New year, new laws for California drivers, bicyclist, scooter riders

January 2, 2019 | 11:10 am


As usual, the New Year brings about new laws to California. And for 2019, several new laws involve measures that affect most of us in the state: driving safety, civil rights, sexual harassment in the workplace, and more. Here are short descriptions of some of these new laws, many of which are a focus for us at Chain | Cohn | Stiles:

 

TRAFFIC SAFETY

DUI Devices (SB 1046): Drivers who have been convicted of two DUIs will have to install breathalyzers, or ignition interlock devices, in order to start their vehicles. This allows drivers to keep their driving privileges instead of having their licenses suspended. Industry experts say ignition interlocks show a 74 percent reduction in repeat DUIs.

Motor Scooters (AB 2989): Helmets are no longer required for motorized scooter riders over 18 or older. Motorized scooters are also allowed on Class IV and Class II bike paths. It is still illegal to ride a motorized scooter on a sidewalk. The law also allows scooters to ride on roads with speed limits up to 35 mph. Learn more about scooter safety by clicking here.

Bike Hit & Run (AB 1755): Hit-and-run laws will be expanded to include bicyclists on bike paths. That means, if a bicyclist hits a person, resulting in a death or injury, the bicyclist must stay at the scene. The bicyclist can be held accountable, CHP said. Learn more about bicycle safety here.

Helmet Safety (AB 3077): Anyone younger than 18 not wearing a helmet on a bicycle, scooter, skateboard or skates will be issued a “fix-it” citation. If the minor can show they took a bicycle safety course and has a helmet that meets safety standards within 120 days, the citation will be non-punishable.

Loud Vehicles (AB 1824): Drivers in a vehicle or motorcycle with an excessively loud exhaust will be fined. Previously, they would have been cited with a “fix-it” ticket.

 

CIVIL RIGHTS & POLICE TRANSPARENCY

Body Cameras (AB 748): Requires that body camera footage be released within 45 days of a police shooting, or when an officer’s use of force causes death or great bodily harm.

Police Records (SB 1421): Allows public access to police records in use-of-force cases, as well as investigations that confirmed on-the-job dishonesty or sexual misconduct.

 

EMPLOYMENT LAW & SEXUAL HARASSMENT

Reporting Harassment (AB 2770): Protects employees who report sexual harassment allegations without malice from liability for defamation of the people they accuse. Also, allows employers to indicate during reference checks whether an individual has been determined to have engaged in sexual harassment.

Nondisclosure (SB 820): Bans nondisclosure agreements in sexual harassment, assault and discrimination cases that were signed on or after Jan. 1, 2019.

Settlement Agreements (AB 3109): The law invalidates any provision in a contract or settlement agreement that waives a person’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment.

Harassment Protections (SB 224): Expands employee harassment protections to include those who are not only employers but who could help establish a business, service or professional relationship. This could include doctors, lawyers, landlords, elected officials and more.

Burden of Proof (SB 1300): Expands liability under the Fair Employment and Housing Act, or FEHA. It lowers the burden of proof to establish harassment and provides stricter guidance on what is or isn’t unlawful harassment. It also expands protections from harassment by contractors, rather than just sexual harassment. Defendants can’t be awarded attorney’s costs unless the action was frivolous. It prohibits release of claims under FEHA in exchange for a raise, a bonus or as a condition of employment or continued employment.

Harassment Training (SB 1343): Requires employers with five or more employees to provide two hours of sexual harassment prevention to all supervisory employees and at least one hour of sexual harassment training to nonsupervisory employees by Jan. 1, 2020. Training should take place every two years after that. Employers also need to make the training available in multiple languages.

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If you or someone you know is injured in an accident in an accident at the fault of a DUI driver, sexually assaulted, or had their civil rights violated, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

Everything you need to know about riding Bakersfield’s electric scooters safely

December 12, 2018 | 6:00 am


The birds are soaring in Bakersfield — the electric scooters from the company “Bird,” that is.

About 200 of the Bird electric scooters, or e-scooters, have been scattered throughout Bakersfield, mostly downtown, “to help meet the town’s need for transit options that are accessible, affordable, and reliable,” according to the company. They have gained popularity across the United States and Europe in recent years. Closer to Kern County, several e-scooter companies have planted their wheels in Los Angeles.

But the e-scooters also come with controversy, due, in part, to their safety concerns.

News reports have highlighted injuries on pedestrians hit by scooters and on scooter riders themselves including chipped teeth, cut lips, broken bones, bruises, and worse. A 29-year-old San Diego man who had been drinking alcohol suffered life-threatening injuries after crashing a rented scooter into a building in Pacific Beach. He was not wearing a helmet and suffered serious head injuries, police said.

For its part, Bird states the following: “At Bird, safety is our very top priority and it drives our mission to get cars off the road to make cities safer and more livable.”

With the e-scooter ride-share launch in Kern County, the Bakersfield-based accident and injury lawyers at Chain | Cohn | Stiles wishes to provide some tips for riding the e-scooters, as well as rules for sharing the road safely.

 

Before you Bird

Here’s how the Bird scooters work:

  • The scooters work through an app downloaded onto smartphones.
  • The app will locate available electric scooters nearby and, for a per-minute fee, people ride the electric scooters to their destination, leaving the scooter wherever the trip ends.
  • It costs about a $1 to rent the scooter, plus 15 cents a minute to use.
  • A group of scooter “chargers” go out at night to pick up the scooters and recharge them, collecting a fee per scooter.

The scooters move at a maximum of 15 miles per hour, but riders must obey the rules of the road (see below). The scooters will only be available during the day. After dark, a Bird contractor gathers the scooters for recharging and maintenance, and then drops the scooters off at predetermined areas in time for the next morning’s ride.

 

Rules of the Road

Once you’re ready to ride, be sure to follow these guidelines:

  • Wear a helmet: Bird offers free helmets to all active riders. Just cover shipping. You can request your helmet in the “Safety” section in the Bird app.
  • Where to ride: Care for pedestrians. No riding on sidewalks unless local law requires or permits — it endangers members of our community who want to walk freely. We’re all in this together, so let’s be good neighbors and look out for one another. Ride in bike lanes or close to the right curb.
  • Where to Park: Park e-scooters out of the public right of way — keeping walkways, driveways, access ramps, and fire hydrants clear. Park scooters close to the curb, facing the street near designated bike or scooter parking areas, trees, or street signs. Make sure your kickstand is securely in the down position so that the scooter stays upright. Avoid uneven surfaces like grass, gravel, rocks, or inclines.
  • Rules of the Road: You must be at least 18 years old with a valid driver’s license to ride. Only one rider per vehicle. Follow all traffic rules including street signs and stop signs. Use caution at crosswalks
  • Use Caution: Be aware of surrounding traffic, especially at intersections. Always be aware of surrounding traffic, especially at intersections – cars are your biggest risk. Start off slowly while you get used to the accelerator and brakes. No one-handed rides. Put down the phone and coffee cup. No headphones – listen to what’s around you. Don’t ride if you’ve been drinking alcohol.

 

Scooters Safety News

Bird launched what it calls a pledge to “Save Our Sidewalks” and has asked the CEOs of other similar companies to join, including Limebike, Ofo, Mobike and Jump. Each company would commit to reducing street clutter by putting their bikes and scooters only where they are used, to refrain from expanding unless vehicles are used three times a day, and to remitting $1 per vehicle per day to cities for bike lanes and safety programs.

In other related news, Bike Bakersfield, local bike safety and advocacy nonprofit, reportedly is working with city officials to bring electric scooters and electric bicycles to Bakersfield though a state grant. However, other U.S. cities have steered clear of the e-scooters. Miami banned them, and Nashville seized the scooters once they blocked public rights of way and caused accidents soon after the uninvited rollout. San Diego started giving out tickets to riders not wearing a helmet, and San Francisco began impounding the scooters and issuing a cease-and-desist order after the companies launched their services in the city without asking.

California Legislature introduced a bill that would allow anyone 18 and older to ride without helmets. Bird is the bill’s sponsor. Chain | Cohn | Stiles recommends you continue to use a helmet, for your safety.

Local media reported on Dec. 12 that Bakersfield city officials were working with Bird for the next 6 to 12 months through what they called a “pilot program.”

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Chain | Cohn | Stiles attorney Matt Clark discussed concerns about e-scooter safety in Bakersfield on KERN Radio’s “Richard Beene Show.” Click here to listen to the segment.

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If you or someone you know is injured in a scooter accident at the fault of someone else, please contact the attorney at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.