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Industry Memorandum IM-08-04

Department of Motor Vehicles
Licensing Operations Division
Licensing Branch INDUSTRY MEMORANDUM December 10, 2004
IM-13-04 To: All Driving and Traffic Violator Schools Subject: NEW LEGISLATION The 2004 legislative session saw the introduction of numerous Senate and Assembly bills, many of which were successfully signed into law by the Governor. The new laws resulted in over 150 changes to the California Vehicle Code and most of the changes will become effective on January 1, 2005. The department has created a very brief synopsis of legislation that could possibly affect your business. If you determine that a new law could impact your business, it is recommended that you obtain the complete text of the bill to review the impending Vehicle Code amendment(s). Complete copies of bills may be obtained on the internet at http://www.leginfo.ca.gov, by contacting the Legislative Bill Room in the State Capitol at (916) 445-2323 or by writing to: California State Capitol
Room B-32
Sacramento, CA 95814
If you have any questions regarding this memorandum, please call Gary Winkelman at (916) 229-3154. MARY GARCIA, Manager
Licensing Branch RELEASE OF ACCIDENT REPORT INFORMATION Senate Bill (SB) 871, Chaptered 336, amends Vehicle Code (VC) ¡ì1810.3
Authorizes the Department of Motor Vehicles (DMV) to release specified accident information contained in police reports to private entities that meet specified criteria. INTERFERENCE WITH TRAFFIC DEVICES SB 1085, Chaptered 391, amends VC ¡ì42001 & ¡ì21464
Prohibits the purchase, possession, manufacture, installation and distribution of electronic devices for vehicles that are designed to interrupt, pre-empt or override traffic signal lights. FREEWAYS & RED FOG TAIL LAMPS SB 1233, Chaptered 615, amends numerous VC sections
Authorizes a county to post signs prohibiting pedestrians on county expressways under specified conditions.
Allows a vehicle to be equipped with not more than two red tail lamps mounted on the rear and lighted when atmospheric conditions reduce visibility to less than 500 feet. When only one lamp is installed, it shall be mounted as close as practical to the left side or on the center of the vehicle.

VEHICLES: LIGHTING EQUIPMENT SB 1236, Chaptered 198, amends ¡ì375, 25258, & 25950 and adds ¡ì24255 to the VC
Allows a vehicle to be equipped with a system to supplement the driver's visibility of the roadway to the front and rear of the vehicle during darkness. This device must emit radiation predominantly in the infrared region of the electromagnetic spectrum, and can include a monitor visible to the driver.
Prohibits a vehicle that is not an authorized emergency vehicle from being equipped with a device that emits any illumination or radiation that is designed or used for the purpose of controlling official traffic control signals.

FINANCIAL RESPONSIBILITY: INSUFFICIENTLY SB 1500, Chaptered 920, amends, repeals and adds to ¡ì4000.38 and adds ¡ì16058 to the VC
Makes it mandatory, rather than permissive, that DMV cancel the registration of a vehicle when a valid form of financial responsibility is not in effect. Prior to cancellation, DMV must allow the vehicle owner 45 days to show that coverage has been obtained. Requires DMV to notify residents of LA and San Francisco of the availability of low cost insurance in those counties. Provides that DMV may charge a reinstatement fee to cover the costs of reinstating the registration following a cancellation. ENGAGING IN A SPEED CONTEST SB 1541, Chaptered 595, amends VC ¡ì13352, & ¡ì23109
Requires the DMV to immediately suspend the driver's license of a person convicted of engaging in a speed contest upon receipt of an abstract of a court and may not reinstate the privilege until the person gives financial responsibility after the suspension period has expired.
Provides that person convicted of this section shall, in addition to other penalties, be required to perform 40 hours of community service. Also gives the court the option of not imposing the mandatory six month driving suspension.

DUI PENALTIES FOR PERSONS UNDER 21 YEARS OF AGE: DUI PROGRAM SB 1694, Chaptered 550, amends numerous VC sections
Substitutes the current seven year period with a ten year period for the purpose of imposing increased sanctions. RELEASE OF INFORMATION TO LAW ENFORCEMENT SB 1725, Chaptered 404, amends numerous section of the VC
Authorizes law enforcement agencies and local and state agencies responsible for parking enforcement to inquire against DMV records to confirm the eligibility of any person who displays disabled person or disabled veteran license plates and authorizes the establishment of local medical review boards to investigate and report any suspected cases of fraudulent use of these plates to the DMV. HEADLAMPS USAGE: INCLEMENT WEATHER Assembly Bill (AB) 1854, Chaptered 415, amends VC ¡ì24400
Provides that every motor vehicle, other than a motorcycle, be operated with headlamps whenever conditions prevent a driver from clearly discerning a person or other motor vehicle on the highway from a distance of 1000 ft, or when driving in conditions that require windshield wipers to be in continuous use. MOTOR SCOOTERS AB 1878, Chaptered 755, amends numerous VC sections
Prohibits a person from operating a motorized scooter unless that person has a valid class C driver's license or an instruction permit as specified. The bill additionally prohibits a person from altering or modifying the exhaust system of a motorized scooter in violation of specified noise restrictions and muffler requirements. OFFICIAL TRAFFIC CONTROL DEVICES AB 1951, Chaptered 203, amends VC ¡ì21461
Requires the operator of a motor vehicle to obey a sign or signal of a regulatory nature that is erected or maintained to enhance traffic safety or to carry out provisions of the VC or a local traffic ordinance. SEATBELTS: CHILD RESTRAINTS AB 2139, Chaptered 420, amends numerous VC sections
Requires car rental agencies to make available child passenger restraint systems that are certified by the manufacturer to meet federal motor vehicle safety standards for use by children weighing 60 pounds or less, are in good and safe condition, with no missing parts, and are not older than five years.
Provides that first offences under these sections are punishable by a fine of $100, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court the he or she is economically disadvantaged, and the court, instead, refers the defendant to a community education program.

EXCEEDING SPEED LIMIT AB 2237, Chaptered 300, amends VC ¡ì22348
Increases the fines for second and third offences for speeding in excess of 100 mph to $750 & $1000 respectively. HIGH-OCCUPANCY VEHICLE LANES AB 2628, Chaptered 725, amends VC ¡ì5205.5 & 21655.9
Authorizes specified low emission and hybrid vehicles to use the high occupancy vehicle lanes without the required number of passengers, pending federal approval. The vehicle must display a special decal, issued by the DMV. The DMV may issue no more that 75,000 decals and must stop issuing them if California Department of Transportation makes a specified determination with respect to traffic congestion after 50,000 decals have been issued. SCHOOL BUS AND TRANSIT VEHICLES AB 2785, Chaptered 505, amends VC ¡ì23125
Makes it illegal to drive a school bus or transit vehicle while operating a wireless telephone. MOTORCYCLES: HANDLEBARS AB 2844, Chaptered 280, amends VC ¡ì27801
Requires the handlebars of a motorcycle be positioned so that when the hands of the driver are upon the grips, the handlebars are no more than six inches above his or her shoulder height when sitting astride the seat. TRAFFIC SCHOOL ATTENDANCE AB 3049, Chaptered 952, amends numerous VC sections
Requires the provisions of VC ¡ì1808.3 or 42005 to be considered before the court could dismiss a complaint due to completing a traffic school course. DRIVER'S LICENSE APPLICATION SBX3-1, Chaptered 1, amends and repeals numerous VC sections
Requires an applicant for an original or renewed driver's license to include their social security number on the application.
Prohibits the DMV from accepting an application for a driver's license or identification card that contains, in lieu of the applicant's social security number, a federal individual taxpayer identification number or other identifier.
Requires an applicant for a driver's license or identification card to submit satisfactory proof, to the DMV, that the applicant's presence in the United States is authorized under federal law.
Makes obsolete the provision which requires an applicant for a driver's license that has submitted a federal taxpayer identification card, in lieu of a social security number, to also submit to the DMV proof of birth and other documents such as a Matricula counsular.


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