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California Department of Motor Vehicles
Media Relations Office
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MS F-122, Sacramento, CA 95818
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Please Note: Effective February 2009 all DMV Field Offices will be closed the first and third Friday of every month. Saturday service has been discontinued.

New Laws for 2009

Sacramento— With 2009 right around the corner, the Department of Motor Vehicles (DMV) reminds motorists of several new laws that will ring in the New Year.

Among the new laws is AB 2241, limits the issuance of temporary operating permits to those individuals whose vehicles have yet to pass a smog check. The law calls for a $50 fee for one 60-day temporary operating permit only if the vehicle has been tested at a smog station and failed. “This new law ensures that vehicles on our highways are properly registered and maintained,” said DMV Director George Valverde. “We also support efforts to reduce emissions which keep Californians healthy.”

In the past, owners were able to secure a temporary operating permit for 60 days or more if, after paying their renewal fees on time, they were unable to get a smog certificate for any reason. The continued operation of vehicles that have not met California’s smog test requirements is estimated to be emitting one to two tons per day of hydrocarbons and oxides of nitrogen.

Another law that will take effect in 2009 is SB 28, which coincides with the cell phone law of 2007 and prohibits text messaging with a cell phone or other text-based communications while driving a vehicle. In all, 1,187 bills were passed and 772 were signed into law – including over 80 changes to the Vehicle Code during the 2008 legislative year. Some of the other changes include fee increases to improve air quality, DUI penalties, and a new special interest license plate take effect on Jan. 1, 2009

Following is an abbreviated summary of the new laws that will take effect Jan. 1, 2009, unless indicated otherwise. A more comprehensive list appears on the DMV Web site at www.dmv.ca.gov.

*Unlicensed Car Dealers (AB 2042/Fuentes) This new law allows law enforcement officers to impound vehicles that are being sold by unlicensed dealers.

*Counterfeit Clean Air Stickers (SB 1720/Lowenthal) This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.

*Text Messaging (SB 28/Simitian) This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.

*DUI Probation License Suspension (AB 1165 Maze) A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

*Temporary Operating Permits (AB2241/Saldana) This law restricts DMV from issuing temporary operating permits to allow more time to obtain a smog certificate as part of the registration renewal process. Under the law, extensions will cost $50 and are only allowed if the vehicle has been tested at a smog station and failed. The extension can be for no more than 60 days from the date registration is due. The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assistance Program (CAP).

*San Joaquin Valley Air Pollution Control District Fee (AB 2522/Arambula) In an effort to fund programs to reduce vehicle emissions, vehicle owners who register their vehicles in San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, and Tulare Counties and Valley portions of Kern County will be assessed an air quality fee of $6.

*New Special Interest Plate (SB 1455/Cogdill) A new “Gold Star Family” special interest license will be available to family members of individuals killed in the line of duty while serving in the Armed Forces during wartime or military operations.

*Motorcycle Definition (AB 2272/Fuentes) This new law changes the definition of a motorcycle, deleting the existing weight limitation of 1500 pounds. It also removes a separate definition for electrically-powered vehicles. This change in law will also allow drivers of fully-enclosed 3-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.

To easily access the California Vehicle Code for further information, log on to the DMV website at www.dmv.ca.gov and click on the “Publications” button in the upper left hand corner of the home page. The DMV driver handbook is also on the web at the same location. The 2009 version of the handbook will be published for distribution to all 169 DMV field officers shortly after the first of the year.

New Laws for 2008 - Driver License

Driving Under the Influence Repeated Offense — Operative January 1, 2009
Amend and Add: Vehicle Code §§13353.1, 13353.2, 22651, 42009, 422010 13389, and 23154 (AB 1165 Chapter 749)

Makes it unlawful for a person who is on probation for a driving-under-the-influence offense to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater.
Imposes an admin per se driver license suspension on persons found to violate this prohibition.

Medical Examination for Special Certificates
Amend: Vehicle code §12517.2 (AB 139 Chapter 158)

Authorizes the medical examination for an original or renewal certificate to drive a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle to be given by a licensed, advanced practice, registered nurse qualified to perform a medical examination or by a licensed physician assistant.

Reporting Abstract of Record of Court
Amend, Repeal and Add: Vehicle Code §1803 (AB 421 Chapter 746)

Reduces the time in which the clerk of a court is required to forward to DMV an abstract of the record of the court from 10 to 5 days after conviction or sentencing.

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Required Declaration on an Original or Renewal Application for a Driver License — Operative July 1, 2008
Add: Vehicle Code §13385 (AB 808 Chapter 748)

Requires an applicant as a condition of obtaining or renewing a driver’s license to sign a declaration acknowledging that a driver may be charged with murder if a person is killed as a result of driving under the influence.

Smoking in Vehicles With Minor Passengers
Add: Health and Safety Code Article 2.5 to chapter 4 of Part 15 of Division 104. Amend: Vehicle Code §12814.6 (SB 7 Chapter 425)

Makes it an infraction punishable by a fine not exceeding one hundred dollars ($100) for a person to smoke a pipe, cigar, or cigarette in a motor vehicle any time a minor is present in the vehicle.

Speed Contests and Reckless Driving
Amend: Vehicle Code §§11110, 11215, 12810, 13201, 13351, 13352, 14601, 21051, 23103, 23104, 40800, 40804, 41610, 42008.5, 42009, and 42010 (AB 430 Chapter 682)

Includes reckless driving on a highway, reckless driving in an off-street parking facility, or exhibition of speed on a highway within the scope of various other existing statutes.

Traffic Violations Adjudication
Amend: Penal Code §1203.4 Vehicle Code §§40501, 41501, and 42005 (AB 645 Chapter 161)

Prohibits the courts from dismissing serious traffic violations through completion of a traffic violator school program or any other court-approved program for safe driving. Serious traffic violations are those that would result in the assessment of two negligent operator points.

Transit Buses Right-of-Way Sign
Add: Vehicle Code §24617 (AB 1492 Chapter 451)

If approved by the Santa Cruz Metropolitan Transit District and the Santa Clara Valley Transportation Authority, this would:
Authorize a transit bus to be equipped with a specified yield right-of-way sign on the left rear of the bus.
Require motorists to yield to a transit bus when the sign is activated.

Wireless Telephones and Mobile Service Devices — Operative July 1, 2008
Amend and Add: Vehicle code §§12810.3, 23123, and 23124 (SB 33 Chapter 214)

Prohibits a person under the age of 18 from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device, as defined.

New Cellular Phone Laws that Go Into Effect July 1, 2008

Cellular Phone Law FAQ’s

Drivers 18 Years and Older
Q: When do the new cellular phone laws take effect?
A: The new laws take effect July 1, 2008.

Q: What if I need to use my phone during an emergency and I do not have a hands-free device?
A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency.

Q: What are the fine(s) if I am convicted?
A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees.

Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law?
A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will a conviction appear on my driving record?
A: Yes, but a violation point will not be added.

Q: I drive a commercial vehicle and my phone has a “push-to-talk” feature that does not require me to place the phone to my ear, will I still be required to use a hands-free device?
A: No, only class “A” or “B” licensees operating a truck tractor as defined in Vehicle Code (VC) §655 or a motor truck as defined in VC §410 are allowed to use a “push-to-talk” feature.

Q: I drive a commercial pickup truck, may I use a two-way radio while driving?
A: No. The exemption does not apply to drivers of pickup trucks with commercial plates, even if the pickup truck is used for commercial purposes, for example, a contractor, landscaper, or other business.

Q: May I use a speaker-phone feature and hold the phone in my hand, but not next to my ear?
A: No. The law requires you use a hands-free device with your phone. A “push-to-talk" feature is not allowed.

Q: My car has a built-in hands-free mobile phone feature. Is this adequate or do I have to buy additional equipment?
A: No. You do not need to purchase additional equipment. You may use your vehicle’s hands-free mobile phone feature.

Q: Can I send a text message on my phone or Personal Digital Assistant (PDA) while driving?
A: No.

Q: Are passengers covered by this law?
A: No, this law applies to the persons driving a motor vehicle.

Minors (Under 18 years of age)
Q: May I use a cellular phone with a hands-free device if I am under 18?
A: No. You cannot use a wireless telephone to speak or text, even if it is equipped with a hands-free device or speaker-phone feature if you are under the age of 18. You are also prohibited from using any other type of mobile service devices, for example, specialized mobile radios, broadband personal communication devices, handheld devices or laptop computers, pagers, or two-way messaging, and texting devices. Exception: Permitted in emergency situations.

Q: If I am under 18, can a peace officer stop me if he/she suspects I am using a cellular phone or other mobile service device?
A: A law enforcement officer may pull you over if he/she observes or determines you are using a cellular phone.

Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be involved in accidents because they lack driving experience and tend to take greater risks. Distractions, such as talking with passengers, eating or drinking, and talking on cellular phones or texting increase the chance you will be involved in a serious accident.

Q: Can my parents give me permission to allow me to use my cellular phone when driving?
A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, health care provider, fire department or other emergency entity.

Q: If I am emancipated, does the restriction apply to me?
A: Yes, the restriction applies to all holders of an instruction permit and all licensed drivers under age 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my cellular phone while driving?
A: No. You may only use a cellular phone or mobile service device in an emergency situation.

Q: If my car has a built in hands-free phone feature, may I use it while driving?
A: No. The law prohibits anyone under 18 years old from using any type of wireless device while driving, except in certain emergency situations.

New Laws for 2008 - Vehicle Registration

Diesel-Powered Vehicles — Operative January 1, 2010
Add: Vehicle Code §4755 (AB 233 Chapter No. 592) Amend, Repeal, and Add: Health & Safety Code §§44010.5, 44011, 44012 (AB 1488 Chapter No. 739)

Prohibits the DMV from registering, renewing the registration, or transferring the ownership of a heavy-duty diesel motor vehicle, as specified, if the owner or operator has an outstanding emissions-related citation until that citation is cleared as determined by the Air Resources Board.
Adds diesel-powered vehicles manufactured after the 1997 model-year that have a gross vehicle weight rating of less than 8,501 pounds to be in the biennial smog check program.

Disabled Parking — Operative January 1, 2008
Amend: Government Code §14679 Amend: Vehicle Code §§22511.59, 22511.8, 42001.13 Add: Vehicle Code §22511.95 (AB 1531 Chapter 413)

Limits the maximum consecutive number of times a person can renew a temporary disability parking placard.
Increases fines for second and third violations related to illegal parking in disabled spaces.
Alters signage and painting requirements for disabled parking spaces of buildings constructed or renovated on or after July 1, 2008.

Increased Fees — Operative July 1, 2008 — Sunsets January 1, 2016
Add: Vehicle Code §§9250.1, 9261.1, and 9853.6 (AB 118 Chapter 750)

Establishes the Enhanced Fleet Modernization Program, the Air Quality Improvement Program, and the Alternative and Renewable Fuel and Vehicle Technology Program (Health and Safety Code) and provides funding for these programs through an increase in the smog abatement fee, the vehicle registration fee, the vessel registration fee, and the identification plate fee.

Off-Highway Motor Vehicles (OHVs) — Sunsets January 1, 2018
Amend: Vehicle Code §§38165, and 38301 Amend and Repeal: Vehicle Code §38225 (SB 742 Chapter 541)

Increases the registration fee for OHVs.
Requires the department, in the design of the OHV identification plate or device, to make the identification number the most prominent feature.

Special License Plates Fee Exemption
Amend: Vehicle Code §§5101.5, 5101.6, and 9105 (SB 386 Chapter No. 357)

Exempts the surviving spouse of a former American Prisoner of War or of a Congressional Medal of Honor recipient from paying specified vehicle-related fees if she/he elects to retain the deceased spouse’s special license plates.
Authorizes a member of the former prisoner of war’s family, or the Congressional Medal of Honor recipient’s family, as defined, to retain one of the special license plates as a family heirloom.

Vessel Emissions Standards — Operative July 1, 2008
Add: Vehicle Code §§9852.9, 9853.7, and 9853.8 (AB 695 Chapter 609)

Prohibits the DMV from registering vessels with stern drive or inboard engines manufactured after January 1, 2008, if they do not meet emissions regulations.
Requires the retail seller to certify on the original application for a CF number if the vessel is in compliance with the emissions regulations
Requires vessels with a spark-ignition marine engine of less than 500 hp manufactured on or after January 1, 2008, or
Vessels with a spark-ignition marine engine with any rated output power manufactured on or after January 1, 2009, to have a permanent affixed label indicating that the engine meets or exceeds the emissions standards, and
Requires the hang tag for the engine to be submitted with the initial application for a CF number.

Year of Manufacture Plates — Operative July 1, 2009
Amend: Vehicle Code §5004.1 (AB 462 Chapter No. 497)

Extends the Year of Manufacture (YOM) license plate program to include 1969 year model or older passenger vehicles and 1972 or older commercial vehicles.
Increases the original YOM application fee (Fee Code 017) to $45.

Motor Carrier Permits
Amend: Vehicle Code §§34623.5, 34630, 34640, and 34671 (AB 913 Chapter 58)

Authorizes the DMV to waive the $150 reinstatement fee if a Motor Carrier Permit was suspended for a lapse in insurance coverage, and it is subsequently found that there was no lapse in coverage.

New Laws for 2008 - Occupational Licensing

Car Buyer’s Bill of Rights
Amend: Vehicle Code §11713.21 (AB 305 Chapter 219)

Allows dealers to increase the restocking fee under circumstances involving the purchase of a leased vehicle by the lessee.

Consumer Protection
Amend and Add: Vehicle Code §§11604, 11703, 11705, 4456.3, and Chapter 11 to Div. 5 (SB 729 chapter 437)

Creates the Consumer Motor Vehicle Recovery Corporation to manage a $5-million recovery fund to compensate consumers who have suffered monetary loss as the result of a vehicle dealership closure or insolvency.
A $1 fee will be collected by the DMV on each vehicle sold by a dealer or lessor/retailer. This fee cannot be passed on to the consumer.

Expands the authority of the DMV to order restitution to victims who have suffered financial loss or damage by a vehicle dealer, manufacturer, distributor and transporter when the occupational license has been suspended or revoked.
Expands DMV’s authority to refuse to issue a license to include until restitution has been paid.

Recreational Vehicle Sales
Add: Vehicle Code §11713.22 (AB 1092 Chapter 406)

Establishes a requirement that a recreational vehicle manufacturer and a dealer authorized by that manufacturer to sell its line of recreational vehicles enter into a written franchise agreement, which is to include specified information.

Traffic Violator School Licensing
Amend: Vehicle Code §§11208, 11219.5 (AB 758 Chapter 396)

Requires DMV to submit a report to the Legislature, by July 1, 2008, containing a plan to consolidate all forms of traffic violation instruction programs under DMV’s licensing authority.
Increases the amount a traffic violator school may charge for a duplicate completion certificate and addresses a fee issue associated with class cancellations.

Important DMV Links & Updates

Links to DMV Website

New Laws for 2009

New Laws for 2008 - Driver License

New Cellular Phone Laws that Go Into Effect July 1, 2008

New Laws for 2008 - Vehicle Registration

New Laws for 2008 - Occupational Licensing