text:
(a) The Controller shall allocate the fees collected under Section 38230 in July and January of each fiscal year to cities and counties based upon the proportional estimated off-highway motor vehicle use and related activity within the respective jurisdictions pursuant to the report described in subdivision (d) of Section 5090.15 of the Public Resources Code.

(b) The funds collected under Section 38230 shall be used for the purposes set forth in Sections 5090.50 and 5090.64 of the Public Resources Code.

(c) In addition to the purposes set forth in subdivision (b), funds received by a city or county pursuant to this section may be expended for facilities located outside the limits of the city or county if both of the following conditions are met:

(1) The funds are expended for the purposes of acquiring, developing, and constructing trails, areas, or other facilities for the use of off-highway motor vehicles.

(2) The funds are expended pursuant to an agreement with the city in which the facility is located or with the county in which the facility is located if the facility is located in an unincorporated territory.

(d) This section shall become operative on January 1, 2006.

history: (History: Repealed (in Sec. 21) and added by Stats. 2004, Ch. 908, Sec. 22. Effective January 1, 2005. Section operative January 1, 2006, by its own provisions.)

article: 9. Identification Fees


kind: section

code: VEH

text: Whenever an off-highway motor vehicle subject to identification is operated or transported in this state without the fees required by this division having first been paid, the fee is delinquent.

history: (History: Amended by Stats. 1973, Ch. 974.)

division: 16.5. OFF-HIGHWAY VEHICLES

article: 9. Identification Fees

path: 16.5. OFF-HIGHWAY VEHICLES > 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership > 9. Identification Fees


text:
(a) A penalty shall be added upon any application for renewal of identification made on or after the day following the expiration date, except as provided in Section 4605, 38121, or 38247.

(b) If the fee specified in subdivision (a) or (b) of Section 38255 is not paid within 10 days after the fee becomes delinquent, a penalty shall be assessed.

(c) If renewal fee penalties have not accrued and the ownership of the vehicle is transferred, the transferee has 20 days from the date of transfer to pay the identification fees that become due without payment of any penalties that would otherwise be required under subdivision (a) or to file a certificate of nonoperation pursuant to subdivision (a) of Section 38121, if the vehicle will not be operated, used, or transported on public property or private property in a manner so as to subject the vehicle to identification during the subsequent identification period without first making application for identification of the vehicle, including full payment of all fees.

(d) Except as otherwise provided in this section, if any fee is not paid within 20 days after the fee becomes delinquent, a penalty shall be assessed.

history: (History: Amended by Stats. 1999, Ch. 1008, Sec. 17. Effective January 1, 2000.)

chapter: 2. Registration of Off-Highway Vehicles; Original and Renewal of Identification; Issuance of Certificates of Ownership

article: 9. Identification Fees


text:
(a) When a transferee or purchaser of a vehicle applies for transfer of identification, as provided in Section 38205, and it is determined by the department that penalties accrued prior to the purchase of the vehicle, and that the transferee or purchaser was not cognizant of the nonpayment of the fees for identification for the current or prior identification years, the department may waive the identification penalties upon payment of the fees for identification due.

(b) Other provisions of this code notwithstanding, the director may at his discretion investigate into the circumstances of any application for identification to ascertain if penalties had accrued through no fault or intent of the owner. Provided such circumstances prevail, the director may waive any penalties upon payment of the fees for identification then due.

(c) When a transferee or purchaser of a vehicle applies for transfer of identification of a vehicle, and it is determined by the department that fees for identification of the vehicle for any year are unpaid and due, that such fees became due prior to the purchase of the vehicle by the transferee or purchaser and that the transferee or purchaser was not cognizant of the fact that such fees were unpaid and due, the department may waive such fees and any penalty thereon when the identification fees due for the vehicle for the current year are paid.

(d) Upon the transfer of a vehicle for which fees for identification and any penalties thereon are unpaid and due, such fees and penalties are, notwithstanding the provisions of Article 6 (commencing with Section 9800) of this chapter, the personal debt of the transferor of the vehicle who did not pay such fees and penalties when they became due or accrued. Such fees and penalties may be collected by the department in an appropriate civil action if the department has waived such fees and penalties pursuant to subdivision (c).

history: (History: Added by Stats. 1976, Ch. 935.)

article: 9. Identification Fees


text: Whenever any person has received as transferee a properly endorsed certificate of ownership and the transfer fee has not been paid as required by this division within 10 days, the fee is delinquent.

history: (History: Amended by Stats. 1988, Ch. 1268, Sec. 23.)

article: 9. Identification Fees


text: Upon application for transfer of ownership or any interest of an owner, or legal owner in or to any off-highway motor vehicle identified under this division, there shall be paid the following fees: (a) For a transfer by the owner $15(b) For a transfer by the legal owner $15(c) When application is presented showing a transfer by both the owner and legal owner $15

history: (History: Amended by Stats. 2003, Ch. 719, Sec. 32. Effective January 1, 2004.)

article: 9. Identification Fees


text: Upon application for a duplicate ownership certificate or identification certificate, or a duplicate or substitute identification plate or device, or any other tabs, stickers, or devices, there shall be paid a fee in the amount of fifteen dollars ($15).

history: (History: Amended by Stats. 2003, Ch. 719, Sec. 33. Effective January 1, 2004.)

article: 9. Identification Fees


text:
(a) The penalty for delinquency in respect to any transfer shall be fifteen dollars ($15), and shall apply only to the last transfer.

(b) The penalty for delinquency in respect to the fees imposed by Sections 38225 and 38230 shall be equal to one-half the fee after it has been computed.

history: (History: Amended by Stats. 2003, Ch. 719, Sec. 34. Effective January 1, 2004.)

article: 9. Identification Fees


text: Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic.

history: (History: Repealed and added by Stats. 1976, Ch. 1093.)

chapter: 5. Off-Highway Vehicle Operating Rules

article: 1. Traffic Signs, Signals, and Markings

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 1. Traffic Signs, Signals, and Markings


text:
Only those signs, signals, markings, or devices that conform to the uniform standards and specifications adopted by the Department of Parks and Recreation, with the approval of the Off-Highway Motor Vehicle Recreation Commission, shall be placed as provided in Section 38280.

Special signs, signals, markings, or devices may be used on a temporary basis for purposes of directing traffic on and at sanctioned events conducted on public lands with permission of the agency having administrative jurisdiction over such lands.

history: (History: Amended by Stats. 1984, Ch. 729, Sec. 1.)

article: 1. Traffic Signs, Signals, and Markings


text: The provisions of Article 3 (commencing with Section 38305), Article 4 (commencing with Section 38312), Article 5 (commencing with Section 38316), Section 38319 of this chapter, and subdivision (h) of Section 38370 shall not apply to a motor vehicle being operated in an organized racing event that is conducted under the auspices of a recognized sanctioning body or by permit issued by the governmental authority having jurisdiction.

history: (History: Amended by Stats. 2002, Ch. 563, Sec. 44. Effective January 1, 2003.)

article: 1. Traffic Signs, Signals, and Markings


text: It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280.

article: 1. Traffic Signs, Signals, and Markings


text:
(a) It is unlawful to operate a vehicle in violation of special regulations which have been promulgated by the governmental agency having jurisdiction over public lands, including, but not limited to, regulations governing access, routes of travel, plants, wildlife, wildlife habitat, water resources, and historical sites.

(b) A person who operates a motor vehicle in an area closed to that vehicle is guilty of a public offense and shall be punished as follows:

(1) Except as provided in paragraphs (2) and (3), the offense is an infraction punishable by a fine not exceeding fifty dollars ($50).

(2) For a second offense committed within seven years after a prior violation for which there was a conviction punishable under paragraph (1), the offense is an infraction punishable by a fine not exceeding seventy-five dollars ($75).

(3) For a third or subsequent offense committed within seven years after two or more prior violations for which there were convictions punishable under this section, the offense is punishable by a fine not exceeding one hundred fifty dollars ($150). In addition to the fine, the court may assess costs sufficient to repair property damage resulting from the violation.

history: (History: Amended by Stats. 2007, Ch. 541, Sec. 25. Effective January 1, 2008.)

article: 1. Traffic Signs, Signals, and Markings


text:
Notwithstanding subdivision (d) of Section 5008 of the Public Resources Code, or any other provision of state law, and to the extent authorized under federal law, a person who violates a state or federal regulation that prohibits entry of a motor vehicle into all or portions of an area designated as a federal or state wilderness area is guilty of a public offense and shall be punished as follows:

(a) Except as provided in subdivisions (b) and (c), the offense is an infraction punishable by a fine not exceeding one hundred fifty dollars ($150).

(b) For a second offense committed within seven years after a prior violation for which there was a conviction punishable under subdivision (a), the offense is an infraction punishable by a fine not exceeding two hundred twenty-five dollars ($225).

(c) (1) For a third or subsequent offense committed within seven years after two or more prior violations for which there were convictions punishable under this section, the offense is a misdemeanor punishable by a fine not exceeding three hundred dollars ($300) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment.

(2) In addition to the fine imposed under paragraph (1), the court may order impoundment of the vehicle used in the offense under the following conditions:

(A) The person convicted under this subdivision is the owner of the vehicle.

(B) The vehicle is subject to Section 4000 or 38010.

(3) The period of impoundment imposed pursuant to this subdivision shall be not less than one day nor more than 30 days. The impoundment shall be at the owner’s expense.

history: (History: Added by Stats. 2005, Ch. 571, Sec. 4. Effective January 1, 2006.)

article: 1. Traffic Signs, Signals, and Markings


text:
Every person convicted of violating a local ordinance which is adopted by a city with a population over 2,000,000 persons pursuant to Section 38301 and which prohibits entry into all or portions of an area designated by ordinance as a mountain fire district shall be punished as follows:

(a) Except as provided in subdivisions (b) and (c), the offense is an infraction punishable by a fine not exceeding one hundred fifty dollars ($150).

(b) For a second offense committed within one year of a prior violation for which there was a conviction punishable under subdivision (a), the offense is punishable as an infraction by a fine not exceeding two hundred fifty dollars ($250).

(c) (1) For a third or subsequent offense committed within one year of two or more prior violations for which there were convictions punishable under this section, the offense is punishable as a misdemeanor by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. Additionally, the court may order impoundment of the vehicle used in the offense under the following conditions:

(A) The person convicted under this subdivision is the owner of the vehicle.

(B) The vehicle is subject to Section 38010.

(2) The period of impoundment imposed pursuant to this subdivision shall be not less than one day nor more than 30 days. The impoundment shall be at the owner’s expense.

history: (History: Added by Stats. 1984, Ch. 1015, Sec. 1.)

article: 1. Traffic Signs, Signals, and Markings


text: It is unlawful for any person to place or erect any sign, signal, or traffic control device for off-highway traffic upon public lands unless authorized by law.

history: (History: Added by Stats. 1976, Ch. 1093.)

article: 1. Traffic Signs, Signals, and Markings


text: The operator of an off-highway motor vehicle shall be able to reach and operate all controls necessary to safely operate the vehicle.

article: 2. Operating Controls

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 2. Operating Controls


text:
(a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child, shall grant permission to, or knowingly allow, that child to operate an off-highway motor vehicle in a manner that violates Section 38304.

(b) A person convicted of a violation of subdivision (a) is punishable as follows:

(1) For a first conviction, the court shall impose a fine of thirty-five dollars ($35).

(2) For a second conviction, a fine of not less than thirty-five dollars ($35) nor more than fifty dollars ($50).

(3) For a third or any subsequent conviction, a fine of not less than fifty dollars ($50) nor more than seventy-five dollars ($75).

history: (History: Added by Stats. 2009, Ch. 414, Sec. 3. (AB 134) Effective January 1, 2010.)

article: 2. Operating Controls


text: No person shall drive an off-highway motor vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of other persons or property.

article: 3. Speed Laws

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 3. Speed Laws


text: The prima facie speed limit within 50 feet of any campground, campsite, or concentration of people or animals shall be 15 miles per hour unless changed as authorized by this code and, if so changed, only when signs have been erected giving notice thereof.

article: 3. Speed Laws


text: No person shall place in motion an off-highway motor vehicle that is stopped, standing, or parked until such movement can be made with reasonable safety.

article: 4. Turning and Starting

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 4. Turning and Starting


text: No person shall turn an off-highway motor vehicle from a direct course or move right or left until such movement can be made with reasonable safety.

article: 4. Turning and Starting


text:
(a) It is unlawful for any person to drive any off-highway motor vehicle with a willful and wanton disregard for the safety of other persons or property.

(b) Any person who violates this section shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than five days nor more than 90 days or by fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or by both such fine and imprisonment, except as provided in Section 38317.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 397. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 5. Reckless Driving

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 5. Reckless Driving


text: Whenever reckless driving of an off-highway motor vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by both such fine and imprisonment.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 398. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 5. Reckless Driving


text:
(a) Any person who throws any substance at an off-highway motor vehicle or occupant thereof is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(b) Any person who, with intent to do great bodily injury, maliciously and willfully throws or projects any rock, brick, bottle, metal, or other missile, projects any other substance capable of doing serious bodily harm, or discharges a firearm at an off-highway motor vehicle or occupant thereof is guilty of a felony.

history: (History: Amended by Stats. 1984, Ch. 729, Sec. 1.5.)

article: 5. Reckless Driving


text:
(a) Any person who maliciously removes or alters trail, danger, or directional markers or signs provided for the safety or guidance of off-highway motor vehicles is guilty of a misdemeanor and shall be punished pursuant to Section 42002 by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.

(b) Any person who, with intent to do great bodily injury (1) proximately causes great bodily injury to any person as a result of acts prohibited by subdivision (a), or (2) erects or places any cable, chain, rope, fishing line, or other similar material which is unmarked or intentionally placed, or both, for malicious purpose is guilty of a felony.

(c) Any person convicted under subdivision (a) or (b) shall, if the violation proximately causes one or more adverse environmental impacts, also be liable in civil damages for the cost of mitigation, restoration, or repair thereof, in addition to any other liability imposed by law.

history: (History: Amended by Stats. 1985, Ch. 1322, Sec. 1.)

article: 5. Reckless Driving


text: No person shall operate, nor shall an owner permit the operation of, an off-highway motor vehicle in a manner likely to cause malicious or unnecessary damage to the land, wildlife, wildlife habitat or vegetative resources.

path: 16.5. OFF-HIGHWAY VEHICLES > 5. Off-Highway Vehicle Operating Rules > 6. Littering and Environmental Protection


text:
(a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing, upon any area, public or private, any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or kill wild or domestic animal or plant life or damage traffic using such area, or any noisome, nauseous or offensive matter of any kind.

(b) No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks or dirt in or upon any area, public or private, without the consent of the property owner or public agency having jurisdiction over the area.

(c) Any person who violates this section shall, upon conviction thereof, be punished by a fine of not less than fifty dollars ($50). No part of such fine shall be suspended. The court may permit the fine required by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum.

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 399. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

article: 6. Littering and Environmental Protection


text:
(a) Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any area, any material described in Section 38320, shall immediately remove the material or cause it to be removed.

(b) If such person fails to comply with the provisions of this section, the governmental agency responsible for the maintenance of the area, or the property owner of the land on which the material has been deposited, may remove such material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person who did not comply with the requirements of this section.


text: The provisions of this chapter shall apply to all off-highway motor vehicles, as defined in Section 38006, when operated in areas in which this division has application.

chapter: 6. Equipment of Off-Highway Vehicles

article: 1. General Provisions

path: 16.5. OFF-HIGHWAY VEHICLES > 6. Equipment of Off-Highway Vehicles > 1. General Provisions


text: It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, which is not equipped as required by this chapter or the equipment regulations of the governmental agency having jurisdiction over public lands, or which is not safely loaded.

article: 1. General Provisions


text: When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle shall be equipped with at least one lighted white headlamp directed toward the front of the vehicle. Such lamp shall be of an intensity sufficient to reveal persons and vehicles at a distance of at least 200 feet.

article: 2. Lighting Equipment

path: 16.5. OFF-HIGHWAY VEHICLES > 6. Equipment of Off-Highway Vehicles > 2. Lighting Equipment


text:
When operated from one-half hour after sunset to one-half hour before sunrise, each motor vehicle which is not in combination with any other vehicle shall be equipped with at least one lighted red taillamp which shall be clearly visible from the rear.

(a) Every such vehicle or vehicles at the end of a combination of vehicles shall be equipped with one lighted red taillamp when operated from one-half hour after sunset to one-half hour before sunrise.

article: 2. Lighting Equipment


text: A person shall not display a flashing or steady burning red or blue warning light on an off-highway motor vehicle except as permitted by Section 21055 or when an extreme hazard exists.

history: (History: Added by Stats. 2004, Ch. 908, Sec. 24. Effective January 1, 2005.)

article: 2. Lighting Equipment


text:
(a) Except as provided in subdivision (b), every motor vehicle shall be equipped with a service brake system which is in good working order and adequate to control the movement of, and to stop and hold to the limit of traction of, such vehicle or combination of vehicles under all conditions of loading and upon any grade on which it is operated.

(b) Any motor vehicle, such as an air-cushioned vehicle, which is unable to comply with the requirements of this section due to the method of operation, is exempt, if the operator is able to exercise safe control over the movement of such vehicle.

article: 3. Brakes

path: 16.5. OFF-HIGHWAY VEHICLES > 6. Equipment of Off-Highway Vehicles > 3. Brakes


text:
(a) Every off-highway motor vehicle, as defined in Section 38006, shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

(b) The provisions of subdivision (a) shall not be applicable to vehicles being operated off the highways in an organized racing or competitive event upon a closed course or in a hill climb or drag race, which is conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.

article: 4. Equipment

path: 16.5. OFF-HIGHWAY VEHICLES > 6. Equipment of Off-Highway Vehicles > 4. Equipment


text:
(a) Notwithstanding Section 4442 of the Public Resources Code, and except for vehicles with mufflers as provided in Article 2 (commencing with Section 27150) of Chapter 5 of Division 12, no person shall use, operate, or allow to be used or operated, any off-highway motor vehicle, as defined in Section 38006, on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle is equipped with a spark arrester maintained in effective working order.

(b) A spark arrester affixed to the exhaust system of a vehicle subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

(c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine or which is qualified and rated by the United States Forest Service.

(d) Subdivision (a) shall not be applicable to vehicles being operated off the highway in an organized racing or competitive event upon a closed course, which is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.

history: (History: Added by Stats. 1987, Ch. 1027, Sec. 28.)

article: 4. Equipment


text:
(a) The Department of Motor Vehicles shall not identify any new off-highway motor vehicle, which is subject to identification and which produces a maximum noise level that exceeds the following noise limit, at a distance of 50 feet from the centerline of travel, under test procedures established by the Department of the California Highway Patrol. (1)Any such vehicle manufactured before January 1, 1973 92dBA(2)Any such vehicle manufactured on or after January 1, 1973, and before January 1, 1975 88dBA(3)Any such vehicle manufactured on or after January 1, 1975, and before January 1, 1986 86dBA(4)Any such vehicle manufactured on or after January1, 1986 82dBA(b) The department may accept a dealer’s certificate as proof of compliance with this section.

(c) Test procedures for compliance with this section shall be established by the Department of the California Highway Patrol, taking into consideration the test procedures of the Society of Automotive Engineers.

(d) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a maximum noise level that exceeds the noise limits in subdivision (a), and for which noise emission standards or regulations have not been adopted by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).

(e) No person shall sell or offer for sale any new off-highway motor vehicle which is subject to identification and which produces a noise level that exceeds, or in any way violates, the noise emission standards or regulations adopted for such a motor vehicle by the Administrator of the Environmental Protection Agency pursuant to the Federal Noise Control Act of 1972 (P.L. 92-574).

(f) As used in this section, the term “identify” is equivalent to the term “licensing” as used in Section 6(e)(2) of the Federal Noise Control Act of 1972 (P.L. 92-574).

(g) Any off-highway motor vehicle, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions to not more than 101 dBA if manufactured on or after January 1, 1975, or 105 dBA if manufactured before January 1, 1975, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287. This subdivision shall only be operative until January 1, 2003.

(h) On and after January 1, 2003, off-highway motor vehicles, when operating pursuant to Section 38001, shall at all times be equipped with a silencer, or other device, which limits noise emissions.

(1) Noise emissions of competition off-highway vehicles manufactured on or after January 1, 1998, shall be limited to not more than 96 dBA, and if manufactured prior to January 1, 1998, to not more than 101 dBA, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable. Noise emissions of all other off-highway vehicles shall be limited to not more than 96 dBA if manufactured on or after January 1, 1986, and not more than 101 dBA if manufactured prior to January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, as applicable.

(2) The Off-Highway Motor Vehicle Recreation Division of the Department of Parks and Recreation shall evaluate and reassess the dates specified in paragraph (1) and include the findings and recommendations in the noise report required in subdivision (o) of Section 5090.32 of the Public Resources Code.

(i) Off-highway vehicle manufacturers or their agents prior to the sale to the general public in California of any new off-highway vehicle model manufactured after January 1, 2003, shall provide to the Off-Highway Motor Vehicle Recreation Division of the California Department of Parks and Recreation rpm data needed to conduct the J-1287 test, where applicable.

history: (History: Amended by Stats. 2004, Ch. 908, Sec. 25. Effective January 1, 2005.)

article: 4. Equipment


text:
(a) An off-highway motor vehicle, except an authorized emergency vehicle, shall not be equipped with a siren.

(b) A person driving an off-highway motor vehicle, except the driver of an authorized emergency vehicle as permitted by Section 21055, shall not use a siren.

history: (History: Added by Stats. 2004, Ch. 908, Sec. 26. Effective January 1, 2005.)

article: 4. Equipment


text:
(a) Because of specialized conditions such as fire hazard, public safety or other circumstances, any local authority, or state or federal agencies having control over public lands may require that vehicles being operated off highway be equipped with additional equipment.

(b) When such additional equipment is required in a specific location, the governmental agency having jurisdiction over that location shall insure that such regulations are posted in a manner that operators of off-highway motor vehicles using those locations will be aware of the special requirements.

article: 4. Equipment


text: No person shall operate or maintain in a condition of readiness for operation any off-highway motor vehicle which is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or with any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to such law, or required to be equipped with a motor vehicle pollution control device pursuant to the Clean Air Act (42 U.S.C. 1857 et seq.) and the standards and regulations promulgated thereunder, unless it is equipped with the required motor vehicle pollution control device which is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device. Notwithstanding Section 43107 of the Health and Safety Code, this section shall apply only to off-highway motor vehicles of the 1978 or later model year.

article: 5. Emission Control Equipment

path: 16.5. OFF-HIGHWAY VEHICLES > 6. Equipment of Off-Highway Vehicles > 5. Emission Control Equipment


text: No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required off-highway motor vehicle pollution control device or system which alters or modifies the original design or performance of any such motor vehicle pollution control device or system.

article: 5. Emission Control Equipment


text:
When the court finds that a person has willfully violated any provision of this article, such person shall be fined the maximum amount that may be imposed for such an offense, and no part of the fine may be suspended.

“Willfully”, as used in this section, has the same meaning as the meaning of that word prescribed in Section 7 of the Penal Code.

article: 5. Emission Control Equipment


text: No person shall operate an off-highway motor vehicle after notice by a traffic officer or other authorized public officer that such vehicle is not equipped with the required certified motor vehicle pollution control device correctly installed in operating condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle has been properly equipped with such a device.

article: 5. Emission Control Equipment


text: The notice to appear issued or complaint filed for a violation of any provision of this article shall require that the person to whom the notice to appear is issued or against whom the complaint is filed produce proof of correction pursuant to Section 40150.

article: 5. Emission Control Equipment


text:
This article shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board either:

(a) To not reduce the effectiveness of any required off-highway motor vehicle pollution control device; or

(b) To result in emissions from any such modified or altered off-highway vehicle which are at levels which comply with existing state or federal standards for that model year of the vehicle being modified or converted.

article: 5. Emission Control Equipment


text: The provisions of this article apply to off-highway motor vehicles of the United States or its agencies, to the extent authorized by federal law.

article: 5. Emission Control Equipment


text: Except as provided in Section 38390, this article shall be applicable to all off-highway motor vehicles, whether or not subject to identification pursuant to this division and without limitation by the exceptions contained in Section 38001, and to all off-highway motor vehicles operated or maintained in a condition of readiness for operation on private or public property.

article: 5. Emission Control Equipment


text: The Off-Highway Vehicle Safety Education Committee is hereby established. The committee consists of the Commissioner of the California Highway Patrol, the Deputy Director of Parks and Recreation for Off-Highway Vehicles, the Director of Motor Vehicles, or their designees, and a member of the Off-Highway Motor Vehicle Recreation Commission appointed by the members of the commission. The committee shall receive staff assistance in its operations from the Off-Highway Motor Vehicle Recreation Division in the Department of Parks and Recreation.

history: (History: Added by Stats. 1987, Ch. 881, Sec. 37.)

chapter: 7. All-Terrain Vehicles

path: 16.5. OFF-HIGHWAY VEHICLES > 7. All-Terrain Vehicles


text:
The Off-Highway Vehicle Safety Education Committee shall meet periodically to perform all of the following:

(a) Develop minimum criteria for certification as an approved all-terrain vehicle safety training organization. The criteria shall include, but not be limited to, the following:

(1) Curriculum and materials for training instructors to teach all-terrain vehicle operation and safety.

(2) Curriculum and materials for training all-terrain vehicle safety.

(3) Curriculum for teaching responsible use of off-highway vehicles with respect to environmental considerations, private property restrictions, off-highway vehicle operating laws, including noise and spark arrestor laws, and prohibitions against operating off-highway vehicles under the influence of alcohol or drugs.

(4) Record keeping and insurance requirements to satisfy the requirements of Sections 11103.1 and 11108.

(b) Upon presentation to the committee of a proposed program by an applicant to become an approved all-terrain vehicle safety training organization, the committee shall determine whether the applicant’s program meets the minimum criteria and, if approved, shall recommend the organization for licensing pursuant to Section 11105.6.


text:
(a) An all-terrain vehicle safety training organization, commencing on January 1, 1989, shall issue an all-terrain vehicle safety certificate furnished by the department to any individual who successfully completes a course of instruction in all-terrain vehicle operation and safety as approved and certified by the Off-highway Vehicle Safety Education Committee.

(b) The department shall charge a fee not to exceed three dollars ($3) for each all-terrain vehicle safety certificate issued by an all-terrain vehicle safety training organization to each person completing a course of instruction from an all-terrain vehicle safety instructor using the approved course of instruction of the all-terrain vehicle safety training organization. The amount of the fee shall be determined by the department and shall be sufficient to defray the actual costs incurred by the department for administering and monitoring this program.

(c) An all-terrain vehicle safety training organization shall not charge a fee in excess of the fee charged by the department pursuant to subdivision (b) for furnishing an all-terrain vehicle safety certificate. An organization may charge a fee not to exceed three dollars ($3) in addition to the fee charged by the department for the issuance of a duplicate certificate and shall provide a duplicate certificate if requested by the person who completed the course.


text: The department, on and after July 1, 1988, may monitor any all-terrain vehicle safety training organization or any all-terrain vehicle safety instructor without advance notice. The monitoring may include, but is not limited to, the instruction provided, business practices, and records required by Section 11108.


text:
No person under the age of 18 years, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions:

(a) The person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor.

(b) The person is under the direct supervision of an adult who has in their possession an appropriate safety certificate issued by this state, or issued under the authority of another state.

(c) The person has in possession an appropriate safety certificate issued by this state or issued under the authority of another state.


text: No person under 14 years of age, on and after January 1, 1990, shall operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the conditions set forth in Section 38503 and, in addition, is accompanied by and under the direct supervision of a parent or guardian or is accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian.


text:
(a) Neither a parent or guardian of a child who is under 14 years of age, nor an adult who is authorized by the parent or guardian to supervise that child shall grant permission to, or knowingly allow, that child to operate an all-terrain vehicle in a manner that violates Section 38504.

(b) A person convicted of a violation of subdivision (a) is punishable as follows:

(1) For a first conviction, the court shall either impose a fine of one hundred twenty-five dollars ($125) or order the person to take or retake and complete an all-terrain vehicle safety training course pursuant to Section 38501. If ordered to take or retake and complete the safety training course, the person shall provide the court a copy of the all-terrain vehicles safety certificate issued as a result of that completion.

(2) For a second conviction, a fine of not less than one hundred twenty-five dollars ($125) nor more than two hundred fifty dollars ($250).

(3) For a third or any subsequent conviction, a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).

history: (History: Added by Stats. 2006, Ch. 195, Sec. 1. Effective January 1, 2007.)


text: If a person under 14 years of age was not properly supervised or accompanied in accordance with Section 38504, and the parent or guardian of that child or the adult who was authorized by the parent or guardian to supervise or accompany that child is in violation of Section 38504.1, upon a conviction pursuant to Section 38504, the court may order that child to attend and complete the all-terrain vehicle safety training course accompanied by the person who violated Section 38504.1. If so ordered, the child under 14 years of age shall provide the court a copy of the all-terrain vehicles safety certificate issued as a result of that completion.

history: (History: Added by Stats. 2006, Ch. 195, Sec. 2. Effective January 1, 2007.)


text: A person, on and after January 1, 1989, shall not operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands, as described in Section 38001, unless the person wears a safety helmet meeting requirements established for motorcycles and motorized bicycles, pursuant to Section 27802.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 10. (SB 785) Effective January 1, 2020.)


text:
An operator of an all-terrain vehicle shall not carry a passenger when operating on public lands, as described in Section 38001.

However, the operator of an all-terrain vehicle, that is designed for operation off of the highway by an operator with no more than one passenger, may carry a passenger when operating on public lands, as described in Section 38001.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 11. (SB 785) Effective January 1, 2020.)


text: A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 12. (SB 785) Effective January 1, 2020.)

chapter: 8. Recreational Off-Highway Vehicles

path: 16.5. OFF-HIGHWAY VEHICLES > 8. Recreational Off-Highway Vehicles


text: A person shall not operate, or allow a passenger in, a recreational off-highway vehicle on public lands, as described in Section 38001, unless the person and the passenger are wearing safety helmets meeting the requirements established for motorcycles and motorized bicycles pursuant to Section 27802.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 13. (SB 785) Effective January 1, 2020.)


text: A person operating, and any passenger in, a recreational off-highway vehicle on lands, as described in Section 38001, shall wear a seatbelt and shoulder belt or safety harness that is properly fastened when the vehicle is in motion.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 14. (SB 785) Effective January 1, 2020.)


text:
(a) A person operating a recreational off-highway vehicle with a model year of 2014 or later on lands, as described in Section 38001, shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger.

(b) Seats that are installed in a separate seat location not designed and provided by the manufacturer for a passenger in a vehicle with a model year of 2013 or earlier on lands, as described in Section 38001, may be occupied by a passenger if the occupant of the seat is fully contained inside of the vehicle’s rollover protection structure at all times while the vehicle is being operated.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 15. (SB 785) Effective January 1, 2020.)


text:
(a) A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall not ride with a passenger, unless the passenger, while seated upright with their back against the seatback, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened.

(b) For purposes of this chapter, “occupant handhold” means any factory or aftermarket device grasped by an occupant to provide support and to assist in keeping arms and hands within the recreational off-highway vehicle. The steering wheel shall be considered an occupant handhold for the recreational off-highway vehicle operator.

(c) Occupant handholds shall be designed to allow the recreational off-highway vehicle passenger to exit the vehicle without interference from the handholds.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 16. (SB 785) Effective January 1, 2020.)


text:
(a) For purposes of this division, the following definitions apply:

(1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.

(2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle that meets the definition of Level 3, Level 4, or Level 5 of SAE International’s “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021),” as may be revised.

(B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.

(3) “Department” means the Department of Motor Vehicles.

(4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage.

(5) A “manufacturer” of autonomous technology is the person, as defined in Section 470, that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured.

(b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met:

(1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology.

(2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency.

(3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d).

(c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications:

(1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements:

(A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator.

(B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged.

(C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following:

(i) Require the operator to take control of the autonomous vehicle.

(ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop.

(D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged.

(E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws.

(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws.

(G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision.

(2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d).

(3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000).

(d) (1) The department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c), and processes related to notices of autonomous vehicle noncompliance pursuant to Section 38752.

(2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design.

(3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, regulations for notices of autonomous vehicle noncompliance, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this division.

(4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle.

(e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d).

(2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads.

(f) The department shall post a public notice on its internet website when it adopts the regulations required by subdivision (d). The department shall not approve an application submitted pursuant to the regulations until 30 days after the public notice is provided.

(g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this division when found to be in conflict with any other state law or regulation.

(h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department.

(i) Commencing January 1, 2026, an autonomous vehicle may be equipped with automated driving system (ADS) marker lamps in accordance with SAE International’s “Recommended Practice, Automated Driving System (ADS) Marker Lamp, standard J3134 (MAY2019),” as may be revised, and SAE International’s “Chromaticity Requirements for Ground Vehicle Lamps and Lighting Equipment, standard J578 (APR2020),” as may be revised. For purposes of this subdivision, an “ADS marker lamp” means a device that emits a light to indicate when an ADS is engaged in the operation of the vehicle.

(j) (1) Commencing January 1, 2030, to the extent authorized by federal law, any autonomous vehicle with a model year of 2031 or later and a gross vehicle weight rating of less than 8,501 pounds shall only be operated pursuant to a deployment permit pursuant to Article 3.8 (commencing with Section 228.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations if the vehicle is a zero-emission vehicle, as defined in Section 44258 of the Health and Safety Code.

(2) The department shall not commence rulemaking for the adoption of regulations implementing this subdivision before January 1, 2027.

history: (History: Amended by Stats. 2025, Ch. 415, Sec. 2. (SB 480) Effective January 1, 2026.)

division: 16.6. AUTONOMOUS VEHICLES

path: 16.6. AUTONOMOUS VEHICLES


text:
(a) For purposes of this section, the following definitions apply:

(1) “Emergency geofencing message” means a message delivered using commonly available communication methods to identify a location using a street address, intersection, coordinates, or any other reasonable and customary way of identifying a location, that directs an autonomous vehicle to leave or avoid an area because of an emergency.

(2) “Emergency response official” includes, but is not limited to, emergency dispatchers, peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and first responders.

(3) “Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(b) A manufacturer shall comply with all of the following requirements:

(1) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall maintain a dedicated emergency response telephone line that is available for emergency response officials during all hours when an autonomous vehicle is on a public road. The telephone line shall be available at no cost to public agencies.

(B) The manufacturer shall continuously monitor the status of each autonomous vehicle on a public road and shall equip and staff the telephone line to ensure that calls are picked up within 30 seconds by a remote human operator who has situational awareness of all autonomous vehicles on public roads.

(C) The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official.

(2) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall equip each autonomous vehicle with a two-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator who has situational awareness about the autonomous vehicle. The manufacturer shall ensure that an emergency response official is able to reach a remote human operator within 30 seconds after making a request through the device.

(B) The remote human operator shall have the ability to immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or cause the autonomous vehicle to move as directed by an emergency response official.

(3) Autonomous vehicles equipped with an override system in the vehicle that allows someone physically present to move the vehicle, pursuant to subparagraphs (A) and (D) of paragraph (1) of subdivision (c) of Section 38750 shall provide access to the override system to law enforcement and firefighters in case of emergency to allow law enforcement and firefighters to completely immobilize the vehicle or cause the vehicle to move as necessary to address the emergency. The manufacturer shall provide training for law enforcement and firefighters on the use of the override system. The training shall be reviewed on a regular basis by the manufacturer and updated as changes are needed.

(c) The department shall not renew, reinstate, or approve an expansion of the operational design domain of a permit unless the manufacturer certifies that it is in full compliance with the requirements under subdivision (b).

(d) (1) An emergency response official may issue an emergency geofencing message to a manufacturer.

(2) Within two minutes of receiving an emergency geofencing message, a manufacturer shall issue direction to its fleet to leave or avoid the area identified.

(3) Within 30 business days of receiving a notice that an emergency response official wishes to begin issuing emergency geofencing messages, a manufacturer shall provide the emergency response official with all information necessary for the emergency response official to begin issuing and for the manufacturer to receive and respond to emergency geofencing messages.

(4) An emergency geofencing message shall include the initial duration for the defined avoidance area based on a reasonable assessment of the emergency. Where necessary, an emergency response official may extend the duration for the avoidance area.

(e) This section shall only apply to manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle.

(f) Paragraphs (2) and (3) of subdivision (b) and subdivision (c) shall not apply to a commercial motor vehicle with a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater. This subdivision does not apply to a passenger transportation vehicle as defined in Section 464. The department may establish requirements by the adoption of regulations, determined in consultation with the Department of the California Highway Patrol, to ensure the safe interaction between autonomous commercial motor vehicles and emergency response officials.

(g) This section shall become operative on July 1, 2026.

history: (History: Added by Stats. 2024, Ch. 682, Sec. 2. (AB 1777) Effective January 1, 2025. Operative July 1, 2026, by its own provisions.)


text:
(a) A “notice of autonomous vehicle noncompliance” means a notice issued by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, that identifies, at minimum, an alleged violation of this code or an alleged violation of a local traffic ordinance adopted pursuant to this code by an autonomous vehicle while the autonomous technology is engaged, the date, time, and location of the alleged violation, and the license plate number of the vehicle.

(b) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may issue a notice of autonomous vehicle noncompliance upon observing an alleged violation of this code or an alleged violation of a local traffic ordinance adopted pursuant to this code.

(c) A manufacturer of an autonomous vehicle shall provide any issued notice of autonomous vehicle noncompliance to the department within 72 hours of issuance, or within a timeframe otherwise determined by the department. The department shall make available a means by which the manufacturer can provide the notice.

(d) The issuance of a notice of autonomous vehicle noncompliance shall not create a presumption that the autonomous vehicle is unsafe and shall not limit the manufacturer’s ability to contest the nature or occurrence of an alleged violation identified in the notice.

(e) This section shall not become operative until the department issues regulations addressing notices of autonomous vehicle noncompliance, as required by Section 38750.

history: (History: Added by Stats. 2024, Ch. 682, Sec. 3. (AB 1777) Effective January 1, 2025. Conditionally operative by its own provisions.)


text: The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

history: (History: Added by Stats. 2024, Ch. 682, Sec. 4. (AB 1777) Effective January 1, 2025.)


text:
(a) Notwithstanding Section 38750, the Contra Costa Transportation Authority is authorized to conduct a pilot project for the testing of autonomous vehicles that do not have a driver seated in the driver’s seat and are not equipped with a steering wheel, a brake pedal, or an accelerator provided the following requirements are met:

(1) The testing shall be conducted only at a privately owned business park designated by the authority, inclusive of public roads within the designated business park, and at GoMentum Station located within the boundaries of the former Concord Naval Weapons Station.

(2) The autonomous vehicle shall operate at speeds of less than 35 miles per hour.

(b) A change in ownership of the property comprising the GoMentum Station shall not affect the authorization to conduct testing pursuant to this section.

(c) Prior to the start of the testing of an autonomous vehicle that does not have a driver seated in the driver’s seat on or across a public road, the Contra Costa Transportation Authority or a private entity, or a combination of the two, shall do both of the following:

(1) Obtain an instrument of insurance, surety bond, or proof of self-insurance in an amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or proof of self-insurance to the Department of Motor Vehicles in the form and manner required by the department.

(2) Submit a detailed description of the testing program to the department. The detailed description shall include all of the following:

(A) Certification that, prior to testing on public roads, the autonomous vehicle has been tested under controlled conditions that simulate, as closely as practicable, the real world conditions that the autonomous vehicle will be subject to during this pilot project, and that the Contra Costa Transportation Authority or a private entity, or a combination of the two, has made a reasonable determination that it is safe to operate the autonomous vehicle on public roads under these conditions.

(B) Evidence satisfactory to the department that the City of San Ramon and any other local authorities with jurisdiction over the public roads in the designated privately owned business park approve of the geographic area and environmental, traffic, and speed conditions authorized for purposes of this pilot project.

(C) Certification that the autonomous vehicle can only operate in autonomous mode in the geographic area and environmental, traffic, and speed conditions authorized in this specific pilot project.

(D) Certification that this pilot project complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.

(E) Certification that the autonomous vehicle used in the pilot project complies with all applicable federal Motor Vehicle Safety Standards, or written evidence that the National Highway Traffic Safety Administration either considers the absence of a steering wheel, a brake pedal, or an accelerator permissible under federal Motor Vehicle Safety Standards or has granted the autonomous vehicle an exemption from compliance with the relevant federal Motor Vehicle Safety Standards.

(F) Identify to the department the autonomous vehicles that are to be tested on public roads during this pilot project. For each vehicle, the manufacturer shall provide to the department the make, model, and model year of the vehicle, the full vehicle identification number, and the license plate number and the state of issuance.

(G) Certification that the vehicle is equipped with a communication link between the vehicle and a remote operator to provide information on the vehicle’s location and status and to allow two-way communication between the remote operator and any passengers if the vehicle experiences any failures that would endanger the safety of the vehicle’s passengers or other road users while operating without a driver.

(H) Certification that the autonomous vehicle is designed to detect and respond to roadway conditions in compliance with all provisions of this code and local regulations applicable to the operation of motor vehicles.

(I) A copy of a law enforcement interaction plan, which includes information that the Contra Costa Transportation Authority or a private entity, or a combination of the two, will provide to the law enforcement agencies whose jurisdiction covers the designated privately owned business park to instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations.

(d) The operator of the autonomous vehicle technology tested pursuant to this section shall disclose to an individual who participates in the pilot project what personal information, if any, concerning the pilot project participant is collected by an autonomous vehicle.

(e) For the testing of autonomous vehicles within the designated business park, the department may require data collection for evaluating the safety of the vehicles, including, but not limited to, both of the following:

(1) A report to the department of any accident originating from the operation of the autonomous vehicle on a public road that resulted in the damage of property or in bodily injury or death. Accidents shall be reported within 10 days in the form and manner specified by the department pursuant to the regulations adopted by the department under Section 38750.

(2) The submission to the department of an annual report in the form and manner specified by the department pursuant to the regulations adopted under Section 38750 summarizing information on unplanned technology disengagements that occurred while the autonomous vehicle was being tested on public roads. “Disengagement” means a deactivation of the autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle required disengagement from the autonomous mode.

(f) This section does not limit the authority of the department to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle, pursuant to Section 38750.

(g) It is the intent of the Legislature, in enacting the act that added this section, to address the specific circumstances of the pilot project proposed in the County of Contra Costa. Pursuant to Section 38750, the Department of Motor Vehicles is developing regulations for the testing and operation of autonomous vehicles, and it is not the intent of the Legislature to influence the content of those statewide regulations through the adoption of the act that added this section, which is only intended to govern the establishment of one local pilot project.

(h) This section shall remain in effect only until 180 days after the operative date of regulations promulgated by the department to allow testing of autonomous vehicles without a driver in the vehicle, on which date any testing of autonomous vehicles by the Contra Costa Transportation Authority shall conform to those regulations, and as of the January 1 following that date this section is repealed, unless a later enacted statute, that is enacted before that January 1, deletes or extends that date.

history: (History: Added by Stats. 2016, Ch. 814, Sec. 1. (AB 1592) Effective January 1, 2017. Inoperative on date prescribed by its own provisions. Repealed, by its own provisions, on January 1 following inoperative date.)


text: “Bicycle”, for the purposes of this division, means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears having either two or three wheels (one of which is at least 20 inches in diameter) or having a frame size of at least 14 inches, or having four or more wheels.

history: (History: Amended by Stats. 1978, Ch. 421.)

division: 16.7. REGISTRATION AND LICENSING OF BICYCLES


text:
(a) The department shall procure and distribute bicycle license indicia and registration forms to all counties and cities which have adopted a bicycle licensing ordinance or resolution. Those counties and cities shall issue the indicia and registration form to the owner of any new bicycle, and may, upon request of the owner, issue an indicia and registration form to the owner of any bicycle which complies with Section 39007.

The department shall charge and collect a fee, not to exceed the cost of procuring and distributing the license indicia and registration form, for each bicycle license indicia and registration form issued. All fees collected pursuant to this section shall be deposited in the Motor Vehicle Account in the State Transportation Fund. Those fees are hereby continuously appropriated from the account for use by the department to defray costs to procure and distribute the bicycle license indicia and registration forms.

(b) The director shall design the bicycle license indicia and registration form described in subdivision (a), and shall establish procedures for the distribution of the indicia and registration form to counties and cities. The indicia shall be adhesive, durable, flexible, and of a size to permit it to be affixed to the front of the seat tube of the bicycle frame. Each indicia shall bear a unique license number and shall be permanently assigned to a bicycle. Each registration form shall comply with Section 39005.

(c) Bicycle licenses shall be renewed uniformly throughout the state on January 1 of the third year following the year of registration. Renewal of a bicycle license shall be indicated by a supplementary adhesive device affixed parallel to, and above or below, the indicia, with the expiration date showing.

history: (History: Amended by Stats. 1988, Ch. 1268, Sec. 25. Operative July 1, 1989, by Sec. 27 of Ch. 1268.)

path: 16.7. REGISTRATION AND LICENSING OF BICYCLES


text:
(a) A city or county, which adopts a bicycle licensing ordinance or resolution, shall not prohibit the operation of an unlicensed bicycle.

(b) It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency’s identifying symbol, on any bicycle frame licensed under this division.

history: (History: Amended by Stats. 2022, Ch. 343, Sec. 7. (AB 1909) Effective January 1, 2023.)


text: If a city or county has or adopts a bicycle licensing ordinance or resolution, indicia and a copy of the registration form obtained from the department shall be issued to the owner by the city or county or other licensing agency designated by it.

history: (History: Amended by Stats. 1975, Ch. 1250.)


text:
Each licensing agency, by ordinance or resolution, may adopt rules and regulations for the collection of license fees. Revenues from license fees shall be retained by the licensing city or county and shall be used for the support of such bicycle ordinance or resolution, and may be used to reimburse retailers for services rendered. In addition, fees collected shall be used to improve bicycle safety programs and establish bicycle facilities, including bicycle paths and lanes, within the limits of the jurisdiction.

The fees required to be paid pursuant to this division are as follows:

(a) For each new bicycle license and registration certificate, the sum shall not exceed four dollars ($4) per year or any portion thereof.

(b) For each transfer of registration certificate, the sum shall not exceed two dollars ($2).

(c) For each replacement of a bicycle license or registration certificate, the sum shall not exceed two dollars ($2).

(d) For each bicycle license renewal, the sum shall not exceed two dollars ($2) per year.

history: (History: Amended by Stats. 1999, Ch. 277, Sec. 4. Effective January 1, 2000.)


text:
Cities and counties having a bicycle licensing ordinance or resolution shall maintain records of each bicycle registered. Such records shall include, but not be limited to, the license number, the serial number of the bicycle, the make and type, of the bicycle, and the name and address of the licensee.

Records shall be maintained by the licensing agency during the period of validity of the license or until notification that the bicycle is no longer to be operated.


text:
(a) Each bicycle retailer and each bicycle dealer shall supply to each purchaser a preregistration form provided by the licensing agency and shall include, on the sales check or receipt given to the purchaser, a record of the following information: name of retailer, address of retailer, year and make of the bicycle, serial number of the bicycle if delivered to the purchaser in an assembled state, general description of the bicycle, name of purchaser, and address of purchaser. A copy of the preregistration form shall be filled out and forwarded by the purchaser to the appropriate licensing agency within 10 days from the date of sale.

(b) For the purposes of this division, a bicycle dealer is any person who sells, gives away, buys, or takes in trade for the purpose of resale, more than five bicycles in any one calendar year, whether or not such bicycles are owned by such person. “Bicycle dealer” also includes agents or employees of such person.


text: After December 31, 1976, no bicycle retailer shall sell any new bicycle in this state unless such bicycle has legibly and permanently stamped or cast on its frame a serial number, no less than one-eighth inch in size, and unique to the particular bicycle of each manufacturer. The serial number only shall be stamped or cast in the head of the frame, either side of the seat tube, the toeplate, or the bottom sprocket (crank) housing.


text:
(a) Whenever any person sells or otherwise disposes of a bicycle, he shall endorse upon the registration certificate previously issued for such bicycle a written transfer of same, setting forth the name, address, telephone number of the transferee, date of transfer, and signature of the transferrer, and shall deliver the registration certificate, so endorsed, to the licensing agency within 10 days.

(b) Any person who purchases or otherwise acquires possession of a bicycle shall, within 10 days of taking possession, apply for the transfer of license to his own name. Cities and counties may establish rules and regulations to govern and enforce the provisions of this section.


text:
(a) Whenever the owner of a bicycle licensed pursuant to an ordinance or resolution of a city or county changes his address, he shall within 10 days notify the appropriate licensing agency of the old and new address.

(b) In the event that any bicycle license indicia or registration form issued pursuant to the provisions of this division is lost, stolen, or mutilated, the licensee of such bicycle shall immediately notify the licensing agency, and, within 10 days after such notification, shall apply to the licensing agency for a duplicate license indicia or registration form. Thereupon, the licensing agency shall issue to such licensee a replacement indicia or registration form upon payment to the licensing agency of the appropriate fee.


text: No fine imposed for any violation of an ordinance or resolution, which is adopted pursuant to this division, shall exceed ten dollars ($10).

history: (History: Amended by Stats. 1983, Ch. 1092, Sec. 400. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)


text: Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code.

history: (History: Added by Stats. 1971, Ch. 1178.)

division: 17. OFFENSES AND PROSECUTION

chapter: 1. Offenses

article: 1. Violation of Code

path: 17. OFFENSES AND PROSECUTION > 1. Offenses > 1. Violation of Code


text: A violation expressly declared to be a felony, or a public offense which is punishable, in the discretion of the court, either as a felony or misdemeanor, or a willful violation of a court order which is punishable as contempt pursuant to subdivision (a) of Section 42003, is not an infraction.

history: (History: Amended by Stats. 1973, Ch. 1162.)

article: 1. Violation of Code


text:
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

Section 20, relating to false statements.

Section 27, relating to impersonating a member of the California Highway Patrol.

Section 31, relating to giving false information.

Paragraph (3) of subdivision (a), or subdivision (b), or both, of Section 221, relating to proper evidence of clearance for dismantling.

history: (History: Amended by Stats. 1999, Ch. 316, Sec. 3. Effective January 1, 2000.)

article: 1. Violation of Code


text:
A violation of any of the following is a misdemeanor and not an infraction:

(a) Subdivision (b) of Section 1808.1, relating to enrollment in the pull notice system.

(b) Subdivision (f) of Section 1808.1, relating to employment of disqualified drivers.

history: (History: Amended by Stats. 1991, Ch. 928, Sec. 37. Effective October 14, 1991.)

article: 1. Violation of Code


text:
(a) A violation of any of the following provisions is a misdemeanor, and not an infraction:

(1) Section 2416, relating to regulations for emergency vehicles.

(2) Section 2800, relating to failure to obey an officer’s lawful order or submit to a lawful inspection.

(3) Section 2800.1, relating to fleeing from a peace officer.

(4) Section 2801, relating to failure to obey a firefighter’s lawful order.

(5) Section 2803, relating to unlawful vehicle or load.

(6) Section 2813, relating to stopping for inspection.

(7) Subdivisions (b), (c), and (d) of Section 4461 and subdivisions (b) and (c) of Section 4463, relating to disabled person placards and disabled person and disabled veteran license plates.

(8) Section 4462.5, relating to deceptive or false evidence of vehicle registration.

(9) Section 4463.5, relating to deceptive or facsimile license plates.

(10) Section 5500, relating to the surrender of registration documents and license plates before dismantling may begin.

(11) Section 5506, relating to the sale of a total loss salvage vehicle, or of a vehicle reported for dismantling by a salvage vehicle rebuilder.

(12) Section 5753, relating to delivery of certificates of ownership and registration when committed by a dealer or any person while a dealer within the preceding 12 months.

(13) Section 5901, relating to dealers and lessor-retailers giving notice.

(14) Section 5901.1, relating to lessors giving notice and failure to pay fee.

(15) Section 8802, relating to the return of canceled, suspended, or revoked certificates of ownership, registration cards, or license plates, when committed by any person with intent to defraud.

(16) Section 8803, relating to return of canceled, suspended, or revoked documents and license plates of a dealer, manufacturer, remanufacturer, transporter, dismantler, or salesman.

(b) This section shall become operative on January 1, 2001.

history: (History: Amended by Stats. 2010, Ch. 709, Sec. 26. (SB 1062) Effective January 1, 2011.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

Section 9872, relating to the registration of vessels.

Section 9872.1, relating to unidentified vessels.

history: (History: Amended by Stats. 1991, Ch. 922, Sec. 7.)

article: 1. Violation of Code


text:
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

Section 10501, relating to false report of vehicle theft.

Sections 10750 and 10751, relating to altered or defaced vehicle identifying numbers.

Section 10851.5, relating to theft of binder chains.

Sections 10852 and 10853, relating to injuring or tampering with a vehicle.

Section 10854, relating to unlawful use of stored vehicle.

article: 1. Violation of Code


text:
A violation of subdivision (a) of Section 12500 shall be punished as follows:

(a) Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation.

(b) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (c) of Section 192 of the Penal Code, subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154.

(c) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code for a third or subsequent violation.

history: (History: Added by Stats. 2022, Ch. 800, Sec. 20. (AB 2746) Effective January 1, 2023.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations.

(b) Section 12515, subdivision (b), relating to persons under 21 years of age driving, and the employment of those persons to drive, vehicles engaged in interstate commerce or transporting hazardous substances or wastes.

(c) Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.

(d) Section 12517.45, relating to a special driver’s certificate and vehicle inspection for the transportation of pupils to or from school-related activities by a passenger charter-party carrier as defined in subdivision (k) of Section 545.

(e) Section 12519, subdivision (a), relating to a special driver’s certificate to operate a farm labor vehicle.

(f) Section 12520, relating to a special driver’s certificate to operate a tow truck.

(g) Section 12951, subdivision (b), relating to refusal to display license.

(h) Section 13004, relating to unlawful use of an identification card.

(i) Section 13004.1, relating to identification documents.

(j) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to driving with a suspended or revoked driver’s license.

(k) Section 14604, relating to unlawful use of a vehicle.

(l) Section 14610, relating to unlawful use of a driver’s license.

(m) Section 14610.1, relating to identification documents.

(n) Section 15501, relating to use of false or fraudulent license by a minor.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 218. (AB 1754) Effective January 1, 2024.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Section 16560, relating to interstate highway carriers.

(b) Sections 20002 and 20003, relating to duties at accidents.

(c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.

(d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.

(e) Subdivision (c) of Section 21655.9, relating to illegal use of decals, labels, or other identifiers.

(f) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.

(g) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.

(h) This section shall remain in effect only until the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5, and as of that date is repealed.

history: (History: Amended (as amended by Stats. 2006, Ch. 614, Sec. 5) by Stats. 2010, Ch. 215, Sec. 3. (SB 535) Effective January 1, 2011. Repealed on date prescribed by its own provisions. See later operative version, as amended by Sec. 4 of Ch. 215.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Section 16560, relating to interstate highway carriers.

(b) Sections 20002 and 20003, relating to duties at accidents.

(c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.

(d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.

(e) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.

(f) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.

(g) This section shall become operative on the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5.

history: (History: Amended (as amended by Stats. 2006, Ch. 614, Sec. 6) by Stats. 2010, Ch. 215, Sec. 4. (SB 535) Effective January 1, 2011. Section operative on date prescribed by its own provisions.)

article: 1. Violation of Code


text:
A violation of subdivision (b) or (c) of Section 21367 is an infraction, except as follows:

(a) A willful violation is a misdemeanor.

(b) A willful violation committed in a manner exhibiting a wanton disregard for the safety of persons is a misdemeanor punishable by imprisonment in the county jail for not more than one year.

history: (History: Added by Stats. 1986, Ch. 748, Sec. 3.)

article: 1. Violation of Code


text:
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating to unlawfully towed or stored vehicles.

Sections 23103 and 23104, relating to reckless driving.

Section 23109, relating to speed contests or exhibitions.

Subdivision (a) of Section 23110, relating to throwing at vehicles.

Section 23152, relating to driving under the influence.

Subdivision (b) of Section 23222, relating to possession of marijuana.

Subdivision (a) or (b) of Section 23224, relating to persons under 21 years of age knowingly driving, or being a passenger in, a motor vehicle carrying any alcoholic beverage.

Section 23253, relating to directions on toll highways or vehicular crossings.

Section 23332, relating to trespassing.

Section 24002.5, relating to unlawful operation of a farm vehicle.

Section 24011.3, relating to vehicle bumper strength notices.

Section 27150.1, relating to sale of exhaust systems.

Section 27362, relating to child passenger seat restraints.

Section 28050, relating to true mileage driven.

Section 28050.5, relating to nonfunctional odometers.

Section 28051, relating to resetting odometers.

Section 28051.5, relating to devices to reset odometers.

Subdivision (d) of Section 28150, relating to possessing four or more jamming devices.

history: (History: Amended by Stats. 2006, Ch. 609, Sec. 6. Effective January 1, 2007.)

article: 1. Violation of Code


text: A second or subsequent violation of Section 23114, relating to preventing the escape of materials from vehicles, occurring within two years of a prior violation of that section is a misdemeanor, and not an infraction.

history: (History: Amended by Stats. 1997, Ch. 945, Sec. 32. Effective January 1, 1998.)

article: 1. Violation of Code


text: A violation of subdivision (b) of Section 31401 or Section 31402 or 31403, relating to farm labor vehicles, is a misdemeanor and not an infraction.

history: (History: Added by Stats. 1988, Ch. 613, Sec. 2.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Section 31303, relating to transportation of hazardous waste.

(b) Division 14 (commencing with Section 31600), relating to transportation of explosives.

(c) Division 14.1 (commencing with Section 32000), relating to the transportation of hazardous material.

(d) Division 14.3 (commencing with Section 32100), relating to transportation of inhalation hazards.

(e) Division 14.5 (commencing with Section 33000), relating to transportation of radioactive materials.

(f) Division 14.7 (commencing with Section 34001), relating to flammable liquids.

history: (History: Amended by Stats. 1988, Ch. 1384, Sec. 6.)

article: 1. Violation of Code


text: A third or subsequent violation of Section 23225, relating to the storage of an opened container of an alcoholic beverage, or Section 23223, relating to the possession of an open container of an alcoholic beverage, by a driver of a vehicle used to provide transportation services on a prearranged basis, operating under a valid certificate or permit pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code), is a misdemeanor.

history: (History: Amended by Stats. 2013, Ch. 76, Sec. 198. (AB 383) Effective January 1, 2014.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Subdivision (a) of Section 34506, relating to the hours of service of drivers.

(b) Subdivision (b) of Section 34506, relating to the transportation of hazardous materials.

(c) Subdivision (c) of Section 34506, relating to schoolbuses.

(d) Subdivision (d) of Section 34506, relating to youth buses.

(e) Section 34505 or subdivision (e) of Section 34506, relating to tour buses.

(f) Section 34505.5 or subdivision (f) of Section 34506, relating to vehicles described in subdivisions (a) to (g), inclusive, of Section 34500.

(g) Subdivision (a) of Section 34501.3, relating to unlawful scheduling of runs by motor carriers.

(h) Subdivision (g) of Section 34506, relating to school pupil activity buses.

(i) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 34505.9, relating to intermodal chassis.

history: (History: Amended by Stats. 1998, Ch. 340, Sec. 4. Effective August 24, 1998.)

article: 1. Violation of Code


text:
(a) A violation of subdivision (e) of Section 34501, subdivision (b) or (d) of Section 34501.12, or subdivision (c) of Section 34501.14, relating to applications for inspections, is a misdemeanor and not an infraction.

(b) A violation of Division 14.85 (commencing with Section 34600), relating to motor carriers of property, is a misdemeanor and not an infraction.

(c) This section shall become operative on January 1, 2016.

history: (History: Repealed (in Sec. 19) and added by Stats. 2013, Ch. 500, Sec. 20. (AB 529) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.)

article: 1. Violation of Code


text:
A violation of any of the following provisions is a misdemeanor, and not an infraction:

(a) Paragraph (1) of subdivision (c) of Section 35784, relating to special permit violations.

(b) Subdivision (a) of Section 35784.5 relating to extralegal loads and operation of vehicles without a special permit.

(c) Other provisions of Chapter 5 (commencing with Section 35550) of Division 15, which relate to weight restrictions, except in cases of weight violations where the amount of excess weight is less than 4,501 pounds.

history: (History: Amended by Stats. 1984, Ch. 542, Sec. 9.)

article: 1. Violation of Code


text:
A violation of any of the following provisions shall constitute a misdemeanor and not an infraction:

(a) Subdivision (c) of Section 38301.5, relating to unauthorized operation of a vehicle within a mountain fire district.

(b) Section 38316, relating to reckless driving.

(c) Section 38317, relating to reckless driving with injury.

(d) Subdivision (a) of Section 38318 or subdivision (a) of Section 38318.5, relating to off-highway vehicles.

(e) Section 38319, relating to protection of the environment.

(f) Section 38320, relating to the depositing of matter.

history: (History: Amended by Stats. 1984, Ch. 1015, Sec. 3.)

article: 1. Violation of Code


text:
A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

Section 40005, relating to owner’s responsibility.

Section 40504, relating to false signatures.

Section 40508, relating to failure to appear or to pay fine.

Section 40519, relating to failure to appear.

Section 40614, relating to use of a fictitious name.

Section 40616, relating to a willful violation of a notice to correct.

history: (History: Amended by Stats. 2023, Ch. 85, Sec. 1. (AB 466) Effective January 1, 2024.)

article: 1. Violation of Code


text: A violation of subdivision (g) of Section 34501.12 or subdivision (d) of Section 34501.14, relating to inspections, is a misdemeanor and not an infraction.

history: (History: Amended by Stats. 1992, Ch. 1243, Sec. 107.1. Effective September 30, 1992. Operative January 1, 1993, by Sec. 117 of Ch. 1243.)

article: 1. Violation of Code


text:
Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code or any local ordinance adopted pursuant to this code within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

This section shall have no application to violations by pedestrians.

history: (History: Amended by Stats. 1975, Ch. 635.)

article: 1. Violation of Code


text: A violation of Section 1808.45, relating to unauthorized disclosure of department records, is a misdemeanor, and not an infraction.

history: (History: Added by Stats. 1989, Ch. 1213, Sec. 18.)

article: 1. Violation of Code


text: A violation of Section 2430.5 or 2432, relating to emergency road service, is a misdemeanor and not an infraction.

history: (History: Added by Stats. 1991, Ch. 488, Sec. 9.)

article: 1. Violation of Code


text: A violation of Section 23112.5, relating to notification of an on-highway hazardous material or hazardous waste spill, is a misdemeanor and not an infraction.

history: (History: Added by Stats. 1990, Ch. 429, Sec. 10.)

article: 1. Violation of Code


text: A violation of Article 7 (commencing with Section 2570) of Chapter 2.5 of Division 2, relating to transportation of school pupils, is a misdemeanor, and not an infraction.

history: (History: Added by Stats. 1990, Ch. 1563, Sec. 62.)

article: 1. Violation of Code