New Car Laws in California 2016: Earbuds, Alcohol Interlocks & Uber/Lyft Driver Records Sharing

skateboardWe were in Las Vegas when these new motor vehicle laws went into effect January 1, 2016 in California. New laws affect drunk drivers, ride sharing drivers, earbud wearers, car buyers/auto dealers, motorized skateboard, electric bikes and voters. Every year it is good idea to check the news for the latest laws regarding driving and motorized transportation. California often leads the nation in laws that are often enacted later by other states.

Alchohol Interlocks for Drunk Drivers Extended

SB 61, This law extends the existing Ignition Interlock Device (IID) pilot project to July 1, 2017 for, Alameda, Los Angeles, Sacramento, and Tulare counties. The IID pilot project requires a person convicted of a DUI to install an IID for five months upon a first offense, 12 months for a second offense, 24 months for a third offense, and 36 months for a fourth or subsequent offense. The project was originally set to end on January 1, 2016.

Double Earbuds or Headsets Prohibition

SB 491 makes it unlawful to wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears, while operating a motor vehicle or a bicycle. This prohibition does not apply to persons operating authorized emergency vehicles, construction equipment and refuse or waste equipment while wearing a headset or safety earplugs.

Uber, Lyft ETC Get Drivers’ Records

AB 1422 This new law requires a transportation network company (TNC) to participate in the DMV’s Employer Pull Notice (EPN) Program. TNCs provide prearranged transportation services for compensation using an online-enabled application or platform, to connect drivers using their personal vehicles with passengers. The program will provide each TNC with a report showing a driver’s current public record, as recorded by the department, and immediate notifications of moving violations, accidents, driver license suspensions, revocations, and other actions taken against the driving privilege. The DMV’s EPN program provides employers and regulatory agencies with a means of promoting driver safety through the ongoing review of driver records.

Car Buyer Interrupt Notifications

AB 265 This law requires a “buy-here-pay-here” dealer to make certain disclosures and notices to a vehicle buyer when a vehicle is sold with tracking and starter interrupt technology installed. This law also requires advance warning be given to the purchaser prior to engagement of the starter interrupt technology, if the buyer fails to make timely vehicle payments. A “buy-here-pay-here” dealer is defined as a used car dealer that assigns less than 90 percent of their conditional sales and lease contracts to third party lenders; and therefore provide direct financing to car buyers.

Safety for Motorized Skateboard and Age Limit

604 defines “electrically motorized board,” and restricts their operation on public facilities, requires boards to be equipped with safety equipment, and authorizes cities and counties to regulate their use. It also makes it a crime to operate an electrically motorized board while under the influence of drugs or alcohol. In addition, the law limits the board’s operation to individuals 16 years or older, requires operators to wear a bicycle helmet, wear safety equipment to increase visibility at night, and limits their operation to roads with a speed limit of 35 miles per hour or less. Aconviction for violating this law is punishable by a fine of up $250.

Electric Bicycle Definitions

AB 1095 adds an entirely new definition of an electric bicycle to the California Vehicle Code. An electric bicycle is defined as a bicycle with fully operable pedals and an electric motor of less than 750 watts. The law creates three classes of electric bicycles. Manufacturers will also need to certify the electric bicycles comply with specified requirements. Electric bicycle riders will be able to use roads similar to other bicycle riders, while providing a measure of local control if safety concerns arise on specific paths or public trails.

Voter Registration with DMV Registration

1461 creates an automatic voter registration process for qualified individuals who apply for a driver license or identification card, or submit a change of address to the DMV. The law will require that DMV implement the New Motor Voter Act no later than one year after the Secretary of State certifies all of the following: the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Section 20901 et seq.), the Legislature, has appropriated the funds necessary for the Secretary of State and DMV to implement and maintain the program, and the Secretary of State has adopted regulations to implement the law.

California Residency Requirement

AB 1465, require san applicant for an original driver license or identification card to provide proof of California state residency, starting July 1, 2016 and it will bring DMV into compliance with a federal law requirement. The DMV will need to adopt regulations relating to the procedures for verifying that the applicant is a California resident.