Watch what you do in 2022 … on our roadways, that is.
For the New Year, several new laws will affect roadway safety, including new penalties for street racing “sideshows”, changes in speed limit rules, license points for distracted drivers, rules for riding an equestrian animal on paved roads, and the extension of cocktails to go. The laws are relevant for the Law Offices of Chain | Cohn | Stiles, as the attorneys focus on accident and injury case, including motor vehicle accident cases. Learn more about the new laws below:
‘SIDESHOW’ STREET RACING PENALTIES (AB 3)
Assembly Bill 3 is designed to curb illegal street racing locally and statewide. The bill, which was authored by Assemblyman Vince Fong (R-Bakersfield) applies penalties used against illegal speed racing and implement them against exhibitions of speed as well. Such exhibitions include the burning out of tires, revving of engines, performing stunts, and other activity intended for an audience or “sideshow” that ultimately leads to a speed contest. Specifically, the vehicle code will define “sideshow” as an “event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving for spectators.
The bill passed with “overwhelming bipartisan support,” The Bakersfield Californian reported.
“I authored this bill in response to what our local law enforcement officials have conveyed as a troubling and problematic trend in our neighborhoods,” Fong said in the statement. “We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.”
As for penalties, courts will be permitted to suspend a driver’s license between 90 days and six months. (effective July 1, 2025). The courts will be required to consider a defendant’s medical, personal, or family hardship that requires a person to have a driver’s license before determining whether to suspend a person’s driver’s license.
The issue hits close to home for Chain | Cohn | Stiles, which is representing one of the children who suffered major injuries in that November 2019 crash that killed 58-year-old Maria Blaney Navarro. And attorney Matt Clark has been featured in local news interviews on the issue.
DISTRACTED DRIVER POINTS (AB 47)
Assembly Bill 47 states that a driver convicted of using a mobile phone without a hands-free device for a second time within a 36-month period will have a point added to his or her license. The first violation 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.
SPEED LIMITS (AB 43)
Assembly Bill 43 authorizes local authorities to reduce speed limits to protect the safety of vulnerable groups such as pedestrians and cyclists. This law gives California cities more control to set speeds based on safety. Currently, the state largely has authority over speed limits and sets them based on the movement speed of 85% of traffic on any given street. AB 43 would allow cities to reduce speeds by increments of 5 mph by letting local officials factor the safety of pedestrians and cyclists when conducting the speed traffic surveys California uses to determine streets’ speed limits. The bill requires that cities take into account the presence of vulnerable groups, including children, seniors, the unhoused and persons with disabilities when setting speed limits, and would permit cities to reduce speed limits on streets with a track record of traffic safety issues, including school zones, according to Natural Resources Defense Council.
HELMETS AND EQUESTRIAN ANIMALS (AB 974)
Assembly Bill 974 requires anyone under 18 years old who rides an equestrian animal — horses, mules and donkeys — on a paved highway to “wear a properly fitted and fastened helmet.” The legislation is intended to enforce the same requirements for youths who ride bikes, non-motorized scooters, skateboards, in-line and roller skates. The new law also requires a person of any age to wear reflective gear or a lamp while riding equestrian animals after dark on paved highways. Fines for first-time violators are $25 per infraction. However, anyone using an equestrian animal in a parade or festival is exempt from the helmet and gear provisions, according to the legislation.
VEHICLES ON RESERVATIONS (AB 798)
Assembly Bill 798 removes restrictions previously imposed on federally recognized Native American tribes operating emergency vehicles on their reservations. There are 109 designated tribes statewide, one of which is in Kern County (Tejon Indian Tribe). The bill specifically permits all the tribes to acquire and deploy ambulances, as well as firefighting and other emergency vehicles, without the state requiring that the vehicles be inspected by the CHP, and without those individuals who may legally operate them having to go through the Department of Motor Vehicles for special licenses. Previously, the state treated tribal emergency vehicles the same as privately operated ones, mandating rigorous inspection and licensing. However, the legislation recognized that the tribes are sovereign and self-governing, and that imposing a lengthy approval process was unjustified.
COCKTAILS TO-GO (SB 389)
Senate Bill 389 allows restaurants to continue selling cocktails and wine to go until Dec. 31, 2026. However, the delivery of cocktails ended Dec. 31, 2021. To-go alcohol began after the start of the COVID-19 pandemic.
Of course, never take a sip while in your vehicle. Please, always drive sober!