California Vehicle Code 26708

When I read testimonials like this one, by a sheriff’s department patrol sargeant, I think GPS navigation is a “must have” safety device for anyone who spends a significant amount of time driving to new destinations:

While driving Code-3, this feature is outstanding and a real safety factor. I can concentrate on my driving and traffic conditions without having to worry about looking for street signs while driving at high speeds. The electronic voice clearly advises me of everything I need to know about driving to my destination.

Knowing your location during a high-speed pursuit is no easy task, especially when zig-zagging through unfamiliar streets in the dark. The StreetPilot III makes this possible at all times. You never know when you will need help. If you do not know your location, your beat partners may not find you in time. This can be the difference between life and death.

I cannot believe all the years I worked without such a valuable tool. The StreetPilot III should be standard equipment in every police vehicle in America. It makes the job easier and safer.

I agree. In fact, I recently purchased the Garmin i5, a diminutive gadget with some amazing navigational capabilities. First of all, my driving experience with the i5 has been favorable and I must agree with the law enforcement officer that it allows one to concentrate on driving and traffic conditions instead of slowing everyone down to locate and read barely visible signs or figure out how to merge across six lanes and exit in a 1/4 mile. Second, the 2.75″ height of the i5 not only impressively compact, but small enough that it can be attached almost on the dash itself, below the field-of-view through my windshield.

But here’s the problem, California has passed a law (Vehicle Code Section 26708(a)) that clearly states:

No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows.

Obviously there have to be exceptions to this law, given all the rear-view mirrors or even windshield wipers attached to windshields. Indeed, the rest of the wording proceeds to outline where and how stickers and all the common and necessary items now should be placed:

Signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the windshield farthest removed from the driver, signs, stickers, or other materials which are displayed in a 7-inch square in the lower corner of the rear window farthest removed from the driver, or signs, stickers, or other materials which are displayed in a 5-inch square in the lower corner of the windshield nearest the driver.

I do not imagine the highway patrol is going to be carrying a tape-measure on their utility belt, but with wording so exact you never know. Here’s another interesting exception:

(11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square, if the device provides either of the following:

(A) The capability for enforcement facilities of the Department of the California Highway Patrol to communicate with a vehicle equipped with the device.

(B) The capability for electronic toll and traffic management on public or private roads or facilities.

That does not seem to allow for navigation equipment. I do not know if I should be more disappointed in the car manufacturers for not having a compliant space on the dashboard (they tend to fill it up with any number of gadgets of their own), in Garmin for not providing a California compliant mounting bracket (one that doesn’t touch the windshield) as standard issue, or in the state of California for not making an exception for navigation devices that enhance safety.

On the other hand, back to the 2.75″ height of my i5, the fact that the device it attached to the windshield seems entirely irrelevant to me. I have placed the device so low, just out of personal preference, that it literally sits no more than a cm from the dashboard itself. Were I to take the windshield bracket away and place the i5 on a dashboard mount, it would most likely bring the i5 up higher and into the field-of-view. So to comply with the spirit of the law it actually makes more sense to leave it mounted to the windshield, although the letter of the law clearly forbids the windshield mount. I supposed I could mount the device in the lower left corner, below the 7″ legal limit, but this seems far less safe than a position that is centered just below the hood’s horizon. Moreover, this requires me to drag a cable across the steering column, which just seems dangerous to me.

At the end of the day, I’ve been looking for other brackets and positions, but nothing stands out (pun intended) as a safer alternative. And so I have to wonder if others have been having the same concern. Fortunately the Mercury News has in fact done a little legwork and provided this answer to their readers:

Officer-Bob-The-CHP-GPS-GUY says it’s illegal to mount a GPS system to the windshield:

“You may only put things in the very lower left or right corner, and you are restricted to only a couple of inches at those locations. The GPS will exceed those limits. Get a brand that will permit a remote antenna to be connected. Then mount the GPS to the dash, below the windshield. The remote antenna will eliminate the GPS signal problem.”

But, he adds:

“The Pod-style GPS (TomTom is one popular brand seen on TV) needs to have clear access to GPS signals and may not be usable due to mounting them to the windshield. Most Pod styles do not have a remote antenna connection. Most of the small portable receivers by Magellan or Garmin have the capability to connect a remote antenna which can be placed on the dash or on the roof of the car.

“I’ve tested a few just by laying them on the seat next to me and they work most of the time. A problem with all moving GPS is that if you get under trees, behind tall buildings or in a tunnel the signal may weaken.”

Obviously the CHP officer is wrong about the legally allowed height (couple = 2, the law says 7 square), he is wrong about the GPS size (couple = 2, i5 = 2.75, the law says 7 square) and way off-base with his suggestion to put a device on the seat. Does anyone else in the world think that looking at a map on their seat is safer than staring straight-ahead through the equivalent of a heads-up-display (HUD)? I feel sorry for the officers who are forced to risk their lives with impractical GPS placement in order to comply with a ridiculous law against using any portion of the windshield, even if it’s below the level that the hood itself obscures. Imagine the air force telling its pilots that all jets will now have critical information now displayed conveniently in their lap, for safety.

This is the real problem with policy and enforcement. Sometimes the policy is written so poorly that the letter can actually do damage to the spirit, and our overall safety declines.

2 thoughts on “California Vehicle Code 26708”

  1. I have a tomtom that I connect to the lower left side of my windshiled. From my driving angle, It obscures part of the cars front, not the road. I am a safer driver because of it and it comes with a handsfree phone, this is another safety feature.
    If they allow other devices like a toll receiver, they should allow a Tomtom. The law about the toll receiver was passed to paticularly allow use of this device. They should pass another exception.

  2. People need to reread this code slowly for the details.
    Excemptions
    (11) An electronic communication device affixed to the center uppermost portion of the interior of a windshield within an area that is not greater than 5 inches square [Hello? not 5 square inches], if the device provides either of the following:

    (B) The capability for electronic toll and traffic management on public or private roads or facilities.

    Most Gps units have this capability.
    IE: traffic management at a subscribtion cost. the Code only requires the ability, not that you actually purchase the service.

    ———————————————–

    Secondly, the statute goes on to state…. 7 inch square not 7 square inches farthest from driver!
    Also the same with the 5 inch square ruling, not 5 square inches closest to driver.

    Now this is nitpicking the letter of the law.
    The Code was written before gps units were made and most likely will get revised for their specific use.

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