| CVC |
Description |
Reference |
| CVC 360 |
California Vehicle Code Section 360 - Highway
"Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.
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| CVC 445 |
California Vehicle Code Section 445 -
An "official traffic control signal" is any device, whether
manually, electrically or mechanically operated, by which traffic is
alternately directed to stop and proceed and which is erected by
authority of a public body or official having jurisdiction.
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| CVC 470 |
California Vehicle Code Section 470 - Person
"Person" includes a natural person, firm, copartnership,
association, limited liability company, or corporation.
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| CVC 1803.5 |
California Vehicle Code Section 1803.5 - Report of Court Action; Traffic Violator School Attendance
(a) In accordance with Section 41501 or 42005, the clerk of
a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a violation of any statute
relating to the safe operation of vehicles is granted a continuance
of the proceeding in consideration for attendance at a school for
traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, and which results in a
dismissal of the complaint in consideration for that attendance,
shall prepare an abstract of the record of the court or board
proceeding, certify the abstract to be true and correct, and cause
the abstract to be forwarded to the department at its office at
Sacramento within 10 days after the complaint is dismissed.
(b) This section shall become operative on September 20, 2005.
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| CVC 1808.7 |
California Vehicle Code Section 1808.7 - Confidential Records; Traffic Violator School Attendance
The record of the department relating to the first
proceeding and dismissal under Section 1803.5 in any 18-month period
for participation by a person in a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, is confidential, shall not be
disclosed to any person, except a court, and shall be used only for
statistical purposes by the department.
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| CVC 4850 |
California Vehicle Code Section 4850 - Issuance of Plates; Reflectorized Plates
(a) The department, upon registering a vehicle, shall issue
to the owner two partially or fully reflectorized license plates or
devices for a motor vehicle, other than a motorcycle, and one
partially or fully reflectorized license plate or device for all
other vehicles required to be registered under this code. The plates
or devices shall identify the vehicles for which they are issued for
the period of their validity.
(b) Notwithstanding any other provision of law, no contract shall
be let to any nongovernmental entity for the purchase or securing of
reflectorized material for the plates, unless the department has made
every reasonable effort to secure qualified bids from as many
independent, responsible bidders as possible. No contract shall be
let to any nongovernmental entity for the manufacturing of
reflectorized safety license plates.
(c) In addition to any other fees specified in this code, a fee of
one dollar ($1) for reflectorization shall be paid only by those
vehicle owners receiving license plates or devices under this
section.
(d) This section does not require vehicle owners with
nonreflectorized license plates or devices to replace them with
reflectorized plates or devices.
(e) This section shall be known as the Schrade-Belotti Act.
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| CVC 5200 |
California Vehicle Code Section 5200 - Display of License Plates
(a) When two license plates are issued by the department for
use upon a vehicle, they shall be attached to the vehicle for which
they were issued, one in the front and the other in the rear.
(b) When only one license plate is issued for use upon a vehicle,
it shall be attached to the rear thereof, unless the license plate is
issued for use upon a truck tractor, in which case the license plate
shall be displayed in accordance with Section 4850.5.
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| CVC 12500 |
California Vehicle Code Section 12500 - Unlawful to Drive Unless Licensed
(a) A person may not drive a motor vehicle upon a highway,
unless the person then holds a valid driver's license issued under
this code, except those persons who are expressly exempted under this
code.
(b) A person may not drive a motorcycle, motor-driven cycle, or
motorized bicycle upon a highway, unless the person then holds a
valid driver's license or endorsement issued under this code for that
class, except those persons who are expressly exempted under this
code, or those persons specifically authorized to operate motorized
bicycles or motorized scooters with a valid driver's license of any
class, as specified in subdivision (h) of Section 12804.9.
(c) A person may not drive a motor vehicle in or upon any
offstreet parking facility, unless the person then holds a valid
driver's license of the appropriate class or certification to operate
the vehicle. As used in this subdivision, "offstreet parking
facility" means any offstreet facility held open for use by the
public for parking vehicles and includes any publicly owned
facilities for offstreet parking, and privately owned facilities for
offstreet parking where no fee is charged for the privilege to park
and which are held open for the common public use of retail
customers.
(d) A person may not drive a motor vehicle or combination of
vehicles that is not of a type for which the person is licensed.
(e) A motorized scooter operated on public streets shall at all
times be equipped with an engine that complies with the applicable
State Air Resources Board emission requirements.
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| CVC 12951 |
California Vehicle Code Section 12951 - Possession of License
(a) The licensee shall have the valid driver's license issued to him or her
in his or her immediate possession at all times when driving a motor
vehicle upon a highway.
Any charge under this subdivision shall be dismissed when the
person charged produces in court a driver's license duly issued to
that person and valid at the time of his or her arrest, except that
upon a third or subsequent charge the court in its discretion may
dismiss the charge. When a temporary, interim, or duplicate driver's
license is produced in court, the charge shall not be dismissed
unless the court has been furnished proof by the Department of Motor
Vehicles that the temporary, interim, or duplicate license was issued
prior to the arrest, that the driving privilege and license had not
been suspended or revoked, and that the person was eligible for the
temporary, interim, or duplicate license.
(b) The driver of a motor vehicle shall present his or her license
for examination upon demand of a peace officer enforcing the
provisions of this code.
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| CVC 16028 |
California Vehicle Code Section 16028 - Evidence of Financial Responsibility; Show to Peace Officer on Demand
(a) Upon the demand of a peace officer pursuant to
subdivision (b) or upon the demand of a peace officer or traffic
collision investigator pursuant to subdivision (c), every person who
drives a motor vehicle upon a highway shall provide evidence of
financial responsibility for the vehicle that is in effect at the
time the demand is made. However, a peace officer shall not stop a
vehicle for the sole purpose of determining whether the vehicle is
being driven in violation of this subdivision.
(b) Whenever a notice to appear is issued for any alleged
violation of this code, except a violation specified in Chapter 9
(commencing with Section 22500) of Division 11 or any local ordinance
adopted pursuant thereto, the cited driver shall furnish written
evidence of financial responsibility upon request of the peace
officer issuing the citation. The peace officer shall request and
write the driver's evidence of financial responsibility on the notice
to appear, except when the peace officer is unable to write the
driver's evidence of financial responsibility on the notice to appear
due to an emergency that requires his or her presence elsewhere. If
the cited driver fails to provide evidence of financial
responsibility at the time the notice to appear is issued, the peace
officer may issue the driver a notice to appear for violation of
subdivision (a). The notice to appear for violation of subdivision (a)
shall be written on the same citation form as the original violation.
(c) Whenever a peace officer, or a regularly employed and salaried
employee of a city or county who has been trained as a traffic
collision investigator, is summoned to the scene of an accident
described in Section 16000, the driver of any motor vehicle that is
in any manner involved in the accident shall furnish written evidence
of financial responsibility upon the request of the peace officer or
traffic collision investigator. If the driver fails to provide
evidence of financial responsibility when requested, the peace
officer may issue the driver a notice to appear for violation of this
subdivision. A traffic collision investigator may cause a notice to
appear to be issued for a violation of this subdivision, upon review
of that citation by a peace officer.
(d) (1) If, at the time a notice to appear for a violation of
subdivision (a) is issued, the person is driving a motor vehicle
owned or leased by the driver's employer, and the vehicle is being
driven with the permission of the employer, this section shall apply
to the employer rather than the driver. In that case, a notice to
appear shall be issued to the employer rather than the driver, and
the driver may sign the notice on behalf of the employer.
(2) The driver shall notify the employer of the receipt of the
notice issued pursuant to paragraph (1) not later than five days
after receipt.
(e) A person issued a notice to appear for a violation of
subdivision (a) may personally appear before the clerk of the court,
as designated in the notice to appear, and provide written evidence
of financial responsibility in a form consistent with Section 16020,
showing that the driver was in compliance with that section at the
time the notice to appear for violating subdivision (a) was issued.
In lieu of the personal appearance, the person may submit by mail to
the court written evidence of having had financial responsibility at
the time the notice to appear was issued. Upon receipt by the clerk
of that written evidence of financial responsibility in a form
consistent with Section 16020, further proceedings on the notice to
appear for the violation of subdivision (a) shall be dismissed.
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| CVC 21453 |
California Vehicle Code Section 21453 - Circular Red or Red Arrow
(a) A driver facing a steady circular red signal alone shall
stop at a marked limit line, but if none, before entering the
crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain stopped until an
indication to proceed is shown, except as provided in subdivision (b).
(b) Except when a sign is in place prohibiting a turn, a driver,
after stopping as required by subdivision (a), facing a steady
circular red signal, may turn right, or turn left from a one-way
street onto a one-way street. A driver making that turn shall yield
the right-of-way to pedestrians lawfully within an adjacent crosswalk
and to any vehicle that has approached or is approaching so closely
as to constitute an immediate hazard to the driver, and shall
continue to yield the right-of-way to that vehicle until the driver
can proceed with reasonable safety.
(c) A driver facing a steady red arrow signal shall not enter the
intersection to make the movement indicated by the arrow and, unless
entering the intersection to make a movement permitted by another
signal, shall stop at a clearly marked limit line, but if none,
before entering the crosswalk on the near side of the intersection,
or if none, then before entering the intersection, and shall remain
stopped until an indication permitting movement is shown.
(d) Unless otherwise directed by a pedestrian control signal as
provided in Section 21456, a pedestrian facing a steady circular red
or red arrow signal shall not enter the roadway.
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| CVC 21455 |
California Vehicle Code Section 21455
When an official traffic control signal is erected and
maintained at a place other than an intersection, the provisions of
this article shall be applicable except those provisions which by
their nature can have no application. Any stop required shall be made
at a sign or crosswalk or limit line indicating where the stop shall
be made, but in the absence of any such sign or marking the stop
shall be made at the signal.
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| CVC 21455.5 |
California Vehicle Code Section 21455.5
(a) The limit line, the intersection, or a place designated in Section 21455,
where a driver is required to stop, may be equipped with an automated
enforcement system if the governmental agency utilizing the system meets
all of the following requirements:
(1) Identifies the system by signs that clearly indicate the
system's presence and are visible to traffic approaching from all
directions, or posts signs at all major entrances to the city,
including, at a minimum, freeways, bridges, and state highway routes.
(2) If it locates the system at an intersection, and ensures that
the system meets the criteria specified in Section 21455.7.
(b) Prior to issuing citations under this section, a local
jurisdiction utilizing an automated traffic enforcement system shall
commence a program to issue only warning notices for 30 days. The
local jurisdiction shall also make a public announcement of the
automated traffic enforcement system at least 30 days prior to the
commencement of the enforcement program.
(c) Only a governmental agency, in cooperation with a law
enforcement agency, may operate an automated enforcement system. As
used in this subdivision, "operate" includes all of the following activities:
(1) Developing uniform guidelines for screening and issuing
violations and for the processing and storage of confidential
information, and establishing procedures to ensure compliance with
those guidelines.
(2) Performing administrative functions and day-to-day functions,
including, but not limited to, all of the following:
(A) Establishing guidelines for selection of location.
(B) Ensuring that the equipment is regularly inspected.
(C) Certifying that the equipment is properly installed and
calibrated, and is operating properly.
(D) Regularly inspecting and maintaining warning signs placed
under paragraph (1) of subdivision (a).
(E) Overseeing the establishment or change of signal phases and
the timing thereof.
(F) Maintaining controls necessary to assure that only those
citations that have been reviewed and approved by law enforcement are
delivered to violators.
(d) The activities listed in subdivision (c) that relate to the
operation of the system may be contracted out by the governmental
agency, if it maintains overall control and supervision of the
system. However, the activities listed in paragraph (1) of, and
subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c)
may not be contracted out to the manufacturer or supplier of the
automated enforcement system.
(e) (1) Notwithstanding Section 6253 of the Government Code, or
any other provision of law, photographic records made by an automated
enforcement system shall be confidential, and shall be made
available only to governmental agencies and law enforcement agencies
and only for the purposes of this article.
(2) Confidential information obtained from the Department of Motor
Vehicles for the administration or enforcement of this article shall
be held confidential, and may not be used for any other purpose.
(3) Except for court records described in Section 68152 of the
Government Code, the confidential records and information described
in paragraphs (1) and (2) may be retained for up to six months from
the date the information was first obtained, or until final
disposition of the citation, whichever date is later, after which
time the information shall be destroyed in a manner that will
preserve the confidentiality of any person included in the record or
information.
(f) Notwithstanding subdivision (d), the registered owner or any
individual identified by the registered owner as the driver of the
vehicle at the time of the alleged violation shall be permitted to
review the photographic evidence of the alleged violation.
(g) (1) A contract between a governmental agency and a
manufacturer or supplier of automated enforcement equipment may not
include provision for the payment or compensation to the manufacturer
or supplier based on the number of citations generated, or as a
percentage of the revenue generated, as a result of the use of the
equipment authorized under this section.
(2) Paragraph (1) does not apply to a contract that was entered
into by a governmental agency and a manufacturer or supplier of
automated enforcement equipment before January 1, 2004, unless that
contract is renewed, extended, or amended on or after January 1, 2004.
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| CVC 21455.6 |
California Vehicle Code Section 21455.6
(a) A city council or county board of supervisors shall
conduct a public hearing on the proposed use of an automated
enforcement system authorized under Section 21455.5 prior to
authorizing the city or county to enter into a contract for the use
of the system.
(b) (1) The activities listed in subdivision (c) of Section 21455.5
that relate to the operation of an automated enforcement
system may be contracted out by the city or county, except that the
activities listed in paragraph (1) of, and subparagraphs (A), (D), (E),
or (F) of paragraph (2) of, subdivision (c) of Section 21455.5
may not be contracted out to the manufacturer or supplier of the
automated enforcement system.
(2) Paragraph (1) does not apply to a contract that was entered
into by a city or county and a manufacturer or supplier of automated
enforcement equipment before January 1, 2004, unless that contract is
renewed, extended, or amended on or after January 1, 2004.
(c) The authorization in Section 21455.5 to use automated
enforcement systems does not authorize the use of photo radar for
speed enforcement purposes by any jurisdiction.
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| CVC 21455.7 |
California Vehicle Code Section 21455.7 - Minimum Yellow Light Change Interval - Intersections with Automated Enforcement Systems
(a) At an intersection at which there is an automated
enforcement system in operation, the minimum yellow light change
interval shall be established in accordance with the Traffic Manual
of the Department of Transportation.
(b) For purposes of subdivision (a), the minimum yellow light
change intervals relating to designated approach speeds provided in
the Traffic Manual of the Department of Transportation are mandatory
minimum yellow light intervals.
(c) A yellow light change interval may exceed the minimum interval
established pursuant to subdivision (a).
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| CVC 21456 |
California Vehicle Code Section 21456 - Walk, Wait, or Don't Walk
Whenever a pedestrian control signal showing the words "WALK"
or "WAIT" or "DONT WALK" or other approved symbol is in place,
the signal shall indicate as follows:
(a) "WALK" or approved "Walking Person" symbol. A pedestrian
facing the signal may proceed across the roadway in the direction of
the signal, but shall yield the right-of-way to vehicles lawfully
within the intersection at the time that signal is first shown.
(b) Flashing or steady "DONT WALK" or "WAIT" or approved "Upraised Hand"
symbol. No pedestrian shall start to cross the roadway in the
direction of the signal, but any pedestrian who has partially
completed crossing shall proceed to a sidewalk or safety zone or
otherwise leave the roadway while the "WAIT" or "DONT WALK" or
approved "Upraised Hand" symbol is showing.
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| CVC 21461 |
California Vehicle Code Section 21461 - Obedience by Driver to Offical Traffic Control
(a) It is unlawful for a driver of a vehicle to fail to obey
a sign or signal defined as regulatory in the federal Manual on
Uniform Traffic Control Devices, or a Department of Transportation
approved supplement to that manual of a regulatory nature erected or
maintained to enhance traffic safety and operations or to indicate
and carry out the provisions of this code or a local traffic
ordinance or resolution adopted pursuant to a local traffic
ordinance, or to fail to obey a device erected or maintained by
lawful authority of a public body or official.
(b) Subdivision (a) does not apply to acts constituting violations
under Chapter 9 (commencing with Section 22500) of this division or
to acts constituting violations of a local traffic ordinance adopted
pursuant to Chapter 9 (commencing with Section 22500).
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| CVC 21650 |
California Vehicle Code Section 21650 - Right Side of Roadway
Upon all highways, a vehicle shall be driven upon the right
half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
(b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
(c) When the right half of a roadway is closed to traffic under
construction or repair.
(d) Upon a roadway restricted to one-way traffic.
(e) When the roadway is not of sufficient width.
(f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
(g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, where the operation is not otherwise
prohibited by this code or local ordinance.
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| CVC 21651 |
California Vehicle Code Section 21651 - Divided Highways
(a) Whenever a highway has been divided into two or more
roadways by means of intermittent barriers or by means of a dividing
section of not less than two feet in width, either unpaved or
delineated by curbs, double-parallel lines, or other markings on the
roadway, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing section.
(2) To make any left, semicircular, or U-turn with the vehicle on
the divided highway, except through an opening in the barrier
designated and intended by public authorities for the use of vehicles
or through a plainly marked opening in the dividing section.
(b) It is unlawful to drive any vehicle upon a highway, except to
the right of an intermittent barrier or a dividing section which
separates two or more opposing lanes of traffic. Except as otherwise
provided in subdivision (c), a violation of this subdivision is a
misdemeanor.
(c) Any willful violation of subdivision (b) which results in
injury to, or death of, a person shall be punished by imprisonment in
the state prison, or imprisonment in a county jail for a period of
not more than six months.
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| CVC 21655 |
California Vehicle Code Section 21655 - Designated Lanes for Certain Vehicles
(a) Whenever the Department of Transportation or local
authorities with respect to highways under their respective
jurisdictions determines upon the basis of an engineering and traffic
investigation that the designation of a specific lane or lanes for
the travel of vehicles required to travel at reduced speeds would
facilitate the safe and orderly movement of traffic, the department
or local authority may designate a specific lane or lanes for the
travel of vehicles which are subject to the provisions of Section 22406
and shall erect signs at reasonable intervals giving notice thereof.
(b) Any trailer bus, except as provided in Section 21655.5, and
any vehicle subject to the provisions of Section 22406 shall be
driven in the lane or lanes designated pursuant to subdivision (a)
whenever signs have been erected giving notice of that designation.
Except as otherwise provided in this subdivision, when a specific
lane or lanes have not been so designated, any of those vehicles
shall be driven in the right-hand lane for traffic or as close as
practicable to the right edge or curb. If, however, a specific lane
or lanes have not been designated on a divided highway having four or
more clearly marked lanes for traffic in one direction, any of those
vehicles may also be driven in the lane to the immediate left of
that right-hand lane, unless otherwise prohibited under this code.
When overtaking and passing another vehicle proceeding in the same
direction, the driver shall use either the designated lane, the lane
to the immediate left of the right-hand lane, or the right-hand lane
for traffic as permitted under this code.
This subdivision does not apply to a driver who is preparing for a
left- or right-hand turn or who is entering into or exiting from a
highway or to a driver who must necessarily drive in a lane other
than the right-hand lane to continue on his or her intended route.
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| CVC 21655.5 |
California Vehicle Code Section 21655.5 - Exclusive- or Preferential-Use Lanes for High Occupancy Vehicles
(a) The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may authorize or permit exclusive or preferential use
of highway lanes for high-occupancy vehicles. Prior to establishing
the lanes, competent engineering estimates shall be made of the
effect of the lanes on safety, congestion, and highway capacity.
(b) The Department of Transportation and local authorities, with
respect to highways under their respective jurisdictions, shall place
and maintain, or cause to be placed and maintained, signs and other
official traffic control devices to designate the exclusive or
preferential lanes, to advise motorists of the applicable vehicle
occupancy levels, and, except where ramp metering and bypass lanes
are regulated with the activation of traffic signals, to advise
motorists of the hours of high-occupancy vehicle usage. No person
shall drive a vehicle upon those lanes except in conformity with the
instructions imparted by the official traffic control devices. A
motorcycle, a mass transit vehicle, or a paratransit vehicle that is
clearly and identifiably marked on all sides of the vehicle with the
name of the paratransit provider may be operated upon those exclusive
or preferential use lanes unless specifically prohibited by a
traffic control device.
(c) When responding to an existing emergency or breakdown in which
a mass transit vehicle is blocking an exclusive or preferential use
lane, a clearly marked mass transit vehicle, mass transit supervisor's
vehicle, or mass transit maintenance vehicle that is responding to
the emergency or breakdown may be operated in the segment of the
exclusive or preferential use lane being blocked by the mass transit
vehicle, regardless of the number of persons in the vehicle
responding to the emergency or breakdown, if both vehicles are owned
or operated by the same agency, and that agency provides public mass
transit services.
(d) For purposes of this section, a "paratransit vehicle" is
defined in Section 462.
(e) For purposes of this section, a "mass transit vehicle" means a
transit bus regularly used to transport paying passengers in mass
transit service.
(f) It is the intent of the Legislature, in amending this section,
to stimulate and encourage the development of ways and means of
relieving traffic congestion on California highways and, at the same
time, to encourage individual citizens to pool their vehicular
resources and thereby conserve fuel and lessen emission of air
pollutants.
(g) The provisions of this section regarding mass transit vehicles
and paratransit vehicles shall only apply if the Director of
Transportation determines that the application will not subject the
state to a reduction in the amount of federal aid for highways.
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| CVC 21658 |
California Vehicle Code Section 21658 - Laned Roadways
Whenever any roadway has been divided into two or more
clearly marked lanes for traffic in one direction, the following
rules apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from the lane until such
movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic to
use a designated lane or allocating specified lanes to traffic
moving in the same direction, and drivers of vehicles shall obey the
directions of the traffic device.
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| CVC 21706 |
California Vehicle Code Section 21706 - Following Emergency Vehicles
No motor vehicle, except an authorized emergency vehicle,
shall follow within 300 feet of any authorized emergency vehicle
being operated under the provisions of Section 21055.
This section shall not apply to a police or traffic officer when
serving as an escort within the purview of Section 21057.
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| CVC 21753 |
California Vehicle Code Section 21753 - Yielding for Passing
Except when passing on the right is permitted, the driver of
an overtaken vehicle shall safely move to the right-hand side of the
highway in favor of the overtaking vehicle after an audible signal
or a momentary flash of headlights by the overtaking vehicle, and
shall not increase the speed of his or her vehicle until completely
passed by the overtaking vehicle. This section does not require the
driver of an overtaken vehicle to drive on the shoulder of the
highway in order to allow the overtaking vehicle to pass.
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| CVC 21755 |
California Vehicle Code Section 21755 - Pass from Right Safely
The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such movement
in safety. In no event shall such movement be made by driving off
the paved or main-traveled portion of the roadway.
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| CVC 21801 |
California Vehicle Code Section 21801 - Left-Turn or U-Turn
(a) The driver of a vehicle intending to turn to the left or
to complete a U-turn upon a highway, or to turn left into public or
private property, or an alley, shall yield the right-of-way to all
vehicles approaching from the opposite direction which are close
enough to constitute a hazard at any time during the turning
movement, and shall continue to yield the right-of-way to the
approaching vehicles until the left turn or U-turn can be made with
reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a), and
having given a signal when and as required by this code, may turn
left or complete a U-turn, and the drivers of vehicles approaching
the intersection or the entrance to the property or alley from the
opposite direction shall yield the right-of-way to the turning
vehicle.
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| CVC 21804 |
California Vehicle Code Section 21804 - Entry Onto Highway
(a) The driver of any vehicle about to enter or cross a
highway from any public or private property, or from an alley, shall
yield the right-of-way to all traffic, as defined in Section 620,
approaching on the highway close enough to constitute an immediate
hazard, and shall continue to yield the right-of-way to that traffic
until he or she can proceed with reasonable safety.
(b) A driver having yielded as prescribed in subdivision (a) may
proceed to enter or cross the highway, and the drivers of all other
vehicles approaching on the highway shall yield the right-of-way to
the vehicle entering or crossing the intersection.
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| CVC 21806 |
California Vehicle Code Section 21806 - Authorized Emergency Vehicles
Upon the immediate approach of an authorized emergency
vehicle which is sounding a siren and which has at least one lighted
lamp exhibiting red light that is visible, under normal atmospheric
conditions, from a distance of 1,000 feet to the front of the
vehicle, the surrounding traffic shall, except as otherwise directed
by a traffic officer, do the following:
(a) (1) Except as required under paragraph (2), the driver of
every other vehicle shall yield the right-of-way and shall
immediately drive to the right-hand edge or curb of the highway,
clear of any intersection, and thereupon shall stop and remain
stopped until the authorized emergency vehicle has passed.
(2) A person driving a vehicle in an exclusive or preferential use
lane shall exit that lane immediately upon determining that the exit
can be accomplished with reasonable safety.
(b) The operator of every street car shall immediately stop the
street car, clear of any intersection, and remain stopped until the
authorized emergency vehicle has passed.
(c) All pedestrians upon the highway shall proceed to the nearest
curb or place of safety and remain there until the authorized
emergency vehicle has passed.
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| CVC 21809 |
California Vehicle Code Section 21809 - Passing Stationary Emergency Vehicle or Tow Truck
(a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, a stationary tow truck that is displaying flashing amber
warning lights, or a stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights, shall
approach with due caution and, before passing in a lane immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, absent other direction by a
peace officer, proceed to do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle, tow truck, or
Department of Transportation vehicle, with due regard for safety and
traffic conditions, if practicable and not prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
(c) The requirements of subdivision (a) do not apply if the
stationary authorized emergency vehicle that is displaying emergency
lights, the stationary tow truck that is displaying flashing amber
warning lights, or the stationary marked Department of Transportation
vehicle that is displaying flashing amber warning lights is not
adjacent to the freeway or is separated from the freeway by a
protective physical barrier.
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| CVC 21950 |
California Vehicle Code Section 21950 - Right-of-Way at Crosswalks
(a) The driver of a vehicle shall yield the right-of-way to
a pedestrian crossing the roadway within any marked crosswalk or
within any unmarked crosswalk at an intersection, except as otherwise
provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of
using due care for his or her safety. No pedestrian may suddenly
leave a curb or other place of safety and walk or run into the path
of a vehicle that is so close as to constitute an immediate hazard.
No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any
marked or unmarked crosswalk shall exercise all due care and shall
reduce the speed of the vehicle or take any other action relating to
the operation of the vehicle as necessary to safeguard the safety of
the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from
the duty of exercising due care for the safety of any pedestrian
within any marked crosswalk or within any unmarked crosswalk at an
intersection.
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| CVC 22101 |
California Vehicle Code Section 22101 - Regulation of Turns at Intersection
(a) The Department of Transportation or local authorities in
respect to highways under their respective jurisdictions, may cause
official traffic control devices to be placed or erected within or
adjacent to intersections to regulate or prohibit turning movements
at such intersections.
(b) When turning movements are required at an intersection notice
of such requirement shall be given by erection of a sign, unless an
additional clearly marked traffic lane is provided for the approach
to the turning movement, in which event notice as applicable to such
additional traffic lane shall be given by any official traffic
control device.
(c) When right- or left-hand turns are prohibited at an
intersection notice of such prohibition shall be given by erection of
a sign.
(d) When official traffic control devices are placed as required
in subdivisions (b) or (c), it shall be unlawful for any driver of a
vehicle to disobey the directions of such official traffic control
devices.
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| CVC 22102 |
California Vehicle Code Section 22102 - U-Turn in Business District
No person in a business district shall make a U-turn, except
at an intersection, or on a divided highway where an opening has
been provided in accordance with Section 21651. This turning
movement shall be made as close as practicable to the extreme
left-hand edge of the lanes moving in the driver's direction of
travel immediately prior to the initiation of the turning movement,
when more than one lane in the direction of travel is present.
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| CVC 22103 |
California Vehicle Code Section 22103 - U-Turn in Residence District
No person in a residence district shall make a U-turn when
any other vehicle is approaching from either direction within 200 feet,
except at an intersection when the approaching vehicle is
controlled by an official traffic control device.
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| CVC 22349 |
California Vehicle Code Section 22349 - Maximum Speed Law
(a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey. For purposes of this subdivision, the following
apply:
(1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
(2) Passing lanes may not be considered when determining the
number of through lanes.
(c) It is the intent of the Legislature that there be reasonable
signing on affected two-lane, undivided highways described in
subdivision (b) in continuing the 55 miles-per-hour speed limit,
including placing signs at county boundaries to the extent possible,
and at other appropriate locations.
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| CVC 22350 |
California Vehicle Code Section 22350 - Basic Speed Law
No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.
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| CVC 22351 |
California Vehicle Code Section 22351 - Speed Law Violations
(a) The speed of any vehicle upon a highway not in excess of
the limits specified in Section 22352 or established as authorized
in this code is lawful unless clearly proved to be in violation of
the basic speed law.
(b) The speed of any vehicle upon a highway in excess of the prima
facie speed limits in Section 22352 or established as authorized in
this code is prima facie unlawful unless the defendant establishes by
competent evidence that the speed in excess of said limits did not
constitute a violation of the basic speed law at the time, place and
under the conditions then existing.
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| CVC 22352 |
California Vehicle Code Section 22352 - Prima Facie Speed Limits
(a) The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:
(1) Fifteen miles per hour:
(A) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have a
clear and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly visible
electrical or mechanical railway crossing signal device is installed
but does not then indicate the immediate approach of a railway train
or car.
(B) When traversing any intersection of highways if during the
last 100 feet of the driver's approach to the intersection the driver
does not have a clear and unobstructed view of the intersection and
of any traffic upon all of the highways entering the intersection for
a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.
(C) On any alley.
(2) Twenty-five miles per hour:
(A) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
(B) When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. The
prima facie limit shall also apply when approaching or passing any
school grounds which are not separated from the highway by a fence,
gate, or other physical barrier while the grounds are in use by
children and the highway is posted with a standard "SCHOOL" warning
sign. For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
(C) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign. A local authority
is not required to erect any sign pursuant to this paragraph until
donations from private sources covering those costs are received and
the local agency makes a determination that the proposed signing
should be implemented. A local authority may, however, utilize any
other funds available to it to pay for the erection of those signs.
(b) This section shall become operative on March 1, 2001.
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| CVC 22356 |
California Vehicle Code Section 22356 - Increase of Freeway Limit
(a) Whenever the Department of Transportation, after
consultation with the Department of the California Highway Patrol,
determines upon the basis of an engineering and traffic survey on
existing highway segments, or upon the basis of appropriate design
standards and projected traffic volumes in the case of newly
constructed highway segments, that a speed greater than 65 miles per
hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon any state highway, or portion
thereof, that is otherwise subject to a maximum speed limit of 65
miles per hour, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 70 miles per hour for vehicles not subject to
Section 22406, and shall cause appropriate signs to be erected
giving notice thereof. The Department of Transportation shall only
make a determination under this section that is fully consistent
with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed
greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
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| CVC 22366 |
California Vehicle Code Section 22366 - Establishment of 65 MPH Maximum Speed Limit - Notification
(a) Whenever the Director of Transportation determines the
date upon which the state may establish a maximum speed limit of 65
miles per hour on highways without subjecting the state to a
reduction in the amount of federal aid for highways, the director
shall notify the Secretary of State of that determination.
(b) The notice required under subdivision (a) shall state that it
is being made pursuant to this section.
(c) The notice shall specify a date which is either the date
determined pursuant to subdivision (a), or a later date designated by
the director.
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| CVC 22400 |
California Vehicle Code Section 22400 - Minimum Speed Law
(a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.
(b) Whenever the Department of Transportation determines on the
basis of an engineering and traffic survey that slow speeds on any
part of a state highway consistently impede the normal and reasonable
movement of traffic, the department may determine and declare a
minimum speed limit below which no person shall drive a vehicle,
except when necessary for safe operation or in compliance with law,
when appropriate signs giving notice thereof are erected along the
part of the highway for which a minimum speed limit is established.
Subdivision (b) of this section shall apply only to vehicles
subject to registration.
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| CVC 22450 |
California Vehicle Code Section 22450 - Stop Requirements
(a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop at a limit line,
if marked, otherwise before entering the crosswalk on the near side
of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.
(b) The driver of a vehicle approaching a stop sign at a railroad
grade crossing shall stop at a limit line, if marked, otherwise
before crossing the first track or entrance to the railroad grade
crossing.
(c) Notwithstanding any other provision of law, a local authority
may adopt rules and regulations by ordinance or resolution providing
for the placement of a stop sign at any location on a highway under
its jurisdiction where the stop sign would enhance traffic safety.
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| CVC 22454 |
California Vehicle Code Section 22454 - Schoolbus; Meeting and Passing
(a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
(d) This section also applies to a roadway upon private property.
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| CVC 22526 |
California Vehicle Code Section 22526 - Entering Occupied Intersection or Marked Crosswalk
(a) Notwithstanding any official traffic control signal
indication to proceed, a driver of a vehicle shall not enter an
intersection or marked crosswalk unless there is sufficient space on
the other side of the intersection or marked crosswalk to accommodate
the vehicle driven without obstructing the through passage of
vehicles from either side.
(b) A driver of a vehicle which is making a turn at an
intersection who is facing a steady circular yellow or yellow arrow
signal shall not enter the intersection or marked crosswalk unless
there is sufficient space on the other side of the intersection or
marked crosswalk to accommodate the vehicle driven without
obstructing the through passage of vehicles from either side.
(c) A driver of a vehicle shall not enter a railroad or rail
transit crossing, notwithstanding any official traffic control device
or signal indication to proceed, unless there is sufficient space on
the other side of the railroad or rail transit crossing to
accommodate the vehicle driven or there is sufficient undercarriage
clearance to cross the intersection without obstructing the through
passage of a railway vehicle, including, but not limited to, a train,
trolley, or city transit vehicle.
(d) A local authority may post appropriate signs at the entrance
to intersections indicating the prohibition in subdivisions
(a), (b), and (c).
(e) A violation of this section is not a violation of a law
relating to the safe operation of vehicles and is the following:
(1) A stopping violation when a notice to appear has been issued
by a peace officer described in Section 830.1, 830.2, or 830.33 of
the Penal Code.
(2) A parking violation when a notice of parking violation is
issued by a person, other than a peace officer described in
paragraph (1), who is authorized to enforce parking statutes
and regulations.
(f) This section shall be known and may be cited as the
Anti-Gridlock Act of 1987.
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| CVC 23103 |
California Vehicle Code Section 23103 - Reckless Driving
(a) A person who drives a vehicle upon a highway in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(b) A person who drives a vehicle in an offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars ($1,000),
or by both that fine and imprisonment, except as provided
in Section 23104 or 23105.
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| CVC 23115 |
California Vehicle Code Section 23115 - Rubbish Vehicles
(a) No vehicle transporting garbage, swill, used cans or
bottles, wastepapers, waste cardboard, ashes, refuse, trash, or
rubbish, or any noisome, nauseous, or offensive matter, or anything
being transported for disposal or recycling shall be driven or moved
upon any highway unless the load is totally covered in a manner that
will prevent the load or any part of the load from spilling or
falling from the vehicle.
(b) Subdivision (a) does not prohibit a rubbish vehicle from being
without cover while in the process of acquiring its load if no law,
administrative regulation, or local ordinance requires that it be
covered in those circumstances.
(c) Vehicles transporting wastepaper, waste cardboard, or used
cans or bottles, are in compliance with subdivision (a) if
appropriate binders including, but not limited to, bands, wires,
straps, or netting are used to prevent the load, or any part of the
load, from spilling or falling from the vehicle.
(d) This section does not apply to any vehicle engaged in
transporting wet waste fruit or vegetable matter, or waste products
to or from a food processing establishment.
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| CVC 23123 |
California Vehicle Code Section 23123 - Use of Wireless Telephone While Driving; Hands-Free Operation Required; Exceptions; Infraction Penalty
(a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while driving.
(b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor
vehicle on private property.
(g) This section shall become operative on July 1, 2011.
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| CVC 23123.5 |
California Vehicle Code Section 23123.5 - Text-Based Communication While Driving Prohibited; Exceptions
(a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication.
(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
(d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
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| CVC 23124 |
California Vehicle Code Section 23124 - Use of Wireless Telephone or Mobile Service Device by Driver Under 18 Prohibited
(a) This section applies to a person under the age of 18 years.
(b) Notwithstanding Section 23123, a person described in
subdivision (a) shall not drive a motor vehicle while using a
wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device.
(c) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123.
(f) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
services agency or entity.
(g) For the purposes of this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging device.
(h) This section shall become operative on July 1, 2008.
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| CVC 24250 |
California Vehicle Code Section 24250 - Lighting During Darkness
During darkness, a vehicle shall be equipped with lighted
lighting equipment as required for the vehicle by this chapter.
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| CVC 24400 |
California Vehicle Code Section 24400 - Headlamps on Motor Vehicles
(a) A motor vehicle, other than a motorcycle, shall be:
(1) Equipped with at least two headlamps, with at least one on
each side of the front of the vehicle, and, except as to vehicles
registered prior to January 1, 1930, they shall be located directly
above or in advance of the front axle of the vehicle. The headlamps
and every light source in any headlamp unit shall be located at a
height of not more than 54 inches nor less than 22 inches.
(2) Operated during darkness, or inclement weather, or both, with
at least two lighted headlamps that comply with paragraph (1).
(b) As used in paragraph (2) of subdivision (a), "inclement weather"
is a weather condition that is either of the following:
(1) A condition that prevents a driver of a motor vehicle from
clearly discerning a person or another motor vehicle on the highway
from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in
continuous use due to rain, mist, snow, fog, or other precipitation
or atmospheric moisture.
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| CVC 25257 |
California Vehicle Code Section 25257 - Schoolbus Warning Signal System
(a) Every schoolbus, when operated for the transportation of
schoolchildren, shall be equipped with a flashing red light signal
system.
(b) (1) Every schoolbus manufactured on or after September 1, 1992,
shall also be equipped with a stop signal arm. Any schoolbus
manufactured before September 1, 1992, may be equipped with a stop
signal arm.
(2) Any schoolbus manufactured on or after July 1, 1993, shall
also be equipped with an amber warning light system, in addition to
the flashing red light signal system. Any schoolbus manufactured
before July 1, 1993, may be equipped with an amber warning light
system.
(3) On or before September 1, 1992, the department shall adopt
regulations governing the specifications, installation, and use of
stop signal arms, to comply with federal standards.
(4) A "stop signal arm" is a device that can be extended outward
from the side of a schoolbus to provide a signal to other motorists
not to pass the bus because it has stopped to load or unload
passengers, that is manufactured pursuant to the specifications of
Federal Motor Vehicle Safety Standard No. 131, issued on April 25, 1991.
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| CVC 25950 |
California Vehicle Code Section 25950 - Color of Lamps and Reflectors
This section applies to the color of lamps and to any
reflector exhibiting or reflecting perceptible light of 0.05 candela
or more per foot-candle of incident illumination. Unless provided
otherwise, the color of lamps and reflectors upon a vehicle shall be
as follows:
(a) The emitted light from all lamps and the reflected light from
all reflectors, visible from in front of a vehicle, shall be white or
yellow, except as follows:
(1) Rear side marker lamps required by Section 25100 may show red
to the front.
(2) The color of foglamps described in Section 24403 may be in the
color spectrum from white to yellow.
(3) An illuminating device, as permitted under Section 24255,
shall emit radiation predominantly in the infrared region of the
electromagnetic spectrum. Any incidental visible light projecting to
the front of the vehicle shall be predominantly yellow to white.
Any incidental visible light projecting to the rear of the vehicle
shall be predominantly red. Any incidental visible light from an
illuminating device, as permitted under Section 24255, shall not
resemble any other required or permitted lighting device or official
traffic control device.
(b) The emitted light from all lamps and the reflected light from
all reflectors, visible from the rear of a vehicle, shall be red
except as follows:
(1) Stoplamps on vehicles manufactured before January 1, 1979, may
show yellow to the rear.
(2) Turn signal lamps may show yellow to the rear.
(3) Front side marker lamps required by Section 25100 may show
yellow to the rear.
(4) Backup lamps shall show white to the rear.
(5) The rearward facing portion of a front-mounted double-faced
turn signal lamp may show amber to the rear while the headlamps or
parking lamps are lighted, if the intensity of the light emitted is
not greater than the parking lamps and the turn signal function is
not impaired.
(6) A reflector meeting the requirements of, and installed in
accordance with, Section 24611 shall be red or white, or both.
(c) All lamps and reflectors visible from the front, sides, or
rear of a vehicle, except headlamps, may have any unlighted color,
provided the emitted light from all lamps or reflected light from all
reflectors complies with the required color. Except for backup
lamps, the entire effective projected luminous area of lamps visible
from the rear or mounted on the sides near the rear of a vehicle
shall be covered by an inner lens of the required color when the
unlighted color differs from the required emitted light color.
Taillamps, stoplamps, and turn signal lamps that are visible to the
rear may be white when unlighted on vehicles manufactured before
January 1, 1974.
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| CVC 25951 |
California Vehicle Code Section 25951 - Direction of Beams
Any lighted lamp or device upon a motor vehicle other than
headlamps, spotlamps, signal lamps, or auxiliary driving lamps,
warning lamps which projects a beam of light of an intensity greater
than 300 candlepower shall be so directed that no part of the beam
will strike the level of the roadway at a distance of more than 75
feet from the vehicle.
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| CVC 26708 |
California Vehicle Code Section 26708 - Material Obstructing or Reducing Driver's View
(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.
(3) This subdivision applies to a person driving a motor vehicle
with the driver's clear vision through the windshield, or side or
rear windows, obstructed by snow or ice.
(b) This section does not apply to any of the following:
(1) Rearview mirrors.
(2) Adjustable nontransparent sunvisors that are mounted forward
of the side windows and are not attached to the glass.
(3) Signs, stickers, or other materials that are displayed in a
7-inch square in the lower corner of the windshield farthest removed
from the driver, signs, stickers, or other materials that 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 that are displayed in a 5-inch square in the lower corner
of the windshield nearest the driver.
(4) Side windows that are to the rear of the driver.
(5) Direction, destination, or termini signs upon a passenger
common carrier motor vehicle or a schoolbus, if those signs do not
interfere with the driver's clear view of approaching traffic.
(6) Rear window wiper motor.
(7) Rear trunk lid handle or hinges.
(8) The rear window or windows, if the motor vehicle is equipped
with outside mirrors on both the left- and right-hand sides of the
vehicle that are so located as to reflect to the driver a view of the
highway through each mirror for a distance of at least 200 feet to
the rear of the vehicle.
(9) A clear, transparent lens affixed to the side window opposite
the driver on a vehicle greater than 80 inches in width and that
occupies an area not exceeding 50 square inches of the lowest corner
toward the rear of that window and that provides the driver with a
wide-angle view through the lens.
(10) Sun screening devices meeting the requirements of Section 26708.2
installed on the side windows on either side of the vehicle's
front seat, if the driver or a passenger in the front seat has in
his or her possession a letter or other document signed by a licensed
physician and surgeon certifying that the person must be shaded from
the sun due to a medical condition, or has in his or her possession
a letter or other document signed by a licensed optometrist
certifying that the person must be shaded from the sun due to a
visual condition. The devices authorized by this paragraph shall not
be used during darkness.
(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.
(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.
(c) Notwithstanding subdivision (a), transparent material may be
installed, affixed, or applied to the topmost portion of the
windshield if the following conditions apply:
(1) The bottom edge of the material is at least 29 inches above
the undepressed driver's seat when measured from a point 5 inches in
front of the bottom of the backrest with the driver's seat in its
rearmost and lowermost position with the vehicle on a level surface.
(2) The material is not red or amber in color.
(3) There is no opaque lettering on the material and any other
lettering does not affect primary colors or distort vision through
the windshield.
(4) The material does not reflect sunlight or headlight glare into
the eyes of occupants of oncoming or following vehicles to any
greater extent than the windshield without the material.
(d) Notwithstanding subdivision (a), clear, colorless, and
transparent material may be installed, affixed, or applied to the
front side windows, located to the immediate left and right of the
front seat if the following conditions are met:
(1) The material has a minimum visible light transmittance of 88
percent.
(2) The window glazing with the material applied meets all
requirements of Federal Motor Vehicle Safety Standard
No. 205 (49 C.F.R. 571.205), including the specified minimum light
transmittance of 70 percent and the abrasion resistance of AS-14 glazing,
as specified in that federal standard.
(3) The material is designed and manufactured to enhance the
ability of the existing window glass to block the sun's harmful
ultraviolet A rays.
(4) The driver has in his or her possession, or within the
vehicle, a certificate signed by the installing company certifying
that the windows with the material installed meet the requirements of
this subdivision and identifies the installing company and the
material's manufacturer by full name and street address, or, if the
material was installed by the vehicle owner, a certificate signed by
the material's manufacturer certifying that the windows with the
material installed according to manufacturer's instructions meets the
requirements of this subdivision and identifies the material's
manufacturer by full name and street address.
(5) If the material described in this subdivision tears or
bubbles, or is otherwise worn to prohibit clear vision, it shall be
removed or replaced.
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| CVC 27315 |
California Vehicle Code Section 27315 - Seat Belts
(a) The Legislature finds that a mandatory seatbelt law will
contribute to reducing highway deaths and injuries by encouraging
greater usage of existing manual seatbelts, that automatic crash
protection systems which require no action by vehicle occupants offer
the best hope of reducing deaths and injuries, and that encouraging
the use of manual safety belts is only a partial remedy for
addressing this major cause of death and injury. The Legislature
declares that the enactment of this section is intended to be
compatible with support for federal safety standards requiring
automatic crash protection systems and should not be used in any
manner to rescind federal requirements for installation of automatic
restraints in new cars.
(b) This section shall be known and may be cited as the Motor
Vehicle Safety Act.
(c) (1) As used in this section, "motor vehicle" means a passenger
vehicle, a motortruck, or a truck tractor, but does not include a
motorcycle.
(2) For purposes of this section, a "motor vehicle" also means a
farm labor vehicle, regardless of the date of certification under
Section 31401.
(d) (1) A person shall not operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt. This paragraph does not apply
to the operator of a taxicab, as defined in Section 27908, when the
taxicab is driven on a city street and is engaged in the
transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety
standard applicable to employees being transported in a motor
vehicle. This paragraph does not preempt more stringent or
restrictive standards imposed by the Labor Code or another state or
federal regulation regarding the transportation of employees in a
motor vehicle.
(2) The operator of a limousine for hire or the operator of an
authorized emergency vehicle, as defined in subdivision (a) of
Section 165, shall not operate the limousine for hire or authorized
emergency vehicle unless the operator and any passengers six years of
age or over or weighing 60 pounds or more in the front seat are
properly restrained by a safety belt.
(3) The operator of a taxicab shall not operate the taxicab unless
any passengers six years of age or over or weighing 60 pounds or
more in the front seat are properly restrained by a safety belt.
(e) A person 16 years of age or over shall not be a passenger in a
motor vehicle on a highway unless that person is properly restrained
by a safety belt. This subdivision does not apply to a passenger in
a sleeper berth, as defined in subdivision (x) of Section 1201 of
Title 13 of the California Code of Regulations.
(f) An owner of a motor vehicle, including an owner or operator of
a taxicab, as defined in Section 27908, or a limousine for hire,
operated on a highway shall maintain safety belts in good working
order for the use of occupants of the vehicle. The safety belts shall
conform to motor vehicle safety standards established by the United
States Department of Transportation. This subdivision, however, does
not require installation or maintenance of safety belts if not
required by the laws of the United States applicable to the vehicle
at the time of its initial sale.
(g) This section does not apply to a passenger or operator with a
physically disabling condition or medical condition that would
prevent appropriate restraint in a safety belt, if the condition is
duly certified by a licensed physician and surgeon or by a licensed
chiropractor who shall state the nature of the condition, as well as
the reason the restraint is inappropriate. This section also does not
apply to a public employee, when in an authorized emergency vehicle
as defined in paragraph (1) of subdivision (b) of Section 165, or to
a passenger in a seat behind the front seat of an authorized
emergency vehicle as defined in paragraph (1) of subdivision (b) of
Section 165 operated by the public employee, unless required by the
agency employing the public employee.
(h) Notwithstanding subdivision (a) of Section 42001, a violation
of subdivision (d), (e), or (f) is an infraction punishable by a fine
of not more than twenty dollars ($20) for a first offense, and a
fine of not more than fifty dollars ($50) for each subsequent
offense. In lieu of the fine and any penalty assessment or court
costs, the court, pursuant to Section 42005, may order that a person
convicted of a first offense attend a school for traffic violators or
another court-approved program in which the proper use of safety
belts is demonstrated.
(i) In a civil action, a violation of subdivision (d), (e), or (f)
or information of a violation of subdivision (h) does not establish
negligence as a matter of law or negligence per se for comparative
fault purposes, but negligence may be proven as a fact without regard
to the violation.
(j) If the United States Secretary of Transportation fails to
adopt safety standards for manual safety belt systems by September 1,
1989, a motor vehicle manufactured after that date for sale or sold
in this state shall not be registered unless it contains a manual
safety belt system that meets the performance standards applicable to
automatic crash protection devices adopted by the United States
Secretary of Transportation pursuant to Federal Motor Vehicle Safety
Standard No. 208 (49 C.F.R. 571.208) as in effect on January 1, 1985.
(k) A motor vehicle offered for original sale in this state which
has been manufactured on or after September 1, 1989, shall comply
with the automatic restraint requirements of Section S4.1.2.1 of
Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), as
published in Volume 49 of the Federal Register, No. 138, page 29009.
An automobile manufacturer that sells or delivers a motor vehicle
subject to this subdivision, and fails to comply with this
subdivision, shall be punished by a fine of not more than five
hundred dollars ($500) for each sale or delivery of a noncomplying
motor vehicle.
(l) Compliance with subdivision (j) or (k) by a manufacturer shall
be made by self-certification in the same manner as
self-certification is accomplished under federal law.
(m) This section does not apply to a person actually engaged in
delivery of newspapers to customers along the person's route if the
person is properly restrained by a safety belt prior to commencing
and subsequent to completing delivery on the route.
(n) This section does not apply to a person actually engaged in
collection and delivery activities as a rural delivery carrier for
the United States Postal Service if the person is properly restrained
by a safety belt prior to stopping at the first box and subsequent
to stopping at the last box on the route.
(o) This section does not apply to a driver actually engaged in
the collection of solid waste or recyclable materials along that
driver's collection route if the driver is properly restrained by a
safety belt prior to commencing and subsequent to completing the
collection route.
(p) Subdivisions (d), (e), (f), (g), and (h) shall become
inoperative immediately upon the date that the United States
Secretary of Transportation, or his or her delegate, determines to
rescind the portion of the Federal Motor Vehicle Safety Standard No. 208
(49 C.F.R. 571.208) which requires the installation of automatic
restraints in new motor vehicles, except that those subdivisions
shall not become inoperative if the secretary's decision to rescind
that Standard No. 208 is not based, in any respect, on the enactment
or continued operation of those subdivisions.
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| CVC 27360 |
California Vehicle Code Section 27360 - Child Restraint Requirements; Under 60 lbs. or Under Age 6 yrs.
(a) A parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may not permit his or her child
or ward to be transported upon a highway in the motor vehicle
without properly securing the child or ward in a rear seat in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards, unless the child or ward is one of the following:
(1) Six years of age or older.
(2) Sixty pounds or more.
(b) (1) A driver may not transport on a highway a child in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a rear seat in a child passenger restraint system meeting
applicable federal motor vehicle safety standards, unless the child
is one of the following:
(A) Six years of age or older.
(B) Sixty pounds or more.
(2) This subdivision does not apply to a driver if the parent or
legal guardian of the child is also present in the vehicle and is not
the driver.
(c) (1) For purposes of subdivisions (a) and (b), and except as
provided in paragraph (2), a child or ward under the age of six years
who weighs less than 60 pounds may ride in the front seat of a motor
vehicle, if properly secured in a child passenger restraint system
that meets applicable federal motor vehicle safety standards, under
any of the following circumstances:
(A) There is no rear seat.
(B) The rear seats are side-facing jump seats.
(C) The rear seats are rear-facing seats.
(D) The child passenger restraint system cannot be installed
properly in the rear seat.
(E) All rear seats are already occupied by children under the age
of 12 years.
(F) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child's
medical condition.
(2) A child or ward may not ride in the front seat of a motor
vehicle with an active passenger airbag if the child or ward is one
of the following:
(A) Under one year of age.
(B) Less than 20 pounds.
(C) Riding in a rear-facing child passenger restraint system.
(d) (1) (A) A first offense under this section is punishable by a
fine of one hundred dollars ($100), except that the court may reduce
or waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of a child passenger restraint system for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(2) (A) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(e) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
program that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists an economically disadvantaged family in
obtaining a restraint system through a low-cost purchase or loan. The
county or city health department shall designate a coordinator to
facilitate the creation of a special account and to develop a
relationship with the court system to facilitate the transfer of
funds to the program. The county or city may contract for the
implementation of the program. Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
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| CVC 27360.5 |
California Vehicle Code Section 27360.5 - Child Safty Belt Requirements; Over 60 lbs. & Over Age 6 yrs. but Under Age 16 yrs.
(a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may permit his or her child or
ward who is six years of age or older, but less than 16 years of age,
or who is less than six years of age and weighs 60 pounds or more to
be transported upon a highway in the motor vehicle without properly
securing the child or ward in an appropriate child passenger
restraint system or safety belt meeting applicable federal motor
vehicle safety standards.
(b) No driver may transport on a highway any child who is six
years of age or older, but less than 16 years of age, or who is less
than six years of age and weighs 60 pounds or more in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a child passenger restraint system or safety belt meeting
applicable federal motor vehicle safety standards. This subdivision
does not apply to a driver if the parent or legal guardian of the
child is also present in the vehicle and is not the driver.
(c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a child restraint education
program that includes, but is not limited to, demonstration of the
proper installation and use of child passenger restraint systems for
children of all ages, and provides economically disadvantaged
families with a child passenger restraint low-cost purchase or loaner
program. Upon completion of the program, the defendant shall provide
proof of participation in the program that includes an inspection of
a child passenger restraint system that meets applicable federal
safety standards. If an education program on the proper installation
and use of a child passenger restraint system is not available
within 50 miles of the residence of the defendant, the requirement to
participate in that program shall be waived. If the fine is paid,
waived, or reduced, the court shall report the conviction to the
department pursuant to Section 1803.
The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(2) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
The court may at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) Sixty percent to county or city health departments where the
violation occurred, to be used for an education program that
includes, but is not limited to, the demonstration of proper
installation and use of child passenger restraint systems for
children of all ages and provides child restraints for loan or
low-cost purchase.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
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| CVC 40500 |
California Vehicle Code Section 40500 - Notice to Appear
(a) Whenever a person is arrested for any violation of this
code not declared to be a felony, or for a violation of an ordinance
of a city or county relating to traffic offenses and he or she is not
immediately taken before a magistrate, as provided in this chapter,
the arresting officer shall prepare in triplicate a written notice to
appear in court or before a person authorized to receive a deposit
of bail, containing the name and address of the person, the license
number of his or her vehicle, if any, the name and address, when
available, of the registered owner or lessee of the vehicle, the
offense charged and the time and place when and where he or she shall
appear. If the arrestee does not have a driver's license or other
satisfactory evidence of identity in his or her possession, the
officer may require the arrestee to place a right thumbprint, or a
left thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. Except for law
enforcement purposes relating to the identity of the arrestee, no
person or entity may sell, give away, allow the distribution of,
include in a database, or create a database with, this print.
(b) The Judicial Council shall prescribe the form of the notice to
appear.
(c) Nothing in this section requires the law enforcement agency or
the arresting officer issuing the notice to appear to inform any
person arrested pursuant to this section of the amount of bail
required to be deposited for the offense charged.
(d) Once the arresting officer has prepared the written notice to
appear, and has delivered a copy to the arrested person, the officer
shall deliver the remaining original and all copies of the notice to
appear as provided by Section 40506.
Any person, including the arresting officer and any member of the
officer's department or agency, or any peace officer, who alters,
conceals, modifies, nullifies, or destroys, or causes to be altered,
concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or
with a person authorized by the magistrate or judge to receive a
deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer or other officer of the
issuing agency, determines that, in the interest of justice, the
citation or notice should be dismissed, the arresting agency may
recommend, in writing, to the magistrate or judge that the case be
dismissed. The recommendation shall cite the reasons for the
recommendation and be filed with the court.
If the magistrate or judge makes a finding that there are grounds
for dismissal, the finding shall be entered on the record and the
infraction or misdemeanor dismissed.
Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
dismissal.
(e) (1) A person contesting a charge by claiming under penalty of
perjury not to be the person issued the notice to appear may choose
to submit a right thumbprint, or a left thumbprint if the person has
a missing or disfigured right thumb, to the issuing court through his
or her local law enforcement agency for comparison with the one
placed on the notice to appear. A local law enforcement agency
providing this service may charge the requester no more than the
actual costs. The issuing court may refer the thumbprint submitted
and the notice to appear to the prosecuting attorney for comparison
of the thumbprints. When there is no thumbprint or fingerprint on
the notice to appear, or when the comparison of thumbprints is
inconclusive, the court shall refer the notice to appear or copy
thereof back to the issuing agency for further investigation, unless
the court determines that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by
referral of the court, the court shall continue the case and the
speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency's or prosecuting attorney's
response, the court may make a finding of factual innocence pursuant
to Section 530.6 of the Penal Code if the court determines that
there is insufficient evidence that the person cited is the person
charged and shall immediately notify the Department of Motor Vehicles
of its determination. If the Department of Motor Vehicles
determines the citation or citations in question formed the basis of
a suspension or revocation of the person's driving privilege, the
department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond
to a court referral within 45 days, the court shall make a finding
of factual innocence pursuant to Section 530.6 of the Penal Code,
unless the court determines that a finding of factual innocence is
not in the interest of justice.
(5) The citation or notice to appear may be held by the
prosecuting attorney or issuing agency for future adjudication should
the arrestee who received the citation or notice to appear be found.
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| CVC 40502 |
California Vehicle Code Section 40502 - Place to Appear
The place specified in the notice to appear shall be any of
the following:
(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the magistrate nearest or most accessible to the
place where the arrest is made.
(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the superior court are persons
authorized to receive bail in accordance with a schedule of bail
approved by the judges of that court.
(d) Before the juvenile court, a juvenile court referee, or a
juvenile hearing officer within the county in which the offense
charged is alleged to have been committed, if the person arrested
appears to be under the age of 18 years. The juvenile court shall by
order designate the proper person before whom the appearance is to
be made.
In a county that has implemented the provisions of Section 603.5
of the Welfare and Institutions Code, if the offense alleged to have
been committed by a minor is classified as an infraction under this
code, or is a violation of a local ordinance involving the driving,
parking, or operation of a motor vehicle, the citation shall be
issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in subdivision (d).
If the place specified in the notice to appear is within a county
where a department of the superior court is to hold a night session
within a period of not more than 10 days after the arrest, the notice
to appear shall contain, in addition to the above, a statement
notifying the person arrested that the person may appear before a
night session of the court.
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| CVC 40505 |
California Vehicle Code Section 40505 - Copy of Notice
Whenever any traffic or police officer delivers a notice to
appear or notice of violation charging an offense under this code to
any person, it shall include all information set forth upon the copy
of the notice filed with a magistrate and no traffic or police
officer shall set forth on any notice filed with a magistrate or
attach thereto or accompany the notice with any written statement
giving information or containing allegations which have not been
delivered to the person receiving the notice to appear or notice of
violation.
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| CVC 40506 |
California Vehicle Code Section 40506 - Filing Copies
The officer shall, as soon as practicable, file a copy of
the notice with the magistrate or before a person authorized by the
magistrate or judge to receive a deposit of bail specified therein,
and a copy with the commissioner, chief of police, sheriff or other
superior officer of the arresting officer.
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| CVC 40506.5 |
California Vehicle Code Section 40506.5 - Continuance
Prior to the date upon which the defendant promised to
appear and without depositing bail, the defendant may request a
continuance of the written promise to appear. A judge of the
superior court may authorize the clerk to grant the continuance.
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| CVC 40519 |
California Vehicle Code Section 40519 - Trial Scheduling; Written Not Guilty
(a) Any person who has received a written notice to appear
for an infraction may, prior to the time at which the person is
required to appear, make a deposit and declare the intention to plead
not guilty to the clerk of the court named in the notice to appear.
The deposit shall be in the amount of bail established pursuant to
Section 1269b of the Penal Code, together with any assessment
required by Section 42006 of this code or Section 1464 of the Penal
Code, for the offense charged, and shall be used for the purpose of
guaranteeing the appearance of the defendant at the time and place
scheduled by the clerk for arraignment and for trial, and to apply
toward the payment of any fine or assessment prescribed by the court
in the event of conviction. The case shall thereupon be set for
arraignment and trial on the same date, unless the defendant requests
separate arraignment.
(b) Any person who has received a written notice to appear may,
prior to the time at which the person is required to appear, plead
not guilty in writing in lieu of appearing in person. The written
plea shall be directed to the court named in the notice to appear
and, if mailed, shall be sent by certified or registered mail
postmarked not later than five days prior to the day upon which
appearance is required. The written plea and request to the court or
city agency shall be accompanied by a deposit consisting of the
amount of bail established pursuant to Section 1269b of the Penal
Code, together with any assessment required by Section 42006 of this
code or Section 1464 of the Penal Code, for that offense, which
amount shall be used for the purpose of guaranteeing the appearance
of the defendant at the time and place set by the court for trial and
to apply toward the payment of any fine or assessment prescribed by
the court in the event of conviction. Upon receipt of the plea and
deposit, the case shall be set for arraignment and trial on the same
date, unless the defendant requests separate arraignment.
Thereafter, the case shall be conducted in the same manner as if the
defendant had appeared in person, had made his or her plea in open
court, and had deposited that sum as bail. The court or the clerk of
the court shall notify the accused of the time and place of trial by
first-class mail postmarked at least 10 days prior to the time set
for the trial. Any person using this procedure shall be deemed to
have waived the right to be tried within the statutory period.
(c) Any person using the procedure set forth in subdivision (a) or
(b) shall be deemed to have given a written promise to appear at the
time designated by the court for trial, and failure to appear at the
trial shall constitute a misdemeanor.
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| CVC 40801 |
California Vehicle Code Section 40801 - Speed Trap Probibition
No peace officer or other person shall use a speed trap in
arresting, or participating or assisting in the arrest of, any person
for any alleged violation of this code nor shall any speed trap be
used in securing evidence as to the speed of any vehicle for the
purpose of an arrest or prosecution under this code.
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| CVC 40802 |
California Vehicle Code Section 40802 - Speed Trap
(a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section 22352,
or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period.
"School zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
(c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10 years.
(ii) This subparagraph does not apply to a local street, road, or school zone.
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| CVC 40803 |
California Vehicle Code Section 40803 - Speed Trap Evidence
(a) No evidence as to the speed of a vehicle upon a highway
shall be admitted in any court upon the trial of any person in any
prosecution under this code upon a charge involving the speed of a
vehicle when the evidence is based upon or obtained from or by the
maintenance or use of a speedtrap.
(b) In any prosecution under this code of a charge involving the
speed of a vehicle, where enforcement involves the use of radar or
other electronic devices which measure the speed of moving objects,
the prosecution shall establish, as part of its prima facie case,
that the evidence or testimony presented is not based upon a
speedtrap as defined in paragraph (2) of subdivision (a)
of Section 40802.
(c) When a traffic and engineering survey is required pursuant to
paragraph (2) of subdivision (a) of Section 40802, evidence that a
traffic and engineering survey has been conducted within five years
of the date of the alleged violation or evidence that the offense was
committed on a local street or road as defined in paragraph (2) of
subdivision (a) of Section 40802 shall constitute a prima facie case
that the evidence or testimony is not based upon a speedtrap as
defined in paragraph (2) of subdivision (a) of Section 40802.
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| CVC 40804 |
California Vehicle Code Section 40804 - Testimony Based on Speed Trap
(a) In any prosecution under this code upon a charge
involving the speed of a vehicle, an officer or other person shall be
incompetent as a witness if the testimony is based upon or obtained
from or by the maintenance or use of a speed trap.
(b) An officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 (commencing
with Section 20000) and 11 (commencing with Section 21000) is
incompetent as a witness if at the time of that arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.
(c) This section does not apply to an officer assigned exclusively
to the duty of investigating and securing evidence in reference to
the theft of a vehicle or failure of a person to stop in the event of
an accident or violation of Section 23109 or 23109.1 or in reference
to a felony charge or to an officer engaged in serving a warrant
when the officer is not engaged in patrolling the highways for the
purpose of enforcing the traffic laws.
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| CVC 40902 |
California Vehicle Code Section 40902 - Trial By Written Declaration
(a)(1) The court , pursuant to this section, shall, by
rule, provide that the defendant may elect to have a trial by written
declaration upon any alleged infraction, as charged by the citing
officer, involving a violation of this code or any local ordinance
adopted pursuant to this code, other than an infraction cited
pursuant to Article 2 (commencing with Section 23152) of Chapter 12
of Division 11.
(2) The Judicial Council may adopt rules and forms governing
trials by declaration in accordance with this section. Any rule or
form adopted by the Judicial Council pursuant to this paragraph shall
supersede any local rule of a court adopted pursuant to paragraph (1).
(b) If the defendant elects to have a trial by written
declaration, the defendant shall, at the time of submitting that
declaration, submit bail in the amount established in the uniform
traffic penalty schedule pursuant to Section 40310. If the defendant
is found not guilty or if the charges are otherwise dismissed, the
amount of the bail shall be promptly refunded to the defendant.
(c) Notwithstanding Division 10 (commencing with Section 1200) of
the Evidence Code, the rules governing trials by written declaration
may provide for testimony and other relevant evidence to be
introduced in the form of a notice to appear issued pursuant to
Section 40500, a business record or receipt, a sworn declaration of
the arresting officer, or a written statement or letter signed by the
defendant.
(d) If the defendant is dissatisfied with a decision of the court
in a proceeding pursuant to this section, the defendant shall be
granted a trial de novo.
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| CVC 40903 |
California Vehicle Code Section 40903 - Failure to Appear; Trial by Written Declaration
(a) Any person who fails to appear as provided by law may be
deemed to have elected to have a trial by written declaration upon
any alleged infraction, as charged by the citing officer, involving a
violation of this code or any local ordinance adopted pursuant to
this code.
(b) Notwithstanding Division 10 (commencing with Section 1200) of
the Evidence Code, testimony and other relevant evidence may be
introduced in the form of a notice to appear issued pursuant to
Section 40500, a notice of parking violation issued pursuant to
Section 40202, a notice of delinquent parking violation issued
pursuant to Section 40206, a business record or receipt, a sworn
declaration of the arresting officer, or a written statement or
letter signed by the defendant.
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