to hand out to soften the blow to your bank account. In addition, all dealerships must submit a $1 fee to the DMV for each vehicle sold or leased and may not charge its customers to cover this cost. Consequence: If you own an auto dealership, prepare to pay $1 to the loving DMV for each vehicle you sell. Good luck covering costs.

New License of Renewed License Disclaimer (Vehicle Code §13385 (AB 808 Chapter 748)): Everyone reading this post is going to have to renew his or her driver’s license eventually. As of July 1, all applications come with a small note that you have to sign to obtain your renewed/new license. Basically it says you understand that you can be charged with murder if you kill someone while driving. There’s always been vehicular manslaughter, but being charged with murder is a few levels up. Nothing much you can do about this law that you aren’t already doing. Stay safe and always be alert. Consequence: You can be charged with murder if you annihilate someone with your Toyota Camry.

No Smoking

Automotive Smoking Restriction (California Vehicle Code Section 12814.6): Everyone knows second-hand smoke is nothing but bad news. In order to protect our children, California legislation has passed this new law that prohibits passengers from smoking in vehicles that are holding minors. Little Bobby and Uncle Sam could be having a heart-to-heart in his top-down convertible in the school parking lot, but Uncle Sam had better not be puffing a cigar. Consequence: Fine up to $100, which is a lot of packs of cigarettes.

No License Plate Blocking (California Vehicle Code Section 5201, 5201.1): This one began on January 1, but knowledge is power, so here it is! No one likes getting traffic tickets, and it is well known that police equipment often use laser or radar signals that bounce off the license plate (or any other reflective surface) of your vehicle. Some folks have countered this strategy by buying anti-reflectors that render such technology useless. We all know the police love getting you for going 30 in a 25 zone, so CA legislatures have ruled it illegal to mount or distribute a product that blocks the reading of a license plate. Darn! And to think we had a simple solution to beating the law on this one. Consequence: Mounting one of these on your ride will cost you $146, and dealing them will cost you $250.

Slow for the School Zone

School Zone Speed Reduction (California Vehicle Code Section 22358.4): When kids are going to school or coming out of it, surrounding sidewalks and cross sections can be flooded with youngsters. Residential areas already carry a modest 25mph speed limit, but this new regulation allows local communities to implement a 15mph speed limit within 500 feet of a campus. If there are kids around, you should be driving slowly anyway. You never know when your path of travel will be interrupted by a rolling ball and the kid chasing after it. Consequence: Your usual speeding ticket fine for a school zone, except you’ve got to stay under 15mph. Expect an increase in insurance premiums, a possible court appearance, and the usual hassle that you want to avoid.


I hope this summary of the new laws for 2008 comes in handy. There are a few more laws I didn’t touch upon. New laws for 2009 don’t look nearly as interesting, but we’ll take a look when January 09 rolls around. Thank you for your time!

-EdEdSu

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