vehicle codes
VEHICLE CODES

Lighting During Darkness

24250. During darkness, a vehicle shall be equipped with lighted
lighting equipment as required for the vehicle by this chapter.

Lighting Distance Requirements

24251. Any requirement in this chapter as to the distance from
which any lighting equipment shall render a person or vehicle visible or within
which any lighting equipment shall be visible shall apply during darkness, directly
ahead upon a straight, level unlighted highway, and under normal atmospheric
conditions, unless a different time, direction, or condition is expressly stated.

Lighting Equipment Requirements

24252. (a) All lighting equipment of a required type installed
on a vehicle shall at all times be maintained in good working order. Lamps shall
be equipped with bulbs of the correct voltage rating corresponding to the nominal
voltage at the lamp socket.

(b) The voltage at any tail, stop, license plate, side marker
or clearance lamp socket on a vehicle shall not be less than 85 percent of the
design voltage of the bulb. Voltage tests shall be conducted with the engine
operating.

(c) Two or more lamp or reflector functions may be combined,
provided each function subject to requirements established by the department
meets such requirements.

(1) No turn signal lamp may be combined optically with a stoplamp
unless the stoplamp is extinguished when the turn signal is flashing.

(2) No clearance lamp may be combined optically with any taillamp
or identification lamp.

Headlamps on Motor Vehicles

24400. During darkness, every motor vehicle other than a motorcycle,
shall be equipped with at least two lighted 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.

Windshield Wipers On = Headlights On

“every motor vehicle, other than a motorcycle, be operated
with headlamps whenever weather conditions prevent a driver from clearly discerning
a person or other motor vehicle on the highway from a distance of 1000 feet,
or when driving in conditions that require windshield wipers to be in continuous
use.”

Auxiliary Driving and Passing
Lamps

24402. (a) Any motor vehicle may be equipped with not to exceed
two auxiliary driving lamps mounted on the front at a height of not less than
16 inches nor more than 42 inches. Driving lamps are lamps designed for supplementing
the upper beam from headlamps and may not be lighted with the lower beam.

(b) Any motor vehicle may be equipped with not to exceed two
auxiliary passing lamps mounted on the front at a height of not less than 24
inches nor more than 42 inches. Passing lamps are lamps designed for supplementing
the lower beam from headlamps and may also be lighted with the upper beam.


Foglamps

24403. ( ) (a) A motor vehicle may be equipped with not more
than two foglamps that may be used with, but may not be used in substitution
of, headlamps.

(b) On a motor vehicle other than a motorcycle, the foglamps
authorized under this section shall be mounted on the front at a height of not
less than 12 inches nor more than 30 inches and aimed so that when the vehicle
is not loaded none of the high-intensity portion of the light to the left of
the center of the vehicle projects higher than a level of four inches below
the level of the center of the lamp from which it comes, for a distance of 25
feet in front of the vehicle.

(c) On a motorcycle, the foglamps authorized under this section
shall be mounted on the front at a height of not less than 12 inches nor more
than 40 inches and aimed so that when the vehicle is not loaded none of the
high-intensity portion of the light to the left of the center of the vehicle
projects higher than a level of four inches below the level of the center of
the lamp from which it comes, for a distance of 25 feet in front of the vehicle.
Amended Sec. 20, Ch. 451, Stats. 2003. Effective January 1, 2004.

The 2003 amendment added the italicized material, and at the
point(s) indicated, deleted the following “Any motor vehicle may be equipped
with not to exceed two foglamps which may be used with, but shall not be used
in substitution of, headlamps. Fog lamps shall be mounted on the front at a
height of not less than 12 inches nor more than 30 inches and so aimed that
when the vehicle is not loaded none of the high-intensity portion of the light
to the left of the center of the vehicle shall at a distance of 25 feet ahead
project higher than a level of four inches below the level of the center of
the lamp from which it comes.”

Multiple Beams

24406. Except as otherwise provided, the headlamps, or other
auxiliary driving lamps, or a combination thereof, on a motor vehicle during
darkness shall be so arranged that the driver may select at will between distributions
of light projected to different elevations, and the lamps may, in addition,
be so arranged that the selection can be made automatically.

Upper and Lower Beam

24407. Multiple-beam road lighting equipment shall be designed
and aimed as follows:

(a) There shall be an uppermost distribution of light, or composite
beam, so aimed and of such intensity as to reveal persons and vehicles at a
distance of at least 350 feet ahead for all conditions of loading.

(b) There shall be a lowermost distribution of light, or composite
beam so aimed and of sufficient intensity to reveal a person or vehicle at a
distance of at least 100 feet ahead. On a straight level road under any condition
of loading none of the high intensity portion of the beam shall be directed
to strike the eyes of an approaching driver.
Amended Ch. 547, Stats. 1963. Effective September 20, 1963.


Use of Multiple Beams

24409. Whenever a motor vehicle is being operated during darkness,
the driver shall use a distribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and vehicles at a safe
distance in advance of the vehicle, subject to the following requirements and
limitations:

(a) Whenever the driver of a vehicle approaches an oncoming
vehicle within 500 feet, he shall use a distribution of light or composite beam
so aimed that the glaring rays are not projected into the eyes of the oncoming
driver.

The lowermost distribution of light specified in this article
shall be deemed to avoid glare at all times regardless of road contour.

(b) Whenever the driver of a vehicle follows another vehicle
within 300 feet to the rear, he shall use the lowermost distribution of light
specified in this article.
Amended Ch. 37, Stats. 1965. Effective September 17, 1965.

Single Beams

24410. Headlamps arranged to provide a single distribution of
light not supplemented by auxiliary driving lamps are permitted on motor vehicles
manufactured and sold prior to September 19, 1940, in lieu of multiple-beam
road lighting equipment if the single distribution of light complies with the
following requirements and limitations.

(a) The headlamps shall be so aimed that when the vehicle is
not loaded none of the high-intensity portion of the light shall at a distance
of 25 feet ahead project higher than a level of five inches below the level
of the center of the lamp from which it comes, and in no case higher than 42
inches above the level on which the vehicle stands at a distance of 75 feet
ahead.

(b) The intensity shall be sufficient to reveal persons and
vehicles at a distance of at least 200 feet.

Taillamps

24600. During darkness every motor vehicle which is not in combination
with any other vehicle and every vehicle at the end of a combination of vehicles
shall be equipped with lighted taillamps mounted on the rear as follows:

(a) Every vehicle shall be equipped with one or more taillamps.

(b) Every vehicle, other than a motorcycle, manufactured and
first registered on or after January 1, 1958, shall be equipped with not less
than two taillamps, except that trailers and semitrailers manufactured after
July 23, 1973, which are less than 30 inches wide, may be equipped with one
taillamp which shall be mounted at or near the vertical centerline of the vehicles.
If a vehicle is equipped with two taillamps, they shall be mounted as specified
in subdivision (d).

(c) Every vehicle or vehicle at the end of a combination of
vehicles, subject to subdivision (a) of Section 22406 shall be equipped with
not less than two taillamps.

(d) When two taillamps are required, at least one shall be
mounted at the left and one at the right side respectively at the same level.

(e) Taillamps shall be red in color and shall be plainly visible
from all distances within 500 feet to the rear except that taillamps on vehicles
manufactured after January 1, 1969, shall be plainly visible from all distances
within 1,000 feet to the rear.

(f) Taillamps on vehicles manufactured on or after January
1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches,
except that a tow truck, in addition to being equipped with the required taillamps,
may also be equipped with two taillamps which may be mounted not lower than
15 inches nor higher than the maximum allowable vehicle height and as far forward
as the rearmost portion of the driver’s seat in the rearmost position. The additional
taillamps on a tow truck shall be lighted whenever the headlamps are lighted.


Stoplamps

24603. Every motor vehicle which is not in combination with
any other vehicle and every vehicle at the end of a combination of vehicles
shall at all times be equipped with stoplamps mounted on the rear as follows:

(a) Every such vehicle shall be equipped with one or more stoplamps.

(b) Every such vehicle, other than a motorcycle, manufactured
and first registered on or after January 1, 1958, shall be equipped with two
stoplamps, except that trailers and semitrailers manufactured after July 23,
1973, which are less than 30 inches wide, may be equipped with one stoplamp
which shall be mounted at or near the vertical centerline of the trailer. If
such vehicle is equipped with two stoplamps, they shall be mounted as specified
in subdivision (d).

(c) Except as provided in subdivision (h), stoplamps on vehicles
manufactured on or after January 1, 1969, shall be mounted not lower than 15
inches nor higher than 72 inches, except that a tow truck, in addition to being
equipped with the required stoplamps, may also be equipped with two stoplamps
which may be mounted not lower than 15 inches nor higher than the maximum allowable
vehicle height and as far forward as the rearmost portion of the driver’s seat
in the rearmost position.

(d) Where two stoplamps are required, at least one shall be
mounted at the left and one at the right side, respectively, at the same level.

(e) Stoplamps on vehicles manufactured on or after January
1, 1979, shall emit a red light. Stoplamps on vehicles manufactured before January
1, 1979, shall emit a red or yellow light. All stoplamps shall be plainly visible
and understandable from a distance of 300 feet to the rear both during normal
sunlight and at nighttime, except that stoplamps on a vehicle of a size required
to be equipped with clearance lamps shall be visible from a distance of 500
feet during such times.

(f) Stoplamps shall be activated upon application of the service
(foot) brake and the hand control head for air, vacuum, or electric brakes.
In addition, all stoplamps may be activated by a mechanical device designed
to function only upon sudden release of the accelerator while the vehicle is
in motion. Stoplamps on vehicles equipped with a manual transmission may be
manually activated by a mechanical device when the vehicle is downshifted if
the device is automatically rendered inoperative while the vehicle is accelerating.

(g) Any vehicle may be equipped with supplemental stoplamps
mounted to the rear of the rearmost portion of the driver’s seat in its rearmost
position in addition to the lamps required to be mounted on the rear of the
vehicle. Supplemental stoplamps installed after January 1, 1979, shall be red
in color and mounted not lower than 15 inches above the roadway. The supplemental
stoplamp on that side of a vehicle toward which a turn will be made may flash
as part of the supplemental turn signal lamp.

A supplemental stoplamp may be mounted inside the rear window
of a vehicle, if it is mounted at the centerline of the vehicle and is constructed
and mounted so as to prevent any light, other than a monitorial indicator emitted
from the device, either direct or reflected, from being visible to the driver.

(h) Any supplemental stoplamp installed after January 1, 1987,
shall comply with Federal Motor Vehicle Safety Standard No. 108 (49 C.F.R. 571.108).
Any vehicle equipped with a stoplamp which complies with the federal motor vehicle
safety standards applicable to that make and model vehicle shall conform to
that applicable safety standard unless modified to comply with the federal motor
vehicle safety standard designated in this subdivision.
Amended Ch. 924, Stats. 1988. Effective January 1, 1989.

Backup Lamps

24606. (a) Every motor vehicle, other than a motorcycle, of
a type subject to registration and manufactured on and after January 1, 1969,
shall be equipped with one or more backup lamps either separately or in combination
with another lamp. Any vehicle may be equipped with backup lamps.

(b) Backup lamps shall be so directed as to project a white
light illuminating the highway to the rear of the vehicle for a distance not
to exceed 75 feet. A backup lamp may project incidental red, amber, or white
light through reflectors or lenses that are adjacent or close to, or a part
of, the lamp assembly.

(c) Backup lamps shall not be lighted except when the vehicle
is about to be or is backing or except in conjunction with a lighting system
which activates the lights for a temporary period after the ignition system
is turned off.

(d) Any motor vehicle may be equipped with a lamp emitting
white light on each side near or on the rear of the vehicle which is designed
to provide supplemental illumination in an area to the side and rear not lighted
by the backup lamps. These lamps shall be lighted only with the backup lamps.
Amended Ch. 813, Stats. 1981. Effective January 1, 1982.

Turn Signal System Required

24950. Whenever any motor vehicle is towing a trailer coach
or a camp trailer the combination of vehicles shall be equipped with a lamp-type
turn signal system.
Amended Ch. 1536, Stats. 1971. Operative May 3, 1972.

Turn Signal System

24951. (a) Any vehicle may be equipped with a lamp-type turn
signal system capable of clearly indicating any intention to turn either to
the right or to the left.

(b) The following vehicles shall be equipped with a lamp-type
turn signal system meeting the requirements of this chapter.

(1) Motor trucks, truck tractors, buses and passenger vehicles,
other than motorcycles, manufactured and first registered on or after January
1, 1958.

(2) Trailers and semitrailers manufactured and first registered
between December 31, 1957, and January 1, 1969, having a gross weight of 6,000
pounds or more.

(3) Trailers and semitrailers 80 or more inches in width manufactured
on or after January 1, 1969.

(4) Motorcycles manufactured and first registered on or after
January 1, 1973, except motor-driven cycles whose speed attainable in one mile
is 30 miles per hour or less.

The requirements of this subdivision shall not apply to special
mobile equipment, or auxiliary dollies.

(c) Turn signal lamps on vehicles manufactured on or after
January 1, 1969, shall be mounted not lower than 15 inches.
Amended Ch. 475, Stats. 1975. Effective January 1, 1976.

Visibility Requirements
of Signals

24952. A lamp-type turn signal shall be plainly visible and
understandable in normal sunlight and at nighttime from a distance of at least
300 feet to the front and rear of the vehicle, except that turn signal lamps
on vehicles of a size required to be equipped with clearance lamps shall be
visible from a distance of 500 feet during such times.
Amended Ch. 1012, Stats. 1965. Effective September 17, 1965.

Turn Signal Lamps

24953. (a) Any turn signal system used to give a signal of intention
to turn right or left shall project a flashing white or amber light visible
to the front and a flashing red or amber light visible to the rear.

(b) Side-mounted turn signal lamps projecting a flashing amber
light to either side may be used to supplement the front and rear turn signals.
Side-mounted turn signal lamps mounted to the rear of the center of the vehicle
may project a flashing red light no part of which shall be visible from the
front.

(c) In addition to any required turn signal lamps, any vehicle
may be equipped with supplemental rear turn signal lamps mounted to the rear
of the rearmost portion of the driver’s seat in its rearmost position.

(d) In addition to any required or authorized turn signal lamps,
any vehicle may be equipped with supplemental rear turn signal lamps that are
mounted on, or are an integral portion of, the outside rearview mirrors, so
long as the lamps flash simultaneously with the rear turn signal lamps, the
light emitted from the lamps is projected only to the rear of the vehicle and
is not visible to the driver under normal operating conditions, except for a
visual indicator designed to allow monitoring of lamp operation, and the lamps
do not project a glaring light.

Required Brake Systems

26450. Every motor vehicle shall be equipped with a service
brake system and every motor vehicle, other than a motorcycle, shall be equipped
with a parking brake system. Both the service brake and parking brake shall
be separately applied.

If the two systems are connected in any way, they shall be
so constructed that failure of any one part, except failure in the drums, brakeshoes,
or other mechanical parts of the wheel brake assemblies, shall not leave the
motor vehicle without operative brakes.


Parking Brake System

26451. The parking brake system of every motor vehicle shall
comply with the following requirements:

(a) The parking brake shall be adequate to hold the vehicle
or combination of vehicles stationary on any grade on which it is operated under
all conditions of loading on a surface free from snow, ice or loose material.
In any event the parking brake shall be capable of locking the braked wheels
to the limit of traction.

(b) The parking brake shall be applied either by the driver’s
muscular efforts, by spring action, or by other energy which is isolated and
used exclusively for the operation of the parking brake or the combination parking
brake and emergency stopping system.

(c) The parking brake shall be held in the applied position
solely by mechanical means.


Condition of Brakes

26453. All brakes and component parts thereof shall be maintained
in good condition and in good working order. The brakes shall be so adjusted
as to operate as equally as practicable with respect to the wheels on opposite
sides of the vehicle.


Control and Stopping Requirements

26454. (a) The service brakes of every motor vehicle or combination
of vehicles shall be adequate to control the movement of and to stop and hold
such vehicle or combination of vehicles under all conditions of loading on any
grade on which it is operated.

(b) Every motor vehicle or combination of vehicles, at any
time and under all conditions of loading, shall, upon application of the service
brake, be capable of stopping from an initial speed of 20 miles per hour according
to the following requirements:

Maximum Stopping Distance (feet)

(1) Any passenger vehicle
25

(2) Any single motor vehicle with a manufacturer’s gross vehicle
weight rating of less than 10,000 lbs.
30

(3) Any combination of vehicles consisting of a passenger vehicle
or any motor vehicle with a manufacturer’s gross vehicle weight rating of less
than 10,000 lbs. in combination with any trailer, semitrailer or trailer coach
40

(4) Any single motor vehicle with a manufacturer’s gross vehicle
weight rating of 10,000 lbs. or more or any bus
40

(5) All other combinations of vehicles
50

Amended Ch. 443, Stats. 1965. Effective September 17, 1965.

Windshields: Exception

26700. (a) Except as provided in subdivision (b), a passenger
vehicle, other than a motorcycle, and every bus, motortruck or truck tractor,
and every firetruck, fire engine or other fire apparatus, whether publicly or
privately owned, shall be equipped with an adequate windshield.

(b) Subdivision (a) does not apply to any vehicle issued identification
plates pursuant to Section 5004 which was not required to be equipped with a
windshield at the time it was first sold or registered under the laws of this
state, another state, or foreign jurisdiction.
Amended Ch. 222, Stats. 1983. Effective January 1, 1984.


Windshield Wipers

26706. (a) Every motor vehicle, except motorcycles, equipped
with a windshield shall also be equipped with a self-operating windshield wiper.

(b) Every new motor vehicle first registered after December
31, 1949, except motorcycles, shall be equipped with two such windshield wipers,
one mounted on the right half and one on the left half of the windshield, except
that any motor vehicle may be equipped with a single wiper so long as it meets
the wiped area requirements in Federal Motor Vehicle Safety Standards Governing
Windshield Wiping and Washing Systems.

(c) This section does not apply to snow removal equipment equipped
with adequate manually operated windshield wipers.
Amended Ch. 196, Stats. 1978. Effective January 1, 1979.

Condition and Use of Windshield
Wipers

26707. Windshield wipers required by this code shall be maintained
in good operating condition and shall provide clear vision through the windshield
for the driver. Wipers shall be operated under conditions of fog, snow, or rain
and shall be capable of effectively clearing the windshield under all ordinary
storm or load conditions while the vehicle is in operation.

Material Obstructing or
Reducing Driver’s View

26708. (a) (1) No person shall drive any motor vehicle with
any object or material placed, displayed, installed, affixed, or applied upon
the windshield or side or rear windows.

(2) No person shall drive any motor vehicle with any object
or material placed, displayed, installed, affixed, or applied in or upon the
vehicle which 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 which are mounted forward
of the side windows and are not attached to the glass.

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

(4) Side windows which 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, when 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 which occupies an
area not exceeding 50 square inches of the lowest corner toward the rear of
that window and which 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.

(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.
Amended Sec. 77, Ch. 1154, Stats. 1996. Effective September 30, 1996.
Amended Sec. 1, Ch. 476, Stats. 1998. Effective January 1, 1999

Sun Screening Devices:
Requirements

26708.2. Sun screening devices permitted by paragraph (10) of
subdivision (b) of Section 26708 shall meet the following requirements:

(a) The devices shall be held in place by means allowing ready
removal from the window area, such as a frame, a rigid material with temporary
fasteners, or a flexible roller shade.

(b) Devices utilizing transparent material shall be green,
gray, or a neutral smoke in color and shall have a luminous transmittance of
not less than 35 percent.

(c) Devices utilizing nontransparent louvers or other alternating
patterns of opaque and open sections shall have an essentially uniform pattern
over the entire surface, except for framing and supports. At least 35 percent
of the device area shall be open and no individual louver or opaque section
shall have a projected vertical dimension exceeding 3/16 inch.

(d) The devices shall not have a reflective quality exceeding
35 percent on either the inner or outer surface.

(e) The devices may only be applied to the front side windows if the driver or front seat passenger has in their possession a letter or document signed by a licensed physician and surgeon certifying that the person must be shaded from the sun due to a medical condition. The devices may not be used during darkness.

Mirrors

26709. (a) Every motor vehicle registered in a foreign jurisdiction
and every motorcycle subject to registration in this state shall be equipped
with a mirror so located as to reflect to the driver a view of the highway for
a distance of at least 200 feet to the rear of such vehicle.

Every motor vehicle subject to registration in this state,
except a motorcycle, shall be equipped with not less than two such mirrors,
including one affixed to the left-hand side.

(b) The following described types of motor vehicles, of a type
subject to registration, shall be equipped with mirrors on both the left-and
right-hand sides of the vehicle 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 such vehicle:

(1) A motor vehicle so constructed or loaded as to obstruct
the driver’s view to the rear.

(2) A motor vehicle towing a vehicle and the towed vehicle
or load thereon obstructs the driver’s view to the rear.

(3) A bus or trolley coach.

(c) The provisions of subdivision (b) shall not apply to a
passenger vehicle when the load obstructing the driver’s view consists of passengers.
Amended Ch. 74, Stats. 1970. Effective November 23, 1970.

Defective Windshields and
Rear Windows

26710. It is unlawful to operate any motor vehicle upon a highway
when the windshield or rear window is in such a defective condition as to impair
the driver’s vision either to the front or rear.

In the event any windshield or rear window fails to comply
with this code the officer making the inspection shall direct the driver to
make the windshield and rear window conform to the requirements of this code
within 48 hours. The officer may also arrest the driver and give him notice
to appear and further require the driver or the owner of the vehicle to produce
in court satisfactory evidence that the windshield or rear window has been made
to conform to the requirements of this code.

Horns or Warning Devices

27000. (a) Every motor vehicle, when operated upon a highway,
shall be equipped with a horn in good working order and capable of emitting
sound audible under normal conditions from a distance of not less than 200 feet,
but no horn shall emit an unreasonably loud or harsh sound. An authorized emergency
vehicle may be equipped with, and use in conjunction with the siren on that
vehicle, an air horn which emits sounds that do not comply with the requirements
of this section.

(b) Every refuse or garbage truck purchased after September
1, 1983, shall be equipped with an automatic backup audible alarm which sounds
on backing more than 36 inches and which is capable of emitting sound audible
under normal conditions from a distance of not less than 100 feet or shall be
equipped with an automatic backup device which is in good working order, located
at the rear of the vehicle and which immediately applies the service brake of
the vehicle on contact by the vehicle with any obstruction to the rear. The
backup device or alarm shall also be capable of operating automatically when
the vehicle is in neutral or a forward gear but rolls backward.

(c) At the first scheduled overhaul for any refuse or garbage
truck, the operator shall consider equipping the refuse or garbage truck not
equipped in accordance with the requirements of subdivision (b), with the alarm
or device required under subdivision (b).
Amended Sec. 27, Ch. 945, Stats. 1997. Effective January 1, 1998.

Use of Horns

27001. (a) The driver of a motor vehicle when reasonably necessary
to insure safe operation shall give audible warning with his horn.

(b) The horn shall not otherwise be used, except as a theft
alarm system which operates as specified in Article 13 (commencing with Section
28085) of this chapter.
Amended Ch. 993, Stats. 1977. Effective January 1, 1978.

Tread Depth of Pneumatic
Tires

27465. (a) No dealer or person holding a retail seller’s permit
shall sell, offer for sale, expose for sale, or install on a vehicle axle for
use on a highway, a pneumatic tire when the tire has less than the tread depth
specified in subdivision (b). This subdivision does not apply to any person
who installs on a vehicle, as part of an emergency service rendered to a disabled
vehicle upon a highway, a spare tire with which the disabled vehicle was equipped.

(b) No person shall use on a highway a pneumatic tire on a
vehicle axle when the tire has less than the following tread depth, except when
temporarily installed on a disabled vehicle as specified in subdivision (a):

(1) One thirty-second (1/32) of an inch tread depth in any
two adjacent grooves at any location of the tire, except as provided in paragraphs
(2) and (3).

(2) Four thirty-second (4/32) of an inch tread depth at all
points in all major grooves on a tire on the steering axle of any motor vehicle
specified in Section 34500, and two thirty-second of an inch tread depth at
all points in all major grooves on all other tires on the axles of these vehicles.

(3) Six thirty-second (6/32) of an inch tread depth at all
points in all major grooves on snow tires used in lieu of tire traction devices
in posted traction device control areas.

(c) The measurement of tread depth shall not be made where
tie bars, humps, or fillets are located.

(d) The requirements of this section shall not apply to implements
of husbandry.

(e) The department, if it determines that such action is appropriate
and in keeping with reasonable safety requirements, may adopt regulations establishing
more stringent tread depth requirements than those specified in this section
for those vehicles defined in Sections 322 and 545, and may adopt regulations
establishing tread depth requirements different from those specified in this
section for those vehicles listed in Section 34500.
Amended Ch. 71, Stats. 1990. Effective May 1, 1990.

Mandatory Seat Belt Law

27315. (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 any passenger vehicle or any motortruck or truck tractor, but does not
include a motorcycle.

(2) Until May 1, 2000, for purposes of this section, a “motor
vehicle” also means any farm labor vehicle that was first issued an inspection
certificate under Section 31401 on or after October 1, 1999.

(3) On and after May 1, 2000, for purposes of this section,
a “motor vehicle” also means any farm labor vehicle, regardless of
date of certification under Section 31401.

(d) (1) ( )1 A person may 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 any more stringent or restrictive standards imposed
by the Labor Code or any other 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,
( )2 may not operate the limousine for hire or authorized emergency vehicle
unless the operator and any passengers four years of age or over and weighing
40 pounds or more, in the front seat are properly restrained by a safety belt.

(3) The operator of a taxicab ( )2 may not operate the taxicab
unless any passengers four years of age or over and weighing 40 pounds or more,
in the front seat are properly restrained by a safety belt.

(e) ( )3 A person 16 years of age or over ( )2 may 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 (v) of Section 1201 of Title 13 of the California
Code of Regulations.

(f) Every owner of a motor vehicle, including every 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 does not, however, require installation or maintenance of safety
belts where 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 which 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 any passenger in any 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, any violation
of subdivision (d), (e), or (f) is an infraction punishable by a fine ( )4 of
not more than twenty dollars ($20) for a first offense, and a fine ( )4 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 a driving school in which the proper use of safety belts is demonstrated.

(i) ( )5 In a civil action, a violation of subdivision (d),
(e), or (f) or information of a violation of subdivision (h) ( )2 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.( )6

(j) If the United States Secretary of Transportation fails
to adopt safety standards for manual safety belt systems by September 1, 1989,
no motor vehicle manufactured after that date for sale or sold in this state
shall be registered unless it contains a manual safety belt system which meets
the performance standards applicable to automatic crash protection devices adopted
by the 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.( )7

(k) Each 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. Any automobile manufacturer who sells
or delivers a motor vehicle subject to the requirements of 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.( )8

(l) Compliance with subdivision ( )9 ( j) or (k) by a manufacturer
shall be made by self-certification in the same manner as self-certification
is accomplished under federal law.( )10

(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.( )11

(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.( )12


Child Passenger Restraints: Requirements

27360. (a) ( )1 A parent or legal guardian, when present in
a motor vehicle, as defined in Section 27315, ( )2 may not permit his or her
child or ward to be transported upon a highway in the motor vehicle without
providing and properly securing the child or ward, in a child passenger restraint
system meeting applicable federal motor vehicle safety standards unless the
child or ward is at least one of the following:

(1) Six years of age or older.

(2) Weighs 60 pounds or more.

(b) ( )1 A driver ( )2 may not transport on a highway ( )3
a child in a motor vehicle, as defined in Section 27315, without providing and
properly securing the child in a child passenger restraint system meeting applicable
federal motor vehicle safety standards unless the child is at least one of the
following:

(1) Six years of age or older.

(2) Weighs 60 pounds or more.

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 community education program that includes, but is not limited
to, education on the proper installation and use of a child passenger restraint
( )4 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.

The court may ( )5 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 ( )4 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 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 ( )5 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 ( )4 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.

(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 health departments of local jurisdictions
( )6 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 ( )7 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 ( )8 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
( )4 system .

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).( )9

(e) This section shall remain in effect only until January
1, 2005, and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2005, deletes or extends that date

Added Sec. 4, Ch. 675, Stats. 2000. Effective January 1, 2001.
Operative January 1, 2002.
Amended Sec. 1, Ch. 524, Stats. 2003. Effective January 1, 2004.
The 2003 amendment added the italicized material, and at the point(s) indicated,
deleted the following:
1. “No”
2. “shall”
3. “any”
4. “systems”
5. “, at its discretion, require any ”
6. “, as defined in Section 16700 of the Welfare and Institutions Code,”
7. “families in obtaining those restraint systems through low-cost purchases
or loans”
8. “municipal”
9. “(e) This section shall become operative on January 1, 2002”

NOTE: The preceding section is repealed January 1, 2005, at
which time the following section becomes operative.

27360. (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 providing and
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 at least one of the following:

(1) Six years of age or older.

(2) Weighs 60 pounds or more.

(b) A driver may not transport on a highway a child in a motor
vehicle, as defined in Section 27315, without providing and 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 at least one of the
following:

(1) Six years of age or older.

(2) Weighs 60 pounds or more.

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 air bag if the child or ward is one of the
following:

(A) Under one year of age.

(B) Weighs less than 20 pounds.

(C) Riding in a rear-facing child passenger restraint system.

(d) (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 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.

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 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 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) 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.

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).

(f) This section shall become operative on January 1, 2005.
Added Sec. 2, Ch. 524, Stats. 2003. Effective January 1, 2004. Operative January
1, 2005.

IV
Excessive Speed and Designated Lane
Use

22348. (a) Notwithstanding subdivision (b) of Section 22351,
no person shall drive a vehicle upon a highway with a speed limit established
pursuant to Section 22349 or 22356 at a speed greater than that speed limit.

(b) Any person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction punishable, as follows:

(1) Upon a first conviction of a violation of this subdivision,
by a fine of not to exceed five hundred dollars ($500). The court may also suspend
the privilege of the person to operate a motor vehicle for a period not to exceed
30 days pursuant to Section 13200.5.

(2) Upon a conviction under this subdivision of an offense
which occurred within three years of a prior offense resulting in a conviction
of an offense under this subdivision, by a fine of not to exceed five hundred
dollars ($500). The person’s privilege to operate a motor vehicle shall be suspended
by the Department of Motor Vehicles pursuant to subdivision (a) of Section 13355.

(3) Upon a conviction under this subdivision of an offense
which occurred within five years of two or more prior offenses resulting in
convictions of offenses under this subdivision, by a fine of not to exceed five
hundred dollars ($500). The person’s privilege to operate a motor vehicle shall
be suspended by the Department of Motor Vehicles pursuant to subdivision (b)
of Section 13355.

(c) Any vehicle subject to Section 22406 shall be driven in
a lane designated pursuant to Section 21655, or if no lane has been so designated,
in the right-hand lane for traffic or as close as practicable to the right-hand
edge or curb. When overtaking and passing another vehicle proceeding in the
same direction, the drivers 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. If, however, 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 such vehicle may also be driven in the lane to
the immediate left of the right-hand lane, unless otherwise prohibited under
this code. This subdivision does not apply to a driver who is preparing for
a left- or right-hand turn or who is in the process of entering into or exiting
from a highway or to a driver who is required necessarily to drive in a lane
other than the right-hand lane to continue on his or her intended route.

Basic Speed Law

22350. 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.

Prima Facie Speed Limits

22352. 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.

(3) Thirty-five miles per hour on any highway, other than a
state highway, in any moderate density residential district, as defined in subdivision
(b) of Section 22352.1, when posted with a sign giving notice of that speed
limit, unless a different speed is determined by local authority under procedures
set forth in this code.

(b) This section shall remain in effect only until March 1,
2001, and as of that date is repealed, unless a later enacted statute, that
is enacted on or before March 1, 2001, deletes or extends that date.

Amended and repealed Sec. 1, Ch. 421, Stats. 1997. Effective
January 1, 1998. Repeal operative March 1, 2001.
Amended Sec. 1, Ch. 521, Stats. 2000. Effective January 1, 2001.

NOTE: The preceding section is repealed March 1, 2001, at which
time the following section becomes operative.

22352. (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.
Added Sec. 2, Ch. 421, Stats. 1997. Effective January 1, 1998.
Amended Sec. 2, Ch. 521, Stats. 2000. Effective January 1, 2001. Operative March
1, 2001.

Minimum Speed Law

22400. (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.
Amended Ch. 364, Stats. 1979. Effective January 1, 1980.

Maximum Speed for Designated
Vehicles

22406. No person may drive any of the following vehicles on
a highway
at a speed in excess of 55 miles per hour:

(a) A motortruck or truck tractor having three or more axles
or any motortruck or truck tractor drawing any other vehicle.

(b) A passenger vehicle or bus drawing any other vehicle.

(c) A schoolbus transporting any school pupil.

(d) A farm labor vehicle when transporting passengers.

(e) A vehicle transporting explosives.

(f) A “trailer bus” is a trailer or semitrailer designed, used, or maintained for the transportation of more than 15 persons, including the driver, and includes a connected towing motor vehicle that is a motor truck, truck tractor, or bus.
Amended Sec. 42, Ch. 724, Stats. 1999. Effective January 1, 2000.
Amended Sec. 22, Ch. 787, Stats. 2000. Effective January 1, 2001.

V.
Right Side of Roadway

21650. 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.
Amended Ch. 58, Stats. 1988. Effective January 1, 1989.

Divided Highways

21651. (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.
Amended Ch. 765, Stats. 1988. Effective January 1, 1989.

Slow-Moving Vehicles

21654. (a) Notwithstanding the prima facie speed limits, any
vehicle proceeding upon a highway at a speed less than the normal speed of traffic
moving in the same direction at such time shall be driven in the right-hand
lane for traffic or as close as practicable to the right-hand edge or curb,
except when overtaking and passing another vehicle proceeding in the same direction
or when preparing for a left turn at an intersection or into a private road
or driveway.

(b) If a vehicle is being driven at a speed less than the normal
speed of traffic moving in the same direction at such time, and is not being
driven in the right-hand lane for traffic or as close as practicable to the
right-hand edge or curb, it shall constitute prima facie evidence that the driver
is operating the vehicle in violation of subdivision (a) of this section.

(c) The Department of Transportation, with respect to state
highways, and local authorities, with respect to highways under their jurisdiction,
may place and maintain upon highways official signs directing slow-moving traffic
to use the right-hand traffic lane except when overtaking and passing another
vehicle or preparing for a left turn.
Amended Ch. 545, Stats. 1974. Effective January 1, 1975.

Designated Lanes for Certain
Vehicles

21655. (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.
Amended Ch. 843, Stats. 1988. Effective January 1, 1989.

Turning Out of Slow-Moving
Vehicles

21656. On a two-lane highway where passing is unsafe because
of traffic in the opposite direction or other conditions, a slow-moving vehicle,
including a passenger vehicle, behind which five or more vehicles are formed
in line, shall turn off the roadway at the nearest place designated as a turnout
by signs erected by the authority having jurisdiction over the highway, or wherever
sufficient area for a safe turnout exists, in order to permit the vehicles following
it to proceed. As used in this section a slow-moving vehicle is one which is
proceeding at a rate of speed less than the normal flow of traffic at the particular
time and place.
Amended Ch. 448, Stats. 1965. Effective September 17, 1965.

Laned Roadways

21658. 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.
Amended Ch. 450, Stats. 1975. Effective January 1, 1976.

Three-Lane Highways

21659. Upon a roadway which is divided into three lanes a vehicle
shall not be driven in the extreme left lane at any time, nor in the center
lane except when overtaking and passing another vehicle where the roadway ahead
is clearly visible and the center lane is clear of traffic within a safe distance,
or in preparation for a left turn, or where the center lane is at the time allocated
exclusively to traffic moving in the direction the vehicle is proceeding and
is signposted to give notice of such allocation. This section does not apply
upon a one-way roadway.

Approaching Vehicles

21660. Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and, except when a roadway has been divided
into traffic lanes, each driver shall give to the other at least one-half of
the main traveled portion of the roadway whenever possible.

Narrow Roadways

21661. Whenever upon any grade the width of the roadway is insufficient
to permit the passing of vehicles approaching from opposite directions at the
point of meeting, the driver of the vehicle descending the grade shall yield
the right-of-way to the vehicle ascending the grade and shall, if necessary,
back his vehicle to a place in the highway where it is possible for the vehicles
to pass.

Mountain Driving

21662. The driver of a motor vehicle traveling through defiles
or canyons or upon mountain highways shall hold the motor vehicle under control
at all times and shall do the following when applicable:

(a) If the roadway has no marked centerline, the driver shall
drive as near the right-hand edge of the roadway as is reasonably possible.

(b) If the roadway has insufficient width to permit a motor
vehicle to be driven entirely to the right of the center of the roadway, the
driver shall give audible warning with the horn of the motor vehicle upon approaching
any curve where the view is obstructed within a distance of 200 feet along the
highway.
Amended Ch. 462, Stats. 1984. Effective January 1, 1985.

VII.

Intersection

365. An “intersection” is the area embraced within
the prolongations of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways, of two highways which join one another at approximately
right angles or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.

Turning Upon a Highway

22100. Except as provided in Section 22100.5 or 22101, the driver
of any vehicle intending to turn upon a highway shall do so as follows:

(a) Right Turns. Both the approach for a right-hand turn and
a right-hand turn shall be made as close as practicable to the right-hand curb
or edge of the roadway except:

(1) Upon a highway having three marked lanes for traffic moving
in one direction which terminates at an intersecting highway accommodating traffic
in both directions, the driver of a vehicle in the middle lane may turn right
into any lane lawfully available to traffic moving in that direction upon the
roadway being entered.

(2) When a right-hand turn is made from a one-way highway at
an intersection, a driver shall approach the turn as provided in subdivision
(a) and shall complete the turn in any lane lawfully available to traffic moving
in that direction upon the roadway being entered.

(3) Upon a highway having an additional lane or lanes marked
for a right turn by appropriate signs or markings, the driver of a vehicle may
turn right from any lane designated and marked for that turning movement.

(b) Left Turns. The approach for a left turn shall be made
as close as practicable to the left-hand edge of the extreme left-hand lane
or portion of the roadway lawfully available to traffic moving in the direction
of travel of such vehicle and, when turning at an intersection, the left turn
shall not be made before entering the intersection. After entering the intersection,
the left turn shall be made so as to leave the intersection in a lane lawfully
available to traffic moving in that direction upon the roadway being entered,
except:

(1) Upon a highway having three marked lanes for traffic moving
in one direction which terminates at an intersecting highway accommodating traffic
in both directions, the driver of a vehicle in the middle lane may turn left
into any lane lawfully available to traffic moving in that direction upon the
roadway being entered.
Amended Ch. 741, Stats. 1982. Effective January 1, 1983.

U-Turn at Controlled Intersection

22100.5. No driver shall make a U-turn at an intersection controlled
by official traffic signals except as provided in Section 21451, and then only
from the far lefthand lane that is lawfully available to traffic moving in the
direction of travel from which the turn is commenced. No driver shall make a
U-turn at an intersection controlled by official traffic control devices except
from the far lefthand lane that is lawfully available to traffic moving in the
direction of travel from which the turn is commenced.
Amended Ch. 700, Stats. 1984. Effective January 1, 1985.

Regulation of Turns at
Intersection

22101. (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.
Amended Ch. 545, Stats. 1974. Effective January 1, 1975.

U-Turn in Business District

22102. 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.
Amended Ch. 47, Stats. 1985. Effective January 1, 1986.

U-Turn in Residence District

22103. 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.
Amended Ch. 622, Stats. 1970. Effective November 3, 1970

Unobstructed View Necessary
for U-Turn

22105. No person shall make a U-turn upon any highway where
the driver of such vehicle does not have an unobstructed view for 200 feet in
both directions along the highway and of any traffic thereon.
Amended Ch. 64, Stats. 1972. Effective March 7, 1973.

Turning Across Bicycle
Lane

21717. Whenever it is necessary for the driver of a motor vehicle
to cross a bicycle lane that is adjacent to his lane of travel to make a turn,
the driver shall drive the motor vehicle into the bicycle lane prior to making
the turn and shall make the turn pursuant to Section 22100.
Added Ch. 751, Stats. 1976. Effective January 1, 1977.

Turning Movements and Required
Signals

22107. No person shall turn a vehicle from a direct course or
move right or left upon a roadway until such movement can be made with reasonable
safety and then only after the giving of an appropriate signal in the manner
provided in this chapter in the event any other vehicle may be affected by the
movement.
Amended Ch. 1996, Stats. 1959. Effective September 18, 1959.


Duration of Signal

22108. Any signal of intention to turn right or left shall be
given continuously during the last 100 feet traveled by the vehicle before turning.

Signal When Stopping

22109. No person shall stop or suddenly decrease the speed of
a vehicle on a highway without first giving an appropriate signal in the manner
provided in this chapter to the driver of any vehicle immediately to the rear
when there is opportunity to give the signal.

Method of Signaling

22110. (a) The signals required by this chapter shall be given
by signal lamp, unless a vehicle is not required to be and is not equipped with
turn signals. Drivers of vehicles not required to be and not equipped with turn
signals shall give a hand and arm signal when required by this chapter.

(b) In the event the signal lamps become inoperable while driving,
hand and arm signals shall be used in the manner required in this chapter.
Amended Sec. 12, Ch. 1008, Stats. 1999. Effective January 1, 2000.

VIII.

Overtake and Pass to Left

21750. The driver of a vehicle overtaking another vehicle or a
bicycle proceeding in the same direction shall pass to the left at a safe distance
without interfering with the safe operation of the overtaken vehicle or bicycle,
subject to the limitations and exceptions hereinafter stated.
Amended Sec. 7, Ch. 674, Stats. 1996. Effective January 1, 1997.

Passing Without Sufficient
Clearance

21751. On a two-lane highway, no vehicle shall be driven to
the left side of the center of the roadway in overtaking and passing another
vehicle proceeding in the same direction unless the left side is clearly visible
and free of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be completely made without interfering with the safe
operation of any vehicle approaching from the opposite direction.
Amended Ch. 50, Stats. 1973. Effective January 1, 1974.

When Driving on Left Prohibited

21752. No vehicle shall be driven to the left side of the roadway
under the following conditions:

(a) When approaching or upon the crest of a grade or a curve
in the highway where the driver’s view is obstructed within such distance
as to create a hazard in the event another vehicle might approach from the opposite
direction.

(b) When the view is obstructed upon approaching within 100
feet of any bridge, viaduct, or tunnel.

(c) When approaching within 100 feet of or when traversing any
railroad grade crossing.

(d)When approaching within 100 feet of or when traversing any
intersection.

This section shall not apply upon a one-way roadway.
Amended Sec. 7, Ch. 596, Stats. 2000. Effective January 1, 2001.

Yielding for Passing

21753. 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.
Amended Sec. 9, Ch. 440, Stats. 1996. Effective January 1, 1997.
Amended Sec. 40, Ch. 724, Stats. 1999. Effective January 1, 2000.


Passing on the Right

21754. The driver of a motor vehicle may overtake and pass to
the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a
left turn.

(b) Upon a highway within a business or residence district
with unobstructed pavement of sufficient width for two or more lines of moving
vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district
with unobstructed pavement of sufficient width and clearly marked for two or
more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic
is restricted to one direction upon each of such roadways.

The provisions of this section shall not relieve the driver
of a slow moving vehicle from the duty to drive as closely as practicable to
the right hand edge of the roadway.


Pass on Right Safely

21755. 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.

Passing on Grades

21758. In the event any vehicle is being operated on any grade
outside of a business or residence district at a speed of less than 20 miles
per hour, no person operating any other motor vehicle shall attempt to overtake
and pass such slow moving vehicle unless the overtaking vehicle is operated
at a speed of at least 10 miles per hour in excess of the speed of the overtaken
vehicle, nor unless the passing movement is completed within a total distance
not greater than one-quarter of a mile.

XIV.
Duty to Stop at Scene of collision

20001. (a) The driver of any vehicle involved in an collision
resulting in injury to any person, other than himself or herself, or in the
death of any person shall immediately stop the vehicle at the scene of the collision
and shall fulfill the requirements of Sections 20003 and 20004.

(b) (1) Except as provided in paragraph (2), any person who
violates subdivision (a) shall be punished by imprisonment in the state prison,
or in a county jail for not more than one year, or by a fine of not less than
one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000),
or by both that imprisonment and fine .

(2) If the collision described in subdivision (a) results in
death or permanent, serious injury, any person who violates subdivision (a)
shall be punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not less than 90 days nor more than one year,
or by a fine of not less than one thousand dollars ($1,000) nor more than ten
thousand dollars ($10,000), or by both that imprisonment and fine. However,
the court, in the interests of justice and for reasons stated in the record,
may reduce or eliminate the minimum imprisonment required by this paragraph.

(3) In imposing the minimum fine required by this subdivision,
the court shall take into consideration the defendant’s ability to pay the fine
and, in the interests of justice and for reasons stated in the record, may reduce
the amount of that minimum fine to less than the amount otherwise required by
this subdivision.

(c) A person who flees the scene of the crime after committing
a violation of Section 191.5 of, paragraph (1) or (3) of subdivision (c) of
Section 192 of, or subdivision (a) or (c) of Section 192.5 of, the Penal Code,
upon conviction of any of those sections, in addition and consecutive to the
punishment prescribed, shall be punished by an additional term of imprisonment
of five years in the state prison. This additional term shall not be imposed
unless the allegation is charged in the accusatory pleading and admitted by
the defendant or found to be true by the trier of fact. The court shall not
strike a finding that brings a person within the provisions of this subdivision
or an allegation made pursuant to this subdivision.

(d) As used in this section, “permanent, serious injury”
means the loss or permanent impairment of function of any bodily member or organ.
Amended Ch. 501, Stats. 1992. Effective January 1, 1993.
Amended Sec. 4, Ch. 645, Stats. 1996. Effective January 1, 1997.
Amended Sec. 1, Ch. 854, Stats. 1999. Effective October 1, 1999.

Permissible Action: Duty
Where Property Damaged

20002. (a) The driver of any vehicle involved in an collision
resulting only in damage to any property, including vehicles, shall immediately
stop the vehicle at the nearest location that will not impede traffic or otherwise
jeopardize the safety of other motorists. Moving the vehicle in accordance with
this subdivision does not affect the question of fault. The driver shall also
immediately do either of the following:

(1) Locate and notify the owner or person in charge of that
property of the name and address of the driver and owner of the vehicle involved
and, upon locating the driver of any other vehicle involved or the owner or
person in charge of any damaged property, upon being requested, present his
or her driver’s license, and vehicle registration, to the other driver, property
owner, or person in charge of that property. The information presented shall
include the current residence address of the driver and of the registered owner.
If the registered owner of an involved vehicle is present at the scene, he or
she shall also, upon request, present his or her driver’s license information,
if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property
damaged a written notice giving the name and address of the driver and of the
owner of the vehicle involved and a statement of the circumstances thereof and
shall without unnecessary delay notify the police department of the city wherein
the collision occurred or, if the collision occurred in unincorporated territory,
the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle
again being driven, becomes a runaway vehicle and is involved in an collision
resulting in damage to any property, attended or unattended, shall comply with
the requirements of this section relating to notification and reporting and
shall, upon conviction thereof, be liable to the penalties of this section for
failure to comply with the requirements.

(c) Any person failing to comply with all the requirements of
this section is guilty of a misdemeanor and, upon conviction thereof, shall
be punished by imprisonment in the county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
Amended Ch. 621, Stats. 1992. Effective January 1, 1993.
Amended Sec. 1, Ch. 421, Stats. 1999. Effective January 1, 2000.
Amended Sec. 16, Ch. 825, Stats. 2001. Effective January 1, 2002.


Duty to Report Collisions

20008. (a) The driver of a vehicle, other than a common carrier
vehicle, involved in any collision resulting in injuries to or death of any person
shall within 24 hours after the collision make or cause to be made a written
report of the collision to the Department of the California Highway Patrol or,
if the collision occurred within a city, to either the Department of the California
Highway Patrol or the police department of the city in which the collision occurred.
If the agency which receives the report is not responsible for investigating
the collision, it shall immediately forward the report to the law enforcement
agency which is responsible for investigating the collision.

On or before the fifth day of each month, every police department
which received a report during the previous calendar month of an collision which
it is responsible for investigating shall forward the report or a copy thereof
to the main office of the Department of the California Highway Patrol at Sacramento.

(b) The owner or driver of a common carrier vehicle involved
in any such collision shall make a like report to the Department of California
Highway Patrol on or before the 10th day of the month following the collision.
Amended Ch. 224, Stats. 1970. Effective November 23, 1970.


Reports Confidential: Exceptions

20012. All required collision reports, and supplemental reports,
shall be without prejudice to the individual so reporting and shall be for the
confidential use of the Department of Motor Vehicles and the Department of the
California Highway Patrol, except that the Department of the California Highway
Patrol or the law enforcement agency to whom the collision was reported shall
disclose the entire contents of the reports, including, but not limited to,
the names and addresses of persons involved or injured in, or witnesses to,
an collision, the registration numbers and descriptions of vehicles involved,
the date, time and location of an collision, all diagrams, statements of the
drivers involved or occupants injured in the collision and the statements of
all witnesses, to any person who may have a proper interest therein, including,
but not limited to, the driver or drivers involved, or the guardian or conservator
thereof, the parent of a minor driver, the authorized representative of a driver,
or to any named person injured therein, the owners of vehicles or property damaged
thereby, persons who may incur civil liability, including liability based upon
a breach of warranty arising out of the collision, and any attorney who declares
under penalty of perjury that he or she represents any of the above persons.

A request for a copy of an collision report shall be accompanied
by payment of a fee, provided such fee shall not exceed the actual cost of providing
the copy.
Amended Ch. 1247, Stats. 1994. Effective January 1, 1995.


Reports as Evidence

20013. No such collision report shall be used as evidence in
any trial, civil or criminal, arising out of an collision, except that the department
shall furnish upon demand of any person who has, or claims to have, made such
a report or upon demand of any court, a certificate showing that a specified
collision report has or has not been made to the department solely to prove a
compliance or failure to comply with the requirement that such a report be made
to the department.
Amended Ch. 1996, Stats. 1959. Effective September 18, 1959.

Use of Reports

20014. All required collision reports and supplemental reports
and all reports made to the Department of the California Highway Patrol by any
peace officer, member of the Department of the California Highway Patrol, or
other employee of the Department of Motor Vehicles and the Department of the
California Highway Patrol, shall be immediately available for the confidential
use of any division in the department needing the same, for confidential use
of the Department of Transportation, and, with respect to collisions occurring
on highways other than state highways, for the confidential use of the local
authority having jurisdiction over the highway.
Amended Ch. 545, Stats. 1974. Effective January 1, 1975.

Counter Reports: No Determination
of Fault

20015. (a) No traffic or police officer shall include in any
counter report of a property-damage collision, as defined in this section, any
determination by the peace officer of fault of the reporting person, including,
but not limited to, inattentiveness. This section does not apply to a determination
which is the result of an examination of the physical evidence of the collision
at the site of the collision by the traffic or police officer or the result of
an express, knowing admission of the reporting person if the basis for the determination
is also included in the report.

(b) As used in this section, “counter report of a property-damage
collision” means any report of an collision involving one or more vehicles
which meets the following criteria:

(1) The collision reported caused damage to property, but did
not cause personal injury to or the death of any person.

(2) The report is prepared at an office of the California Highway
Patrol or local law enforcement agency.

(3) The report is written or recorded by, or with the assistance
of, a peace officer.
Added Ch. 861, Stats. 1984. Effective January 1, 1985.


Collision Report

16000. (a) (a) The driver of ( )1 a motor vehicle who is in
any manner involved in an collision originating from the operation of ( )2 the
motor vehicle on ( )3 a street or highway , or ( )3 is involved in a reportable
off-highway collision , as defined in ( )4 Section 16000.1, that has resulted
in damage to the property of any one person in excess of seven hundred fifty
dollars ($750) , or in bodily injury, or in the death of any person shall report
the collision, within 10 days after the collision, ( )5 either personally or through
an insurance agent, broker, or legal representative, on a form approved by the
department , to the office of the department at Sacramento, subject to ( )6
this chapter. The driver shall identify on the form, by name and current residence
address, if available, any person involved in the collision complaining of bodily
injury.

(b) A report is not required ( )7 under subdivision (a) if the
motor vehicle involved in the collision was owned or leased by, or under the
direction of, the United States, this state, another state, or a local agency.

(c) If none of the parties involved in an collision has reported
the collision to the department under this section within one year following
the date of the collision, the department is not required to file a report on
the collision and the driver’s license suspension requirements of Section 16004
or 16070 do not apply.
7.

Mandatory Suspension of
License

16004. (a) The department shall suspend the driving privilege
of any person who fails, refuses, or neglects to make a report of an collision
as required in this chapter.

(b) A suspension taken under this section shall remain in effect
until terminated by receipt of the report of the collision or upon receipt of
evidence that financial responsibility as provided in Section 16021 is in effect.

(c) The driving privilege shall not be suspended under this
section, and, if a suspension has been imposed and is in effect under this section,
that suspension shall be terminated, if the driving privilege is suspended under
Section 16370 or 16381 as the result of a judgment arising out of the same collision
for which the report of the collision is required by this section. The department
may suspend or reimpose the suspension of the driving privilege of a person
under this section if the suspension under Section 16370 or 16381 is later set
aside for a reason other than that the person has satisfied the judgment in
full or to the extent provided in Chapter 2 (commencing with Section 16250)
and has given proof of financial responsibility as provided in Chapter 3 (commencing
with Section 16430).
Amended Ch. 314, Stats. 1990. Effective July 17, 1990.

Evidence of Financial Responsibility

16020. (a) Every driver and every owner of a motor vehicle shall
at all times be able to establish financial responsibility pursuant to Section
16021, and shall at all times carry in the vehicle evidence of the form of financial
responsibility in effect for the vehicle.

(b) “Evidence of financial responsibility” means
any of the following:

(1) A form issued by an insurance company or charitable risk
pool, as specified by the department pursuant to Section 4000.37.

(2) If the owner is a self-insurer, as provided in Section
16052 or a depositor, as provided in Section 16054.2, the certificate of self-insurance
or the assignment of deposit letter issued by the department.

(3) An insurance covering note or binder pursuant to Section
382 or 382.5 of the Insurance Code.

(4) A showing that the vehicle is owned or leased by, or under
the direction of, the United States or any public entity, as defined in Section
811.2 of the Government Code.

(c) For purposes of this section, “evidence of financial
responsibility” also may be obtained by a law enforcement officer from
an electronic reporting system when that system becomes available for use by
law enforcement officers.

(d) For purposes of this section, “evidence of financial
responsibility” also includes any of the following:

(1) The name of the insurance company and the number of an
insurance policy or surety bond that was in effect at the time of the collision
or at the time that evidence of financial responsibility is required to be provided
pursuant to Section 16028, if that information is contained in the vehicle registration
records of the department.

(2) The identifying motor carrier of property permit number
issued by the Department of the California Highway Patrol to the motor carrier
of property as defined in Section 34601, and displayed on the motor vehicle
in the manner specified by the Department of the California Highway Patrol.

(3) The identifying number issued to the household goods carrier,
passenger stage carrier, or transportation charter party carrier by the Public
Utilities Commission and displayed on the motor vehicle in the manner specified
by the commission.

(4) The identifying number issued by the Interstate Commerce
Commission or its successor federal agency, if proof of financial responsibility
must be presented to the issuing agency as part of the identification number
issuance process, and displayed on the motor vehicle in the manner specified
by the issuing agency.

(e) Evidence of financial responsibility does not include any
of the identification numbers in paragraph (1), (2), (3), or (4) of subdivision
(d) if the carrier is currently suspended by the issuing agency for lack or
lapse of insurance or other form of financial responsibility.
Amended Ch. 621, Stats. 1992. Effective January 1, 1993.
Amended and repealed Sec. 4, Ch. 1126, Stats. 1996. Effective January 1, 1997.
Repeal operative January 1, 2000, or upon the date determined by the director
pursuant to paragraph (2) of subdivision (a) of Section 1680, whichever is later.

Requirements of Policy
or Bond

16056. (a) No policy or bond shall be effective under Section
16054 unless issued by an insurance company or surety company admitted to do
business in this state by the Insurance Commissioner, except as provided in
subdivision (b) of this section, nor unless the policy or bond is subject, if
the collision has resulted in bodily injury or death, to a limit, exclusive of
interest and costs, of not less than fifteen thousand dollars ($15,000) because
of bodily injury to or death of one person in any one collision and, subject
to that limit for one person, to a limit of not less than thirty thousand dollars
($30,000) because of bodily injury to or death of two or more persons in any
one collision, and, if the collision has resulted in injury to, or destruction
of property, to a limit of not less than five thousand dollars ($5,000) because
of injury to or destruction of property of others in any one collision.

(b) No policy or bond shall be effective under Section 16054
with respect to any vehicle which was not registered in this state or was a
vehicle which was registered elsewhere than in this state at the effective date
of the policy or bond or the most recent renewal thereof, unless the insurance
company or surety company issuing the policy or bond is admitted to do business
in this state, or if the company is not admitted to do business in this state,
unless it executes a power of attorney authorizing the department to accept
service in its behalf of notice or process in any action upon the policy or
bond arising out of an collision mentioned in subdivision (a).

(c) Any nonresident driver whose driving privilege has been
suspended or revoked based upon an action that requires proof of financial responsibility
may, in lieu of providing a certificate of insurance from a company admitted
to do business in California, provide a written certificate of proof of financial
responsibility that is satisfactory to the department, covers the operation
of a vehicle in this state, meets the liability requirements of this section,
and is from a company that is admitted to do business in that person’s
state of residence.

Suspension of Driving Privilege

16070. (a) Whenever a driver involved in an collision described
in Section 16000 fails to provide evidence of financial responsibility, as required
by Section 16020, at the time of the collision, the department shall, pursuant
to subdivision (b), suspend the privilege of the driver or owner to drive a
motor vehicle, including the driving privilege of a nonresident in this state.

(b) Whenever the department receives an collision report pursuant
to this article that alleges that any of the drivers involved in the collision
was not in compliance with Section 16020 at the time of the collision, the department
shall immediately mail to that driver a notice of intent to suspend the driving
privilege of that driver. The department shall suspend the driving privilege
30 days after mailing the notice, unless the driver has, prior to that date,
established evidence of financial responsibility at the time of the collision,
as specified in Section 16021, with the department. The suspension notice shall
notify the driver of the action taken and the right to a hearing under Section
16075.

Period of Suspension: Restriction
Alternative

16072. (a) The suspension of the driving privilege of a person
as provided in Section 16070 shall not be terminated until one year has elapsed
from the date of actual commencement of the suspension and until the person
files proof of financial responsibility as provided in Chapter 3 (commencing
with Section 16430), except that the suspension shall be reinstated if the person
fails to maintain proof of financial responsibility for three years. However,
in lieu of suspending a person’s driving privilege pursuant to this section,
the department may, upon application, if the person files and thereafter maintains
proof of financial responsibility as provided in this section and pays a penalty
fee to the department of two hundred fifty dollars ($250), restrict the person’s
driving privilege to any of the following situations:

(1) Necessary travel to and from that person’s place of employment.

(2) Driving that is required in the person’s course of employment,
when driving a motor vehicle is necessary in order to perform the duties of
the person’s primary employment.

(3) Necessary travel to transport a minor dependent in that
person’s immediate family to and from an institute of primary or secondary education,
if the chief administrative officer or principal of the educational institution
certifies in writing to the department that the minor dependent is enrolled
in the educational institution and no form of public transportation or schoolbus
is available between the applicant’s place of residence and the educational
institution.

The restriction shall remain in effect for the period of suspension
required by this section, so long as proof of financial responsibility is maintained.

(b) If a suspension has been imposed under Section 16070 and
one year has elapsed from the date the suspension actually commenced, that suspension
shall be terminated if the driving privilege is suspended under Section 16370
or 16381 as the result of a judgment arising out of the collision for which proof
of financial responsibility was required to be established. The department may
reimpose the suspension of the driving privilege of a person under Section 16070
if the suspension under Section 16370 or 16381 is later set aside for a reason
other than that the person has satisfied the judgment in full or to the extent
provided in Chapter 2 (commencing with Section 16250) and has given proof of
ability to respond in damages as provided in Chapter 3 (commencing with Section
16430).

(c) Notwithstanding Chapter 2 (commencing with Section 42200)
of Division 18, all revenues derived from the penalty fees provided in subdivision
(a) shall, after deduction by the department of the costs incurred by the department
in the administering of this section, be deposited in the Financial Responsibility
Penalty Account in the General Fund. The balance in this fund on July 1, which
is not subject to appropriation as provided in Section 12980 of the Insurance
Code, shall revert to the General Fund.

XV.

Official Traffic Control
Signals

21450. (a) Whenever traffic is controlled by official traffic
control signals showing different colored lights, color-lighted arrows, or color-lighted
bicycle symbols, successively, one at a time, or in combination, only the colors
green, yellow, and red shall be used, except for pedestrian control signals,
and those lights shall indicate and apply to drivers of vehicles, operators
of bicycles, and pedestrians as provided in this chapter.

(b) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2005, deletes or extends that date.

NOTE: The preceding section becomes inoperative on January
1, 2005, at which time the following section becomes operative.

21450. (a) Whenever traffic is controlled by official traffic
control signals showing different colored lights, or colored lighted arrows,
successively, one at a time, or in combination, only the colors green, yellow,
and red shall be used, except for pedestrian control signals, and those lights
shall indicate and apply to drivers of vehicles and pedestrians as provided
in this chapter.

(b) This section shall become operative on January 1, 2005.
Added Sec. 1.5, Ch. 277, Stats. 1999. Effective January 1, 2000.

Circular Green or Green
Arrow

21451. (a) A driver facing a circular green signal shall proceed
straight through or turn right or left or make a U-turn unless a sign prohibits
a U-turn. Any driver, including one turning, shall yield the right-of-way to
other traffic and to pedestrians lawfully within the intersection or an adjacent
crosswalk.

(b) A driver facing a green arrow signal, shown alone or in
combination with another indication, shall enter the intersection only to make
the movement indicated by that green arrow or any other movement that is permitted
by other indications shown at the same time. A driver facing a left green arrow
may also make a U-turn unless prohibited by a sign. A driver shall yield the
right-of-way to other traffic and to pedestrians lawfully within the intersection
or an adjacent crosswalk.

(c) A pedestrian facing a circular green signal, unless prohibited
by sign or otherwise directed by a pedestrian control signal as provided in
Section 21456, may proceed across the roadway within any marked or unmarked
crosswalk, but shall yield the right-of-way to vehicles lawfully within the
intersection at the time that signal is first shown.

(d) A pedestrian facing a green arrow turn signal, unless otherwise
directed by a pedestrian control signal as provided in Section 21456, shall
not enter the roadway.
Amended Ch. 413, Stats. 1981. Effective January 1, 1982.

Circular Yellow or Yellow
Arrow

21452. (a) A driver facing a steady circular yellow or yellow
arrow signal is, by that signal, warned that the related green movement is ending
or that a red indication will be shown immediately thereafter.

(b) A pedestrian facing a steady circular yellow or a yellow
arrow signal, unless otherwise directed by a pedestrian control signal as provided
in Section 21456, is, by that signal, warned that there is insufficient time
to cross the roadway and shall not enter the roadway.
Amended Ch. 256, Stats. 1986. Effective January 1, 1987.

Circular Red or Red Arrow

21453. (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.

Lane Use Control Signals

21454. When lane use control signals are placed over individual
lanes, those signals shall indicate and apply to drivers of vehicles as follows:

(a) Green indication: A driver may travel in any lane over
which a green signal is shown.

(b) Steady yellow indication: A driver is thereby warned that
a lane control change is being made.

(c) Steady red indication: A driver shall not enter or travel
in any lane over which a red signal is shown.

(d) Flashing yellow indication: A driver may use the lane only
for the purpose of making a left turn to or from the highway.

Signal at Other Places

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.

Flashing Signals

21457. Whenever an illuminated flashing red or yellow light
is used in a traffic signal or with a traffic sign, it shall require obedience
by drivers as follows:

(a) Flashing red (stop signal): When a red lens is illuminated
with rapid intermittent flashes, a driver 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 at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering
it, and the driver may proceed subject to the rules applicable after making
a stop at a stop sign.

(b) Flashing yellow (caution signal): When a yellow lens is
illuminated with rapid intermittent flashes, a driver may proceed through the
intersection or past the signal only with caution.

Curb Markings

21458. (a) Whenever local authorities enact local parking regulations
and indicate them by the use of paint upon curbs, the following colors only
shall be used, and the colors indicate as follows:

(1) Red indicates no stopping, standing, or parking, whether
the vehicle is attended or unattended, except that a bus may stop in a red zone
marked or signposted as a bus loading zone.

(2) Yellow indicates stopping only for the purpose of loading
or unloading passengers or freight for the time as may be specified by local
ordinance.

(3) White indicates stopping for either of the following purposes:

(A) Loading or unloading of passengers for the time as may
be specified by local ordinance.

(B) Depositing mail in an adjacent mailbox.

(4) Green indicates time limit parking specified by local ordinance.

(5) Blue indicates parking limited exclusively to the vehicles
of disabled persons and disabled veterans.

(b) Regulations adopted pursuant to subdivision (a) shall be
effective on days and during hours or times as prescribed by local ordinances.

Distinctive Roadway
Markings

21459. (a) The Department of Transportation in respect to state
highways and a local authority with respect to highways under its jurisdiction,
is authorized to place and maintain upon highways distinctive roadway markings
as described and with the effect set forth in Section 21460.

(b) The distinctive roadway markings shall be employed to designate
any portion of a highway where the volume of traffic or the vertical or other
curvature of the roadway renders it hazardous to drive on the left side of the
marking or to indicate no driving to the left as provided in Section 21460,
and shall not be employed for any other purpose.

(c) Any pavement marking other than as described in this section
placed by the Department of Transportation or any local authority shall not
be effective to indicate no driving over or to the left of the marking.

Double Lines

21460. (a) When double parallel solid lines are in place, no
person driving a vehicle shall drive to the left thereof, except as permitted
in this section.

(b) When the double parallel lines, one of which is broken,
are in place, no person driving a vehicle shall drive to the left thereof, except
as follows:

(1) That the driver on that side of the roadway in which the
broken line is in place may cross over the double line or drive to the left
thereof when overtaking or passing other vehicles.

(2) As provided in Section 21460.5.

(c) Either of the markings as specified in subdivision (a)
or (b) does not prohibit a driver from crossing the marking when (1) turning
to the left at any intersection or into or out of a driveway or private road,
or (2) making a U-turn under the rules governing that turn, and either of the
markings shall be disregarded when authorized signs have been erected designating
offcenter traffic lanes as permitted under Section 21657.

(d) Raised pavement markers may be used to simulate painted
lines described in this section when the markers are placed in accordance with
standards established by the Department of Transportation.

Two-Way Left-Turn Lanes

21460.5. (a) The Department of Transportation and local authorities
in their respective jurisdictions may designate a two-way left-turn lane on
a highway. A two-way left-turn lane is a lane near the center of the highway
set aside for use by vehicles making left turns in both directions from or into
the highway.

(b) Two-way left-turn lanes shall be designated by distinctive
roadway markings consisting of parallel double yellow lines, interior line dashed
and exterior line solid, on each side of the lane. The Department of Transportation
may determine and prescribe standards and specifications governing length, width,
and positioning of the distinctive pavement markings. All pavement markings
designating a two-way left-turn lane shall conform to the Department of Transportation’s
standards and specifications.

(c) A vehicle shall not be driven in a designated two-way left-turn
lane except when preparing for or making a left turn from or into a highway
or when preparing for or making a U-turn when otherwise permitted by law, and
shall not be driven in that lane for more than 200 feet while preparing for
and making the turn or while preparing to merge into the adjacent lanes of travel.
A left turn or U-turn shall not be made from any other lane where a two-way
left-turn lane has been designated.

(d) This section shall not prohibit driving across a two-way
left-turn lane.

(e) Raised pavement markers may be used to simulate painted
lines described in this section when such markers are placed in accordance with
standards established by the Department of Transportation.

Obedience by Driver to Official Traffic Control Devices

21461. (a) It shall be unlawful for any driver of a vehicle
to fail to obey any sign or signal erected or maintained to indicate and carry
out the provisions of this code or any local traffic ordinance or resolution
adopted pursuant to a local traffic ordinance, or to fail to obey any device
erected or maintained pursuant to Section 21352.

(b) The provisions of subdivision (a) shall not apply to acts
constituting violations under Chapter 9 (commencing with Section 22500) of this
division or to acts constituting violations of any local traffic ordinance adopted
pursuant to Chapter 9 (commencing with Section 22500).

Obedience to Traffic
Control Signals

21462. The driver of any vehicle, the person in charge of any
animal, any pedestrian, and the motorman of any streetcar shall obey the instructions
of any official traffic signal applicable to him and placed as provided by law,
unless otherwise directed by a police or traffic officer or when it is necessary
for the purpose of avoiding a collision or in case of other emergency, subject
to the exemptions granted by Section 21055.

Stop Requirements

22450. (a) The driver of any vehicle approaching a stop sign
at the entrance to, or within, an intersection, or railroad grade crossing 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 or railroad grade crossing.

(b) 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.

Railroad or Rail Transit
Grade Crossings

22451. (a) The driver of any vehicle or pedestrian approaching
a railroad or rail transit grade crossing shall stop not less than 15 feet from
the nearest rail and shall not proceed until he or she can do so safely, whenever
the following conditions exist:

(1) A clearly visible electric or mechanical signal device
or a flagman gives warning of the approach or passage of a train or car.

(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an immediate hazard.

(b) No driver or pedestrian shall proceed through, around,
or under any railroad or rail transit crossing gate while the gate is closed.

(c) Whenever a railroad or rail transit crossing is equipped
with an automated enforcement system, a notice of a violation of this section
is subject to the procedures provided in Section 40518.

Railroad Crossings

22452. (a) Subdivisions (b) and (c) apply to the operation of
the following vehicles:

(1) Any bus or farm labor vehicle carrying passengers.

(2) Any motortruck transporting employees in addition to those
riding in the cab.

(3) Any schoolbus and any school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4) of subdivision
(c).

(4) Every commercial motor vehicle transporting any quantity
of a Division 2.3 chlorine, as classified by Title 49 of the Code of Federal
Regulations.

(5) Every commercial motor vehicle that is required to be marked
or placarded in accordance with the regulations of Title 49 of the Code of Federal
Regulations with one of the following federal classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation
of any hazardous material, as defined in Parts 107 to 180, inclusive, of Title
49 of the Code of Federal Regulations.

(6) Every cargo tank motor vehicle transporting a commodity
that at the time of loading has a temperature above its flashpoint, as determined
under Section 173.120 of Title 49 of the Code of Federal Regulations.

(7) Every cargo tank motor vehicle, whether loaded or empty,
transporting any commodity under exemption in accordance with Subpart B of Part
107 of Title 49 of the Code of Federal Regulations.

(b) Before traversing a railroad grade crossing, the driver
of any vehicle described in subdivision (a) shall stop that vehicle not less
than 15 nor more than 50 feet from the nearest rail of the track and while so
stopped shall listen, and look in both directions along the track, for any approaching
train and for signals indicating the approach of a train, and shall not proceed
until he or she can do so safely. Upon proceeding, the gears shall not be shifted
manually while crossing the tracks.

(c) No stop need be made at any crossing in the following circumstances:

(1) Of railroad tracks running along and upon the roadway within
a business or residence district.

(2) Where a traffic officer or an official traffic control
signal directs traffic to proceed.

(3) Where an exempt sign was authorized by the Public Utilities

(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the Department of Transportation
or a local authority pursuant to Section 22452.5. This paragraph shall not apply
with respect to any schoolbus or to any school pupil activity bus.


Schoolbus: Meeting and Passing

22454. (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.

XVI.

Probation

14250. Whenever by any provision of this code the department
has discretionary authority to suspend or revoke the privilege of a person to
operate a motor vehicle, the department may in lieu of suspension or revocation
place the person on probation, the terms of which may include a suspension as
a condition of probation, issuing a probationary license with such reasonable
terms and conditions as shall be deemed by the department to be appropriate.

Suspension

13102. When used in reference to a driver’s license, “suspension”
means that the person’s privilege to drive a motor vehicle is temporarily withdrawn.
The department may, before terminating any suspension based upon a physical
or mental condition of the licensee, require such examination of the licensee
as deemed appropriate in relation to evidence of any condition which may affect
the ability of the licensee to safely operate a motor vehicle.

Revocation

13101. When used in reference to a driver’s license, “revocation”
means that the person’s privilege to drive a motor vehicle is terminated and
a new driver’s license may be obtained after the period of revocation.

Operating a Motorized
Scooter

21235 – A person is prohibited from operating a motorized scooter
unless that person has a valid class C driver’s license or an instruction
permit. A person is also prohibited from altering or modifying the exhaust system
of a motorized scooter in violation of specified noise restrictions and muffler
requirements.

Operating a Motorized
Scooter

21226 – A person is prohibited from operating a motorized scooter
unless that person has a valid class C driver’s license or an instruction
permit. A person is also prohibited from altering or modifying the exhaust system
of a motorized scooter in violation of specified noise restrictions and muffler
requirements.

High Occupancy Lanes
(HOV lanes, diamond lanes, etc)

5205.5 – Some low emission and hybrid vehicles (rated at 45
mpg or higher) are now permitted to use the High Occupancy Vehicle (HOV) lanes
without the requisite number of passengers. The vehicle must display a special
decal, issued by the DMV.

Financial Responsibility

4000.38 – Effective January 2006, the DMV no longer has the
choice of canceling the registration of any vehicle when it is determined that
the vehicle is not covered by a valid form of financial responsibility, but
instead the DMV is mandated to cancel the registration by law. Additionally,
the DMV may charge a reinstatement fee to cover the cost of reinstating the
registration after cancellation.