boyd - California law stops local traffic enforcement

Making traffic laws here in San Diego got more difficult on Friday, July 1. Independence Day opens the first full week San Diego councilmembers will have to work harder and follow clearer state mandates when making local laws for traffic control.

Preventing drivers' moving violations by enacting local ordinances and resolutions to put in place penalties and fines in the city can easily cross a state line, and put the city in the state's legal territory.

Sen. Christine Kehoe, one of the senators that moved the bill through the Transportation and Housing Committee last year, turned in her yes vote with the rest of San Diego's senators and all of the local assemblymembers the end of last August. The state law now tells cities and counties in clear stated words the California Department of Motor Vehicles runs the state's traffic control enforcement. As the top agency, the DMV gets to keep the driving book on all Californians, without any local violations escaping their notice.

Uniform laws has been a state practice that gets in the way of local governments making a complete set of local traffic laws. Cities, like Roseville that had passed its own fines for drivers that fail to obey traffic devices, have to face a state that claims its laws that make drivers pay stiffer penalties are superior.

Now, any local law that stops the same violations as a state law is invalid.

The law does list the traffic concern cities can control. A city can put its own traffic officers in the street and keep bicycle riding on sidewalks safe. Controlling where cruisers drive also does not cross a state line. Councilmembers can even make sure enough taxis show up on time and do not move through traffic dangerously by deciding the drivers that deserve a taxi license. The local control list lets locals take responsibility for more than a dozen kinds of traffic control.

But, there is still a strong state line.

San Diego will have to ask the state commissioner for a green light on using its own ordinance to enforce traffic safety. A bill that states localities can make a law might be necessary.

To read earlier articles in Breaking Light of Truth on Mondays, read
Local science teacher under national spotlight
Wyland gets budget veto and goes back to work
Brown sends off Del Mar Fairgrounds board members
City unions rally against DeMaio ballot initiatives
Good will among killer whales and trainers

Source: http://c.moreover.com/click/here.pl?r4918258438&f=378

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