Some people believe if they do not wear their seatbelts, they will be ejected from the car in a collision reducing their chances of injury or death. What they do not realize is there is greater chance of being killed if you are ejected. Nationally, in 1995, only 2% of restrained passenger vehicle occupants were ejected compared to 25% of unrestrained occupants. Seventy-five percent of the occupants ejected in traffic collisions were killed. In fact, when a seatbelt is properly worn, the risk of a fatal injury to a front seat passenger is reduced 45%. The risk of a moderate to critical injury is reduced 50%.
Airbags also help to prevent injuries. Airbags should always be used as a supplement to a seatbelt. Disconnecting an airbag system reduces your chances for survival.
Whether you are going on a long vacation drive, or around the corner to the grocery store, wear your seatbelt.
Why take an unnecessary risk by not wearing your seatbelt? Just don't wear your seatbelt because it's the law, do it for yourself and your family. The Georgia State Paramedics Against Drunk Drivers authored the following:
Do you know what happens in the first fatal second after a car going 55 mph hits a solid object?
In the first 10th of a second, the front bumper and grille collapse.
The second 10th finds the hood crumbling, rising and striking the windshield as the spinning rear wheels lift from the ground. Simultaneously, fenders begin wrapping themselves around the solid object. Although the car's frame has been halted, the rest of the car IS STILL GOING 55 MPH. Instinct causes the driver to stiffen his legs against the crash, and they snap at the knee joint.
During the third 10th of the second, the steering wheel starts to disintegrate and the steering column aims for the driver's chest.
The fourth 10th of the second finds two feet of the car's front end wrecked, while the rear end still moves at 35 mph. The driver's body is still traveling at 55 mph.
In the fifth 10th of a second, the driver is impaled on the steering column, and blood rushes into his lungs.
The sixth 10th of a second, the impact has built up to the point that the driver's feet are ripped out of the tightly laced shoes. The brake pedal breaks off. The car frame buckles in the middle. The driver's head smashes into the windshield as the rear wheels, still spinning, fall back to earth.
In the seventh 10th of the second, hinges rip loose, doors fly open and the seats break free, striking the driver from behind.
The seat striking the driver does not bother him because HE IS ALREADY DEAD. The last three 10ths of the second mean NOTHING to the driver.
CHILD SAFETY SEATS
BASIC CAR SEAT INFORMATION
Four out of five car seats are not installed TY SEATS correctly. Without a snug, tight fit, the car seat cannot provide full protection during a collision. The result may be fatal, even at speeds as low as 30 miles per hour.
Installing the Car Seat
Before installation, check your car owner's manual as well as the instructions that come with the car seat. Your owner's manual will indicate the best location for the car seat. It will also identify what type of seat belt restraint system your car has and whether a locking clip is necessary. Install it per the car seat manufacturer's instructions. After installation, test the seat. Pull it as hard as you can sideways and from front to back. It should be rigid. If there is more than one inch of "give", the car seat is not safely installed.
Other Important Do's and Don'ts
Do not put blankets or pillows between your child and the seat.
Buy one car seat for each car. Once it's installed correctly, why move it?
Complete the warranty card.
Never buy a used seat.
For More Information:
These web sites can be trusted to provide updated and concise information about Child Passenger Seats. Check them regularly for updates!
http://www.nhtsa.dot.gov/people/injury/childps/
http://www.carseat.org/
http://www.safetyalerts.com/rcls/category/seat.htm
DUI BILLING - FAQ'S
1. Why am I being billed by the City of Vista for my DUI arrest if I was involved in a collision?
Section 53150 of the California Government Code states: "Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident."
2. Who must pay for the emergency response?
Section 53154 of the California Government Code states: "The expense of an emergency response shall be a charge against the person liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expense provided for in this article shall not be insurable and NO insurance policy shall provide or pay for the expenses."
3. How long do I have to make payment?
The emergency response, once billed, is collectible within 30 days. Late fees and penalties are due upon expiration of the 30 days for non-payment. In addition, after 90 days the billing is referred to a collection agency and may impact the responsible party's credit history.
IMPOUNDED VEHICLES - NOTICE OF HEARING RIGHTS
PURPOSE OF HEARING. As a vehicle owner or other person entitled to possession of an impounded vehicle, you have the right to a hearing if you believe your vehicle should not have been impounded. The purpose of the hearing is to determine whether there was probable cause to impound the vehicle, that is, whether the impounding officer was legally authorized to remove your vehicle.
WHEN AND WHERE HEARING WILL BE HELD. The hearing will be held within forty-eight (48) hours of the request, excluding weekends and holidays. The hearing will consist of a meeting with a hearing officer at the Vista Sheriff's Station. You may present any evidence you believe will show that your vehicle should not have been impounded. You must establish that you are the owner of the vehicle or that you have some other right to possession of it.
CONDUCT OF THE HEARING. If the Hearing Officer determines that the vehicle was properly impounded, you must pay the impound and storage charges to the Tow Company or the garage may place a lien on the vehicle.
HOW TO REQUEST A HEARING. Request must be done within ten (10) business days of the date of mailing of the "Notice of Stored Vehicle". Failure to request a hearing within ten (10) days of the notice, or failure to attend a scheduled hearing will end your right to a hearing.
(1) Telephone the Traffic Division at (760) 940-4556 during normal business hours.
(2) Write or call the Vista Sheriff's Station for an appointment to schedule a hearing or for the release of your vehicle
IF YOUR VEHICLE WAS IMPOUNDED/STORED FOR SUSPENDED, REVOKED OR UNLICENSED DRIVER:
California Vehicle Code Section 14602.6 (b):
The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of, or consider any mitigating circumstances attendant to the storage, in accordance with Section 22852.
California Vehicle Code Section 22852:
You might have the right to a hearing to determine the legality of this storage. If you choose to contest the legality of this storage, you must request the hearing in writing, in person or by telephone. The vehicle storage hearing is an informal process to determine whether or not a vehicle has been stored legally.
Note: It may also be necessary to have a Sheriff's Release for other registration or driver's license violations or to remove personal property from a stored vehicle. Please make an appointment by calling the Traffic Division at (760) 940-4556.
RESULTS OF HEARING: The time within which to file a judicial challenge of the Hearing Officer's decision is governed by section 1094.6 of the California Code of Civil Procedure.
MOTORIZED SCOOTERS
The new law on motorized scooters, which went into effect on January 1, 2000. The operation of motorized scooters is codified in the California Vehicle Code, Article 5, sections 21220 -23330. The following is a synopsis of the new law.
Definition of a motor scooter
Any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor, or gasoline two-stroke engine and is capable of propelling the device with or without human propulsion. V.C. 407.5
License Requirements
No driver's license is required to operate a motorized scooter, but the operator must be at least 16 years of age. V.C. 12804.9 & V.C. 21235
Maximum Speed
A motorized scooter may not be propelled at a speed in excess of 15 MPH. The operator of a motorized scooter shall not operate it on a highway (which also includes city streets) with a speed limit in excess of 25 MPH, unless the motorized scooter is operated within a bike lane. V.C. 22411
Registration, Insurance and License Requirements
A motorized scooter is not required to be registered and no proof of financial responsibility (vehicle insurance) is required. V.C. 21224
Note: Your insurance policies may not provide coverage for accidents involving the use of these scooters. To determine if coverage is provided, you should contact your insurance company or agent.
Must Comply With the Vehicle Code
Every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle ... including but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs. V.C. 21221
Night Provisions / Equipment
Motorized scooters operated during hours of darkness are required to have the proper lighting equipment and reflectors. Required is a headlight visible 300 feet to the front, red reflector visible 500 feet to the rear and white or yellow side reflectors visible 200 feet. V.C. 21223
Rules of the Road
A motor scooter traveling at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or right edge of the roadway except when: V.C. 21228
Overtaking and passing another vehicle
Preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians.
Bike Lane
If a bike lane exists, any person operating a motorized scooter upon the roadway shall ride within the bicycle lane except for provisions in V.C. 21228. V.C. 21229
Brake, Speed, Helmet, Age of Rider, Passengers, Handlebars, Sidewalks
The operator of a motorized scooter shall not do any of the following:
Operate a motorized scooter when the operator is under the age of 16 years old.
Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet per 21212 VC. (Roller Blade and Skateboard helmets do not meet the requirement).
Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
Operate a motorized scooter with any passengers in addition to the operator.
Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
Operate a motorized scooter upon a sidewalk.
Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.
Leave a motorized scooter on its side on any sidewalk, or parked on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. V.C. 21235
TRAFFIC COLLISION TIPS - WHAT DO I DO IF I AM INVOLVED IN A COLLISION
The first, most critical task is to determine if there are injuries. If you and your passengers are uninjured, check on the occupants of the other involved vehicles if it is safe to do so. If there are injuries, DO NOT MOVE the victims or vehicles unless necessary for their continued safety. Call "911" as soon as possible, advise the dispatcher of your exact location and direction of travel if possible. Remember your "911" call automatically goes through the California Highway Patrol dispatch center if you are using a cellular telephone, and it will be necessary to tell them what city your are in so that you can be transferred to the proper local law enforcement agency. If you know an exact address, please tell the dispatcher.
Don't assume other drivers on the roadway see you. If there are no injuries and there is any way possible to safely move the vehicles out of the roadway, please do so immediately. If the vehicles are not moveable activate the emergency flashers if possible, and move yourself and other occupants of the vehicles to a place of safety. It is extremely important to move vehicle and passengers out of the roadway as soon as possible. Numerous accidents could be prevented each year if these simple steps were followed. Other motorists either collide with the vehicle already involved in the collision or they are distracted by the collision and cause another separate "lookie-loo" collision.
At this point you have options, in the State of California, a police report is not required unless the collision results in injury or death. Remember, if you choose to file a police report, the information is reported to the State Department of Motor Vehicles. This accident will be reflected on each driver's DMV history regardless of fault. This information may affect your insurance premium rates. Also, if a report is taken and the officer is able to determine fault, the driver at fault will most likely receive a traffic citation for the moving violation that caused the collision. The citation will either be issued at the scene or mailed to the driver upon completion of the investigation.
A police report documents facts, physical evidence, and injuries. Based on these factors, law enforcement personnel are often able to determine who is at fault for causing the collision. It is very helpful to have an independent witness to the collision. It is important to ask if anyone saw what happened immediately following a collision. Don't forget to pass the information along to law enforcement personnel. Remember to be as accurate and detailed as possible when providing your statement to the responding officer. It is advisable to get a police report if one of the involved parties is uninsured and/or unlicensed, or if the other party refuses to exchange information. If the other party leaves the scene without providing the necessary information or after advising them that the police are coming; the collision becomes a hit and run, which is a crime. If this happens, try to get the license plate number of the other vehicle, as well as a description of the vehicle and driver. Turn this information over to the responding officer. Do not attempt to follow or detain the other driver. Your safety is more important.
If a Police Report is not desired, the involved parties may need to contact their respective insurance companies with information about the accident. If however the damage is extremely minor, the drivers may agree to some type of payment arrangements; thereby taking care of repairs "out of pocket" without involving a claim to either insurance company. If damage is over $750.00 and/or there are injuries, an SR-1 form must be completed and filed with the Department of Motor Vehicles within 10 days. These forms are usually available at insurance offices, Automobile Club offices, DMV and local law enforcement agencies.
Regardless if a report is to be taken, drivers are encouraged to and are required by law to exchange the following information after being involved in a collision.
1. Full Name
2. Address
3. Residence and business phone numbers
4. Drivers license number and State of Issue
5. Insurance company and policy number
6. Make, Model, and License plate number of your vehicle
7. Witness or Passenger names, and phone numbers
It is also helpful to jot down the location and description of vehicle damage and to locate any possible witnesses to the incident. Snap a couple of pictures of the roadway and vehicles if you have a camera handy. Information exchange is a great thing to do while waiting for the police to arrive.
If a collision occurs on private property (some residential streets, driveways, business/shopping center parking lots) a police report is not required unless there are injuries or it is suspected that one or both drivers are under the influence of alcohol or drugs. The vehicle code is not enforceable in most cases on private property; therefore, "fault " is not determined. This becomes a civil matter, between the involved parties and the respective insurance companies.
Most collisions are a direct result of inattention on the part of the driver(s) and/or the driver(s) inability to judge stopping distance in an emergency situation. Most drivers underestimate speed and safe following distances. It takes the average driver approximately ? of a second to perceive and react to a situation. This means that a vehicle moving at approximately 45 mph will have traveled an additional 50 feet before the driver even begins to apply his brakes, and another 120 feet to come to a stop. This distance increases significantly if the roadway is wet or slippery. These perception and reaction times also increase if the driver is distracted (cellular phone, talking to passengers, checking behavior of children, applying make-up, reading a map, switching radio stations, or looking at an accident).
Try to anticipate the unexpected; slow down and increase the distance between yourself and the other vehicles. Remember to be alert and concentrate on driving as you would other complex tasks. A vehicle can be a potentially deadly weapon in the hands of an inexperienced, inattentive, impaired or impatient driver. Vehicles are possessions and can be replaced, a human life cannot.
BRADY-JARED TEEN DRIVER SAFETY ACT OF 1997
Brady-Jared Teen Driver Safety Act of 1997
California Vehicle Code section 12814.6
Statistically, there is a direct correlation with the number of vehicles on the roadway and the number of collisions. Because teens are so highly over-represented in traffic collisions the California State Legislator has enacted a law to increase driver safety, especially among our youth. It is called Graduated driver licensing (GDL) and it attempts to ease beginning drivers into the complexity of operating a motor vehicle by limiting their exposure to driving situations proven to be particularly dangerous. Teens begin driving with certain conditions, which are gradually relaxed as drivers mature and develop greater driving skills. The following page lists the Graduated Driver Licensing requirements. It lists the 3 stages a new licensed driver under the age of 18 must meet prior to advancing to the next stage.
Beginning in July 1998, all teens under the age of 18 applying for an instruction permit must progress through a three-stage system to obtain a driver license.
Stage 1 - To obtain a permit, you must:
Be at least 15 years old, but under the age of 18.
Complete a DMV application form, signed by parents or guardians.
Have completed a driver education course, or be enrolled in driver education and training (not required if 17 1/2 or older.
Pass the DMV traffic law, road sign, and vision tests.
Pay the $15 application fee.
Once a permit is obtained, you must:
Hold the instruction permit for at least six months.
Drive with a parent, guardian, spouse, or adult 25 or older, with a licensed professional instructor, who has a valid California driver license.
Complete 50 hours of supervised driving, including 10 hours at night. A parent or guardian must certify in writing that these hours have been completed.
Complete both driver education and training.
Maintain a clean driving record.
Not drink and drive. Even a .01% concentration of alcohol in your bloodstream (less than one drink) will result in a one-year license suspension for driver under 21.
Stage 2 - To obtain a provisional driver license, you must:
Complete Stage 1.
Be at least 16 years old, but less than 18.
Pass a behind the wheel driving test.
Once your provisional license is issued, the following conditions apply:
For the first 6 months (or until you turn 18), no passengers under the age 20 allowed unless a licensed driver age 25 or older is present. Exceptions made for family need, not mere convenience, such as taking younger siblings to school where other alternatives are unavailable.
For the first 12 months (or until you turn 18), no driving permitted between midnight and 5:00 AM, unless accompanied by a licensed driver age 25 or older. Exceptions permitted for school, employment, family and medical need (if accompanied by statement from appropriate person. Violation of passenger or nighttime driving restrictions results in either court-ordered community service or a fine.
A teen driver must be stopped for another violation such as speeding or no seatbelt, before a ticket is written for violating the conditions above. Maintain a clean driving record. One citation or at-fault crash within 12 months results in DMV warning. Two or more citations result in license restrictions and suspensions.
Stage 3 - A provisional license becomes a full license when you:
Become 18 years old.
Have no outstanding DMV or court-ordered restrictions, suspensions or probation.
Why target only young people? Why not target all novice drivers?
California's new graduated driver licensing system deals with the biggest problems facing teen drivers. Clearly, too many people are killed or injured in cars driven by teens. Without changes, the situation will grow worse. According to the NTSB, Projections show California's teen population growing by a third over the next 10 years. Motor vehicle crash injuries are the leading cause of death among those aged 15 to 19 years, and 16-year-old drivers have more fatal crashes per 100 million miles than any other age group. Having all young drivers obtain their initial driving experiences under lower risk conditions is a fair and sensible public health measure. The slower progress to an outright license is also intended to increase the maturity and development of novice drivers. Disproportionately beginning drivers (age 16) have higher crash rates than any other age, including older teenagers. By monitoring, mentoring and supervising beginning drivers, we can develop mature and responsible driving habits for teenage drivers.
Mini-Motorcycles (Pocket Bikes) - Regulations and Frequently Asked Questions
In response to concerns relating to the increased operation of mini-motorcycles (pocket bikes) on California's streets and highways:
These mini-motorcycles or "pocket bikes" are not manufactured with a conforming 17-digit vehicle identification number (VIN), indicating the manufacturers intended they be operated on private property (with owner's permission) and not for use on a highway.
Since they are not manufactured with a 17-digit VIN, they cannot be registered as a legal motor vehicle or as an off-highway vehicle, which makes them illegal for use on the highways or as an off-highway vehicle.
Definition of Highway
"Highway" as defined in Section 360C VC "is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street."
Gasoline-Powered Mini-Motorcycles
A gasoline-powered mini-motorcycle is a "motor-driven cycle" pursuant to Section 405 VC. As such, it is subject to all vehicle equipment, registration, driver license (M1 endorsement), and helmet requirements stated in the Vehicle Code.
Electric-Powered Mini-Motorcycles
An electric-powered mini-motorcycle is a "motorized bicycle" pursuant to Section 406(a) CVC. As such, it is subject to all vehicle equipment, driver license (M2 endorsement), and helmet requirements stated in the Vehicle Code.
Frequently Asked Questions
What if my pocket bike's engine is less then 50cc's? I've heard that they are not required to be registered and are street legal.
This is incorrect information. There is nothing in the vehicle code that allows a motor-driven cycle to be operated on the highway that is less than 50cc's. Any motor-driven cycle less than 150cc's is required to be registered, meet the equipment standards of a motorcycle, and the operator must have an M1 driver license.
What will happen if I'm stopped by a law enforcement officer while riding my pocket bike on the streets?
If a person is stopped by a law enforcement officer while operating a mini-motorcycle (pocket bike) on a highway, that person may be cited for no driver's license or lack of proper motorcycle endorsement, unsafe vehicle, or helmet use, and the bike may be impounded which would require tow and storage fees be paid by the violator.
My pocket bike was advertised as a toy, so wouldn't that make them legal to ride?
No. These vehicles can travel at high speeds (20 to 50 mph) and ARE NOT TOYS. They are motor-driven cycles.
I thought my pocket bike was a motorized scooter.
No. Pocket bikes meet the definition of motor-driven cycles and within the definition of "motorized scooter", Section 407.5 CVC, it states that ". . . for the purposes of this section, . . . a motor-driven cycle, as defined in Section 405 CVC, . . . is not a motorized scooter."
Where can I legally ride my pocket bike?
The pocket bikes were manufactured for paved closed circuit racing courses. They may only be operated on private property with the owner's permission.
Can my 10-year old child ride a motorized scooter?
The operator of a motorized scooter must be at least 16 years of age even if the motorized scooter is powered by electric energy.
