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AB-1707 Transportation.(2001-2002)



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AB1707:v92#DOCUMENT

Assembly Bill No. 1707
CHAPTER 739

An act to amend Section 635 of the Streets and Highways Code, and to amend Sections 545.1, 1675, 1677, 11212, 11222, 11715, 14900.1, 16000, 16050, 16051, 16052, 16054, 16054.2, 16055, 16070, 23103, and 25108 of, and to amend the heading of Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of, to add Section 24616 to, and to repeal Sections 15250.5 and 15255 of, the Vehicle Code, relating to transportation.

[ Filed with Secretary of State  October 11, 2001. Approved by Governor  October 10, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1707, Committee on Transportation. Transportation.
(1) Existing law provides that state highway routes embracing portions of certain designated state highway routes are known and designated as “El Camino Real.”
This bill would revise the designated portions of state highway routes included in the description of “El Camino Real.”
(2) Existing law requires a course provider of a mature driver improvement course to report certain information concerning course participants to the Department of Motor Vehicles.
This bill would delete that requirement and make other related changes.
(3) Existing law requires every owner of a traffic violator school to keep a record at the school’s primary business location showing certain information, including the name and address of each person given instruction.
This bill would require the record of the address of each person given instruction to only be used by the school for administrative purposes and would make a technical change in this provision and in a related provision. Because a violation of the Vehicle Code is a crime under existing law, the bill would create a state-mandated local program by creating a new crime.
(4) Existing law authorizes a manufacturer, remanufacturer, distributor, or dealer owning or lawfully possessing any vehicle of a type otherwise required to be registered to operate or move the vehicle on the highways without registering the vehicle on the condition that the vehicle displays one of certain specialized license plates.
This bill would also authorize operation or movement of the vehicle under similar circumstances for a period not to exceed 7 days by a person test-driving the vehicle in conjunction with a sale or lease from a dealer.
(5) Existing law requires a person involved in a motor vehicle accident to report the accident to the Department of Motor Vehicles within 10 days of the accident. The department is required to suspend the driver’s license of a person who does not report an accident as required.
This bill would provide that the department is not required to file an accident report if none of the parties involved in an accident has reported the accident within one year of its occurrence. The bill would also provide that the license suspension provisions do not apply under these circumstances.
(6) Existing law provides that a towed vehicle may be equipped with an exterior mounted pilot lamp meeting certain requirements.
This bill would instead refer to an exterior mounted indicator lamp and would revise the applicable requirements.
(7) Existing law prohibits a vehicle from being equipped with any lamp or illuminating device that is not required or permitted by the provisions of existing law that pertain to lighting equipment on vehicles.
This bill would authorize a motor vehicle to be equipped with one or 2 rear-facing auxiliary lamps, subject to specified mounting and operation requirements.
(8) Existing law declares the Legislature’s intent, commencing July 1, 1991, to allocate $10,000,000 annually for 10 years to the Environmental Enhancement and Mitigation Demonstration Program Fund to be used for making grants to local, state, and federal agencies and nonprofit entities that undertake projects to mitigate transportation facilities. Existing law requires the Department of Transportation to extend the completion date to June 30, 2002, for specified Environmental Enhancement and Mitigation (EEM) projects.
This bill would require the department to extend the completion date to June 30, 2004, for a specified EEM project for the Tahoe City Public Utility District.
(9) This bill would make other clarifying changes and correct obsolete cross-references. (10) 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.
(11)  This bill provides that any section of any act enacted by the Legislature during the 2001 calendar year that takes effect on or before January 1, 2002, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, added, or repealed by this bill, shall prevail over this bill, whether that act is enacted prior to, or subsequent to, the enactment of this bill.

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


SECTION 1.

 Section 635 of the Streets and Highways Code is amended to read:

635.
 (a) State Highway Route 1 from Las Cruces to San Francisco shall be known and designated as the “Cabrillo Highway.”
(b) State highway routes embracing portions of Routes 280, 82, 238, 101, 5, 72, 12, 37, 121, 87, 162, 185, 92, and 123 and connecting city streets and county roads thereto, and extending in a continuous route from Sonoma southerly to the international border and near the route historically known as El Camino Real shall be known and designated as “El Camino Real.”
(c) State Highway Route 1 from south of San Juan Capistrano to near El Rio shall be known and designated as the “Pacific Coast Highway.”

SEC. 2.

 Section 545.1 of the Vehicle Code is amended to read:

545.1.
 (a) Notwithstanding Section 545, a motor vehicle is not a schoolbus if it is operated for the purpose of transporting any pupil to or from a community college or to or from activities at that college, irrespective of the age of the pupil or the grade level of the pupil, if the pupil is a current enrollee in classes of the college providing the transportation.
(b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by subdivision (d) of Section 22112 and shall meet the requirements of Section 12517.
(c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less.

SEC. 3.

 Section 1675 of the Vehicle Code is amended to read:

1675.
 (a) The director shall establish standards and develop criteria for the approval of driver improvement courses specifically designed for the safe driving needs of drivers who are 55 years of age or older, which shall be known as the mature driver improvement course.
(b) The curriculum for the course provided for in subdivision (a) shall include, but is not limited to, all of the following components:
(1) How impairment of visual and audio perception affects driving performance and how to compensate for that impairment.
(2) The effects of fatigue, medications, and alcohol on driving performance, when experienced alone or in combination, and precautionary measures to prevent or offset ill effects.
(3) Updates on rules of the road and equipment, including, but not limited to, safety belts and safe and efficient driving techniques under present day road and traffic conditions.
(4) How to plan travel time and select routes for safety and efficiency.
(5) How to make crucial decisions in dangerous, hazardous, and unforeseen situations.
(c) Each mature driver improvement course shall include not less than 400 minutes of instruction, and shall not exceed 25 students per single day of instruction or 30 students per two days of instruction.
(d) Upon satisfactory completion of the mature driver improvement course, participants shall receive and retain a certificate provided by the department, awarded and distributed by the course provider, which shall be suitable evidence of satisfactory course completion, and eligibility for three years, from the date of completion, for the mature driver vehicle liability insurance premium reduction pursuant to Section 11628.3 of the Insurance Code.
(e) The certificate may be renewed every three years from the date of completion by successfully completing a subsequent mature driver improvement course.
(f) For the purposes of this section, and Sections 1676 and 1677, “course provider” means any person offering a mature driver improvement course approved by the department pursuant to subdivision (a).

SEC. 4.

 Section 1677 of the Vehicle Code is amended to read:

1677.
 (a) The department may collect a fee, to be determined by the department, from each course provider who shall be responsible for the development and operation of a mature driver improvement course, for the approval of the course, but not to exceed the actual cost of approval of the course. The department shall transmit all fees it receives for deposit in the Motor Vehicle Account in the State Transportation Fund pursuant to Section 42270.
(b) Each course provider, who has received course approval from the department, is responsible for the delivery, instruction, and content of his or her mature driver improvement course.
(c) The department shall investigate claims of impropriety on the part of a course provider. The department may withdraw the approval of courses in violation of Section 1675 or 1676, as determined by the department, for just cause, including, but not limited to any of the following:
(1) Furnishing course completion certificates to course enrollees prior to, or in the absence of, completion of the curriculum specified in subdivisions (b) and (c) of Section 1675.
(2) Charging fees in excess of the amounts specified in subdivisions (a) and (c) of Section 1676.
(d) Mature driver improvement courses approved by the department shall continue to be approved until either of the following occurs:
(1) The course provider does not meet the conditions of approval.
(2) The department finds just cause to terminate the approval pursuant to subdivision (c).

SEC. 5.

 Section 11212 of the Vehicle Code is amended to read:

11212.
 (a) Every owner licensed under this chapter shall keep a record at the traffic violator school’s primary business location showing all of the following for each student:
(1) The name and address and license number of the traffic violator school providing instruction.
(2) The name and address of each person given instruction.
(3) The instruction permit number or driver’s license number of every person given instruction.
(4) The name and number of the license issued pursuant to Section 11207 of the traffic violator school instructor.
(5) The particular type of instruction given and the date or dates of the instruction.
(6) A statement as to whether the approved lesson plan was followed.
(7) The total number of hours of instruction.
(8) The total cost to the student of the instruction, which shall not exceed the amount of the fee represented or advertised by the traffic violator school at the time of the student’s enrollment.
(9) The court docket number under which the student was referred to a traffic violator school.
(10) The number of the completion certificate issued to the student pursuant to subdivision (e) of Section 11208 and, if different, the number of any copy thereof issued to the student.
(b) The records shall be retained for a minimum of three years and shall be open to the inspection during business hours and at all other reasonable times by the department, the court, a private entity providing monitoring pursuant to Section 11222, the Legislative Analyst, and the State Auditor or authorized employees thereof, but shall be only for confidential use.
(c) Whenever a licensee suspends or terminates the licensed activity, the licensee shall surrender the records specified in subdivision (a) to the department for examination not later than the end of the third day, excluding Saturdays, Sundays, and legal holidays, after the date of suspension or termination. The department may duplicate or make a record of any information contained therein. All these records shall be returned to the licensee not later than 30 days after the date of surrender.
(d) The address of any person kept pursuant to paragraph (2) of subdivision (a) shall only be used by the school for school administrative purposes.

SEC. 6.

 Section 11222 of the Vehicle Code is amended to read:

11222.
 The department may contract with a nongovernmental entity to administer any part of this chapter, subject to limitations in other laws regarding contracting out for services. No contract shall exceed three years’ duration. The contracting entity, and any affiliate or subsidiary thereof monitoring traffic violator schools, shall conform to all of the following requirements:
(a) Engage in no other business activity with traffic violator schools or any of the principals of the traffic violator schools, including the provision of services or supplies.
(b) Provide reports in statistical form to the department and to the Legislature as instructed by the department. These reports shall be issued not less frequently than annually.
(c) Make its records available for inspection by authorized representatives of the department, the Legislative Analyst, and the State Auditor.

SEC. 6.5.

 Section 11715 of the Vehicle Code is amended to read:

11715.
 (a) A manufacturer, remanufacturer, distributor, or dealer owning or lawfully possessing any vehicle of a type otherwise required to be registered under this code may operate or move the vehicle upon the highways without registering the vehicle upon condition that the vehicle displays special plates issued to the owner as provided in this chapter, in addition to other license plates or permits already assigned and attached to the vehicle in the manner prescribed in Sections 5200 to 5203, inclusive. A vehicle for sale or lease by a dealer may also be operated or moved upon the highways without registration for a period not to exceed seven days by a prospective buyer or lessee who is test-driving the vehicle for possible purchase or lease, if the vehicle is in compliance with this condition. The vehicle may also be moved or operated for the purpose of towing or transporting by any lawful method other vehicles.
(b) A transporter may operate or move any owned or lawfully possessed vehicle of like type by any lawful method upon the highways solely for the purpose of delivery, upon condition that there be displayed upon each vehicle in contact with the highway special license plates issued to the transporter as provided in this chapter, in addition to any license plates or permits already assigned and attached to the vehicle in the manner prescribed in Sections 5200 to 5203, inclusive. The vehicles may be used for the purpose of towing or transporting by any lawful method other vehicles when the towing or transporting vehicle is being delivered for sale or to the owner thereof.
(c) This section does not apply to any manufacturer, remanufacturer, transporter, distributor, or dealer operating or moving a vehicle as provided in Section 11716.
(d) This section does not apply to work or service vehicles owned by a manufacturer, remanufacturer, transporter, distributor, or dealer. This section does not apply to vehicles owned and leased by dealers, except those vehicles rented or leased to vehicle salespersons in the course of their employment for purposes of display or demonstration, nor to any unregistered vehicles used to transport more than one load of other vehicles for the purpose of sale.
(e) This section does not apply to vehicles currently registered in this state that are owned and operated by a licensed dealer when the notice of transfer has been forwarded to the department by the former owner of record pursuant to Section 5900 and when a copy of the notice is displayed as follows:
(1) For a motorcycle or motor-driven cycle, the notice is displayed in a conspicuous manner upon the vehicle.
(2) For a vehicle other than a motorcycle or motor-driven cycle, the notice is displayed in the lower right-hand corner of the windshield of the vehicle, as specified in paragraph (3) of subdivision (b) of Section 26708.
(f) Every owner, upon receipt of a registration card issued for special plates, shall maintain the same or a facsimile copy thereof with the vehicle bearing the special plates.

SEC. 7.

 Section 14900.1 of the Vehicle Code is amended to read:

14900.1.
 Except as provided in Sections 15250.6 and 15255.1, upon application for the renewal of a driver’s license or for a license to operate a different class of vehicle, there shall be paid to the department a fee of fifteen dollars ($15) for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.

SEC. 8.

 Section 15250.5 of the Vehicle Code is repealed.

SEC. 9.

 Section 15255 of the Vehicle Code is repealed.

SEC. 10.

 Section 16000 of the Vehicle Code is amended to read:

16000.
 (a) The driver of every motor vehicle who is in any manner involved in an accident originating from the operation of a motor vehicle on any street or highway or any reportable off-highway accident defined in Section 16000.1 that has resulted in damage to the property of any one person in excess of five hundred dollars ($500) or in bodily injury or in the death of any person shall, within 10 days after the accident, report the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department to the office of the department at Sacramento, subject to the provisions of this chapter. The driver shall identify on the form, by name and current residence address, if available, any person involved in the accident complaining of bodily injury.
(b) A report is not required pursuant to subdivision (a) if the motor vehicle involved in the accident was owned or leased by, or under the direction of, the United States, this state, another state, or a local agency.
(c) If none of the parties involved in an accident has reported the accident to the department within one year following the date of the accident, the department shall not be required to file the report, and the driver license suspension requirements of Section 16004 or 16070 shall not apply.

SEC. 11.

 The heading of Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of the Vehicle Code is amended to read:
Article  3. Evidence of Financial Responsibility

SEC. 12.

 Section 16050 of the Vehicle Code is amended to read:

16050.
 In order to establish evidence of financial responsibility, every driver or employer involved in an accident and required to report the accident under Section 16000 shall establish to the satisfaction of the department that the provisions of this article are applicable to his or her responsibilities arising out of the accident.

SEC. 13.

 Section 16051 of the Vehicle Code is amended to read:

16051.
 Evidence may be established by filing a report indicating that the motor vehicle involved in the accident was owned or leased by or under the direction of the United States, this state, or any political subdivision of this state or municipality thereof.

SEC. 14.

 Section 16052 of the Vehicle Code is amended to read:

16052.
 Evidence may be established if the owner of the motor vehicle involved in the accident was a self-insurer. Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided in this article.

SEC. 15.

 Section 16054 of the Vehicle Code is amended to read:

16054.
 (a) Evidence may be established by filing with the department satisfactory documentation:
(1) That the owner had an automobile liability policy, a motor vehicle liability policy, or bond in effect at the time of the accident with respect to the driver or the motor vehicle involved in the accident, unless it is established that at the time of the accident the motor vehicle was being operated without the owner’s permission, express or implied, or was parked by a driver who had been operating the vehicle without permission.
(2) That the driver of the motor vehicle involved in the accident, if he or she was not the owner of the motor vehicle, had in effect at the time of the accident an automobile liability policy or bond with respect to his or her operation of the motor vehicle not owned by him or her.
(3) That the liability as may arise from the driver’s operation of the motor vehicle involved in the accident is, in the judgment of the department, covered by some form of liability insurance or bond.
(4) That the owner or driver, if he or she is involved in an accident while operating a vehicle of less than four wheels, had in effect at the time of the accident with respect to the driver or vehicle a liability policy or bond that meets the requirements of Section 16056.
(b) Any automobile liability policy or bond referred to in this section shall comply with the requirements of Section 16056 and Sections 11580, 11580.011, 11580.1, and 11580.2 of the Insurance Code, but need not contain provisions other than those required by those sections, and shall not be governed by Chapter 3 (commencing with Section 16430).

SEC. 16.

 Section 16054.2 of the Vehicle Code is amended to read:

16054.2.
 Evidence may also be established by any of the following:
(a) By depositing with the department cash in the amount specified in Section 16056.
(b) By providing documentation of a liability policy covering the operation of the vehicle that (A) is issued by a charitable risk pool operating under Section 5005.1 of the Corporations Code, if the registered owner of the vehicle is a nonprofit organization that is exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the United States Internal Revenue Code and (B) the policy is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than fifteen thousand dollars ($15,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than five thousand dollars ($5,000) because of injury to or destruction of property of others in any one accident.
(c) By any other manner authorized by the department which effectuates the purposes of this chapter.

SEC. 17.

 Section 16055 of the Vehicle Code is amended to read:

16055.
 Evidence of insurance or bond shall be submitted by the insurer or surety in conformance with the requirements of Section 16057. In the event of notice to the department by the company that issued one of the above stated policies or bonds that coverage was not in effect, then the policy or bond shall not operate to establish evidence as provided for by Section 16054.

SEC. 18.

 Section 16070 of the Vehicle Code is amended to read:

16070.
 (a) Whenever a driver involved in an accident described in Section 16000 fails to provide evidence of financial responsibility, as required by Section 16020, at the time of the accident, the department shall, pursuant to subdivision (b), suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.
(b) Whenever the department receives an accident report pursuant to this article that alleges that any of the drivers involved in the accident was not in compliance with Section 16020 at the time of the accident, the department shall immediately mail to that driver a notice of intent to suspend the driving privilege of that driver. The department shall suspend the driving privilege 30 days after mailing the notice, unless the driver has, prior to that date, established evidence of financial responsibility at the time of the accident, as specified in Section 16021, with the department. The suspension notice shall notify the driver of the action taken and the right to a hearing under Section 16075.

SEC. 19.

 Section 23103 of the Vehicle Code is amended to read:

23103.
 (a) Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104.

SEC. 20.

 Section 24616 is added to the Vehicle Code, to read:

24616.
 (a) A motor vehicle may be equipped with one or two rear-facing auxiliary lamps. For the purposes of this section, a rear-facing auxiliary lamp is a lamp that is mounted on the vehicle facing rearward. That lamp shall meet the photometric and performance requirements of the Society of Automotive Engineers Standard J1424 for cargo lamps.
(b) A rear-facing auxiliary lamp may project only a white light, with the main cone of light projecting both rearward and downward. The main cone of light shall illuminate the road surface or ground immediately rearward of a line parallel to the rear of the vehicle for a distance not greater than 50 feet. The main cone of light may not project to the front or sides of the vehicle.
(c) A rear-facing auxiliary lamp may be activated only when the vehicle is stopped. A vehicle equipped with a rear-facing auxiliary lamp shall also be equipped with a system that allows activation of the lamp only when the vehicle is in the “park” setting, if the vehicle is equipped with an automatic transmission, or in the “neutral” setting with the parking brake engaged, if the vehicle is equipped with a manual transmission.
(d) A vehicle equipped with a rear-facing auxiliary lamp may have an activation switch accessible to the operator from the rear of the vehicle.

SEC. 21.

 Section 25108 of the Vehicle Code is amended to read:

25108.
 (a) Any motor vehicle may be equipped with not more than two amber turn-signal pilot indicators mounted on the exterior. The light output from any indicator shall not exceed five candlepower unless a provision is made for operating the indicator at reduced intensity during darkness in which event the light output shall not exceed five candlepower during darkness or 15 candlepower at any other time. The center of the beam shall be projected toward the driver.
(b) Any vehicle may be equipped with pilot indicators visible from the front to monitor the functioning or condition of parts essential to the operation of the vehicle or of equipment attached to the vehicle that is necessary for protection of the cargo or load. The pilot indicators shall be steady-burning, having a projected lighted lens area of not more than three-quarters of a square inch and have a light output of not more than five candlepower. The pilot indicator may be of any color except red.
(c) Other exterior pilot indicators of any color may be used for monitoring exterior lighting devices, provided that the area of each indicator is less than 0.20 square inches, the intensity of each indicator does not exceed 0.10 candlepower, and the color red is not visible to the front.
(d) Any towed vehicle may be equipped with an exterior-mounted indicator lamp used only to indicate the functional status of an antilock braking system providing that either of the following conditions are met:
(1) The indicator lamp complies with the applicable requirements of the federal motor vehicle safety standards.
(2) The indicator lamp is designed and located so that it will be readily visible, with the assistance of a rearview mirror if necessary, to the driver of the towing motor vehicle and the indicator lamp has a light source not exceeding five candlepower. The light shall not show to the sides or rear of the vehicle and the indicator lamp may emit any color except red.
(e) (1) Notwithstanding any other provision of law, any motor vehicle may be equipped with not more than two exterior-lighted data monitors that transmit information to the driver of the vehicle regarding the efficient or safe operation, or both the efficient and safe operation, of the vehicle.
(2) Data monitors shall comply with all of the following conditions:
(A) Be mounted to the vehicle in a manner so that they are readily visible to the driver of the vehicle when the driver is seated in the normal driving position. Data monitors shall not be designed to convey information to any person other than the driver of the vehicle.
(B) Be limited in size to not more than two square inches of lighted area each.
(C) Not emit a light brighter than reasonably necessary to convey the intended information.
(D) Not project a glaring light to the driver or, to other motorists, or to any other person.
(3) Data monitors may incorporate flashing or changing elements only as necessary to convey the intended information. Data monitors shall not resemble any official traffic-control device or required lighting device or be combined with any required lighting device.
(4) Data monitors may display any color, except that the color red shall not be visible to the front of the vehicle.

SEC. 22.

 Notwithstanding any other provision of law, the Department of Transportation shall extend the completion to June 30, 2004, for the Environmental Enhancement and Mitigation project for the Tahoe City Public Utility District (Project No. 98-38; Agreement No. 03-98-12).
SEC. 23.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.

SEC. 24.

 Any section of any act enacted by the Legislature during the 2001 calendar year that takes effect on or before January 1, 2002, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, added, or repealed by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.