BILL NUMBER: AB 1854	CHAPTERED
	BILL TEXT

	CHAPTER  415
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  APRIL 15, 2004
	AMENDED IN ASSEMBLY  MARCH 30, 2004

INTRODUCED BY   Assembly Member Simitian

                        JANUARY 29, 2004

   An act to amend, repeal, and add Section 24400 of the Vehicle
Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1854, Simitian.  Motor vehicles:  headlamps:  inclement
weather.
   (1) Existing law requires, with limited exceptions, that, during
darkness, a motor vehicle, other than a motorcycle, be equipped with
at least 2 lighted headlamps.
   This bill, additionally, would require, on July 1, 2005, a motor
vehicle, other than a motorcycle, to be equipped with headlamps
during inclement weather, as defined.
   Because this would expand the scope of an existing crime, this
bill would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 24400 of the Vehicle Code is amended to read:
   24400.  (a) During darkness, every motor vehicle other than a
motorcycle, shall be equipped with at least two lighted headlamps,
with at least one on each side of the front of the vehicle, and,
except as to vehicles registered prior to January 1, 1930, they shall
be located directly above or in advance of the front axle of the
vehicle.  The headlamps and every light source in any headlamp unit
shall be located at a height of not more than 54 inches nor less than
22 inches.
   (b) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute that
is enacted before January 1, 2006, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 2.  Section 24400 is added to the Vehicle Code, to read:
   24400.  (a) During darkness and inclement weather, a motor
vehicle, other than a motorcycle, shall be equipped with at least two
lighted headlamps, with at least one on each side of the front of
the vehicle, and, except as to vehicles registered prior to January
1, 1930, they shall be located directly above or in advance of the
front axle of the vehicle.  The headlamps and every light source in
any headlamp unit shall be located at a height of not more than 54
inches nor less than 22 inches.
   (b) As used in subdivision (a), "inclement weather" 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.
   (c) This section shall become operative on July 1, 2005.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.