New Laws for 2008 – Driver License

Unless otherwise indicated, these new laws become effective on January 1, 2008.

Driving Under the Influence Repeated Offense — Operative January 1, 2009

Amend and Add: Vehicle Code §§13353.1, 13353.2, 22651, 42009, 422010 13389, and 23154 (AB 1165 Chapter 749)

• Makes it unlawful for a person who is on probation for a driving-under-the-influence offense to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater.
• Imposes an admin per se driver license suspension on persons found to violate this prohibition.

Medical Examination for Special Certificates

Amend: Vehicle code §12517.2 (AB 139 Chapter 158)

• Authorizes the medical examination for an original or renewal certificate to drive a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle to be given by a licensed, advanced practice, registered nurse qualified to perform a medical examination or by a licensed physician assistant.

Reporting Abstract of Record of Court

Amend, Repeal and Add: Vehicle Code §1803 (AB 421 Chapter 746)

• Reduces the time in which the clerk of a court is required to forward to DMV an abstract of the record of the court from 10 to 5 days after conviction or sentencing.

Required Declaration on an Original or Renewal Application for a Driver License — Operative July 1, 2008

Add: Vehicle Code §13385 (AB 808 Chapter 748)

• Requires an applicant as a condition of obtaining or renewing a driver’s license to sign a declaration acknowledging that a driver may be charged with murder if a person is killed as a result of driving under the influence.

Smoking in Vehicles With Minor Passengers

Add: Health and Safety Code Article 2.5 to chapter 4 of Part 15 of Division 104. Amend: Vehicle Code §12814.6 (SB 7 Chapter 425)

• Makes it an infraction punishable by a fine not exceeding one hundred dollars ($100) for a person to smoke a pipe, cigar, or cigarette in a motor vehicle any time a minor is present in the vehicle.

Speed Contests and Reckless Driving

Amend: Vehicle Code §§11110, 11215, 12810, 13201, 13351, 13352, 14601, 21051, 23103, 23104, 40800, 40804, 41610, 42008.5, 42009, and 42010 (AB 430 Chapter 682)

• Includes reckless driving on a highway, reckless driving in an off-street parking facility, or exhibition of speed on a highway within the scope of various other existing statutes.

Traffic Violations Adjudication

Amend: Penal Code §1203.4 Vehicle Code §§40501, 41501, and 42005 (AB 645 Chapter 161)

• Prohibits the courts from dismissing serious traffic violations through completion of a traffic violator school program or any other court-approved program for safe driving. Serious traffic violations are those that would result in the assessment of two negligent operator points.

Transit Buses Right-of-Way Sign

Add: Vehicle Code §24617 (AB 1492 Chapter 451)

• If approved by the Santa Cruz Metropolitan Transit District and the Santa Clara Valley Transportation Authority, this would:
  • Authorize a transit bus to be equipped with a specified yield right-of-way sign on the left rear of the bus.
  • Require motorists to yield to a transit bus when the sign is activated.

Wireless Telephones and Mobile Service Devices — Operative July 1, 2008

Amend and Add: Vehicle code §§12810.3, 23123, and 23124 (SB 33 Chapter 214)

• Prohibits a person under the age of 18 from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device, as defined.