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Every year on January 1, a new set of traffic laws are put into effect. They often reflect
technological changes or changes in driver habits. It's important to be aware of these
annual changes and how they will affect your driving habits. Here are some of the current
and upcoming law changes.
While operating the vehicle, the driver's hand may only be used to work a handheld wireless
telephone or electronic wireless communications device only if 1) the device is mounted on
the vehicle's windshield the same way a portable Global Positioning System (GPS) is
mounted. Pursuant to paragraph (12) of subdivision (b) of Section 26708 of the Vehicle
Code, it may be mounted in a seven-inch square in the lower corner of the windshield
farthest removed from the driver or in a five-inch square in the lower corner of the
windshield nearest to the driver and outside of an airbag deployment zone. It may also be
mounted on the vehicle's dashboard or center console in a way that does not affect the
driver's view of the road and 2) the driver's hand is used to activate or deactivate a feature
or function of the device with the motion of a single swipe or tap of the driver's finger.
A violation of this law is an infraction punishable by a base fine of $20 for the first offense
and $50 for each subsequent offense.
This law does not apply to an emergency service professional while operating an authorized
emergency vehicle while performing his or her duties.
Electronic wireless communication devices includes but is not limited to, a broadband
personal communication device, a specialized mobile radio device, a handheld device or
laptop computer with mobile data access, a pager, or a two-way messaging device.
Changes to Technology
As technology changes the law must address these technological developments. As we
incorporate more and more gadgets and gizmos into our driving habits, the laws have to
change accordingly.
Dashboard
The dashboard of a car has changed drastically over the past years. Whereas it once
housed the speedometer, odometer and a few other necessities, it's now a complex system
with navigation systems, built in phones and more. Cell phones, smart phones and
navigation systems are everywhere, even inside cars!
Since cars have changed drastically over the past ten years, driving techniques have
changed as well. Drivers have had to adapt to these new technologies. The techniques our
parents learned to drive are very different from the ones we would learn today. Let's look at
a couple of examples that will illustrate this point.
Braking Systems
When cars were equipped with non-ABS brakes, drivers were instructed to pump the brakes
in order to prevent the brakes from locking. Pumping non-ABS brakes made them more
effective and reduced the braking distance (the distance required to bring the car to a stop).
But with the standardization of ABS brakes in all newer cars, people are now taught to keep
their foot on the brake pedal as hard as they can because the ABS does the pumping for
them.
But John doesn’t listen because he knows better. Maria says, “Pablo, I know you are in a
hurry, but is it really worth it to break all those rules to save a few minutes? There are good
reasons for traffic laws – By telling drivers what they can and can’t do, other drivers know
what to expect. If John did what you were asking him to, other drivers who weren’t
expecting us to pass the red light, or cut them off to the left turn lane, might not be able to
stop in time to avoid hitting us. Even if we were in a smallest fender bender, don’t you think
that would make you late for work? What if it were a bigger crash?”
“You’re right, Maria, I wasn’t thinking clearly. But at least we could have sped up and
passed a few cars on our way to the green light ahead.”
“So you wanted us to weave in and out of traffic?” says Maria. “All that would do is slow
traffic down. Sure we might save a minute or two ourselves, but it’s exactly that kind of
driving that creates problems on the road for everyone. I don’t see the point of doing that
either.”
Some traffic laws seem to be a hassle and often an expensive hassle. You might ask
yourself, why did someone think this was necessary? Why do we have so many traffic
laws? If you are playing a board game or a sport, you always have a set of rules that you
must follow. Without them, everyone would do as they pleased. How would you know how
to play? How would you know who won or who lost? People could just play without taking
turns. Eventually, you would have to stop the game because no one would know what they
were doing or why they were doing it. The same applies for laws about driving. Traffic laws
reduce chaos, keep traffic moving and give all road users a common understanding
of how the road should be used. Most importantly, though, their primary purpose is
to keep everyone safe.
Common Understanding
In the case of driving however, rules and laws are even more essential. Driving is not just a
game where your only options are winning or losing. Every time you step into a vehicle, hop
on a bicycle or go for walk, you could risk your life. Laws allow drivers to know what to do
and what to expect of other drivers. They allow drivers to anticipate the actions of other
drivers and limit the number of surprises on the road.
Safety
Without order we would be driving in chaos. And that can only mean one thing: danger.
Traffic laws ensure the safety of everyone who uses the road. What if people drove through
intersections at 60 mph? The lives of other drivers, pedestrians, cyclists and motorcyclists
would be endangered. Rules help make the road a safer place.
Sometimes it feels like there are too many laws, restricting what we do in the car.
Occasionally, they may be an inconvenience to follow these laws. You might think to
yourself, "They passed another law? Another reason I can get a ticket?" Before you even
consider breaking the law however, think about why that law was passed. It's not to
inconvenience you or to annoy you; rather these laws are here to protect us all. Driving is a
wonderful privilege but can be very hazardous. These laws minimize the risks and dangers
of the road. Protect yourself and other road users. Follow the rules of the road!
In many cases, even a small at-fault crash will cost you a lot of money. Most insurance
policies have a deductible that you have to pay before the insurance kicks in. Let's say
you're in a crash and it's going to cost $7,500 to get the other driver's car fixed and your
deductible is $1,000. This means you have to pay $1,000 out of your own pocket before the
insurance company pays the rest of the $6,500 to get the car completely fixed. And this
doesn't even count your own expenses. Even with car insurance, there's good financial
incentive to avoid any type of collision.
Minimum insurance won't cover your own medical expenses or car repairs either - only the
other driver's and only for the specific dollar amounts. This means you are responsible for
and will have to pay for any damages that are more than the minimum amount. Aren't there
better ways to spend your money?
Financial Impact
As we've just seen, even if you have the minimum insurance required by the DMV, a
collision can cost you a small fortune. If you only have minimum coverage, you'll have to
pay for the damage to your own car, and for the medical attention that you and your
passengers require. And don't forget your deductible. The typical $1000 deductible is the
amount you have to pay out of your own pocket before your insurance even goes into effect
to pay the rest. Finally, expect to pay higher insurance premiums for at least 3 years.
Legal Action
In addition to your own costs, if the collision was your fault, you will probably have to pay
the other driver's costs too. Even if you have insurance, the other driver can sue you for
negligence and win. If you rear-end someone, for example, you will be considered
responsible for the collision and might get sued by the driver or his insurance company. If
someone dies in the collision, the victim's family could go after you for wrongful death. If
they do seek out legal action, then you will have to get a lawyer to defend yourself. If the
property damage is more than the insurance coverage (after all, there's only so much your
insurance will pay for), you could lose your house, car, and other assets.
DMV Action
Finally, you have to think about how this will affect your driving record and even your
privilege to drive. The California DMV operates on a demerit point system to track careless
and dangerous drivers. Every at-fault collision and traffic violation will add points to your
record. For example, a minor at-fault collision will cost you one point and stays on your
driving record for three years. More serious violations such as reckless driving and
speeding over 100 mph have a penalty of two points and stay on your record for seven
years. A DUI will stay on your record for a full 10 years! Get four or more points in 12
months (six points in 24 months or eight points in 36 months) and your license can be
suspended or revoked. If you are eligible to get your license reinstated, you'll have to wait at
least 30 days. You will then have to pay hundreds of dollars in fees and fines.
QUALITY OF LIFE
Careless driving also impacts your quality of life. Much of your free time is devoted to
dealing with the aftermath of a collision. The out-of-pocket costs for repairs, lawyers' fees,
and higher insurance premiums mean less money to spend on yourself and your favorite
activities. If you are injured because of a collision, acute or chronic pain could alter your
mood and prevent you from having an active lifestyle. Finally, if you have a major collision
and seriously injure or kill someone else, you could carry around guilt and pain for the rest
of your life. Is it worth it?
Distracted Driving
Inattention is another factor that can lead to minor and serious collisions. Remember, in
order to drive safely, you need to use a number of senses and skills, including sight,
judgment, and proper reaction time. If you are distracted while you are driving by fiddling
with the gadgets and gizmos on the dashboard, eating, applying makeup, or doing any
number of things that drivers are known to do, you are not giving your full attention to the
most important task ahead of you - driving.
Sleepy Driver
A sleepy driver is as dangerous as a drunk driver. Just like someone who is driving while
using drugs or alcohol, a sleepy driver has a slow reaction time, difficulty processing what
he sees and hears and making safe decisions. Some of the most common signs of a sleepy
driver include constant yawning, trouble keeping your head up and your eyes focused, and
as a result, swerving into other lanes. The only solution for drowsiness is to pull over into a
well-lit, safe place and take a nap.
If you are feeling any of these symptoms, coffee or another caffeinated drink may improve
your alertness temporarily. This is a short term improvement, however, not solution. It
doesn't replace a good night's sleep.
Speeding
Even if you are a sober, alert, and focused driver, if you are speeding your chances of
getting into a collision dramatically increase. In fact, speeding is one of the top causes of
collisions. In 2010, the California Highway Patrol reported that speeding was the primary
factor in 29% of fatal and injury collisions. The higher the speed the less likely the driver can
respond in time to any obstacles or other drivers. If you do get into a collision and you or the
other party is speeding, you also increase your chances of getting seriously injured and
damaging your car. The faster you are driving, the greater the force and intensity with which
you will hit the other car, the pole, the tree, or whatever it is that you collide with.
Conviction for most traffic citations will add one point to your record. The exceptions, which
count for two points, are:
Reckless driving
Leaving the scene of a collision
Driving under the influence of alcohol or other drugs
Driving the wrong way on a freeway
Speeding in excess of 100 mph
Participating in a motor vehicle speed contest on a highway
Vehicular manslaughter or causing injury or death while evading police
Using a motor vehicle while committing a crime
Transporting explosives illegally
If the driver causes a crash while committing a traffic violation, one extra point is added to
his record in addition to the violation points. That means a driver who was in a collision
because he was driving recklessly will get a total of three (3) points on his record. A driver is
a negligent operator if he/she accumulates:
The driver can be put on probation for one year (including a six month suspension) or lose
their license. At the end of the suspension or revocation period, drivers need to re-apply for
a license to drive.
A DUI is a misdemeanor punishable by a fine and/or jail time. If anyone is injured from a
collision while a driver is under the influence, the charge becomes a felony. A felony is
punishable by a heavy fine, an automatic jail term, an extended probationary period, and a
permanent criminal record as a convicted felon.
Your Emotional Health
Getting a DUI can be a traumatic event. If you end up in jail for your DUI, it can be
embarrassing to explain this to friends and family. The emotional impact will be much more
devastating if your drunk-driving has injured or killed someone else.
DUI Is Expensive
DUIs are also very expensive offenses. The trial and attorney fees could range between
$5,000 to $8,000 and more. Fines and penalties on average cost about $4,000. And of
course, your insurance rates will skyrocket. Over the course of ten years you could be
paying an extra $20,000 to $30,000 for car insurance. Over a ten-year period, all of these
expenses could add up to over $40,000!
Keep in mind that this is only for the DUI itself. This doesn't include any of the costs
associated with causing a crash while under the influence, such as hospital expenses. The
victim or his family could also file a lawsuit against you and if they win, you can lose
everything you have.
Driving Under the Influence (VC 13352, 13352.5, 23109, 23550, 23550.5, 23552, 23566,
23568)
If you have been convicted of a DUI, you are not allowed to drive with a blood alcohol level
(BAC) of .01 percent or greater while on probation for the DUI. If you are pulled over and
asked to submit a to a Preliminary Alcohol Screening (PAS) test (a breathalyzer test) you
have to accept. If you refuse or if you agree and have a BAC of .01 or greater, a citation will
be issued, your license will be taken, driving privileges will be suspended and your car will
be impounded.
If you have been convicted of two misdemeanor DUIs, your license will be suspended for 90
days. After this point, you can obtain a restricted driver’s license. Regardless of whether it’s
a second or third conviction, you must enroll in a DUI program and must install and maintain
an IID in your vehicle.
If you are convicted of alcohol-related reckless driving and you have had a prior conviction
for alcohol-related reckless driving or DUI within the past ten years, the court will order you
to participate in a licensed DUI program for at least nine months. If you do not enroll in,
participate in, or complete a licensed DUI program, the court has to revoke your probation.
If you are arrested with a BAC of .15 percent or greater, the court can consider installing an
IID for a first-time offender convicted of an alcohol-related DUI.
What should and shouldn't a pedestrian do? Let's see what Maria, a typical suburban
California mom, does when she is a pedestrian. Maria has decided to take a day off from
driving. Instead of driving to the grocery store like she usually does, she's going to walk
there. What are some of the things that Maria has to remember?
CROSS AT INTERSECTIONS AND CROSSWALKS
First of all, Maria knows that when she crosses the street she has to cross at intersections
and inside crosswalks. Maria knows that the grocery store is in the middle of the block and
there is no crosswalk there. It would be easier to run across the street, directly across the
grocery store. But she also knows that it would be illegal and dangerous. So instead, she
walks to the end of the block, where there is a crosswalk.
Once she reaches the crosswalk, she makes sure to look at the signal light. Even though
the light is green, she sees the red hand which tells her not to cross. After the light has
turned green she can safely cross, but only after looking left, right, and left before crossing.
She also makes eye contact with the drivers, so that she knows that they have seen her.
FACE TRAFFIC
Maria lives in a neighborhood where there are sidewalks, so it's very clear as to where she
should be walking. What do you do if there is no sidewalk? By law, if you are walking in an
area outside of a business or residential district and there are no sidewalks, you are
required to walk facing traffic on the left hand side of the road. The only exception to this
law is if you have no safe place to cross the street to get to the left side then you may walk
on the right side of the road with traffic. For safety reasons anytime there are no sidewalks it
is best to walk in the direction facing traffic even if you are within a business or residential
district. It's only by facing the cars that you can ensure that drivers see you. This is also the
best way to see a problem, such as a possible collision, before it happens. Also, stay as far
to the side of the road as possible so that you are away from traffic. By following these two
rules, you will have more time to avoid a dangerous and possibly deadly situation.
BLIND PEDESTRIANS
The final point drivers and pedestrians should remember is that blind or partially blind
pedestrians always have the right-of-way. These people can be identified by their white
canes or seeing eye dogs. They are the most vulnerable of all road users so it is up to the
drivers to ensure that they are not endangered. Drivers are always responsible for these
pedestrians.
Blind pedestrians navigate the streets differently and use different ways of
communicating. For example they rely on the sound of your vehicle to understand if a car is
near, or if they should begin to cross. So drivers should be sure to stop within 5 feet of the
crosswalk to give the pedestrian ample opportunity to hear the car. Drivers of electric or
hybrid cars should be extra cautious around blind pedestrians, because with a car so quiet it
may be impossible for the pedestrian to hear you approaching. Also, when a blind person
pulls in his or her cane and steps away from the intersection, this gesture usually means
that they will not be crossing at this time and for the driver to go.
It is up to the driver to ensure that these pedestrians are safe. If there is any collision or
injury to an impaired pedestrian it is always the driver's fault.
Remember, we are all using the road together, so we should make sure it's safe for
everyone. Pedestrians should know that they should cross at crosswalks and follow light
signals. Drivers should always be aware of pedestrians, scan the road, and make sure to let
pedestrians cross.