BILL NUMBER: SB 878	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to amend Section 24409 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 878, as introduced, DeSaulnier. Vehicles: headlights: use of
multiple beams.
   (1) Existing law requires, whenever a motor vehicle is being
operated during darkness, a driver to use a distribution of light, or
composite beam, directed high enough and of sufficient intensity to
reveal persons and vehicles at a safe distance in advance of the
vehicle, subject to the specified requirements and limitations. A
violation of the Vehicle Code is a crime.
   This bill would revise these specified requirements and
limitations to prohibit the use of light of such an intensity that it
poses a distraction to drivers of oncoming vehicles and to drivers
of vehicles being followed. By expanding the scope of an existing
crime, the 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 24409 of the Vehicle Code is amended to read:
   24409.  Whenever a motor vehicle is being operated during
darkness, the driver shall use a distribution of light, or composite
beam, directed high enough and of sufficient intensity to reveal
persons and vehicles at a safe distance in advance of the vehicle,
subject to the following requirements and limitations:
   (a) Whenever the driver of a vehicle approaches an oncoming
vehicle within 500 feet,  he   the driver 
shall use a distribution of light or composite beam so aimed that the
glaring rays are not projected into the eyes of the oncoming driver
 and shall not use a light of such intensity that it poses a
distraction to drivers of oncoming vehicles  .  The
lowermost distribution of light specified in this article shall be
deemed to avoid glare at all times regardless of road contour. 

   The lowermost distribution of light specified in this article
shall be deemed to avoid glare at all times regardless of road
contour. 
   (b) Whenever the driver of a vehicle follows another vehicle
within 300 feet to the rear, he shall use the lowermost distribution
of light specified in this article  and shall ensure that
 it is not of such an intensity as to pose a distraction to the
driver of the vehicle being followed  .
  SEC. 2.  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.