BILL NUMBER: AB 584	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 25, 2009

    An act to amend Section 26708 of the Vehicle Code,
relating to vehicles.   An act to add Chapter 8.1
(commencing with Section 1966) to Division 2.5 of the Streets and
Highways Code, and to amend Sections 21251 and 21260 of  
the Vehicle Code, relating to neighborhood electric vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 584, as amended, Huber.  Vehicles: windshield or side
window view: emergency vehicles.   Neighborhood electric
vehicles.  
   Existing law defines "low-speed vehicle" for purposes of the
Vehicle Code as a motor vehicle, other than a motor truck, with 4
wheels that is capable of a minimum speed of 20 miles per hour and a
maximum speed of 25 miles per hour on a paved level surface and that
has a gross vehicle weight rating of less than 3,000 pounds. Existing
law imposes certain restrictions on the use of low-speed vehicles on
public streets and highways, and generally requires an operator of a
low-speed vehicle to have a driver's license. A low-speed vehicle is
also known as a neighborhood electric vehicle. A violation of the
Vehicle Code is an infraction, unless otherwise specified.  

   Existing law authorizes a city or county to establish a golf cart
transportation plan subject to the review of the appropriate
transportation planning agency and traffic law enforcement agency.
Existing law provides that operating a golf cart other than on an
authorized roadway is an infraction punishable by a fine not
exceeding $100. Existing law authorizes, until January 1, 2012, the
City of Lincoln and the City of Rocklin in the County of Placer to
establish a neighborhood electric vehicle transportation plan and
authorizes, until January 1, 2013, the County of Orange to establish
a neighborhood electric vehicle transportation plan for the Ranch
Plan Planned Community in that county. A person operating a
neighborhood electric vehicle in a plan area in violation of certain
provisions is guilty of an infraction punishable by a fine not
exceeding $100.  
   This bill would authorize the County of Amador and the Cities of
Jackson, Sutter Creek, and Amador City, jointly or individually, to
establish a similar neighborhood electric vehicle plan, and would
make a person in violation of certain provisions subject to the same
penalties. Because the bill would create a new crime, it would impose
a state-mandated local program.  
   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.  
   Existing law prohibits any person, except as specified, from
driving any motor vehicle with any object or material placed,
displayed, installed, affixed, or applied in or upon the vehicle that
obstructs or reduces the driver's clear view through the windshield
or side windows.  
   This bill would exempt from these provisions emergency vehicles,
as defined, if the object or material does not interfere with the
driver's clear view of approaching traffic. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Chapter 8.1 (commencing with Section
1966) is added to Division 2.5 of the   Streets and Highways
Code   , to read:  
      CHAPTER 8.1.  NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION PLAN
FOR THE COUNTY OF AMADOR AND THE CITIES OF JACKSON, SUTTER CREEK,
AND AMADOR CITY


   1966.  It is the intent of the Legislature, in enacting this
chapter, to authorize the County of Amador and the Cities of Jackson,
Sutter Creek, and Amador City to establish a neighborhood electric
vehicle (NEV) transportation plan. The purpose of this NEV
transportation plan is to further the vision of creating a
sustainable development that reduces gasoline demand and vehicle
emissions by offering a cleaner, more economical means of local
transportation within the plan area. It is the further intent of the
Legislature that this NEV transportation plan be designed and
developed to best serve the functional travel needs of the plan area,
to have the physical safety of the NEV driver's person and property
as a major planning component, and to have the capacity to
accommodate NEV drivers of every legal age and range of skills.
   1966.1.  The following definitions apply to this chapter:
   (a) "Plan area" means any portion of the unincorporated area of
the County of Amador, and of the Cities of Jackson, Sutter Creek, and
Amador City, and any streets and roads under the jurisdiction of any
of those entities, to the extent the entity has adopted a NEV
transportation plan pursuant to Section 1966.2, including the
privately owned land of any owner that consents to its inclusion in
the plan.
   (b) "Neighborhood electric vehicle" or "NEV" means a low-speed
vehicle as defined by Section 385.5 of the Vehicle Code.
   (c) "NEV lanes" means all publicly or privately owned facilities
that provide for NEV travel including roadways designated by signs or
permanent markings which are shared with pedestrians, bicyclists,
and other motorists in the plan area.
   1966.2.  (a) The County of Amador, and the Cities of Jackson,
Sutter Creek, and Amador City, jointly, or any of these entities
individually, may, by ordinance or resolution, adopt a NEV
transportation plan for the plan area.
   (b) The transportation plan shall have received a prior review and
the comments of the Amador County Transportation Commission and any
agency having traffic law enforcement responsibilities in an entity
adopting a plan.
   (c) The transportation plan may include the use of a state
highway, or any crossing of the highway, subject to the approval of
the Department of Transportation.
   1966.3.  The transportation plan shall include, but need not be
not limited to, all of the following elements:
   (a) Route selection, which includes a finding that the route will
accommodate NEVs without an adverse impact upon traffic safety, and
will consider, among other things, the travel needs of commuters and
other users.
   (b) Transportation interfacing, which shall include, but not be
limited to, coordination with other modes of transportation so that a
NEV driver may employ multiple modes of transportation in reaching a
destination in the plan area.
   (c) Provision for NEV-related facilities, including, but not
limited to, special access points, special NEV turnouts, and NEV
crossings.
   (d) Provisions for parking facilities at destination locations,
including, but not limited to, community commercial centers, golf
courses, public areas, and parks.
   (e) Provisions for special paving, road markings, signage, and
striping for NEV travel lanes, road crossings, parking, and
circulation, as appropriate.
   (f) Provisions for NEV electrical charging stations.
   (g) NEV lanes for the purposes of the transportation plan shall be
classified as follows:
   (1) Class I NEV routes provide for a completely separate
right-of-way for the use of NEVs.
   (2) Class II NEV routes provide for a separate striped lane
adjacent to roadways with speed limits of 55 miles per hour or less.
   (3) Class III NEV routes provide for shared use by NEVs with
conventional vehicle traffic on streets with speed limits of 55 miles
per hour or less.
   1966.4.  If an entity adopts a NEV transportation plan for the
plan area pursuant to Section 1966.2, it shall do both of the
following:
   (a) Establish minimum general design criteria for the development,
planning, and construction of separated NEV lanes, including, but
not limited to, the design speed of the facility, the space
requirements of the NEV, and roadway design criteria, if the plan
envisions separated NEV lanes.
   (b) In cooperation with the department, establish uniform
specifications and symbols for signs, markers, and traffic control
devices to control NEV traffic; to warn of dangerous conditions,
obstacles, or hazards; to designate the right-of-way as between NEVs,
other vehicles, and bicycles, as may be applicable; to state the
nature and destination of the NEV lane; and to warn pedestrians,
bicyclists, and motorists of the presence of NEV traffic.
   1966.5.  If an entity adopts a NEV transportation plan for the
plan area pursuant to Section 1966.2, it shall also adopt all of the
following as part of the plan:
   (a) NEVs eligible to use NEV lanes shall meet the safety
requirements for low-speed vehicles as set forth in Section 571.500
of Title 49 of the Code of Federal Regulations.
   (b) Minimum safety criteria for NEV operators, including, but not
limited to, requirements relating to NEV maintenance and NEV safety.
Operators shall be required to possess a valid California driver's
license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 (commencing with Section 16000) of
Division 7 of the Vehicle Code.
   (c) (1) Restrictions limiting the operation of NEVs to NEV routes
identified in the transportation plan, and allowing only those NEVs
that meet the safety equipment requirements specified in the plan to
be operated on those routes.
   (2) Any person operating a NEV in the plan area in violation of
this subdivision is guilty of an infraction punishable by a fine not
exceeding one hundred dollars ($100). 
   SEC. 2.    Section 21251 of the   Vehicle
Code   is amended to read: 
   21251.  Except as provided in Chapter 7 (commencing with Section
1963)  and   ,  Chapter 8 (commencing with
Section 1965)  , and Chapter 8.1 (commencing with Section 1966)
 of Division 2.5 of the Streets and Highways Code, and Sections
4023, 21115, and 21115.1, a low-speed vehicle is subject to all the
provisions applicable to a motor vehicle, and the driver of a
low-speed vehicle is subject to all the provisions applicable to the
driver of a motor vehicle or other vehicle, when applicable, by this
code or another code, with the exception of those provisions that, by
their very nature, can have no application.
   SEC. 3.    Section 21260 of the   Vehicle
Code   is amended to read: 
   21260.  (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 7
(commencing with Section 1963)  or   ,
Chapter 8 (commencing with Section 1965)  , or Chapter 8.1
(commencing with Section 1966)  of Division 2.5 of the Streets
and Highways Code, the operator of a low-speed vehicle shall not
operate the vehicle on any roadway with a speed limit in excess of 35
miles per hour.
   (b) (1) The operator of a low-speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
   (2) Notwithstanding paragraph (1), the operator of a low-speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low-speed vehicle.
   SEC. 4.   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.  
  SECTION 1.    Section 26708 of the Vehicle Code is
amended to read:
   26708.  (a) (1) A person shall not drive any motor vehicle with
any object or material placed, displayed, installed, affixed, or
applied upon the windshield or side or rear windows.
   (2) A person shall not drive any motor vehicle with any object or
material placed, displayed, installed, affixed, or applied in or upon
the vehicle that obstructs or reduces the driver's clear view
through the windshield or side windows.
   (3) This subdivision applies to a person driving a motor vehicle
with the driver's clear vision through the windshield, or side or
rear windows, obstructed by snow or ice.
   (b) This section does not apply to any of the following:
   (1) Rearview mirrors.
   (2) Adjustable nontransparent sunvisors that are mounted forward
of the side windows and are not attached to the glass.
   (3) Signs, stickers, or other materials that are displayed in a
7-inch square in the lower corner of the windshield farthest removed
from the driver, signs, stickers, or other materials that are
displayed in a 7-inch square in the lower corner of the rear window
farthest removed from the driver, or signs, stickers, or other
materials that are displayed in a 5-inch square in the lower corner
of the windshield nearest the driver.
   (4) Side windows that are to the rear of the driver.
   (5) Direction, destination, or termini signs upon a passenger
common carrier motor vehicle or a schoolbus, if those signs do not
interfere with the driver's clear view of approaching traffic.
   (6) Rear window wiper motor.
   (7) Rear trunk lid handle or hinges.
   (8) The rear window or windows, if the motor vehicle is equipped
with outside mirrors on both the left- and right-hand sides of the
vehicle that are so located as to reflect to the driver a view of the
highway through each mirror for a distance of at least 200 feet to
the rear of the vehicle.
   (9) A clear, transparent lens affixed to the side window opposite
the driver on a vehicle greater than 80 inches in width and that
occupies an area not exceeding 50 square inches of the lowest corner
toward the rear of that window and that provides the driver with a
wide-angle view through the lens.
   (10) Sun screening devices meeting the requirements of Section
26708.2 installed on the side windows on either side of the vehicle's
front seat, if the driver or a passenger in the front seat has in
his or her possession a letter or other document signed by a licensed
physician and surgeon certifying that the person must be shaded from
the sun due to a medical condition, or has in his or her possession
a letter or other document signed by a licensed optometrist
certifying that the person must be shaded from the sun due to a
visual condition. The devices authorized by this paragraph shall not
be used during darkness.
   (11) An electronic communication device affixed to the center
uppermost portion of the interior of a windshield within an area that
is not greater than 5 inches square, if the device provides either
of the following:
   (A) The capability for enforcement facilities of the Department of
the California Highway Patrol to communicate with a vehicle equipped
with the device.
   (B) The capability for electronic toll and traffic management on
public or private roads or facilities.
   (12) A portable Global Positioning System (GPS), which may be
mounted in a 7-inch square in the lower corner of the windshield
farthest removed from the driver or in a 5-inch square in the lower
corner of the windshield nearest to the driver, if the system is used
only for door-to-door navigation while the motor vehicle is being
operated and outside of an airbag deployment zone.
   (13) Emergency vehicles as defined in Section 165, if the object
or material does not interfere with the driver's clear view of
approaching traffic.
   (c) Notwithstanding subdivision (a), transparent material may be
installed, affixed, or applied to the topmost portion of the
windshield if the following conditions apply:
   (1) The bottom edge of the material is at least 29 inches above
the undepressed driver's seat when measured from a point 5 inches in
front of the bottom of the backrest with the driver's seat in its
rearmost and lowermost position with the vehicle on a level surface.
   (2) The material is not red or amber in color.
   (3) There is no opaque lettering on the material and any other
lettering does not affect primary colors or distort vision through
the windshield.
   (4) The material does not reflect sunlight or headlight glare into
the eyes of occupants of oncoming or following vehicles to any
greater extent than the windshield without the material.
   (d) Notwithstanding subdivision (a), clear, colorless, and
transparent material may be installed, affixed, or applied to the
front side windows, located to the immediate left and right of the
front seat if the following conditions are met:
   (1) The material has a minimum visible light transmittance of 88
percent.
   (2) The window glazing with the material applied meets all
requirements of Federal Motor Vehicle Safety Standard No. 205 (49
C.F.R. 571.205), including the specified minimum light transmittance
of 70 percent and the abrasion resistance of AS-14 glazing, as
specified in that federal standard.
   (3) The material is designed and manufactured to enhance the
ability of the existing window glass to block the sun's harmful
ultraviolet A rays.
   (4) The driver has in his or her possession, or within the
vehicle, a certificate signed by the installing company certifying
that the windows with the material installed meet the requirements of
this subdivision and identifies the installing company and the
material's manufacturer by full name and street address, or, if the
material was installed by the vehicle owner, a certificate signed by
the material's manufacturer certifying that the windows with the
material installed according to manufacturer's instructions meets the
requirements of this subdivision and identifies the material's
manufacturer by full name and street address.
   (5) If the material described in this subdivision tears or
bubbles, or is otherwise worn to prohibit clear vision, it shall be
removed or replaced.