Driving of motor vehicles - California

Federal regulations

Motor carriers, drivers, and vehicles must comply with Part 392 of the Federal Motor Carrier Safety Regulations (FMCSRs).

California has adopted Secs. 392.66, 392.67, and 392.71 of the FMCSRs.

Alcohol and drugs

Motor carriers may not require or knowingly permit a driver to operate any motor vehicle while under the influence of alcohol or any drug.

No persons may drink any alcoholic beverages while operating a motor vehicle. And no person may be in possession of an opened container of any alcoholic beverage while in a motor vehicle upon any highway in California.

A driver is ordered out of service for 24 hours if the driver is found to have 0.01 percent or more, by weight, of alcohol in his/her blood.

Driving of vehicles

No person may operate a motor vehicle when he is so ill or fatigued that it is unsafe for him to operate a vehicle. Before driving a vehicle, an operator must determine that basic required vehicle equipment is in good working order.

Engine idling

A diesel-fueled commercial motor vehicle with a gross vehicle weight rating of more than 10,000 pounds that must be licensed for operation on highways may not idle for more than 5 minutes.

Exceptions — A bus may idle for up to 10 minutes prior to passenger boarding or when passengers are on board. There are also exceptions for:

• traffic conditions;
• queuing beyond 100 feet of any restricted area;
• adverse weather conditions;
• daily vehicle inspections;
• testing, servicing, or diagnostic purposes;
• providing a power source for equipment operations (controlling cargo temperature, operating a lift, crane, pump, drill, hoist, mixer);
• operating defrosters, heaters, air conditioners, or other equipment solely to prevent a health or safety emergency;
• emergency vehicles;
• military tactical vehicles;
• operating ADA prescribed equipment (wheelchair lift, etc.);
• armored cars; and
• workover rigs (used on a producing oil or gas well).

Speed limit

The speed limit is 55 mph on all highways for the following vehicles:

1. A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle;
2. A passenger vehicle or bus drawing any other vehicle;
3. A schoolbus transporting any school pupil;
4. A farm labor vehicle when transporting passengers;
5. A vehicle transporting explosives;
6. A trailer bus, as defined in Section 636.

Warning devices

Every vehicle 80 inches or more in width and every truck tractor, irrespective of width, when stopped or disabled on the roadway during hours of darkness shall immediately place warning devices as follows:

• one at the traffic side of the disabled vehicle, not more than 10 feet to the front or rear of the vehicle;
• one at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by such vehicle; and
• one at a distance of approximately 100 feet to the front of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

If disablement of any such vehicle occurs within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place reflectors in that direction as to afford ample warning to other users of the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle.

When any such vehicle is disabled or parked off the roadway but within 10 feet there-of during darkness, warning devices shall be immediately placed by the driver as follows: one at a distance of approximately 200 feet and one at a distance of approximately 100 feet to the rear of the vehicle, and one at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle. The devices shall, if possible, be placed between the edge of the roadway and the vehicle, but in no event less than two feet to the left of the widest portion of the vehicle or load thereon.