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Re: [NUTS] New California Law?

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  • Gary Hobgood
    Just to stoke the flames of this discussion, I will point out the interpretation of the vehicle code section (26708) that defines where GPS unit are to be
    Message 1 of 8 , Dec 17, 2009
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      Just to stoke the flames of this discussion, I will point out the interpretation of the vehicle code section (26708) that defines where GPS unit are to be mounted, could be construed that dash-mounted are prohibited.

      Here is how the statue reads (in part):


      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.

      The statute goes on for several more paragraphs listing the exemptions to this statute.  Among the exemptions is the following:

      (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.


      (If you want to read the entire statute, go to http://www.leginfo.ca.gov/calaw.html and enter the code section 26708 or just GPS). 

      The way the statute is written, I believe we could be stopped by law enforcement for this infraction.  Let's be careful out there and not give them any other reason to pull us other. 

      Gary of Gary&Vicky




      Jef Spencer wrote:
       
      The law has it's good intetions but....  If they(police) are not pulling over all the idiots still talking on their cell phones, I don't think you have much to worry about.
       
       
       
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      From: Edward Nelson <nelson143@sbcglobal .net>
      To: nuts_@yahoogroups. com
      Sent: Thu, December 17, 2009 4:24:33 PM
      Subject: Re: [NUTS] New California Law?

       

      I checked with the Traffic Seargant at the Chico Police Department where I work, and he scoured the recent traffic laws, and could find nothing regarding dash-mounted GPS units. You can mount a GPS on the windshield on the lower corner of either the right or left side (5-inch square on the left, 7 inch square on the right).
       
      He did caution that a dash-mounted GPS could possibly obstruct the driver's view (which IS illegal) and result in a ticket or an accident.
       
      Ed (of Ed & Julie)
       

       


      From: Sierra Rat <sierrajack@frontier net.net>
      To: nuts_@yahoogroups. com
      Sent: Thu, December 17, 2009 3:40:58 PM
      Subject: [NUTS] New California Law?

       

      I figured if anyone would know the answer to this question it would be this group. I know last year California made it illegal to mount a GPS on the windshield of a vehicle, with the exception of the lower left hand corner. However, one of my wife's "friends" claimed today that there is a new California law that prohibits the beanbag dash type mounts and that our placement of the beanbag on our dash is illegal. I told her what I thought about her "friend" and her friend's "opinion." However, I thought I would check with all of the "NUTS" out there and see if any of you have heard of anything to this new law. I could not find anything out about it using Google search. If any of you know about this "new" law, I would like to have a vehicle code reference.

      Thanks, Sierra Rat (Jack)



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    • Sierra Rat
      I too read that part of the vehicle code. So this part isn t a new law as my wife s friend claims. The next, I guess, is to understand what the existing law
      Message 2 of 8 , Dec 17, 2009
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        I too read that part of the vehicle code. So this part isn't a "new" law as my wife's friend claims. The next, I guess, is to understand what the existing law means. While I'm now in my 60's, I don't have to peek through the steering wheel to see the road. With the beanbag-GPS in the center of my dash, the only view it is blocking is part of the car's hood, not any part of the road. So would blocking/obscuring my view of the hood be a violation? I think not. I tend to agree that the police and Highway Patrol have other things to do and I have never been bothered in the past. I just wanted to be sure there was no new law out there.

        Thanks for the replies, Jack
      • thrak@pacbell.net
        Hanging beads, fuzzy dice, etc. from the rear view mirror is also illegal. It s not something that s enforced. I had a mount for my GPS stuck in the lower left
        Message 3 of 8 , Dec 18, 2009
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          Hanging beads, fuzzy dice, etc. from the rear view mirror is also illegal. It's not something that's enforced.  I had a mount for my GPS stuck in the lower left corner of the windshield (where it's now legal) long before the law passed that made it legal to do so. I spoke with CHP and local law enforcement a fair number of times while geocaching with this unit in place and clearly visible while it was still illegal. Not one of them said a word about it.

          Sierra Rat wrote:
           


          I too read that part of the vehicle code. So this part isn't a "new" law as my wife's friend claims. The next, I guess, is to understand what the existing law means. While I'm now in my 60's, I don't have to peek through the steering wheel to see the road. With the beanbag-GPS in the center of my dash, the only view it is blocking is part of the car's hood, not any part of the road. So would blocking/obscuring my view of the hood be a violation? I think not. I tend to agree that the police and Highway Patrol have other things to do and I have never been bothered in the past. I just wanted to be sure there was no new law out there.

          Thanks for the replies, Jack

        • Escapades
          Sometimes we have our hand held GPS, Roadmate GPS and a PDA all suction cupped to the windshield.  We have never been stopped but I guess if we did we would
          Message 4 of 8 , Dec 18, 2009
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            Sometimes we have our hand held GPS, Roadmate GPS and a PDA all suction cupped to the windshield.  We have never been stopped but I guess if we did we would get a ticket.

            --- On Fri, 12/18/09, thrak@... <thrak@...> wrote:

            From: thrak@... <thrak@...>
            Subject: Re: [NUTS] New California Law?
            To: nuts_@yahoogroups.com
            Date: Friday, December 18, 2009, 8:49 AM

             
            Hanging beads, fuzzy dice, etc. from the rear view mirror is also illegal. It's not something that's enforced.  I had a mount for my GPS stuck in the lower left corner of the windshield (where it's now legal) long before the law passed that made it legal to do so. I spoke with CHP and local law enforcement a fair number of times while geocaching with this unit in place and clearly visible while it was still illegal. Not one of them said a word about it.

            Sierra Rat wrote:
             

            I too read that part of the vehicle code. So this part isn't a "new" law as my wife's friend claims. The next, I guess, is to understand what the existing law means. While I'm now in my 60's, I don't have to peek through the steering wheel to see the road. With the beanbag-GPS in the center of my dash, the only view it is blocking is part of the car's hood, not any part of the road. So would blocking/obscuring my view of the hood be a violation? I think not. I tend to agree that the police and Highway Patrol have other things to do and I have never been bothered in the past. I just wanted to be sure there was no new law out there.

            Thanks for the replies, Jack

          • muniman_geo
            I do not know about the legality of it. I would just make sure that it is not on your airbag. Gary (muniman)
            Message 5 of 8 , Dec 19, 2009
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              I do not know about the legality of it. I would just make sure that it is not on your airbag.

              Gary (muniman)
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