BSSM CA Traffic Law Orientation

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BSSM
INTERNATIONAL & OUT-OF-STATE STUDENTS
California Traffic Laws & Information
1. Driver Licenses/Residency (Reference: California Vehicle Code [CVC] sections 12502
and 12505; California Highway Patrol [CHP] Officer Jason Morton [Redding Office]
and Officer Nick Shelburne [Northern Division])
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BSSM students may drive with foreign and out-of-state driver licenses; you must
be 18 years or older.
A driver license must be currently valid and in possession of the driver.
A so-called “international driver license” does NOT qualify.
There is no set time limit to be a student at a school, as long as foreign or home
state residency is maintained, in order to be legally a “non-resident”.
Taking a local job which requires driving requires you to obtain a California
driver license.
BSSM is not a “public institution”, so “resident tuition” making one a resident
does not apply.
If you are here to attend BSSM and plan to ultimately return home to one’s home
country or another US state, you are a non-resident of California.
For US citizens of other states: Registering to vote in California makes one a
California resident. If you establish residency in California, you have 10 days to
apply for a California driver license.
If a person is cited by an officer: Occasionally, some officers are unclear
about the law in this regard and issue tickets to non-resident drivers for not
having a California driver license. Accept the citation and go to your traffic court
date with the information provided to BSSM by the California Highway Patrol
(CHP).
2. Automobile Insurance (CVC section 16028)
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BSSM students must be covered by automobile insurance when driving in
California and carry proof of insurance in the vehicle being driven.
If you drive someone else’s car, ensure you are covered by the owner’s automobile
insurance or your own automobile insurance.
Proof of insurance must be provided to an officer who stops you.
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3. Vehicle Registration (California DMV Vehicle Industry Registration Procedures
Manuel, Chapter 12 – Nonresident Vehicles [CA DMV website, under Publications];
California Highway Patrol [CHP] Officer Jason Morton [Redding Office] and Officer
Nick Shelburne [Northern Division])
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Whether or not you must register your vehicle in California depends on your age
and if you are employed at a job while you are going to school in California.
Nonresident students aged 23 and younger operating a nonresident vehicle
that displays valid registration/plates in the student’s home state is exempt from
California registration.
Nonresident students aged 23 and younger who obtain employment in
California must register their vehicle in California within 20 days.
Nonresident students 24 years of age and older are not exempt from
California registration requirements, and any vehicle operated by the student
must be registered in California within 20 days.
If California registration is required, California emissions requirements must be
satisfied. This means going to a private smog certification business.
Unless a nonresident student obtains a job which requires driving, the
student may continue to use a valid driver license from another state
or nation, even if California vehicle registration is required (per above).
Nonresident students operating a vehicle owned by and/or registered to another
person (typically the student’s parents) – who are required to register their
vehicle in California (per above) – can do so via “interstate registration”.
This allows the vehicle to remain owned by and registered to the other person
(e.g., the student’s parents) in their home state. It is basically dual registration.
4. Common Traffic Law Enforcement
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The most common traffic violations targeted for enforcement in our area are
speeding, handheld cell phone use or texting, and not wearing seatbelts.
Speeding: If no speed limit is posted, the Vehicle Code sets the speed limit for
residential and business districts at 25 miles per hour (mph) and two-lane
highways at 55 mph. Posted speed limits on main streets in cities are usually
higher than 25 mph (30, 35, 40, or 45 mph). Freeways are posted at 65 or 70
mph. Officers will normally use radar or laser devices to check speed (CVC
sections 22349-22352).
Cell phones/texting: It is a violation to use a handheld cell phone or text while
driving. It is not a violation to use a hands-free cell phone system (e.g., Blue
Tooth) while driving (CVC section 23123).
Seat belts/child safety seats: Seat belts (CVC section 27315) are required to
be worn by everyone in a vehicle, and a driver can be cited for a passenger not
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wearing a seatbelt. The shoulder belt must be worn properly. Children under 8
years old must ride in a rear seat and use a child safety seat or booster seat (CVC
section 27360); unless there is no rear seat (other exemptions apply). If they are
4 feet 9 inches or taller they can use a seatbelt.
5. If You Are Stopped By the Police When Driving
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Any peace officer (Redding Police, Shasta County Sheriff, CHP, or other peace
officers) can stop the vehicle of a suspected violator. Normally, police vehicles
making traffic stops are clearly marked and must use a red light to notify the
driver to stop. Police vehicles can be motorcycles, cars, SUVs, or pickup trucks.
Pull over as soon as it is safe to do so and come to a stop along the edge of the
road (not in a traffic lane).
You are required to provide an officer with your driver license, vehicle
registration card, and automobile insurance card.
Remain in your vehicle, unless an officer directs you to leave your vehicle to meet
with him.
You are free to politely ask the officer questions.
If an officer questions your foreign or out-of-state license, you can tell him, “I am
a non-resident and can drive with my foreign license (or out-of-state
license, if US citizen) under California Vehicle sections 12502 and
12505, as confirmed by the CHP Office of Legal Affairs”.
If the officer issues you a citation (i.e., a ticket), you are required to sign it to
acknowledge receipt of it. By signing it you are not admitting guilt of any
violation. The citation explains the various options of how it can be handled.
Fines are never paid to an officer.
6. Red Light Cameras (CVC 21455)
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Automated cameras systems are used in Redding to identify drivers running red
signal lights, and are located at a number of intersections. So . . . don’t run red
lights! And do not make a right turn on red without stopping and yielding
first!
It is the same violation/fine which results from an officer stopping you in person
for running a red light. The fine is $400-$500!
Citations: If a driver is identified by the police as the one running the red light,
the driver may receive a citation in the mail called a “Notice of Traffic
Violation”. It will have 4 side-by-side photographs of the vehicle and driver.
The driver is required to respond to the citation, just as if it was issued in person
by an officer.
Courtesy Notices: When the police cannot identify the driver, the registered
owner of the vehicle may receive a form in the mail called a “Courtesy Notice”
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(Yes, the two forms look similar, but are very different). The form asks the
registered owner to identify the driver if he or she chooses to do so. There is NO
REQUIREMENT in the law that the owner identifies himself as the driver.
Not every actual incident of someone running a red light at a red light camera
intersection results in a notice being sent out. You do not have to do anything
until a citation is received.
7. Bicycles/Pedestrians
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Bicycles are required to follow the same rules of the road as cars. They are
required to be driven on the right side of the road, as near the road edge as is
safe. Bicycles must use headlamps at night (CVC sections 21202 & 21201).
Hitchhiking: Hitchhiking in or alongside the roadway is prohibited (CVC
section 21957).
Pedestrians crossing at intersections with signal lights are required (and
expected) to wait for the signal to cross (CVC sections 21453-21456).
If pedestrians must walk in a roadway (because there is no sidewalk), they are
required to walk along the left edge of the road (facing traffic) (CVC section
21956).
Helmets: Anyone under 18 years of age is required to wear a helmet when
riding a bicycle or skateboard. It’s not required – but a good idea – if you are 18
years or older (CVC section 21212). All motorcyclists are required to wear
approved helmets (CVC 27803).
Skateboarding: Skateboarding is prohibited in downtown Redding where
signs are posted and in parking lots which post signs prohibiting it (Redding city
ordinance). Otherwise, it is generally lawful.
8. If You Are In a Traffic Collision
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Do not leave the scene until you have met with the other driver(s) or the police (if
they investigate the crash). It is a crime if you leave without giving the other
driver the necessary information (hit & run: CVC 20001-20002).
If the vehicles cannot be moved out of the roadway (i.e., they are blocking other
traffic) – and especially if someone is injured in the collision – you should call 911
immediately to report the collision.
If it is possible – and safe to do so – you may move your vehicle out of the traffic
lane and park it alongside the road, then meet with the other driver(s).
You are required to exchange driver license, vehicle registration, and automobile
insurance information with the other driver(s).
You are required to make a police report if someone is injured or killed in a
collision.
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If the police arrive and investigate the collision, you are required to provide the
above information to the police. The police may cite the driver responsible.
If your vehicle is so damaged it cannot be driven, the police can call a tow truck
for you.
Information provided by:
Michael J. Thomas
Police Sergeant (Retired), Redding Police Department
BSSM Graduate 2012-13
Email: mjthomas185@yahoo.com
Feel free to email questions
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