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AB-1854 Motor vehicles: headlamps: inclement weather.(2003-2004)

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Assembly Bill No. 1854
CHAPTER 415

An act to amend, repeal, and add Section 24400 of the Vehicle Code, relating to vehicles.

[ Filed with Secretary of State  September 09, 2004. Approved by Governor  September 09, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1854, Simitian. Motor vehicles: headlamps: inclement weather.
(1) Existing law requires, with limited exceptions, that, during darkness, a motor vehicle, other than a motorcycle, be equipped with at least 2 lighted headlamps.
This bill, additionally, would require, on July 1, 2005, a motor vehicle, other than a motorcycle, to be equipped with headlamps during inclement weather, as defined.
Because this would expand the scope of an existing crime, this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 24400 of the Vehicle Code is amended to read:

24400.
 (a) During darkness, every motor vehicle other than a motorcycle, shall be equipped with at least two lighted headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.
(b) This section shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 24400 is added to the Vehicle Code, to read:

24400.
 (a) During darkness and inclement weather, a motor vehicle, other than a motorcycle, shall be equipped with at least two lighted headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.
(b) As used in subdivision (a), “inclement weather” is a weather condition that is either of the following:
(1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.
(c) This section shall become operative on July 1, 2005.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.