New Traffic Laws Go Into Effect

During 2008, the California State Legislature approved a number of new laws of interest to Auto Club members and motorists. Unless otherwise noted, these measures take effect January 1, 2009.

No Text Messaging While Driving - SB 28 prohibits drivers from text messaging or e-mailing while driving. Fines for violating this law are at least $76 (after penalties) for a first offense
and about $190 for subsequent offenses, depending on the county in which the violation occurred. The Auto Club, which supported the law to help reduce the incidence of traffic crashes, encourages motorists to avoid all distractions while driving.

Parking Violations - AB 2401, which was sponsored by the Auto Club after a member brought the problem to our attention, prevents a car owner from being held liable for a parking ticket or toll-evasion violation issued against a vehicle before he or she became the owner. Sufficient proof of nonownership includes, but is not limited to, a copy of the sales agreement showing the date of the vehicle ownership transfer.

GPS Devices - SB 1567 requires that when a vehicle is being driven, any portable GPS device in use and affixed to the windshield must be located either in a 7-inch square in the lower right corner or in a 5-inch square in the lower left corner. The device cannot interfere with the deployment of an air bag. Motorists may still mount a GPS device on top of the dash as long as it doesn’t block their view of the road. The fine for a violation is approximately $108, depending on the county.

Higher Fees for Motorists

The budget crunch in Sacramento resulted in a number of fee increases that target motorists:

Surcharges on Traffic and Parking Citations - SB 1407 enables the state to issue up to $5 billion in revenue bonds to help pay for the construction and rehabilitation of courthouses. Repayment costs are estimated at just under $300 million annually. The state will secure a significant share of the cost to finance the bonds by raising surcharges on traffic tickets by $35, “fix-it” tickets by $15, parking tickets by $3, and the court cost to attend traffic school by $25. The vast majority of traffic and parking tickets are paid by mail or through bail forfeiture; most violators never set foot in a courthouse. The Auto Club opposed this measure because it is inequitable to place the burden of financing courthouse construction disproportionately on drivers who do not use court facilities.

Higher Registration Fees - Vehicle owners must pay a number of fees and taxes when they register their vehicles: the vehicle license fee (.65 percent of a vehicle’s assessed value), a DMV registration fee ($31), fees to support CHP activities ($10), a statewide air-pollution fee ($3), and various local fees for air quality and other programs (up to $11, depending on the county).
The most recent state budget included an $11 registration fee increase (which took effect December 1, 2008) to enhance CHP operations and provide for more uniformed officers. Together with a previously scheduled $1 cost-of-living increase, motorists will see their total registration fees increase from about $55 in 2008 to $67 in 2009. At press time, the legislature was also considering raising the vehicle license fee to help offset the state’s budget deficit and raising the registration fee.

Taxes for Out-of-State Vehicles - Any vehicle, vessel, or aircraft purchased outside of California and brought into the state within 12 months of the purchase date is subject to the payment of a use tax (equivalent to a sales tax). Previously, the law imposed this tax only if the vehicle was brought into the state during the first 90 days of ownership. An owner can avoid paying this use tax by providing documentary evidence that he or she intends to use the vehicle, vessel, or aircraft outside the state. The state will receive approximately $20 million per year from this change in the law.

Additional Smog Fees - Motorists in the San Joaquin Valley Unified Air Pollution Control District are now subject to an additional $7 in registration fees for air pollution mitigation programs. AB 2522 allows the district to increase these extra air pollution registration fees to $31 per year, on top of the fees and taxes noted in “Higher Registration Fees” (above), and to adopt rules and regulations intended to reduce vehicle trips.

The Auto Club, in coordination with AAA Northern California, Nevada, and Utah, the California Highway Patrol and the Department of Motor Vehicles, has prepared the 2008 Digest of Traffic Legislation to help get the word out about changes to the state’s Vehicle Code - to read more about the new traffic laws, click here.