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January 2005.
There Oughta
Be a Law!
New Laws for California
Cruisin' in 2005
2004 was a banner year for legislation in California.
Ah-nuld lived up to his Governator moniker by
terminating more legislation with a veto than any
other Governor since the legislature started doin’ it
up full time in 1967. Lawmakers sent over 1,200 bills to
Ah-nuld. Mr. Schwarzenegger signed 959 bills and
vetoed 311 others. Gray Davis holds the “Writers Cramp
Crown” for California by signing 1,168 bills into law
in 2002. Some of our new laws were emergency measures,
taking effect immediately, but most new laws took effect
silently on January 1, 2005 with little or no
fanfare. Pull your sunglasses down a smidge and
take a look at some of the new laws affecting
motorcyclists in the Golden State.
Motorcycle Handlebar Height
You’ve got apes and the “man” is itchin’ for a
reason to pull you over. ABATE’s handlebar
height modification bill passed both houses with near
unanimous consent and changes handgrip height to 6
inches above your shoulders. If you continue to get
ticketed, be sure to fight the ticket within the
prescribed time limitations, utilizing the trial by
declaration manuever and as many continuances as
allowed. Also, don't forget to register your
encounter with Splatt’s Motorcycle Citation Database
at www.bikernation.us.
AB 2844, La Suer.
Speeding 100 MPH Fine Increase
You’ve got too much money and installed a new nitrous
system to keep up with the sport bikes. Impatient
as you are, you just couldn’t wait to get to the
track, so you tried it out on the I-5, passing a CHP
before you could shut it down! Drivers caught for a
second offense at over 100 mph will face a $750 fine. A
third violation will cost $1,000. AB 2237, Parra.
Insurance Coverage Verified Electronically
You can barely afford your bike payment and you’ve
let your insurance policy lapse. This new law
establishes a mandatory requirement that insurance
companies electronically submit insurance information to
the DMV. It also allows the department to cancel a
vehicle's registration if an insurance company reported
that the insurance has lapsed. This cancellation policy
affects originals, transfers, and renewals of
registration. Implementation 9/20/2005. SB
1500, Speier.
Insurance, Electronic Verification
Come 2006, Smokey will be able to call in your license
plate number and find out that your insurance policy has
lapsed. This law requires the DMV, by July 1, 2006, to
establish a method by which law enforcement may
electronically verify financial responsibility for a
vehicle registered on the department's database.
Implementation 9/01/2006. AB 2709, Levine.
Vehicle Insurance Pricing
Still can’t afford insurance? Auto insurance companies
will be required to list the price of their lowest-cost
policy either on the Internet or by calling a toll-free
telephone number.
Motor Scooters
Modified exhaust and noise issues affect the little guys
too. This law requires operators of motorized scooters,
the ones with handlebars, to hold a Class C drivers
license or instruction permit. Cities or counties are
now authorized to pass ordinances to regulate operation
of these scooters on local streets and highways. It also
requires that scooters meet specified exhaust and noise
requirements, and that manufacturers provide information
for lawful operation. AB 1878, Chan.
Riding Drunk
I know nobody reading this is stoopid enough to
drink and ride, but if you do, this new law increases
the time period from seven to ten years during which
arrests and/or convictions of DUI violations will be
counted as prior offenses for the purposes of increased
driver license penalties. It also requires the court to
order a person convicted of a prior DUI to complete an
alcohol and drug problem assessment program even though
that prior conviction occurred more than ten years ago
and authorizes the court to order the person to complete
a repeat offender treatment program. It expands
court-ordered participation in a county alcohol and drug
problem assessment program to all persons convicted of a
second or subsequent DUI offense that occurred within
ten years of a prior offense. SB 1694, Torlakson/Speier.
Interference with Traffic Devices
You thought you were pretty cool when you
scored a MIRT off eBay, ($400) strapped it to your scoot
and got green lights everywhere you went. Well, your
Mobile Infrared Transmitter just got outlawed. This law
prohibits the purchase, possession, manufacture,
installation and distribution of electronic devices for
vehicles which are designed to interrupt, pre-empt or
override traffic signal lights. SB 1085, Murray.
Note: AB 340, Frommer, makes the offense a $5000 fine if
everyone lives to tell about it.
Speed Contests = Community Service
This new law requires the court to order a
person convicted of a first violation of a speed contest
to perform 40 hours of community service. If the
offender's license privilege is suspended, proof of
financial responsibility is required for reinstatement.
SB 1541, Margett.
Warning; The Los Angeles City Council enacted Municipal
Code 41.70.2 (Nuisance Vehicles), to provide for the
seizure and forfeiture of vehicles used in motor vehicle
speed contests and exhibition of speed. Our Biker
brethren in Los Angeles warn that authorities can now
confiscate and CRUSH your bike if you’re caught racing
off a light at an intersection.
Smog Check for Trailer Trash
You trailer to Laughlin? Not only is that a
crime, but this measure which goes into effect April 1,
2005 repeals the rolling Smog Check exemption for motor
vehicles 30 years and older. 1975 model year and older
motor vehicles are permanently exempt from emissions
testing, while newer model year motor vehicles remain
subject to the biennial (every other year) compliance
requirement of the vehicle inspection and maintenance
(Smog Check) program. AB 2683, Lieber.
Windshield Wipers On = Headlights On
Maybe some of those new Gold Wings have
windshield wipers, but my barge doesn’t. It’s
alright, motorcycles are exempt since our headlights are
on all the time anyway. All other vehicles gotta have
their headlights on if driving in "inclement
weather", which is a weather condition that is
either of the following: (1) A condition that prevents a
driver of a motor vehicle from clearly discerning a
person or another motor vehicle on the highway from a
distance of 1,000 feet. (2) A condition requiring the
windshield wipers to be in continuous use due to rain,
mist, snow, fog, or other precipitation or atmospheric
moisture. AB 1854, Simitian.
Parking in Handicapped Spaces
Some of our riding Vets may need a heads up on
this one. This new law requires the DMV to develop and
issue a form to persons that are issued disabled person
or disabled veteran license plates to identify the
person to whom the plates were issued. It also allows
law enforcement to confiscate the plates when they are
used illegally. These are anti-fraud measures to
discourage wrongful use of placards.
Implementation July 1, 2005. AB 1138, Frommer.
Sex Offenders Online
You’ve arranged a sordid rendezvous with a hot date
from www.bikerdate.com. You’ve even gone to the
drug store to buy some spark plug covers, but you don’t
really trust him/her just yet. The California
Department of Justice has made the list of over 63,000
registered sex offenders available online. Searchable
every which way at http://www.caag.state.ca.us/megan/
with pictures, addresses, maps, details of his/her
particular perversion and everything! AB 488,
Parra.
Workers’ Comp Fraud Violators Listed Online
I knew a guy once that blew a left nut at work,
scored a new bike, and then went to work down the street
and blew the same nut again to buy another bike.
This new law requires the Department of Insurance to
post information for each person, association or
business convicted of an insurance fraud violation
involving workers' compensation insurance, services, or
benefits on its internet website for five years.
AB 2866, Frommer.
Late Penalties and Exemptions for Deployed
Military
Support Our Troops! Assembly Bogh is a
good guy, and Biker Friendly! This new law requires the
DMV to waive all penalties for the late payment of
vehicle registration renewal fees if the vehicle owner
is a member of the armed forces, armed forces reserve,
or National Guard and was on active-duty deployment
outside of the state when the fees became due. The
deployment must be during a period of combat or homeland
defense as specified by Presidential Executive
order. AB 1787, Bogh.
Californians Can VOTE While Overseas
So it doesn’t apply to elections held while
you’re cruising Main Street in Sturgis, but this law
allows a California voter who is temporarily living
outside the United States to vote by facsimile (FAX) if
necessary to cast a ballot by Election Day.
Already in effect as an urgency measure, it is a
pilot program that expires Jan. 1, 2009. AB 2941, Bates.
Let the Cell Phone Bans Begin
How many times have you narrowly escaped
becoming a hood ornament to an idiot blabbing on
his/her cell phone while driving? This new law makes it
unlawful to drive a school bus or transit vehicle while
using a wireless telephone. AB 2785, Nakano.
Lookin' for a New Bike? New Fed Law Grants
Credit Reports for FREE
Maybe you're looking to buy a new bike this
year, but you're worried about your credit? You can get
a FREE copy of your credit report every year now. The
Fair and Accurate Credit Transactions Act (FACT) was
phased in for western states on 12/1/2004, and requires
the three national agencies that compile credit reports,
Equifax, Experian and Trans Union, to provide consumers,
upon request, one free copy of their individual reports
annually. Each company must provide one free copy to
every consumer who requests one. Your credit score is
NOT provided, you'll still have to pay for that,
tight-ass!
Here's a helpful hint; DON'T get all three reports at
one time. Spread it out. Call Equifax in March. Let 4
months lapse. Call Experian in July, and then call Trans
Union in November. This will keep you on top of possible
fraud all year long.
May is Motorcycle
Awareness Month in California.
Though this one ain't really
official just yet, ABATE is working hard to get a joint
resolution passed from both houses of the
California legislature to pronounce May as
Motorcycle Awareness Month in California. Assuming
everything goes well, we hope to be presented with
a shiny new piece of hardware on April 18, 2005 at the
California Motorcycle Awareness Rally on the south side
of the State Capitol. Tell your boss you're going to be
"sick" on that day and plan to be there by
11:30 am. All brands are invited and encouraged to
attend. And who knows? Maybe even the Governator
might ride up on that shiny chrome scoot you see in
all the magazines! Do your part and give him an invite!
One simple line, with NO politics, "Please
try to find time in your busy schedule to stop by
the California Motorcycle Awareness Rally at the State
Capitol on April 18, 2005. 11:30 am."
Write: Governor Arnold Schwarzenegger, State
Capitol Building, Sacramento, CA 95814 or utilize this
handy web form for a quicker response: http://www.govmail.ca.gov/.
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