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Entries in California Law (8)

Wednesday
Feb152012

New Car Safety Seat Laws for Children in California in 2012

An update to this previous post regarding new child seat safety belt laws in California effective 1/1/12.

Thursday
Dec292011

Child Car Booster Seat Laws in California are Changing on January 1, 2012

Something to be aware of for next year. Earlier this month Governor Brown signed into law SB 929 to change child booster seat requirements and align them with National Highway Transportation Safety Administration standards effective January 1, 2012.

Current law requires children in the State of California under age 6 or under 60 pounds to be seated in a child restraint seat (e.g. booster seat).

The new law changes this requirement to children under 8 years of age, unless they are 4' 9" or taller.

As a father of kids in this age range, I do think this new law makes sense. The lap belt is supposed to cross the hip area, not lie across the tummy, while the shoulder belt should lie across the chest, not hike up the neck. We've experimented and without the booster seats my kids are simply not fully protected and the belt could do some major damage to their small bodies if not situated correctly.

This law is interesting in that it takes away the weight parameter and replaces it with height. Your kid is "off the hook" if they are 4' 9" or taller before the age of 8. Jersey Shore "celebrity" Snooki Polizzi is 4' 9" tall at the age of 23. If she were just slightly shorter perhaps it would be in her interest to use a booster seat in her car.

I digress. It is interesting how laws vary state by state on this issue. The majority of states require kids 7 and under to sit in booster seats, yet it is currently perfectly legal for a 4 year old to use an adult seat belt in the state of Florida, while Arizona and South Dakota allows 5 year olds to wear adult seat belts. At the other extreme, kids under age 9 in Wyoming all must be in kid seats.

Check out www.iihs.org/laws/mapchildrestraintagerequirements.aspx for well organized information regarding child seat belt laws by state.

 

Friday
Apr082011

Californians Help Eliminate All The Evasive Registration Scofflaws Program

I thought this was a pretty clever acronym from the California Highway Patrol so why not share it here. Who knows, if we all participate in the Californians Help Eliminate All The Evasive Registration Scofflaws (CHEATERS) tattletale program, maybe we can eliminate our ongoing budget issues (ha ha)!

Report Vehicles with Out-of-State License Plates to the CHP

Did you know that the State of California loses millions of dollars a year in revenue from California residents who unlawfully register their vehicles in other states or countries?

Did you know that vehicle registration fees are due immediately upon accepting employment or establishing residency in the State of California?

Click to read more ...

Wednesday
Apr062011

California Vehicle Restraint Laws from the California Highway Patrol

CALIFORNIA VEHICLE RESTRAINT LAWS - A REFRESHER

INFANTS AND SMALL CHILDREN

www.chp.ca.gov


V.C. 27360(a) Cite parent/guardian for each child who is not properly restrained in the rear seat unless the child is six years or older or weighs 60 pounds or more.

V.C. 27360(b) Cite driver only if parent is not present.

Exceptions:

  1. Court sanctioned exemption, medical condition, physical unfitness, or size.
  2. Life threatening emergency or transported in authorized emergency vehicle.
  3. Child over 40 pounds in rear seat of vehicle with lap belts only.

Each child is required to be properly restrained in the back seat unless child is six years or older or weighs 60 pounds or more.

Exceptions: V.C. 27360(c) a child or ward under the age of six years who weighs less than 60 pounds may ride in the front seat of a motor vehicle, if properly secured in a Child Passenger Restraint System (CPRS) that meets applicable federal motor vehicle safety standards, under the following circumstances:

  1. There is no rear seat.
  2. The rear seats are side-facing jump seats.
  3. The rear seats are rear-facing seats.
  4. The Child Passenger Restraint System cannot b

Click to read more ...

Thursday
Dec312009

Outlawing Trans Fats and Fast Food

NOTE FROM CONEJO JOE:  THIS WAS ORIGINALLY POSTED ON JULY 31, 2008 BUT WILL TAKE EFFECT TOMORROW, 1/1/10.

Last week Arnold signed AB 97, the California Uniform Retail Food Facilities Law, which outlaws trans fats from restaurant foods by 1/1/10 (with the exception of baked goods, which get a year reprieve to 1/1/11).  This makes California the first state in the nation to enact such a ban and makes use of trans fats a misdemeanor punishable by fines ranging from $25 to $1000 per infraction.

This is not so bad given trans fats, mostly liquid oils made into solid fats like shortening and margarine by partially hydrogenating them, are bad for you!  Consumption of trans fats as we know is linked to heart disease and related ailments.  No doubt this will make it more costly to eat out.  But think of all the savings in medical expenses down the road!  Not to mention, maybe it will create more jobs...for Trans Fat Cops!

McDonalds has stopped using trans fats by switching to Canola Oil blends.  Hot Dog on a Stick uses soy

Click to read more ...

Monday
Dec222008

The Texting While Driving Party is Over in January 2009!

Governor Schwarzenegger signed a law in September that prohibits text messaging while driving. The law takes effect January 1, 2009.

What is this state coming to?? First he outlaws using cell phones in cars. Then he says we can’t smoke when the kids are in the car. Then he outlaws trans fats from my fast food. Now no texting while driving? What’s next? No consumption of trans fat-free chili cheese fries while driving??

Sadly we need to legislate common sense at times, but this law should make the roads a little safer.  A number of Republicans, including local Tony Strickland, voted against the bill because they felt existing laws are sufficient to prosecute distracted driving.  Point taken.

The law, SB 28, indicates that a person cannot drive while using an “electronic wireless communications device” to manually communicate using text messages, instant messages or electronic mail.

OK, Joe Loophole has thought this through. The law says “electronic,” so whoever comes up with the first solar powered wireless device will find a way to get around this law!

The law goes says you are fine to simply read, select or enter a name or phone number or name in the device for purposes of making a call. How a cop will be able to tell the difference between texting and typing a name into a cell phone is beyond me!  Heck, what if you were typing the name Schwarzenegger into your phone!  That should be illegal!

Violation of this law will cost you a base fine of $20 for a first offense and $50 per offense thereafter.

LINK TO DMV TEST MESSAGING AND CELL PHONE LAW OVERVIEW

ADDITIONAL Q&A'S REGARDING TEXTING WHILE DRIVING

Wednesday
Oct012008

Our California Legislators are Hard at Work, Counting Your Calories!

From the good intentions, questionable impact department.  Our Governor signed into law Senate Bill 1420 yesterday, which will require restaurant chains with 20 or more locations to publish the calorie content of their food beginning on 1/1/11. 

The goal was to ensure that we, the ravenous masses, know how many calories we are inhaling so that perhaps we make wiser food choices.  I suppose it may make some of us think twice.  For example, when I see that a Big Mac has 120 calories more than a Quarter Pounder clear as day on that menu, maybe I'll grab the Quarter Pounder.  Yeah, that's it!  I'll go on a Quarter Pounder diet!

The law doesn't apply to chains of 19 or less locations, farmers' markets, grocery stores, commissaries and school cafeterias.  So Mastro's Steakhouse will be at a major advantage as they will not have to tell me I'm eating 3 billion calories in my meal!

The law says that after 1/1/11, "every food facility that uses an indoor menu board shall disclose calorie content information for a standard menu item next to the item on the menu board in a size and typeface that is clear and conspicuous."  All right you brilliant lawmakers, take a look at this Taco Bell menu and tell me how you're gonna fit "clear and conspicuous" calorie information on there!  I already have a hard enough time reading these cluttered menus! 

Perhaps the real goal here is to make menus so incomprehensible that people get fed up and start eating at home!  I heard LensCrafters was a big supporter of this law.

But let's zero in their definition of "standard menu item."  SB 1420 defines this as a food or beverage that is on the menu at least 180 days per calendar year and excludes special orders, alcohol, salad bars and buffets.  Souplantation, you're off the hook!

Loophole Alert!  Hey all they have to do is change the menu every 179 days and the law doesn't apply!  I can see it now.  Carl's Jr., Wendy's and Burger King strike an agreement to swap menus every 179 days just to get around this law.

The law goes on to say that if a menu item is a combination of 2 or more other menu items, then you must show the minimum/maximum calorie counts based on all possible combinations.  El Pollo Loco was shaking in its boots at this one.  Imagine...the kids meal combo has 11 different sides and 3 entrees.  That's 33 different combinations, ignoring beverages!  Uggghhh!

They are letting drive-thru menus off the hook, kind of.  Instead of publishing calories on the drive-thru menu, they can provide a brochure with the calorie counts.  "Hi, I'd like a Double Double and Strawberry Shake please.  But hold on, I would like to review your calorie content brochure prior to placing my order.  Thank you."

Violation of this law will be an infraction, punishable by a fine of $50 to $500.  Watch out for those Calorie Cops!!

Wednesday
May212008

Handheld Cell Phone Law Clarifications...Coming July 1st

Handheld Cell Phone Ban in California on July 1stOne last reminder to dislodge that cell phone from your ear while driving starting Tuesday, July 1st.  The California Wireless Telephone Automobile Safety Act of 2006 takes effect on that date.

Dislodge Phone From Ear!

Many of us are addicted to holding the cell phone to our ear in the car.  Get it out of your system!  Conejo Joe plans to drive the entire weekend of June 28-29 while using a handheld cell phone glued to his ear.  That should do the trick. Or consider moving to our neighbors in Oregon, Nevada, Arizona or Mexico (except Mexico City), where there currently are no bans in place.

You can use a Bluetooth or other type of earpiece to talk on the phone. But you can't have both ears covered.  You can also use a built in hands-free system in your car.

The Speakerphone Loophole?

The California DMV has Q&As about the new law that provide more guidance.  The new law only prohibits using a cell phone unless it is configured to allow hands-free listening and talking, and of course is used in that manner.  But you are not prohibited from using the speakerphone function of your cell phone while driving.  I called the DMV and CHP to confirm this.  The DMV first said "NO!" but when I pointed out the specific answer on the website she backed off and said you can use the speakerphon

Click to read more ...