New year, new state laws face California drivers, workers, families

January 6, 2021 | 5:00 am


The New Year means new rules for Californians, including for drivers.

New state laws for 2021 include those aiming to crack down even more on distracted driving, protecting crews working on the side of the road, and preventing those who break into a car to rescue a child from facing charges, among others. Read on to learn more about these new laws.

License Points for Distracted Driving (AB 47): Drivers who violate the hands-free law by using a handheld cell phone while driving for a second time within 36 months will have a point added to their driver’s record. It is currently punishable by a fine. This applies to the violations of talking or texting while driving (except for hands-free use) and to any use of these devices while driving by a person under 18 years of age. (Begins July 1)

“Move Over, Slow Down” Amendments (AB 2285): Drivers coming up on a stationary emergency vehicle displaying emergency lights — applying to local streets and road now, and not just freeways — will be required to move to another lane if possible or slow to a reasonable speed. It also applies to tow trucks and Caltrans vehicles. This extends the state’s “Move Over, Slow Down” law that went into effect in 2020, which allows authorized emergency vehicles to use a “Hi-Lo” warning sound, different from a siren, to let the public know they need to evacuate an area in an emergency. Learn more about work zone safety awareness at bit.ly/workzoneaware. (Begins Jan. 1)

Unattended Children in Motor Vehicles (AB 2717): A person damages a vehicle while rescuing a child from a vehicle from heat, cold, lack of ventilation or other dangers will be exempt from civil or criminal liability or trespassing. The law only applies if the child is 6 years old or younger under dangerous conditions “that reasonably could cause suffering, disability, or death.” The steps that should be taken include calling 911, ensuring the vehicle is locked and there is no other way to enter the car without forced entry, and having a “good faith belief” that rescuing the child is necessary due to imminent potential harm. (Begins Jan. 1)

Real ID Deadline (AB 1480): The deadline to get a Real ID driver’s license or state ID card is Oct. 1, 2021, according to the California DMV. If you want to continue using your driver’s license or ID card to “board domestic flights within the U.S.” and “enter secure federal facilities,” it is recommended that you apply. People must complete the online application and bring required documents before visiting a field office.

 

OTHER NON-VEHICLE LAWS FOR 2021

Minimum Wage : As part of California’s continued incremental raising of the minimum wage, it will go up to $14 per hour on Jan. 1 for employers with 26 or more employees. Businesses with 25 or fewer employers must increase minimum wage to $13 per hour. Minimum wage may be higher where you live already based on local laws.

Use of Force: The law requires law enforcement policies to require officers to immediately report potential excessive force, and to intercede when present and observing an officer using excessive force. The bill would also prohibit retaliation against officers who report violations of law or regulation of another officer to a supervisor. Another law (AB 1196) prohibits police from using chokeholds and carotid holds after a number of high-profile deaths in police custody around the nation. Learn more about Kern County’s ongoing issue with excessive force at bit.ly/kernprotests.

Sheriff Oversight: This law authorizes counties to establish sheriff oversight boards and an office of inspector general and empowers them to issue subpoenas “when deemed necessary to investigate a matter within their jurisdiction.” Click here to learn more about the settlement between the California Department of Justice and Kern County Sheriff’s Office after an investigation into civil rights violations and excessive force allegations, some of which stem from Chain | Cohn | Stiles cases.

Employment Safety (AB 685): Employers must inform employees and take measures if COVID-19 exposure occurs. The employer will be required to provide written notice of exposure to employees on the worksite premises, as well as provide information about COVID-related benefits to exposed workers. The employer must also report the exposure to their local public health agency within 48 hours. Learn more about worker safety issues, and benefits available to workers who contract COVID-19 at work, by clicking here.

Family and Medical Leave (SB 1383): People who directly employ five or more employees will be required to provide unpaid family and medical leave to those who qualify. It also will allow employees to take protected leave to care for an expanded set of family members.

Prisoner Gender Identity: The California Department of Corrections and Rehabilitation will be required by law to ask all inmates for their gender identity, and to recognize and address inmates by their gender pronoun in all communications. The law also stipulates that transgender inmates must be housed at a facility matching their gender identity, unless the department can provide “a specific and articulable basis” for denying that housing due to security or management concerns. Under the law, transgender, non-binary and intersex inmates must be searched by an officer whose gender identity matches that of the inmate, or by an officer whose gender matches the designation of the facility housing the inmate if the inmate’s gender identity cannot be determined.

———

‘Drive like you work here’: Use extra caution to protect road workers and others

April 17, 2019 | 6:00 am


Each spring, “National Work Zone Awareness” reminds drivers to use extra caution in construction zones. And with the various construction projects taking place throughout Bakersfield and Kern County, the message of safety is that much more important.

While you’re driving through these zones, the U.S. Department of Transportation and Chain | Cohn | Stiles wants you to remember this year’s safety slogan: “Drive like you work here” to keep yourself and others safe.

“The people working to improve our roadways are just like you and I. We all want to get home to our families after a hard day’s work,” said David Cohn, managing partner of Chain | Cohn | Stiles. “Let’s make sure we always slow down and be extra alert in construction zones.”

Since 2000, Federal Highway Administration has worked with the American Association of State Highway and Transportation Officials and the American Traffic Safety Services Association to bring national attention to motorist and worker safety and mobility issues in work zones through National Work Zone Awareness. In Bakersfield, construction has been ongoing as workers continue working on the Centennial Corridor, a four-phase freeway project that eventually will connect the Westside Parkway to Highway 99, and the Highway 58 and Highway 99 connector ramps. Construction of “Phase 4” is expected to begin this summer, and the entire Centennial Corridor Project is expected to be finished in 2022, according to local media reports.

Unfortunately, many dangers lurk for road workers, which include crashes that result in injuries and even death. In 2017, the most recent year with complete statistics available, the United States saw 132 worker fatalities in road construction sites, 222 fatal work zone crashes involving large trucks and buses, and 203 fatal work crashes where speeding was a factor, according to the federal department of transportation.

In fact, speed is a contributing factor in almost 29 percent of 2017 fatal work zone crashes, according to the department of transportation. Speeding drivers are less likely to safely navigate the roadway conditions, lane closures, lane shifts, rough surfaces, and other conditions that are common in work zones. Distracted driving is also a big concern.

In California alone since 1921, 189 Caltrans employees have been killed on the job. In 2017, 46 people were killed and more than 3,000 injured from crashes that happened in construction zones, according to data from the California Highway Patrol. California’s “Move Over Law,” which went into effect in 2007, requires drivers approaching Caltrans vehicles, tow trucks or emergency vehicles with flashing lights to move over a lane if safe to do so.

When traveling through work zones, drivers should practice the following work zone safety tips:

  • Plan ahead. Expect delays, plan for them, and leave early to reach your destination on time. When you can, avoid work zones altogether by using alternate routes.
  • Obey road crews and signs. When approaching a work zone, watch for cones, barrels, signs, large vehicles, or workers in bright-colored vests to warn you and direct you where to go.
  • Slow down. Look for signs indicating the speed limit through the work zone. Keep a safe distance from the vehicle ahead of you and follow the posted speed limit.
  • Move over. California has move-over laws when passing work crews and official vehicles parked on the shoulder with flashing warning lights.
  • Avoid distractions. Keep your eyes on the road and off your phone. Just drive.
  • Watch for sudden stoppages. In 2017, 25 percent of fatal work zone crashes involved rear-end collisions.
  • Watch for large vehicles. Don’t make sudden lane changes in front of trucks that are trying to slow down. In 2017, 50 percent of fatal work zone crashes involving large trucks or buses occurred on rural roadways. Between 2013 and 2017, fatal work zone crashes involving large trucks increased by 43 percent.

———

If you or someone you know is injured in a work zone accident, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

———

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.