Vehicle Code — Part 15 | VEH — United States — California law | Esheria

Vehicle Code

Part 15 of 19 · provisions 2,801–3,000

This section says the act is named the Vehicle Code.

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DMV fee collection DMV notices DMV records DMV reporting DUI procedure DUI program DUI sentencing LPR data retention MSRP Motor vehicle theft prevention Parking lots Purple Heart recipients U-turns Vehicle parking abandoned vehicle abatement abandoned vehicle disposition abandoned vehicle procedures abandoned vehicles abandoned vessel handling ability to pay access rights access routes accessibility accessible parking +3,493 more

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The definitions in this code apply when construing the code unless the provision or context requires otherwise. “Ability to respond in damages” means financial responsibility. Police officers must report stolen-vehicle and lost-or-stolen plate information to the Department of Justice system, and the reporting agency must notify the reporting party when a vehicle is recovered. A person must not make or file a false or fraudulent vehicle-theft report with any law enforcement agency, if done with intent to deceive. A vehicle’s owner or legal owner may report theft or embezzlement to the California Highway Patrol, and must report recovery after making that notice.

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Provisions of Vehicle Code

Showing 200 of 3,721

  1. 40000.11.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any listed provision is treated as a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.11. 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. (Amended by Stats. 2023, Ch. 131, Sec. 218. (AB 1754) Effective January 1, 2024.)
  2. 40000.14.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of subdivision (b) or (c) of Section 21367 is usually an infraction, but a willful violation is a misdemeanor, and a willful violation with wanton disregard for safety is a misdemeanor punishable by up to one year in county jail.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.14. 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. (Added by Stats. 1986, Ch. 748, Sec. 3.)
  3. 40000.15.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any of the listed Vehicle Code provisions is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.15. 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. (Amended by Stats. 2006, Ch. 609, Sec. 6. Effective January 1, 2007.)
  4. 40000.16.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A second or later violation of Section 23114 within two years of a prior violation is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.16. 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. (Amended by Stats. 1997, Ch. 945, Sec. 32. Effective January 1, 1998.)
  5. 40000.18.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of the listed farm labor vehicle provisions is treated as a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.18. 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. (Added by Stats. 1988, Ch. 613, Sec. 2.)
  6. 40000.19.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any listed provision is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.19. 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. (Amended by Stats. 1988, Ch. 1384, Sec. 6.)
  7. 40000.20.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A third or later violation of the listed open-container provisions by certain prearranged-transportation drivers is a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.20. 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. (Amended by Stats. 2013, Ch. 76, Sec. 198. (AB 383) Effective January 1, 2014.)
  8. 40000.21.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violations of the listed Vehicle Code provisions are misdemeanors, not infractions.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.21. 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. (Amended by Stats. 1998, Ch. 340, Sec. 4. Effective August 24, 1998.)
  9. 40000.22.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain violations are treated as misdemeanors, not infractions, and this section becomes operative on January 1, 2016.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.22. (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. (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.)
  10. 40000.23.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violations of the listed provisions are misdemeanors, not infractions, with a narrow exception for certain under-4,501-pound excess-weight violations.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.23. 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. (Amended by Stats. 1984, Ch. 542, Sec. 9.)
  11. 40000.24.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of the listed Vehicle Code provisions is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.24. 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. (Amended by Stats. 1984, Ch. 1015, Sec. 3.)
  12. 40000.25.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any listed provision is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.25. 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. (Amended by Stats. 2023, Ch. 85, Sec. 1. (AB 466) Effective January 1, 2024.)
  13. 40000.26.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of certain inspection-related provisions is treated as a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.26. 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. (Amended by Stats. 1992, Ch. 1243, Sec. 107.1. Effective September 30, 1992. Operative January 1, 1993, by Sec. 117 of Ch. 1243.)
  14. 40000.28.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    An offense that would otherwise be an infraction becomes a misdemeanor if the defendant has three or more qualifying convictions within the prior 12 months and those convictions are admitted or alleged.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.28. 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. (Amended by Stats. 1975, Ch. 635.)
  15. 40000.3.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain violations are not infractions if they are expressly declared felonies, punishable as either felonies or misdemeanors at the court’s discretion, or willful violations of a court order punishable as contempt under Section 42003(a).

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.3. 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. (Amended by Stats. 1973, Ch. 1162.)
  16. 40000.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating the listed Vehicle Code provisions is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.5. 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. (Amended by Stats. 1999, Ch. 316, Sec. 3. Effective January 1, 2000.)
  17. 40000.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating either listed part of Section 1808.1 is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.6. 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. (Amended by Stats. 1991, Ch. 928, Sec. 37. Effective October 14, 1991.)
  18. 40000.61.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of Section 1808.45 about unauthorized disclosure of department records is treated as a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.61. A violation of Section 1808.45, relating to unauthorized disclosure of department records, is a misdemeanor, and not an infraction. (Added by Stats. 1989, Ch. 1213, Sec. 18.)
  19. 40000.65.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.65. A violation of Section 2430.5 or 2432, relating to emergency road service, is a misdemeanor and not an infraction. (Added by Stats. 1991, Ch. 488, Sec. 9.)
  20. 40000.7.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any listed Vehicle Code provision is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.7. (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. (Amended by Stats. 2010, Ch. 709, Sec. 26. (SB 1062) Effective January 1, 2011.)
  21. 40000.70.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of Section 23112.5 about notification of an on-highway hazardous material or hazardous waste spill is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.70. 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. (Added by Stats. 1990, Ch. 429, Sec. 10.)
  22. 40000.77.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A violation of the specified school pupil transportation article is treated as a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.77. 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. (Added by Stats. 1990, Ch. 1563, Sec. 62.)
  23. 40000.8.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating Section 9872 or Section 9872.1 is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.8. 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. (Amended by Stats. 1991, Ch. 922, Sec. 7.)
  24. 40000.9.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Violating any listed provision is a misdemeanor, not an infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40000.9. 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. (Added by Stats. 1971, Ch. 1178.)
  25. 40001.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Owners, employers, and people directing drivers must not cause or allow vehicle operation that is contrary to law, and employers can face misdemeanor or fine penalties for certain violations.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40001. (a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a highway in any manner contrary to law. (b) It is unlawful for an owner to request, cause, or permit the operation of any vehicle that is any of the following: (1) Not registered or for which any fee has not been paid under this code. (2) Not equipped as required in this code. (3) Not in compliance with the size, weight, or load provisions of this code. (4) Not in compliance with the regulations promulgated pursuant to this code, or with applicable city or county ordinances adopted pursuant to this code. (5) Not in compliance with the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and the rules and regulations of the State Air Resources Board. (c) Any employer who violates an out-of-service order, that complies with Section 396.9 of Title 49 of the Code of Federal Regulations, or who knowingly requires or permits a driver to violate or fail to comply with that out-of-service order, is guilty of a misdemeanor. (d) An employer who is convicted of allowing, permitting, requiring, or authorizing a driver to operate a commercial motor vehicle in violation of any statute or regulation pertaining to a railroad-highway grade crossing is subject to a fine of not more than ten thousand dollars ($10,000). (e) Whenever a violation is chargeable to the owner or lessee of a vehicle pursuant to subdivision (a) or (b), the driver shall not be arrested or cited for the violation unless the vehicle is registered in a state or country other than California, or unless the violation is for an offense that is clearly within the responsibility of the driver. (f) Whenever the owner, or lessee, or any other person is prosecuted for a violation pursuant to this section, the court may, on the request of the defendant, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. However, the court may make the driver a codefendant only if the driver is the owner or lessee of the vehicle, or the driver is an employee or a contractor of the defendant who requested the court to make the driver a codefendant. If the codefendant is held solely responsible and found guilty, the court may dismiss the charge against the defendant. (g) In any prosecution under this section, it is a rebuttable presumption that any person who gives false or erroneous information in a written certification of actual gross cargo weight has directed, requested, caused, or permitted the operation of a vehicle in a manner contrary to law in violation of subdivision (a) or (b), or both. (Amended by Stats. 2004, Ch. 193, Sec. 200. Effective January 1, 2005.)
  26. 40002.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a vehicle code violation occurs, certain non-driving owners or persons can receive a notice to appear; missing court or bail steps can lead to a verified complaint, notice of noncompliance, and possible registration renewal consequences.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40002. (a) (1) If there is a violation of Section 40001, an owner or any other person subject to Section 40001, who was not driving the vehicle involved in the violation, may be mailed a written notice to appear. An exact and legible duplicate copy of that notice when filed with the court, in lieu of a verified complaint, is a complaint to which the defendant may plead “guilty.” (2) If, however, the defendant fails to appear in court or does not deposit lawful bail, or pleads other than “guilty” of the offense charged, a verified complaint shall be filed which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by the defendant and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (3) A verified complaint pursuant to paragraph (2) shall include a paragraph that informs the person that unless he or she appears in the court designated in the complaint within 21 days after being given the complaint and answers the charge, renewal of registration of the vehicle involved in the offense may be precluded by the department, or a warrant of arrest may be issued against him or her. (b) (1) If a person mailed a notice to appear pursuant to paragraph (1) of subdivision (a) fails to appear in court or deposit bail, a warrant of arrest shall not be issued based on the notice to appear, even if that notice is verified. An arrest warrant may be issued only after a verified complaint pursuant to paragraph (2) of subdivision (a) is given the person and the person fails to appear in court to answer that complaint. (2) If a person mailed a notice to appear pursuant to paragraph (1) of subdivision (a) fails to appear in court or deposit bail, the court may give by mail to the person a notice of noncompliance. A notice of noncompliance shall include a paragraph that informs the person that unless he or she appears in the court designated in the notice to appear within 21 days after being given by mail the notice of noncompliance and answers the charge on the notice to appear, or pays the applicable fine and penalties if an appearance is not required, renewal of registration of the vehicle involved in the offense may be precluded by the department. (c) A verified complaint filed pursuant to this section shall conform to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code. (d) (1) The giving by mail of a notice to appear pursuant to paragraph (1) of subdivision (a) or a notice of noncompliance pursuant to paragraph (2) of subdivision (b) shall be done in a manner prescribed by Section 22. (2) The verified complaint pursuant to paragraph (2) of subdivision (a) shall be given in a manner prescribed by Section 22. (Amended by Stats. 2010, Ch. 328, Sec. 232. (SB 1330) Effective January 1, 2011.)
  27. 40002.1.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The court clerk or magistrate may notify the department when a person fails to appear, and must immediately send a certificate copy to the person, the person’s attorney, and the department once the matter is adjudicated.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40002.1. (a) Whenever a person has failed to appear in the court designated in the notice to appear or a verified complaint specified in Section 40002, following personal service of the notice of noncompliance or deposit in the mail pursuant to Section 22, the magistrate or clerk of the court may give notice of that fact to the department. (b) Whenever the matter is adjudicated, including a dismissal of the charges upon forfeiture of bail or otherwise, the magistrate or clerk of the court hearing the matter shall immediately do all of the following: (1) Endorse a certificate to that effect. (2) Provide the person or the person’s attorney with a copy of the certificate. (3) Transmit a copy of the certificate to the department. (c) A notice of noncompliance shall not be transmitted to the department pursuant to subdivision (a) if a warrant of arrest has been issued on the same offense pursuant to subdivision (b) of Section 40002. A warrant of arrest shall not be issued pursuant to subdivision (b) of Section 40002 if a notice of noncompliance has been transmitted to the department on the same offense pursuant to this section, except that, when a notice has been received by the court pursuant to subdivision (c) of Section 4766 or recalled by motion of the court, a warrant may then be issued. (Amended by Stats. 2007, Ch. 452, Sec. 4. Effective January 1, 2008.)
  28. 40003.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If an employee is prosecuted for certain vehicle-code violations while driving an employer-owned vehicle, the court must, at the employee’s request, begin proceedings to add the owner as a codefendant. If the employee had reasonable grounds to believe there was no violation and the owner is guilty under Section 40001, the court may dismiss the employee’s charges.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40003. Whenever an employee is prosecuted for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight, registration, equipment, or loading of a vehicle while operating a vehicle he was employed to operate, and which is owned by his employer, the court shall on the request of the employee take appropriate proceedings to make the owner of the vehicle a codefendant. In the event it is found that the employee had reasonable grounds to believe that the vehicle operated by him as an employee did not violate such provisions, and in the event the owner is found guilty under the provisions of Section 40001, the court may dismiss the charges against the employee. In those cases in which the charges against the employee are dismissed, the abstract of the record of the court required by Section 1803 shall clearly indicate that such charges were dismissed and that the owner of the vehicle was found guilty under Section 40001. (Amended by Stats. 1967, Ch. 819.)
  29. 40004.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section sets time limits for starting criminal cases involving false or forged documents filed with the DMV or the California Highway Patrol.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40004. (a) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway Patrol shall, if the offense is a misdemeanor, expire one year from time of discovery of such act. (b) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway Patrol shall, if the offense is a felony, expire three years from time of discovery of such act. (c) The time allowed for commencing criminal proceedings as provided in subdivisions (a) and (b) of this section shall not extend beyond five years from the date of commission of the act. (Repealed and added by Stats. 1968, Ch. 1192.)
  30. 40005.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a driver cited for certain vehicle-code violations gives the citation to the owner or another listed person, and that person agrees to handle it but does not, leading to a warrant for the driver, the owner or other person commits a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40005. Whenever a driver is cited for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight, equipment, registration, fees, or loading of a vehicle, while operating a vehicle he was employed or otherwise directed to operate, and which is not owned by him, and the driver gives the citation to the owner or any other person referred to in Section 40001, if the owner or other person undertakes to answer the charge or otherwise to cause its disposition without any further action by the driver and then fails to act in accordance with the undertaking as a consequence of which a warrant is issued for the arrest of the driver, the owner or other person is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 294.)
  31. 40006.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a disabled vehicle is being towed on a highway to a repair shop, garage, or storage place and it violates Section 4000(a), the violation must be charged under Section 40001.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40006. Whenever a disabled vehicle, being taken to a repair shop, garage, or other place of storage, is being towed upon a highway by a tow car and the vehicle is determined to be in violation of subdivision (a) of Section 4000, the violation shall be charged as prescribed in Section 40001. (Added by Stats. 1979, Ch. 152.)
  32. 40007.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Division 5 does not stop other applicable statutes from being applied to acts that violate Division 5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40007. Division 5 (commencing with Section 11100) does not preclude the application of any other statutory provision which is applicable to any act violating any provision of Division 5. (Added by Stats. 1985, Ch. 93, Sec. 1.)
  33. 40008.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section makes certain commercial-purpose violations of specified Vehicle Code provisions misdemeanors, with jail and fine penalties.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Violation of Code [40000.1 - 40008] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40008. (a) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than six months and by a fine of not more than two thousand five hundred dollars ($2,500). (b) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose and who causes a minor child or children to be placed in a situation in which the child’s person or health is endangered, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than one year and by a fine of not more than five thousand dollars ($5,000). (c) Pursuant to Section 654 of the Penal Code, an act or omission described in subdivision (a) or (b) that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one provision bars a prosecution for the same act or omission under any other provision. (Added by Stats. 2010, Ch. 685, Sec. 3. (AB 2479) Effective January 1, 2011.)
  34. 4001.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A person who has custody of a vehicle exempt from registration fees must register it as otherwise required and display a license plate on it.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4001. All vehicles exempt from the payment of registration fees shall be registered as otherwise required by this code by the person having custody thereof, and he shall display upon the vehicle a license plate bearing distinguishing marks or symbols, which shall be furnished by the department free of charge. (Enacted by Stats. 1959, Ch. 3.)
  35. 4002.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Registration is not required for certain vehicles moved or operated under a department permit, including specific transfer, storage, repair, dismantling, inspection, weighing, and unfinished-construction situations.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4002. When moved or operated under a permit issued by the department, registration is not required of: (a) A vehicle not previously registered while being moved or operated from a dealer’s, distributor’s, or manufacturer’s place of business to a place where essential parts of the vehicle are to be altered or supplied. (b) A vehicle while being moved from a place of storage to another place of storage. (c) A vehicle while being moved to or from a garage or repair shop for the purpose of repairs or alteration. (d) A vehicle while being moved or operated for the purpose of dismantling or wrecking the same and permanently removing it from the highways. (e) A vehicle, while being moved from one place to another for the purpose of inspection by the department, assignment of a vehicle identification number, inspection of pollution control devices, or weighing the vehicle. (f) A vehicle, the construction of which has not been completed, until such time as the construction thereof is completed and final weights and costs can be determined for registration purposes. (Amended by Stats. 1977, Ch. 326.)
  36. 4003.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department may issue permits for certain vehicle trips, but not for cranes.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4003. A permit, as described in Section 9258, may be issued by the department for operating any of the following vehicles, except a crane: (a) A vehicle while being moved or operated unladen for one continuous trip from a place within this state to another place either within or without this state or from a place without this state to a place within this state. (b) A vehicle while being moved or operated for one round trip to be completed within 60 days from one place to another for the purpose of participating as a vehicular float or display in a lawful parade or exhibition, provided that the total round trip does not exceed 100 miles. The department may issue a quantity of permits under this subsection in booklet form upon payment of the proper fee for each permit contained in such booklet. Each permit shall be valid for only one vehicle and for only one continuous trip. Such permit shall be posted upon the windshield or other prominent place upon a vehicle and shall identify the vehicle to which it is affixed. When so affixed, such permit shall serve in lieu of California registration. (Amended by Stats. 1977, Ch. 326.)
  37. 4003.5.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must issue a one-trip permit to a manufacturer or dealer when the fee is paid, and the permit must be completed and carried as required.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4003.5. (a) Upon payment of the fee specified in Section 9258.5, the department shall issue to a manufacturer or dealer a one-trip permit authorizing a new trailer, semitrailer, or auxiliary dolly that has never been registered in any state, or a used trailer, semitrailer, or auxiliary dolly that is not currently registered, to be moved or operated laden within, entering, or leaving this state for not more than 10 days as part of one continuous trip from the place of manufacture for a new vehicle, or from the place of dispatch or entry into this state for a used vehicle, to a place where the vehicle will be offered for sale. (b) Any permit issued pursuant to this section authorizes the operation of a single trailer, semitrailer, or auxiliary dolly, and the permit shall identify the trailer, semitrailer, or auxiliary dolly authorized by make, model, and vehicle identification number. The permit shall include the name and license number of the manufacturer from whom the new vehicle is sent, or the name and license number of the dealer from whom the used vehicle is sent, the name and address of the person or business receiving the load, a description of the load being carried, and the name and license number of the dealer who will be offering the trailer, semitrailer, or auxiliary dolly for sale. Each permit shall be completed prior to operation of the trailer or semitrailer or auxiliary dolly on a highway. The permit shall be carried on the trailer, semitrailer, or auxiliary dolly to which it applies in an appropriate receptacle inaccessible from the inside of the cab and shall be readily available for inspection by a peace officer. Each permit is valid at the time of inspection by a peace officer only if it has been completed as required by the department and has been placed in the appropriate receptacle as required by this section. The manufacturer or dealer issued the permit may allow a third party to move or operate the vehicle. (c) The privilege of securing and displaying a permit authorized pursuant to this section shall not be extended to a manufacturer, carrier, or dealer located in a jurisdiction with which the state does not have vehicle licensing reciprocity. (d) The privilege of securing and displaying a permit authorized pursuant to this section shall not be granted more than once without the sale and registration of the trailer, semitrailer, or auxiliary dolly. (Amended by Stats. 2014, Ch. 301, Sec. 1. (AB 27) Effective January 1, 2015.)
  38. 4004.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain qualifying commercial motor vehicles may use a temporary registration or trip permit instead of regular registration, but the permit must be completed, carried in the vehicle, and available for inspection.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4004. (a) (1) Commercial motor vehicles meeting the registration requirements of a foreign jurisdiction, and subject to registration but not entitled to exemption from registration or licensing under any of the provisions of this code or any agreements, arrangements, or declarations made under Article 3 (commencing with Section 8000) of Chapter 4, may, as an alternate to registration, secure a temporary registration to operate in this state for a period of not to exceed 90 days, or a trip permit to operate in this state for a period of four consecutive days. (2) Each trip permit shall authorize the operation of a single commercial motor vehicle for a period of not more than four consecutive days, commencing with the day of first use and three consecutive days thereafter. Every permit shall identify, as the department may require, the commercial motor vehicle for which it is issued. Each trip permit shall be completed prior to operation of the commercial motor vehicle on any highway in this state and shall be carried in the commercial motor vehicle to which it applies and shall be readily available for inspection by a peace officer. Each permit shall be valid at the time of inspection by a peace officer only if it has been completed as required by the department and has been placed in the appropriate receptacle as required by this section. It is unlawful for any person to fail to comply with the provisions of this section. (b) The privilege of securing and using a trip permit or a temporary registration not to exceed 90 days shall not extend to a vehicle that is based within this state and is operated by a person having an established place of business within this state. For purposes of this paragraph, a commercial motor vehicle shall be considered to be based in this state if it is primarily operated or dispatched from or principally garaged or serviced or maintained at a site with an address within this state. (c) Any trailer or semitrailer identified in paragraph (1) of subdivision (a) of Section 5014.1 that enters the state without a currently valid license plate issued by California or another jurisdiction shall be immediately subject to full identification fees as specified in subdivision (e) of Section 5014.1. (Amended by Stats. 2011, Ch. 315, Sec. 8. (AB 28) Effective January 1, 2012.)
  39. 4004.5.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A vehicle owner covered by this chapter may file a signed county-residence statement when registering or renewing registration, and must include specified residence or business-use details. The department must provide forms and consider the reported information when counting vehicles by county.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4004.5. The owner of any motor vehicle subject to the registration provisions of this chapter, or exempted therefrom, may file with the department, at the time he registers or renews the registration of such motor vehicle, a signed statement that he resides in more than one county for a period of more than 30 days, or uses such vehicle in a county other than the county of his legal residence for business purposes. Such statement shall specify the address at which the owner resides in any county for more than 30 days, if any, or the length of time during which such owner uses the motor vehicle for business purposes in any county. The department shall provide forms for the filing of such statements and shall take into consideration the length of time during which owners reside or use motor vehicles in counties, in accordance with the statements filed with the department, to determine the total number of vehicles registered or exempted from registration in any particular county. (Added by Stats. 1967, Ch. 1485.)
  40. 4004.7.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department may issue an unladen operation permit for certain vehicles if the application, $30 fee, and proof of financial responsibility are received, and the permit lasts up to 15 continuous days.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4004.7. (a) If the apportioned registration issued under Article 4 (commencing with Section 8050) of Chapter 4 for a commercial vehicle or vehicle combination that was last registered by a California resident has expired or has been terminated, the department, upon receipt of a completed application, a fee of thirty dollars ($30), and proof of financial responsibility for the vehicle, may issue an unladen operation permit to authorize the unladen operation of that vehicle or vehicle combination for a period of not more than 15 continuous days. (b) This section does not apply to any vehicle or vehicle combination for which any vehicle registration fees, other than those for the current year, vehicle license fees, or penalties, or any combination of those are due. (c) Operation of a laden vehicle or vehicle combination under an unladen operation permit issued pursuant to this section is an infraction. (Added by Stats. 2001, Ch. 539, Sec. 9. Effective January 1, 2002.)
  41. 4005.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Vehicles subject to registration may operate in a disaster area for disaster relief if they have a special permit and are not registered.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4005. Any vehicle subject to registration may be operated within a disaster area or region for the purpose of assisting in disaster relief work, under a special permit to be issued by the department for such purpose, without the registration of such vehicle. Said permit shall be issued only if the Department of Transportation or the responsible local authority has determined that the vehicle is necessary for such purpose, and shall be valid only during a period of a state of emergency as proclaimed by the Governor under the provisions of the California Emergency Services Act. (Amended by Stats. 1974, Ch. 545.)
  42. 4006.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A vehicle used only to cross a highway from one property to another, under a Department of Transportation permit, is exempt from registration.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4006. A vehicle which is driven or moved upon a highway only for the purpose of crossing the highway from one property to another in accordance with a permit issued by the Department of Transportation is exempt from registration. (Amended by Stats. 1974, Ch. 545.)
  43. 4007.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    These agencies must create an interagency process for temporary operating authority, designate a lead agency, and let the carrier submit one application to that lead agency.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4007. The department, the Public Utilities Commission, and the State Board of Equalization shall enter into an interagency agreement to establish a coordinated system for the issuance of temporary operating authority to carriers of passengers for compensation by motor vehicles which are operating under the laws of another state or country. The agreement shall designate a lead agency from among the parties to the agreement to which the carrier may make a single application for the temporary operating authority required under the laws of this state. The lead agency shall coordinate and expedite all matters relating to issuance of the temporary operating authority and the collection and distribution of fees therefor with every other state agency having jurisdiction, so as to promptly prepare and issue the required operating authority. (Added by Stats. 1986, Ch. 510, Sec. 3.)
  44. 4009.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A vehicle being transported on a highway, with no part touching the highway, is exempt from registration.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4009. A vehicle transported upon a highway, no part of which is in contact with the highway, is exempt from registration. (Enacted by Stats. 1959, Ch. 3.)
  45. 4010.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Special construction equipment and special mobile equipment do not need to be registered.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4010. Special construction equipment and special mobile equipment are exempt from registration. (Amended by Stats. 1961, Ch. 1659.)
  46. 4012.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain cemetery-maintenance vehicles, implements, or equipment are exempt from registration if they are designed or altered for exclusive cemetery-ground use and only incidentally operated or moved on a highway.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4012. Any vehicle, implement, or equipment specifically designed or altered for and used exclusively in the maintenance or operation of cemetery grounds, which is only incidentally operated or moved on a highway is exempt from registration. (Amended by Stats. 1968, Ch. 999.)
  47. 4013.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain forklift trucks are exempt from vehicle registration if they are mainly used for loading, unloading, and stacking materials and are driven on a highway only to cross it during that process, for no more than one-quarter mile.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4013. Any forklift truck which is designed primarily for loading and unloading and for stacking materials and is operated upon a highway only for the purpose of transporting products or material across a highway in the loading, unloading or stacking process, and is in no event operated along a highway for a greater distance than one-quarter mile is exempt from registration. (Enacted by Stats. 1959, Ch. 3.)
  48. 4014.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain portable or collapsible dollies are exempt from vehicle registration.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4014. Any portable or collapsible dolly carried in a tow truck or in a truck used by an automobile dismantler and used upon a highway exclusively for towing disabled vehicles is exempt from registration. (Amended by Stats. 1988, Ch. 924, Sec. 3.)
  49. 4015.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain privately owned firefighting vehicles are exempt from registration when used on a highway only for emergency fire calls.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4015. Any privately owned vehicle designed or capable of being used for firefighting purposes when operated upon a highway only in responding to, and returning from, emergency fire calls is exempt from registration. (Amended by Stats. 1965, Ch. 1643.)
  50. 40150.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. )

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    If a vehicle is found unsafe or improperly equipped and a notice to appear or complaint is filed, the cited person may be required to show in court that the vehicle or equipment has been brought into compliance.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. ) ## 40150. Whenever any vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this code, and a notice to appear is issued or a complaint filed for such violation, the notice to appear or the complaint may require that the person to whom the notice to appear is issued or against whom the complaint is filed shall produce in court satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this code. (Amended by Stats. 1961, Ch. 1728.)
  51. 40151.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. )

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    An inspecting officer must tell the driver to remove noncompliant lighting equipment within 24 hours, or to fix equipment that meets the department’s requirements but still fails the code within 48 hours.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. ) ## 40151. (a) Whenever any lighting equipment or device does not meet requirements established by the Department of the California Highway Patrol, the officer making the inspection shall direct the driver to remove the lighting equipment or device within 24 hours. (b) Whenever any lighting equipment or device meets requirements established by the department but by reason of faulty adjustment or otherwise fails to comply with this code, the officer making the inspection shall direct the driver to make it comply with this code within 48 hours. (Amended by Stats. 1979, Ch. 723.)
  52. 40152.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. )

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    If a vehicle is found unregistered and a notice to appear or complaint is filed, the person must show proof in court of registration, payment, or junking before the court may dismiss the offense.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Procedure on Equipment and Registration Violations [40150 - 40152] ( Heading of Article 2 amended by Stats. 1980, Ch. 544, Sec. 3. ) ## 40152. (a) Whenever any vehicle or combination of vehicles is found to be not registered as required by this code, and a notice to appear is issued or a complaint is filed for that violation, the person to whom the notice to appear is issued or against whom the complaint is filed shall produce in court satisfactory evidence that the vehicle or combination of vehicles has been registered or has had the appropriate fees paid, or has been reduced to junk, to conform with the requirements of this code. The court shall not dismiss the offense until that evidence is produced. (b) A four-day, nonresident commercial trip permit of the type authorized in Section 4004 may not be accepted as evidence of registration compliance as required in subdivision (a) of this section. (Amended by Stats. 1996, Ch. 1154, Sec. 83. Effective September 30, 1996.)
  53. 4016.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Unregistered vehicles may be left standing on a highway next to a vehicle dealer’s business when they are being loaded or unloaded for the dealer’s business, unless another law forbids it.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4016. Notwithstanding the provisions of Section 4000, unregistered vehicles may be left standing upon a highway adjacent to a vehicle dealer’s place of business when done so in connection with the loading and unloading of vehicles to be used in the dealer’s business, unless otherwise prohibited by law. (Added by Stats. 1959, Ch. 1233.)
  54. 4017.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Section 4000 does not apply to moving or operating a vehicle while a registration application can be made without penalty under Section 4152.5.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4017. The provisions of Section 4000 shall not apply to the moving or operating of a vehicle during the period of time in which application may be made for registration of the vehicle without penalty as provided in Section 4152.5. (Amended by Stats. 1974, Ch. 1330.)
  55. 4018.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    Logging vehicles are exempt from registration.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4018. Any logging vehicle is exempt from registration. (Added by Stats. 1975, Ch. 517.)
  56. 4019.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A golf cart operated under Section 21115 does not have to be registered.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4019. A golf cart operated pursuant to Section 21115 is exempt from registration. (Added by Stats. 1968, Ch. 1303.)
  57. 4020.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A motorized bicycle operated on a highway is exempt from registration.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4020. A motorized bicycle operated upon a highway is exempt from registration. (Added by Stats. 1975, Ch. 987.)
  58. 40200.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

    Verify source ↗

    Parking-rule violations that are not misdemeanors can trigger civil penalties; the registered owner and the driver, rentee, or lessee may be jointly liable, and an owner who pays can seek recovery from the driver, rentee, or lessee.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200. (a) Any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by local authorities is subject to a civil penalty. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in this article. (b) Except as provided in Section 40209, the registered owner and driver, rentee, or lessee of a vehicle cited for any violation of any regulation governing the parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by a local authority shall be jointly liable for parking penalties imposed under this article, unless the owner can show that the vehicle was used without consent of that person, express or implied. An owner who pays any parking penalty, civil judgment, costs, or administrative fees pursuant to this article shall have the right to recover the same from the driver, rentee, or lessee. (c) The driver of a vehicle who is not the owner thereof but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the agent of the owner to receive notices of parking violations served in accordance with this article and may contest the notice of violation. (Amended by Stats. 1993, Ch. 1093, Sec. 3. Effective January 1, 1994.)
  59. 40200.1.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

    Verify source ↗

    A person cannot be subjected to both a parking violation notice and a notice to appear for the same violation.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.1. A person shall not be subject to both a notice of parking violation and a notice to appear for the same violation. (Added by Stats. 2009, Ch. 415, Sec. 5. (AB 144) Effective January 1, 2010.)
  60. 40200.3.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

    Verify source ↗

    Parking penalties collected by the processing agency must be deposited to the issuing agency’s account, with stated exceptions, and the processing agency must prepare and distribute an annual report.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.3. (a) All parking penalties collected by the processing agency, which may be the issuing agency, including process service fees and fees and collection costs related to civil debt collection, shall be deposited to the account of the issuing agency, except that those sums attributable to the issuance of a notice of parking violation by a peace officer of the Department of the California Highway Patrol shall be deposited in the account in the jurisdiction where the violation occurred, and except those sums payable to a county pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code and that portion of any parking penalty which is attributable to an increase in the parking bail amount effective between September 16, 1988, and July 1, 1992, inclusive, pursuant to Section 1463.28 of the Penal Code. Those funds attributable to this increase in bail shall be transferred to the county treasurer and deposited in the general fund. Any increase in parking penalties effective after July 1, 1992, shall accrue to the benefit of the issuing agency. (b) The processing agency shall prepare a report at the end of each fiscal year setting forth the number of cases processed, and all sums received and distributed, together with any other information that may be required by the issuing agency or the Controller. This report is a public record and shall be delivered to each issuing agency. Copies shall be made available, upon request, to the county auditor, the Controller, and the grand jury. (Amended by Stats. 1996, Ch. 305, Sec. 72. Effective January 1, 1997.)
  61. 40200.4.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    The processing agency must deposit parking-violation funds with the county treasurer within 45 calendar days after the month the parking penalty was received.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.4. (a) The processing agency shall deposit with the county treasurer all sums due the county as the result of processing a parking violation not later than 45 calendar days after the last day of the month in which the parking penalty was received. (b) Except as provided in subdivisions (c) and (d), if a court within a county has been processing notices of parking violations and notices of delinquent parking violations for a city, a district, or any other issuing agency, the issuing agency and the county shall provide in an agreement for the orderly transfer of the processing activity as soon as possible but not later than January 1, 1994. The agreement shall permit the court to phase out, and the issuing agency to phase in, or transfer, personnel, equipment, and facilities that may have been acquired or need to be acquired in contemplation of a long-term commitment to processing of notices of parking violations and notices of delinquent parking violations for the issuing agency under this article. The court shall transfer the processing function for parking citations issued by the Department of the California Highway Patrol to the processing agency in the city or county where the violation occurred. (c) If Contra Costa County or San Mateo County, or a court in either county, had a contract in effect on January 1, 1992, to process notices of parking violations and notices of delinquent parking violations for a city, district, or other issuing agency within the particular county or counties, the county may continue to provide those services to the issuing agencies pursuant to the terms of the contract and any amendments thereto, to and including June 30, 1996, after which Section 40200.5 shall govern any contracts entered into for these services. (d) San Francisco Municipal Court employees engaged in processing notices of parking violations and the positions of those employees shall be transferred to equivalent civil service positions in the City and County of San Francisco. (e) No court employee shall be terminated or otherwise released from employment as a result of the transfer of processing notices of parking violations and notices of delinquent parking violations from the courts to the issuing agencies. (f) As used in this article, “parking penalty” includes the fine authorized by law, including assessments authorized by this article, any late payment penalty, and costs of collection as provided by law. (Amended by Stats. 1996, Ch. 305, Sec. 73. Effective January 1, 1997.)
  62. 40200.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

    Verify source ↗

    An issuing agency may contract for parking-violation processing with specified local agencies or a private vendor, and some contracts must use monthly distributions and avoid incentive-based fees.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.5. (a) Except as provided in subdivision (c) of Section 40200.4, an issuing agency may elect to contract with the county, with a private vendor, or with any other city or county processing agency, other than the Department of the California Highway Patrol or other state law enforcement agency, within the county, with the consent of that other entity, for the processing of notices of parking violations and notices of delinquent parking violations, prior to filing with the court pursuant to Section 40230. If an issuing agency contracts with a private vendor for processing services, it shall give special consideration to minority business enterprise participation in providing those services. For purposes of this subdivision, “special consideration” has the same meaning as specified in subdivision (c) of Section 14838 of the Government Code, as it relates to small business preference. (b) A contract entered pursuant to subdivision (a) shall provide for monthly distribution of amounts collected between the parties, except those amounts payable to a county pursuant to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code and amounts payable to the Department of Motor Vehicles pursuant to Section 4763 of this code. (c) If a contract entered into pursuant to subdivision (a) includes the provision of qualified examiners or administrative hearing providers, the contract shall be based on either a fixed monthly rate or on the number of notices processed and shall not include incentives for the processing entity based on the number of notices upheld or denied or the amount of fines collected. (Amended by Stats. 2008, Ch. 13, Sec. 1. Effective January 1, 2009.)
  63. 40200.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    The issuing agency must set up and oversee written procedures for parking-violation processing, and the governing body must adopt written policies for the contracting party’s services.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.6. (a) If a contract is entered into pursuant to Section 40200.5, for the purposes of this article, “processing agency” means the contracting party responsible for the processing of the notices of parking violations and notices of delinquent parking violations. (b) The governing body of the issuing agency shall establish written policies and procedures pursuant to which the contracting party shall provide services. (c) The issuing agency shall be responsible for all actions taken by contracting parties and shall exercise effective oversight over the parties. “Effective oversight” includes, at a minimum, an annual review of the services of the processing agency and a review of complaints made by motorists using the services of the processing agency. The issuing agency shall establish procedures to investigate and resolve complaints by motorists about any processing agency. (d) Subdivision (c) does not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency. (Amended by Stats. 1995, Ch. 734, Sec. 5. Effective January 1, 1996.)
  64. 40200.8.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A parking processing agency must notify the department and cancel any vehicle registration hold it filed when certain citation outcomes occur.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40200.8. The parking processing agency shall notify the department and recall any hold on the registration of a vehicle that it filed with the department in connection with a parking citation if the processing agency is awarded a civil judgment for the citation pursuant to subdivision (b) or (c) of Section 40220, or if the processing agency has granted a review of the issuance of the citation pursuant to Section 40200.7 or Section 40215. (Added by Stats. 1995, Ch. 766, Sec. 41. Effective January 1, 1996.)
  65. 40202.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

    Verify source ↗

    This section sets procedures for parking citations, including how notices must be attached, what information they must contain, when copies must be mailed, and when a notice may be canceled.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40202. (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein. (b) The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person. (c) Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), the officer shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officer’s department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor. (d) If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner. (e) If, within 21 days after the notice of parking violation is attached to the vehicle, the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. If, after a copy of the notice of parking violation is attached to the vehicle, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing, on a form attached to the original notice, the necessary correction to allow for the timely entry of the notice on the processing agency’s data system. A copy of the correction shall be mailed to the registered owner of the vehicle. (f) Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation. (Amended by Stats. 1998, Ch. 885, Sec. 3. Effective January 1, 1999.)
  66. 40203.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A parking violation notice must be accompanied by specified payment and contest information.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40203. The notice of parking violation shall be accompanied by a written notice of the amount of the parking penalty due for that violation, the address of the person authorized to receive a deposit of the parking penalty, a statement in bold print that payments of the parking penalty for the parking violation may be sent through the mail, and instructions on obtaining information on the procedures to contest the notice of parking violation. (Amended by Stats. 1995, Ch. 734, Sec. 8. Effective January 1, 1996.)
  67. 40203.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    This section sets how parking penalties are established and allows some flexibility in collecting or reducing certain penalties.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40203.5. (a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties. (b) Parking penalties under this article shall be collected as civil penalties. (c) (1) Notwithstanding subdivision (a) the penalty for a violation of Section 22507.8 or an ordinance or resolution adopted pursuant to Section 22511.57 shall be not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). (2) The issuing agency may suspend the imposition of the penalty in paragraph (1), if the violator, at the time of the offense, possesses but failed to display a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59. (3) A penalty imposed pursuant to this subdivision may be paid in installments if the issuing agency determines that the violator is unable to pay the entire amount in one payment. (Amended by Stats. 2009, Ch. 415, Sec. 6. (AB 144) Effective January 1, 2010.)
  68. 40203.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A local governing body must impose an extra assessment equal to 10% of the penalty for certain listed civil parking violations, and the assessment must be deposited with the city or county where the violation occurred.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40203.6. (a) In addition to an assessment levied pursuant to any other law, an additional assessment equal to 10 percent of the penalty established pursuant to Section 40203.5 shall be imposed by the governing body of the jurisdiction where the notice of parking violation is issued for a civil violation of any of the following: (1) Subdivisions (b), (c), and (d) of Section 4461. (2) Subdivision (c) of Section 4463. (3) Section 22507.8. (4) An ordinance or resolution adopted pursuant to Section 22511.57. (5) Section 22522. (b) An assessment imposed pursuant to this section shall be deposited with the city or county where the violation occurred. (Added by Stats. 2009, Ch. 415, Sec. 7. (AB 144) Effective January 1, 2010.)
  69. 40204.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    If a parking penalty is paid and the violation is uncontested, the proceedings end. The issuing agency may let a violator pay in installments if the agency is satisfied the violator cannot pay in full and the agency follows its written guidelines.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40204. (a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate. (b) The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. (Amended by Stats. 2015, Ch. 112, Sec. 1. (AB 1151) Effective January 1, 2016.)
  70. 40205.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    If a person contests a parking violation, the processing agency must handle it under Section 40215.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40205. If a person contests the parking violation, the processing agency shall proceed in accordance with Section 40215. (Amended by Stats. 1992, Ch. 1244, Sec. 18. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.)
  71. 40206.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    If parking penalty payment is not received by the deadline on the parking violation notice, the processing agency must send the registered owner a delinquent parking violation notice.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40206. (a) If the payment of the parking penalty is not received by the person authorized to receive a deposit of the parking penalty by the date fixed on the notice of parking violation under Section 40202, the processing agency shall deliver to the registered owner a notice of delinquent parking violation. (b) Delivery of a notice of delinquent parking violation under this section may be made by personal service or by first-class mail addressed to the registered owner, as shown on records of the Department of Motor Vehicles. (Amended by Stats. 1992, Ch. 1244, Sec. 19. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.)
  72. 40206.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    On request, the processing agency must provide a copy of a delinquent parking violation notice within 15 days, and the issuing agency may charge up to $2 for the copy.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40206.5. (a) Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of delinquent parking violation, or his or her agent, a photostatic copy of the original notice of parking violation or an electronically produced facsimile of the original notice of parking violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Until the issuing agency complies with a request for a copy of the original notice of parking violation, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, Section 22651.7, or Section 40220. (b) If the description of the vehicle on the notice of parking violation does not substantially match the corresponding information on the registration card for that vehicle and the processing agency is satisfied that the vehicle has not been incorrectly described due to the intentional switching of license plates, the processing agency shall, on written request of the person cancel the notice of parking violation without the necessity of an appearance by that person. (c) For purposes of this section, a copy of the notice of parking violation may be a photostatic copy or an electronically produced facsimile. (Amended by Stats. 1993, Ch. 1093, Sec. 9. Effective January 1, 1994.)
  73. 40207.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A delinquent parking violation notice must include specific information and warn the registered owner about payment, contesting, or filing an affidavit within the stated time limits.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40207. (a) The notice of delinquent parking violation shall contain the information specified in subdivision (a) of Section 40202 or subdivision (a) of Section 40248, as applicable, and Section 40203, and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the parking penalty or contests the citation within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation or completes and files an affidavit of nonliability that complies with Section 40208 or 40209, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent parking violation. If the registered owner, by appearance or by mail, makes payment to the processing agency within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. Additional fees, assessments, or other charges shall not be added. (b) This section shall become operative on January 1, 2016. (Amended (as amended by Stats. 2010, Ch. 471, Sec. 2) by Stats. 2011, Ch. 325, Sec. 2. (AB 1041) Effective January 1, 2012. Section operative January 1, 2016, by its own provisions.)
  74. 40208.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A notice of delinquent parking violation must include, or be accompanied by, an affidavit of nonliability, an explanation of nonliability, the effect of signing the affidavit, and instructions for returning it to the issuing agency.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40208. The notice of delinquent parking violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency. (Added by Stats. 1986, Ch. 939, Sec. 15.)
  75. 40209.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    If a nonliability affidavit is returned on time with the required lease or rental proof, the processing agency must mail or serve a delinquent parking violation notice to the listed rentee or lessee. If payment still is not received by the stated deadline, the agency may proceed against the rentee or lessee under Section 40220.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40209. If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of delinquent parking violation together with the proof of a written lease or rental agreement between a bona fide rental or leasing company, and its customer which identifies the rentee or lessee and provides the driver’s license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking violation. If payment is not received within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, the processing agency may proceed against the rentee or lessee pursuant to Section 40220. (Amended by Stats. 1996, Ch. 1156, Sec. 8. Effective January 1, 1997.)
  76. 4021.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain aircraft-refueling vehicles at a public airport are exempt from vehicle registration if they meet the stated highway-use limits.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4021. Any vehicle that is designed or altered for, and used exclusively for, the refueling of aircraft at a public airport is exempt from registration, if the vehicle is operated upon a highway under the control of a local authority for a continuous distance not exceeding one-half mile each way to and from a bulk fuel storage facility. (Amended by Stats. 1996, Ch. 1154, Sec. 57. Effective September 30, 1996.)
  77. 40210.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    The processing agency must verify ownership-transfer compliance, cancel the delinquent parking notice in some cases, and tell the registered owner to pay or contest unless evidence is delivered within 15 days.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40210. (a) If the affidavit of nonliability is returned and indicates that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession of the vehicle to the purchaser prior to the date of the alleged violation, the processing agency shall obtain verification from the department that the registered owner has complied with Section 5602. (b) If the registered owner has complied with Section 5602, the processing agency shall cancel the notice of delinquent parking violation or violations with respect to the registered owner. (c) If the registered owner has not complied with Section 5602, the processing agency shall inform the registered owner that the citation shall be paid in full or contested pursuant to Section 40215 unless the registered owner delivers evidence within 15 days of the notice that establishes that the transfer of ownership and possession of the vehicle occurred prior to the date of the alleged violation. If the registered owner does not comply with this notice, the processing agency shall proceed pursuant to Section 40220. If the registered owner delivers the evidence within 15 days of the notice, the processing agency shall cancel the notice of delinquent parking violation or violations with respect to the registered owner. (d) For purposes of subdivision (c), evidence sufficient to establish that the transfer of ownership and possession occurred prior to the date of the alleged violation or violations shall include, but is not limited to, a copy of the executed agreement showing the date of the transfer of vehicle ownership. (e) This section does not limit or impair the ability or the right of the processing agency to pursue the collection of delinquent parking penalties from the person having ownership and possession of the vehicle on the date the alleged violation occurred. (Amended by Stats. 2008, Ch. 741, Sec. 3. Effective January 1, 2009.)
  78. 40211.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    When certain parking penalties are paid, the processing agency must provide specified records, check filing or judgment status, and in some cases terminate the proceedings.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40211. (a) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent parking violation pursuant to Section 40206 or Section 40209, or any other person who presents the notice of parking violation or notice of delinquent parking violation after the notice of delinquent parking violation has been issued for delivery under Section 40206, deposits the parking penalty with a person authorized to receive it, the processing agency shall do both of the following: (1) Deliver a copy of one of the following: the notice of delinquent parking violation issued under Section 40206; a true and correct abstract containing the information set forth in the notice of parking violation if the citation was issued electronically; or an electronically reproduced listing of the citation information presented in a notice of delinquent parking violation to the person and record the name, address, and driver’s license number of the person actually given the copy in the records of the issuing agency. For the purposes of this paragraph, a copy of the notice of delinquent parking violation may be a photostatic copy. (2) Determine whether the notice of delinquent parking violation has been filed with the department pursuant to subdivision (b) of Section 40220 or a civil judgment has been entered pursuant to Section 40220. (b) If the notice of delinquent parking violation has not been filed with the department or judgment entered and payment of the parking penalty, including any applicable assessments, is received, the proceedings under this article shall terminate. (c) If the notice of delinquent parking violation has been filed with the department, has been returned under subdivision (b) or (c) of Section 4760 or Section 4764, and payment of the parking penalty together with the administrative service fee of the processing agency for costs of service and any applicable assessments is received, the proceedings under this article shall terminate. (d) If the notice of delinquent parking violation has been filed with the department and has not been returned under Section 4760, 4762, and 4764, and payment of the parking penalty for, and any applicable costs of, service in connection with civil debt collection, is received by the processing agency, the processing agency shall do all of the following: (1) Deliver a certificate of payment to the registered owner, the agent, the lessee, or the rentee or other person making the payment. (2) Immediately transmit the payment information to the department in the manner prescribed by the department. (3) Terminate proceedings on the notice of delinquent parking violation. (4) Transmit for deposit all parking penalties and assessments in accordance with law. (Amended by Stats. 1995, Ch. 734, Sec. 13. Effective January 1, 1996.)
  79. 40215.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    This section lets a person seek an initial review of a parking violation, then an administrative hearing if still dissatisfied, and sets timing, payment, and hearing rules.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40215. (a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall not be a charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. (b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person who is indigent, as defined in Section 40220, to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. (c) The administrative hearing process shall include all of the following: (1) The person requesting a hearing shall have the choice of a hearing by mail, in person, or, if offered by the issuing agency, by telephone or electronic means. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, in-person hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency. (2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult. (3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. (4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation, collection, or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. (B) (i) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. (ii) Training may be provided through any of the following: (I) An accredited college or university. (II) A program conducted by the Commission on Peace Officer Standards and Training. (III) American Arbitration Association or a similar established organization. (IV) Through a program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the issuing agency. (iii) Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. (iv) Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of the training requirements described in clause (i) may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in clause (ii) that the individual attended within the last five years. (5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy of the notice and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. (6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial. (7) The examiner or the issuing agency may, at any time, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment or allow for a reduction or waiver of the parking penalty if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of either an inability to pay the parking penalty in full, or any other extenuating circumstances relevant to payment of the parking penalty, including, but not limited to, documented homelessness status and financial hardship. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency. (Amended by Stats. 2025, Ch. 346, Sec. 1. (AB 1299) Effective January 1, 2026.)
  80. 4022.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A repossessed vehicle is exempt from registration only while it is being moved to the repossessor’s storage facility, the legal owner, or a licensed motor vehicle auction, if the repossessor carries the repossession papers and shows them to law enforcement on request.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4022. A vehicle repossessed pursuant to the terms of a security agreement is exempt from registration solely for the purpose of transporting the vehicle from the point of repossession to the storage facilities of the repossessor, and from the storage facilities to the legal owner or a licensed motor vehicle auction, provided that the repossessor transports with the vehicle the appropriate documents authorizing the repossession and makes them available to a law enforcement officer on request. (Added by Stats. 1995, Ch. 505, Sec. 38. Effective January 1, 1996.)
  81. 40220.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    This section lets a processing agency collect unpaid parking penalties through specific filing and court-collection routes, but adds payment-plan protections and limits for indigent persons.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40220. (a) Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to collect an unpaid parking penalty and related service fees: (1) (A) File an itemization of unpaid parking penalties and related service fees with the department for collection with the registration of the vehicle pursuant to Section 4760. For unpaid parking penalties issued on and after July 1, 2018, and related service fees, the processing agency shall not file an itemization with the department unless all of the following conditions have been satisfied: (i) The processing agency provides a payment plan option for indigent persons that, at a minimum, does all of the following: (I) Allows payment of unpaid parking penalties and related service fees in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are five hundred dollars ($500) or less. The amount of late fees and penalty assessments waived pursuant to subclause (II) shall not be counted in calculating that total amount of five hundred dollars ($500) or less. Unpaid parking penalties and fees shall be paid off within 24 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring. (II) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code, if an indigent person enrolls in the payment plan. Waived late fees and penalty assessments may be reinstated if the person falls out of compliance with the payment plan. (III) Limits the processing fee to participate in a payment plan to five dollars ($5) or less for indigent persons. The processing fee for an indigent person may be added to the payment plan amount, at the discretion of the indigent person. If a processing agency offers a payment plan option to persons who are not indigent, limits the processing fee to participate in the payment plan to twenty-five dollars ($25) or less. (IV) Allows a person to file a request to participate in a payment plan at any time. (ii) The processing agency includes the information described in subclauses (I) and (II) in the notice of parking violation, and includes both in the notice of parking violation and on its public internet website, a web page link and telephone number to more information on the payment program. Each processing agency shall ensure that the linked internet web page is readily accessible in a prominent location on the parking citation payment section of the agency’s internet website and includes all of the following information: (I) The availability of an installment payment plan and the timeframe in which to apply. (II) The person’s right to request an indigency determination and the timeframe in which the person must apply. (III) Clear language about how the person can request an indigency determination and what that determination will entail. (IV) Documents needed by the processing agency to make an indigency determination. (iii) The person fails to enroll in the payment plan within the time specified in the notice or is not eligible for the payment plan because the person is not indigent. (B) The processing agency shall allow a person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan becomes delinquent to resume payments before the processing agency files an itemization of unpaid parking penalties and related service fees with the department pursuant to subparagraph (A). (C) The processing agency shall rescind the filing of an itemization of unpaid parking penalties and related service fees with the department for an indigent person, for one time only, if the registered owner or lessee enrolls in a payment plan and pays a late fee of no more than five dollars ($5). (D) (i) Each California State University and community college district governing board shall adopt a parking citation payment plan for persons with multiple unpaid parking citations. A parking citation payment policy adopted under this subparagraph shall include, but not be limited to, all of the following requirements: (I) Late fees shall be placed in abeyance while the payment plan is in place and the person adheres to its terms, and shall be waived once the payment plan is completed. (II) Once the payment plan is in place and the person adheres to its terms, an itemization of unpaid parking penalties and service fees as described in subparagraph (A) shall not be filed with the department. (III) Each California State University and community college district campus shall post the parking citation payment policy on its internet website for students’ awareness and access. (ii) A California State University or community college district governing board that fails to implement a parking citation payment plan pursuant to clause (i) shall implement the payment plan as provided in subparagraphs (A) to (C), inclusive, and subdivision (c). (2) (A) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, proof thereof may be filed with the court and shall have the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debtor. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 21 calendar days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against their assets, liens may be placed against their property, their wages may be garnished, and other steps may be taken to satisfy the judgment. If a judgment is rendered for the processing agency, the processing agency may contract with a collection agency to collect the amount of the judgment. (B) Notwithstanding any other law, the processing agency shall pay the established first paper civil filing fee at the time an entry of civil judgment is requested. (3) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the citation has not been collected by the department pursuant to Section 4760, file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in paragraph (2). (b) This section does not apply to a registered owner of a vehicle if the citation was issued prior to the registered owner taking possession of the vehicle, and the department has notified the processing agency pursuant to Section 4764. (c) (1) For purposes of paragraph (1) of subdivision (a), a person is “indigent” if any of the following conditions is met: (A) The person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code. (B) The person receives public benefits from a program listed in subdivision (a) of Section 68632 of the Government Code. (2) The person may demonstrate that the person is indigent by providing either of the following information, as applicable: (A) Proof of income from a pay stub or another form of proof of earnings, such as a bank statement, that shows that the person meets the income criteria set forth in subdivision (b) of Section 68632 of the Government Code, subject to review and approval by the processing agency or its designee. The processing agency or its designee shall not unreasonably withhold its approval. (B) Proof of receipt of benefits under the programs described in subparagraph (B) of paragraph (1), including, but not limited to, an electronic benefits transfer card or another card, subject to review and approval by the processing agency. The processing agency or its designee shall not unreasonably withhold its approval. (3) If a defendant’s indigent status is found to have been willfully fraudulent, the defendant’s penalties and fees reduction shall be overturned and the full amount of penalties and fees shall be restored. (Amended by Stats. 2025, Ch. 346, Sec. 2. (AB 1299) Effective January 1, 2026.)
  82. 40220.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A processing agency must offer qualifying indigent persons a payment plan for certain unpaid parking penalties and related service fees, and may use Section 4760 collection only if it provides that program.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40220.5. (a) (1) A processing agency may only use the process set forth in Section 4760 to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, if the processing agency provides indigent persons with the payment plan program described in this section. (2) A processing agency shall not be required to comply with this section to collect unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to the process set forth in Section 4760 for a person who does not file an application for an indigency determination, a person who falls out of compliance with a payment plan, except as set forth in subdivision (d), or a person who the processing agency has determined is not an indigent person. (b) A processing agency shall provide notice on its internet website of a person’s ability to request an indigency determination to qualify for a payment plan pursuant to this section. The notice shall include all of the following information: (1) The availability of a payment plan for indigent persons to pay parking penalties that were issued before July 1, 2018, and related service fees. (2) Clear language about how a person can request an indigency determination and what that determination will entail. (3) Documents needed by the processing agency to make an indigency determination. (c) A processing agency shall provide an indigent person an opportunity to pay unpaid parking penalties that were issued before July 1, 2018, and related service fees, pursuant to a payment plan that, at a minimum, does all of the following: (1) Allows payment of unpaid parking penalties that were issued before July 1, 2018, and related service fees, in monthly installments of no more than twenty-five dollars ($25) for total amounts due that are three hundred dollars ($300) or less. The amount of late fees and penalty assessments waived pursuant to paragraph (2) shall not be counted in calculating that total amount of three hundred dollars ($300) or less. Unpaid parking penalties and related service fees shall be paid off within 18 months. There shall be no prepayment penalty for paying off the balance prior to the payment period expiring. (2) Waives all late fees and penalty assessments, exclusive of any state surcharges described in Sections 70372, 76000, and 76000.3 of the Government Code. Waived late fees and penalty assessments may be reinstated if the indigent person falls out of compliance with the payment plan. (3) Limits the processing fee to participate in a payment plan to five dollars ($5) or less. The processing fee may be added to the payment plan amount, at the discretion of the indigent person. (d) A processing agency shall allow an indigent person who falls out of compliance with the payment plan a one-time extension of 45 calendar days from the date the payment plan became delinquent to resume payment. (e) A processing agency shall rescind the collection of unpaid parking penalties that were issued before July 1, 2018, and related service fees, with the department pursuant to the process set forth in Section 4760 for an indigent person, if the indigent person enrolls in a payment plan pursuant to this section. (f) “Indigent” shall have the same meaning as set forth in subdivision (c) of Section 40220. (g) This section shall remain in effect until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2019, Ch. 495, Sec. 2. (AB 833) Effective October 3, 2019. Repealed as of January 1, 2027, by its own provisions.)
  83. 40221.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    The processing agency must not file a civil judgment for a parking violation unless it has determined the vehicle registration was not renewed for 60 days after the renewal date and the citation has not been collected by the department under Section 4760.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40221. The processing agency shall not file a civil judgment with the court relating to a parking violation which has been filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the citation has not been collected by the department pursuant to Section 4760. (Amended by Stats. 1992, Ch. 1244, Sec. 28. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.)
  84. 40222.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    The processing agency must end proceedings on a delinquent parking violation notice when any listed condition is met.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40222. The processing agency shall terminate proceedings on a notice of a delinquent parking violation or violations in all of the following cases: (a) Upon receipt of collected penalties and administrative fees remitted by the department under Section 4762 for that notice of delinquent parking violation or violations. The termination under this subdivision is by satisfaction of the parking penalty or penalties. (b) If the notice of a delinquent parking violation or violations was returned to the processing agency pursuant to Section 4764 and five years have elapsed since the date of the last violation. The termination under this subdivision is by the running of a statute of limitation of proceedings. (c) The processing agency receives information, that it shall verify with the department, that the penalty or penalties have been paid to the department pursuant to Section 4762. (d) (1) If the registered owner of the vehicle provides proof to the processing agency that he or she was not the registered owner on the date of the violation. (2) This subdivision does not limit or impair the ability or the right of the processing agency to pursue the collection of a delinquent parking violation or violations from the person who was the registered owner or lessee of the vehicle on the date of the violation. (Amended by Stats. 2008, Ch. 741, Sec. 5. Effective January 1, 2009.)
  85. 40224.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A civil action deadline for certain parking violations is paused when a notice of delinquent parking violation is filed, and stays paused until the notice is returned or recalled.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40224. The time limitation provided by law for commencement of a civil action for a violation specified in Section 40200 shall be tolled from and after the date a notice of delinquent parking violation is filed with the department pursuant to subdivision (b) of Section 40220 until the notice is returned to the processing agency under subdivision (b) of Section 4760 or Section 4762 or 4764 or is recalled by the processing agency pursuant to subdivision (d) of Section 40211. (Amended by Stats. 1995, Ch. 734, Sec. 17. Effective January 1, 1996.)
  86. 40225.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    This section sets how certain parking-related equipment and registration violations are processed, limits when citations may be issued, and sets penalty amounts and penalty sharing rules.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40225. (a) An equipment violation entered on the notice of parking violation attached to the vehicle under Section 40203 shall be processed in accordance with this article. All of the violations entered on the notice of parking violation shall be noticed in the notice of delinquent parking violation delivered pursuant to Section 40206, together with the amount of civil penalty. (b) (1) Whether or not a vehicle is in violation of any regulation governing the standing or parking of a vehicle but is in violation of subdivision (a) of Section 5204, a person authorized to enforce parking laws and regulations shall verify, using available Department of Motor Vehicle records, that no current registration exists for that vehicle. A citation shall not be issued for failure to comply with subdivision (a) of Section 5204 against any vehicle that has a current registration on file with the department. If the person authorized to enforce parking laws and regulations does not have immediate access to those records, a citation shall not be issued for failure to comply with subdivision (a) of Section 5204. A person authorized to enforce parking laws and regulations shall issue a written notice of parking violation for a vehicle that does not have a tab or a verified current registration, setting forth the alleged violation. The violation shall be processed pursuant to this section. (2) Commencing on July 1, 2024, a violation of paragraph (1) shall not be the basis for any enforcement action before the second month after the month of expiration of the vehicle’s registration. This paragraph shall become inoperative on January 1, 2030. (c) The civil penalty for each equipment violation, including failure to properly display a license plate, is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10). The reduction provided for in this subdivision involving failure to properly display license plates shall only apply if, at the time of the violation, valid license plates were issued for that vehicle in accordance with this code. The civil penalty for each violation of Section 5204 is the amount established for the violation in the Uniform Bail and Penalty Schedule, as adopted by the Judicial Council, except that upon proof of the correction to the processing agency, the penalty shall be reduced to ten dollars ($10). (d) Fifty percent of any penalty collected pursuant to this section for registration or equipment violations by a processing agency shall be paid to the county for remittance to the State Treasurer and the remaining 50 percent shall be retained by the issuing agency and processing agency subject to the terms of the contract described in Section 40200.5. (e) Subdivisions (a) and (b) do not preclude the recording of a violation of subdivision (a) or (b) of Section 4000 on a notice of parking violation or the adjudication of that violation under the civil process set forth in this article. (Amended by Stats. 2023, Ch. 297, Sec. 3. (AB 256) Effective January 1, 2024.)
  87. 40226.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    An issuing agency may charge up to $25 as an administrative fee instead of collecting a fine for a citation for failing to display a disabled placard, if the cited person can prove a valid placard was issued when the citation was received.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40226. An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed twenty-five dollars ($25) to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was received. (Added by Stats. 2002, Ch. 640, Sec. 5. Effective January 1, 2003.)
  88. 4023.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A low-speed vehicle operated under Section 21115 or 21115.1 does not have to be registered.

    ## Vehicle Code - VEH ## DIVISION 3. REGISTRATION OF VEHICLES AND CERTIFICATES OF TITLE [4000 - 9808] ( Division 3 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Original and Renewal of Registration; Issuance of Certificates of Title [4000 - 5506] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Vehicles Subject to Registration [4000 - 4023] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 4023. A low-speed vehicle operated pursuant to Section 21115 or 21115.1 is exempt from registration. (Added by Stats. 1999, Ch. 140, Sec. 2. Effective January 1, 2000.)
  89. 40230.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. )

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    A contestant may appeal a parking violation decision to superior court within 30 calendar days, must serve the notice on the processing agency, and the court and agency have specific fee, file, notice, refund, and collection duties.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Procedure on Parking Violations [40200 - 40230] ( Article 3 added by Stats. 1986, Ch. 939, Sec. 15. ) ## 40230. (a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek review by filing an appeal to be heard by the superior court where the same shall be heard de novo, except that the contents of the processing agency’s file in the case shall be received in evidence. A copy of the notice of parking violation or, if the citation was issued electronically, a true and correct abstract containing the information set forth in the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 30-calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case. (b) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall request that the processing agency’s file on the case be forwarded to the court, to be received within 15 calendar days of the request. The court shall notify the contestant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the processing agency. Any deposit of parking penalty shall be refunded by the processing agency in accordance with the judgment of the court. (c) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (d) If no notice of appeal of the processing agency’s decision is filed within the period set forth in subdivision (a), the decision shall be deemed final. (e) If the parking penalty has not been deposited and the decision is against the contestant, the processing agency shall, after the decision becomes final, proceed to collect the penalty pursuant to Section 40220. (Amended by Stats. 2007, Ch. 738, Sec. 43. Effective January 1, 2008.)
  90. 40240.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.5. Procedure on Video Imaging of Parking Violations Occurring in Transit-Only Lanes [40240 - 40241] ( Article 3.5 added by Stats. 2007, Ch. 377, Sec. 3. )

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    A public transit operator using an automated enforcement system for parking violations in transit-only lanes or transit stops must submit an evaluation report to specified legislative committees by January 1, 2025, unless the section does not apply to the City and County of San Francisco.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.5. Procedure on Video Imaging of Parking Violations Occurring in Transit-Only Lanes [40240 - 40241] ( Article 3.5 added by Stats. 2007, Ch. 377, Sec. 3. ) ## 40240.5. (a) A public transit operator, including the Alameda-Contra Costa Transit District, that implements an automated enforcement system to enforce parking violations occurring in transit-only traffic lanes and at transit stops pursuant to this article, shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, impact on traffic outcomes, cost to implement, change in citations issued, and generation of revenue, no later than January 1, 2025. This section shall not apply to the City and County of San Francisco. (b) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Repealed and added by Stats. 2021, Ch. 709, Sec. 4. (AB 917) Effective January 1, 2022.)
  91. 40245.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. )

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    Local agencies may use forward-facing parking control devices for bicycle-lane parking violations, but must limit capture, follow notice and retention rules, and keep the photographic records confidential.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. ) ## 40245. (a) A local agency may install automated forward facing parking control devices on city-owned or district-owned parking enforcement vehicles for the purpose of taking photographs of parking violations occurring in bicycle lanes, as described in Section 21207. The devices shall be angled and focused so as to only capture photographs of parking violations and not capture identifying images of other drivers, vehicles, and pedestrians. The devices shall record the date and time of the violation at the same time as the photographs are captured. A local agency may only install forward facing cameras pursuant to this section if the examiner or issuing agency, as described in Section 40215, includes options to reduce or waive the payment of a parking penalty if the examiner or issuing agency determines that the person is an indigent person as defined in Section 40220. (b) Prior to issuing notices of parking violations pursuant to Section 21211, a local agency shall commence a program to issue only warning notices for 60 days and shall also make a public announcement of the program and provide the public with information about the enforcement program, existing parking regulations, and the payment options available for low-income persons at least 60 days prior to commencement of issuing notices of parking violations. (c) A designated employee of a city, county, city and county, or a contracted law enforcement agency for a special transit district, who is qualified by a city, county, city and county, or district to issue parking citations, shall review photographs for the purpose of determining whether a parking violation occurred in a bicycle lane. A violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by a city, county, city and county, or special transit district occurring in a bicycle lane observed by the designated employee in the recordings is subject to a civil penalty. (d) The registered owner shall be permitted to review the photographic evidence of the alleged violation during normal business hours at no cost. (e) (1) Except as it may be included in court records described in Section 68152 of the Government Code, or as provided in paragraph (2), the photographic evidence may be retained for up to 30 days after final disposition of the citation. The photographic evidence shall not be retained for more than six months from the date the information was first obtained, after which time the information shall be destroyed. (2) Notwithstanding Section 26202.6 of the Government Code, photographic evidence from forward facing automated enforcement devices that does not contain evidence of a parking violation occurring in a bicycle lane shall be destroyed within 15 days after the information was first obtained. Photographic data and records collected pursuant to this section shall not be used or processed by an automated license plate recognition system, as defined in Section 1798.90.5 of the Civil Code, unless the local agency meets the requirements of this subdivision, the requirements of subdivision (f), and the requirements of subdivision (e) of Section 40247. (f) Notwithstanding Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code, or any other law, the photographic records are confidential. Public agencies shall use and allow access to these records only for the purposes authorized by this article. (g) For purposes of this article, “local agency” means a public transit operator as defined in Section 99210 of the Public Utilities Code or a local city, county, or city and county parking enforcement authority. (Added by Stats. 2023, Ch. 432, Sec. 1. (AB 361) Effective January 1, 2024. Repealed as of January 1, 2030, pursuant to Section 40248.)
  92. 40246.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. )

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    A local agency using automated enforcement in bicycle lanes must give the Legislature’s transportation, privacy, and judiciary committees an evaluation report by December 31, 2028.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. ) ## 40246. (a) A local agency that implements an automated enforcement system to enforce parking violations occurring in bicycle lanes pursuant to this article shall provide to the transportation, privacy, and judiciary committees of the Legislature an evaluation report of the enforcement system’s effectiveness, impact on privacy, impact on traffic outcomes, cost to implement, change in citations issued, and generation of revenue, no later than December 31, 2028. (b) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 432, Sec. 1. (AB 361) Effective January 1, 2024. Repealed as of January 1, 2030, pursuant to Section 40248.)
  93. 40247.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. )

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    Local agencies must issue and mail bicycle-lane parking violation notices on time, include required information, keep mailing proof, and may cancel a notice in the interest of justice.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. ) ## 40247. (a) A designated employee of a local agency, including a contracted law enforcement agency, shall issue a notice of parking violation to the registered owner of a vehicle within 15 calendar days of the date of the violation. A designated employee or contracted law enforcement agency may decline to issue a ticket based on the evidence in the photograph illustrating hardship. The notice of parking violation shall set forth the violation of a statute, regulation, or ordinance governing vehicle parking under this code, under a federal or state statute or regulation, or under an ordinance enacted by the local agency in a bicycle lane, a statement indicating that payment is required within 21 calendar days from the date of citation issuance, and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or contest the citation pursuant to Section 40215. The notice of parking violation shall also set forth the date, time, and location of the violation, the vehicle license number, the registration expiration date, if visible, the color of the vehicle, and a copy of the photographic evidence. The notice of parking violation, or copy of the notice, shall be considered a record kept in the ordinary course of business of the local agency and shall be prima facie evidence of the facts contained in the notice. The local agency shall send information regarding the process for requesting review of the photographic evidence along with the notice of parking violation. (b) The notice of parking violation shall be served by depositing the notice in the United States mail to the registered owner’s last known address listed with the Department of Motor Vehicles. Proof of mailing demonstrating that the notice of parking violation was mailed to that address shall be maintained by the local agency. If the registered owner, by appearance or by mail, makes payment to the processing agency or contests the violation within either 21 calendar days from the date of mailing of the citation, or 14 calendar days after the mailing of the notice of delinquent parking violation, the parking penalty shall consist solely of the amount of the original penalty. (c) If, within 21 days after the notice of parking violation is issued, the local agency determines that, in the interest of justice, the notice of parking violation should be canceled, the local agency shall cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing. (d) Following an initial review by the local agency and an administrative hearing pursuant to Section 40215, a contestant may seek court review by filing an appeal pursuant to Section 40230. (e) A local agency or a contracted law enforcement agency may contract with a private vendor for the processing of notices of parking violations and notices of delinquent violations. The local agency shall maintain overall control and supervision of the program. (Added by Stats. 2023, Ch. 432, Sec. 1. (AB 361) Effective January 1, 2024. Repealed as of January 1, 2030, pursuant to Section 40248.)
  94. 40248.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. )

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    This article stays in effect only until January 1, 2030, when it is repealed.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes [40245 - 40248] ( Article 3.6 added by Stats. 2023, Ch. 432, Sec. 1. ) ## 40248. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2023, Ch. 432, Sec. 1. (AB 361) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions. Repeal affects Article 3.6, commencing with Section 40245.)
  95. 40250.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    Toll evasion violations covered by this section are generally subject to a civil penalty, and certain vehicle owners, drivers, rentees, or lessees can be jointly and severally liable.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40250. (a) Except where otherwise specifically provided, a violation of a statute, regulation, or ordinance governing the evasion of tolls on toll facilities under this code, under a federal or state statute or regulation, or under an ordinance enacted by a local authority including a joint powers authority, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code is subject to a civil penalty. The enforcement of a civil penalty is governed by the civil administrative procedures set forth in this article. (b) Except as provided in Section 40264, the registered owner, driver, rentee, or lessee of a vehicle cited for a toll evasion violation of a toll facility, under an applicable statute, regulation, or ordinance shall be jointly and severally liable for the toll evasion penalty imposed under this article, unless the owner can show that the vehicle was used without the express or implied consent of that person. A person who pays a toll evasion penalty, a civil judgment, costs, or administrative fees pursuant to this article has the right to recover the same from the driver, rentee, or lessee. (c) The driver of a vehicle who is not the vehicle owner but who uses or operates the vehicle with the express or implied permission of the owner is the agent of the owner to receive a notice of a toll evasion violation served in accordance with this article and may contest the notice of violation. (d) If the driver of the vehicle is in violation of a statute, regulation, or ordinance governing toll evasion violations, and if the driver is arrested pursuant to Article 1 (commencing with Section 40300) of Chapter 2, this article does not apply. (e) For the purposes of this article, the following definitions apply: (1) “Issuing agency” is an entity, public or private, authorized to collect tolls. (2) “Registered owner” is either of the following: (A) A person described in Section 505. (B) A person registered as the owner of the vehicle by the appropriate agency or authority of another state, the District of Columbia, or a territory or possession of the United States. (Amended by Stats. 2007, Ch. 150, Sec. 1. Effective July 27, 2007.)
  96. 40251.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    Toll evasion collections generally must be deposited to the issuing agency, with a special rule for CHP-issued violations and an end-of-fiscal-year transfer of excess amounts for certain facilities.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40251. All toll evasion penalties collected by the processing agency, as defined in Section 40253, including all administrative fees, process service fees, and fees and collection costs related to civil debt collection, shall be deposited to the account of the issuing agency, except that those sums attributable to the issuance of a toll evasion violation by a member of the California Highway Patrol shall be deposited in accordance with Article 1 (commencing with Section 42200) of Chapter 2 of Division 18 in the city or county where the violation occurred. At the end of each fiscal year, the issuing agencies of facilities which have been developed pursuant to Section 143 of the Streets and Highways Code shall deposit in the State Highway Account in the State Transportation Fund any amounts collected under Section 40253 in excess of the sum of the unpaid toll, administrative fees, other costs incurred by the issuing agency that are related to toll evasion, process service fees, and fees and collection costs related to civil debt collection. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  97. 40252.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    An issuing agency may choose to contract with specified public entities or a private vendor to process toll evasion notices before filing court papers.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40252. (a) An issuing agency may elect to contract with the state, the county, a local authority, or a district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code, or with a private vendor, for the processing of notices of toll evasion violations and notices of delinquent toll evasion violations, prior to filing with the court pursuant to Section 40256. (b) As used in this article, “toll evasion penalty” includes, but is not limited to, any late payment penalty, administrative fee, fine, assessment, and costs of collection as provided by law. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  98. 40253.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    This section defines “processing agency” for toll-evasion notice processing, depending on whether there is a contract under Section 40252.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40253. If a contract is entered into pursuant to Section 40252, for the purpose of this article, “processing agency” means the party responsible for the processing of the notices of toll evasions and notices of delinquent toll evasions. Absent such contract, “processing agency” shall be synonymous with “issuing agency.” (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  99. 40254.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    This section sets deadlines and content requirements for toll evasion notices, and makes tampering with a retained notice a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40254. (a) If a vehicle is found, by automated devices, visual observation, or otherwise, to have evaded tolls on a toll road or toll bridge, and subdivision (d) of Section 40250 does not apply, an issuing agency or a processing agency, as the case may be, shall, within 21 days of the violation, forward to the registered owner a notice of toll evasion violation setting forth the violation, including reference to the section violated, the approximate time thereof, and the location where the violation occurred. If accurate information concerning the identity and address of the registered owner is not available to the processing agency within 21 days of the violation, the processing agency shall have an additional 45 calendar days to obtain such information and forward the notice of toll evasion violation. If the registered owner is a repeat violator, the processing agency shall forward the notice of toll evasion violation within 90 calendar days of the violation. “Repeat violator” means any registered owner for whom more than five violations have been issued pursuant to this section in any calendar month within the preceding 12-month period. The notice of toll evasion violation shall also set forth, if applicable, all of the following: (1) The vehicle license plate number. (2) If practicable, the registration expiration date and the make of the vehicle. (3) If a vehicle is found, by automated devices, to have evaded the toll through failure to meet occupancy requirements in a high-occupancy toll lane, a copy of photographic evidence on which the determination was based. (4) A clear and concise explanation of the procedures for contesting the violation and appealing an adverse decision pursuant to Sections 40255 and 40256. (b) After the authorized person has notified the processing agency of a toll evasion violation, the processing agency shall prepare and forward the notice of violation to the registered owner of the vehicle cited for the violation. Any person, including the authorized person and any member of the person’s department or agency, or any peace officer who, with intent to prejudice, damage, or defraud, is found guilty of altering, concealing, modifying, nullifying, or destroying, or causing to be altered, concealed, modified, nullified, or destroyed, the face of the original or any copy of a notice that was retained by the authorized person before it is filed with the processing agency or with a person authorized to receive the deposit of the toll evasion violation is guilty of a misdemeanor. (c) If, after a copy of the notice of toll evasion violation has been sent to the registered owner, the issuing person determines that, due to a failure of proof of apparent violation, the notice of toll evasion violation should be dismissed, the issuing agency may recommend, in writing, that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the processing agency. (d) If the processing agency makes a finding that there are grounds for dismissal, the notice of toll evasion violation shall be canceled pursuant to Section 40255. (e) A personal relationship with any law enforcement officer, public official, law enforcement agency, processing agency, or toll operating agency or entity shall not be grounds for dismissal of the violation. (f) The processing agency shall use its best efforts to obtain accurate information concerning the identity and address of the registered owner for the purpose of forwarding a notice of toll evasion violation pursuant to subdivision (a). (Amended by Stats. 2019, Ch. 497, Sec. 278. (AB 991) Effective January 1, 2020.)
  100. 40255.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    This section lets a person contest a toll evasion notice within set deadlines and describes the agency’s review process, including evidence review, notice cancellation when the violation is not sustained, and later administrative review steps.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40255. (a) Within 21 days from the issuance of the notice of toll evasion violation, or within 30 days from the mailing of the notice of delinquent toll evasion, whichever occurs later, a person may contest a notice of toll evasion violation or a notice of delinquent toll evasion, without having to deposit the outstanding toll or toll evasion penalty. In that case, the processing agency shall do the following: (1) The processing agency shall either investigate with its own records and staff or request that the issuing agency investigate the circumstances of the notice with respect to the contestant’s written explanation of reasons for contesting the toll evasion violation. At a minimum, the processing agency or issuing agency shall review the evidence on which the alleged violation was based, including any photographs of the alleged violation, the department’s registered owner information, and confirmation that a full and complete payment was not made. If, based upon the results of that investigation, the processing agency is satisfied that the violation did not occur or that the registered owner was not responsible for the violation, the processing agency shall cancel the notice of toll evasion violation and make an adequate record of the reasons for canceling the notice. The processing agency shall mail the results of the investigation to the person who contested the notice of toll evasion violation or the notice of delinquent toll evasion violation, or may email the results if the person contesting the notice requests email notification in lieu of mail and provides an email address. (2) If the person contesting a notice of toll evasion violation or notice of delinquent toll evasion violation is not satisfied with the results of the investigation provided for in paragraph (1), the person may, within 15 days of the mailing or emailing of the results of the investigation, deposit the amount of the toll evasion penalty and request an administrative review. If the person meets the income criteria in subdivision (a) of Section 40269.5, as verified by the issuing or processing agency or their designee, the person shall only be required to deposit the amount of the toll, and not the amount of the toll evasion penalty. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding any time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. (b) The administrative review procedure shall consist of the following: (1) The person requesting an administrative review shall indicate to the processing agency their election for a review by mail or personal conference. (2) If the person requesting an administrative review is a minor, that person shall be permitted to appear at an administrative review or admit responsibility for a toll evasion violation without the necessity of the appointment of a guardian. The processing agency may proceed against that person in the same manner as if that person were an adult. (3) (A) The administrative review shall be conducted before a reviewer designated to conduct the review by the issuing agency’s governing body or chief executive officer. In the case of violations on facilities developed pursuant to Section 143 of the Streets and Highways Code, the processing agency shall contract with a public agency or a private entity that has no financial interest in the facility for the provision of administrative review services pursuant to this subdivision. The costs of those administrative review services shall be included in the administrative fees authorized by this article. (B) In addition to any other requirements of employment, a reviewer shall demonstrate those qualifications, training, and objectivity prescribed by the issuing agency’s governing body or chief executive as are necessary and which are consistent with the duties and responsibilities set forth in this article. (C) The examiner’s continued employment, performance evaluation, compensation, and benefits shall not be directly or indirectly linked to the amount of fines collected by the examiner. (4) The officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement under penalty of perjury from the person reporting the violation. The documentation in proper form shall be considered prima facie evidence of the violation. (5) For a toll evasion violation that occurs on a vehicular crossing or toll highway where the issuing agency allows pay-by-plate toll payment, as defined in subdivision (e) of Section 23302, the officer or person authorized to issue a notice of toll evasion violation shall not be required to participate in an administrative review. The issuing agency shall not be required to produce any evidence other than the notice of toll evasion violation or copy thereof, information received from the department identifying the registered owner of the vehicle, and a statement from the officer or person authorized to issue a notice of toll evasion that the tolls or other charges and any applicable fee was not paid in accordance with the issuing agency’s policies for pay-by-plate toll payment. Any officer or person who knowingly provides false information pursuant to this paragraph shall be subject to a civil penalty for each violation in the minimum amount of two hundred fifty dollars ($250) up to a maximum amount of two thousand five hundred dollars ($2,500). An action for a civil penalty may be brought by any public prosecutor in the name of the people of the State of California. The documentation in proper form shall be considered prima facie evidence of the violation. (6) The review shall be conducted in accordance with the written procedure established by the processing agency which shall ensure fair and impartial review of contested toll evasion violations. The agency’s final decision may be delivered personally or by first-class mail. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 10) and added by Stats. 2022, Ch. 969, Sec. 11. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  101. 40256.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A contestant may appeal a toll evasion decision to superior court within 20 days, must serve the notice on the processing agency, and must pay a $25 filing fee. If the appellant wins, the fee and any deposited penalty are refunded; if no appeal is filed, the decision becomes final and the agency may collect the penalty.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40256. (a) Within 20 days after the mailing of the final decision described in subdivision (b) of Section 40255, the contestant may seek review by filing an appeal to the superior court, where the same shall be heard de novo, except that the contents of the processing agency’s file in the case on appeal shall be received in evidence. A copy of the notice of toll evasion violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 20-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case. (b) Notwithstanding Section 72055 of the Government Code, the fee for filing the notice of appeal shall be twenty-five dollars ($25). If the appellant prevails, this fee, together with any deposit of toll evasion penalty, shall be promptly refunded by the processing agency in accordance with the judgment of the court. (c) The conduct of the hearing on appeal under this section is a subordinate judicial duty which may be performed by commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. (d) If no notice of appeal of the processing agency’s decision is filed within the period set forth in subdivision (a), the decision shall be deemed final. (e) If the toll evasion penalty has not been deposited and the decision is adverse to the contestant, the processing agency may, promptly after the decision becomes final, proceed to collect the penalty under Section 40267. (Amended by Stats. 2002, Ch. 784, Sec. 602. Effective January 1, 2003.)
  102. 40257.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A toll evasion violation notice must include a written notice of the penalty due, the address of the person authorized to receive the penalty deposit, and a bold-print statement that payment may be mailed.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40257. The notice of toll evasion violation shall be accompanied by a written notice of the toll evasion penalty due for that violation and the address of the person authorized to receive a deposit of the toll evasion penalty, to whom payments may be sent, and a statement in bold print that payments of the toll evasion penalty for the toll evasion violation may be sent through the mail. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  103. 40258.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    This section sets toll evasion penalty caps, allows a full toll-only payment in some bridge cases made within 15 days, requires a waiver for certain first violations if the listed conditions are met, and lets an issuing agency adjust amounts within a CPI-based limit.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40258. (a) (1) The schedule of toll evasion penalties for a toll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll evasion violation, and shall not exceed fifty dollars ($50) for the notice of delinquent toll evasion violation for a cumulative total of fifty dollars ($50) for each individual toll evasion violation. (2) Notwithstanding paragraph (1), the schedule of toll evasion penalties may include any administrative fee, fine, or assessment imposed by the state after enactment of this chapter in addition to the cumulative fifty-dollar ($50) limit per each individual toll evasion violation. (b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of toll evasion violation issued pursuant to subdivision (a) of Section 40254 for a bridge toll evasion, the amount owed shall consist of the amount of the toll without any additional penalties, administrative fees, or charges. (c) The maximum penalty for each toll evasion violation included in a notice of toll evasion for either a toll highway, toll road, or express lane shall be sixty dollars ($60). The maximum cumulative toll evasion penalty shall not exceed one hundred dollars ($100) for each individual toll evasion violation. (d) Toll evasion penalties under this article shall be collected as civil penalties. (e) The amounts specified in this section may be adjusted periodically by an issuing agency at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (f) An issuing agency shall waive the toll evasion penalty for a first violation with the issuing agency if the person contacts, as applicable, the issuing or processing agency customer service center within 21 days from the mailing of the notice of toll evasion violation, and the person is not currently an accountholder with the issuing agency, signs up for an account, and pays the outstanding toll. (g) This section shall become operative on July 1, 2024. (Repealed (in Sec. 12) and added by Stats. 2022, Ch. 969, Sec. 13. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  104. 40259.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    If the toll evasion penalty is received by the authorized recipient and the violation is uncontested, the proceedings under this article end.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40259. If the toll evasion penalty is received by the person authorized to receive the deposit of the toll evasion penalty and there is no contest as to that toll evasion violation, the proceedings under this article shall terminate. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  105. 40260.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    If the toll evasion penalty is not paid by the appearance deadline, the processing agency must send the registered owner a delinquent toll evasion notice.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40260. (a) If the payment of the toll evasion penalty is not received by the person authorized to receive a deposit of the toll evasion penalty by the time and date fixed for appearance on the notice of toll evasion violation under Section 40254, the processing agency shall serve or mail to the registered owner a notice of delinquent toll evasion violation. (b) Delivery of a notice of delinquent toll evasion violation under this section may be made by personal service or by first-class mail addressed to the registered owner. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  106. 40261.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A person or agent may request a copy of a toll evasion notice within 10 days, the issuing agency may charge up to $2, and the processing agency must provide the copy within 15 days; until then, the processing agency may not proceed with certain actions.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40261. (a) Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or his or her agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, or Section 22651.7 or 40267. (b) If the description of the vehicle on the notice of toll evasion violation does not match the department’s corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  107. 40262.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

    Verify source ↗

    This section sets rules for notices of delinquent toll evasion violations and how vehicle registration renewal is affected.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40262. (a) (1) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 30 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability that complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation. (2) If the toll evasion penalty is not paid as specified in the notice of delinquent toll evasion violation, the issuing agency may notify the department and the department shall refuse to renew that person’s vehicle registration pursuant to Section 4770. If the registered owner pays the toll, toll evasion penalty, and all related fees, or enters into a payment plan pursuant to Section 40269.5 and makes the first payment, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the issuing agency subsequently notifies the department electronically that the registered owner is delinquent under the payment plan for more than 10 business days, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency has notified the department electronically. (3) Notwithstanding paragraph (2), if a registered owner pays the toll, toll evasion penalty, and all related fees, or has entered into a payment plan authorized pursuant to subdivision (e) of Section 40269.5, and meets the agency’s requirements for that payment plan, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the registered owner is delinquent under the payment plan for more than 10 business days and the issuing agency or processing agency subsequently notifies the department electronically, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency and the issuing agency has notified the department electronically. (b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 14) and added by Stats. 2022, Ch. 969, Sec. 15. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  108. 40262.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    If a registered owner does not pay the toll evasion penalty or does not contest the violation, the owner is deemed liable and the penalty plus any administrative fees or charges become a debt owed to the issuing agency.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40262.5. If the registered owner fails to pay the toll evasion penalty, as required in Section 40262, or fails to contest the violation, as provided in Section 40255, the registered owner shall be deemed liable for the violation by operation of law, and the toll evasion penalty and any administrative fees or charges shall be considered a debt due and owing the issuing agency by the registered owner. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  109. 40263.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A delinquent toll evasion notice must include, or come with, an affidavit of nonliability and instructions and information about nonliability and returning the affidavit.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40263. The notice of delinquent toll evasion violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  110. 40264.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    If a nonliability affidavit is timely returned with the required rental agreement details, the processing agency must send the rentee or lessee a delinquent toll evasion notice. If payment still is not received within 15 days, the agency may proceed under Section 40267.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40264. If the affidavit of nonliability is returned to the agency within 30 days of the mailing of the notice of toll evasion violation together with the proof of a written rental agreement or lease between a bona fide renting or leasing company and its customer which identifies the rentee or lessee and provides the driver’s license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent toll evasion violation. If payment is not received within 15 days of the mailing of the notice of delinquent toll evasion violation, the processing agency may proceed against the rentee or lessee pursuant to Section 40267. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  111. 40265.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    The processing agency must verify ownership-transfer compliance, cancel notices in some cases, and tell the registered owner to pay or contest unless evidence of an earlier transfer is provided within 15 days.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40265. (a) If the affidavit of nonliability is returned and indicates that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession of the vehicle to the purchaser prior to the date of the alleged violation, the processing agency shall obtain verification from the department that the registered owner has complied with subdivision (b) of Section 5602. (b) If the registered owner has complied with subdivision (b) of Section 5602, the processing agency shall cancel the notice of toll evasion violation with respect to the registered owner. (c) If the registered owner has not complied with subdivision (b) of Section 5602, the processing agency shall inform the registered owner that the notice shall be paid in full or contested pursuant to Section 40255 unless the registered owner delivers evidence within 15 days of the notice that establishes that the transfer of ownership and possession of the vehicle occurred prior to the date of the alleged violation. If the registered owner does not comply with this notice, the processing agency shall proceed pursuant to Section 40220. If the registered owner delivers the evidence within 15 days of the notice, the processing agency shall cancel the notice of delinquent toll evasion violation or violations with respect to the registered owner. (d) For purposes of subdivision (c), evidence sufficient to establish that the transfer of ownership and possession occurred prior to the date of the alleged violation or violations shall include, but is not limited to, a copy of the executed agreement showing the date of the transfer of vehicle ownership. (e) This section does not limit or impair the ability or the right of the processing agency to pursue the collection of delinquent toll evasion penalties from the person having ownership and possession of the vehicle on the date the alleged violation occurred. (Amended by Stats. 2008, Ch. 741, Sec. 6. Effective January 1, 2009.)
  112. 40266.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

    Verify source ↗

    This section says the processing agency must deliver the delinquent toll evasion notice, check filing or judgment status, and, in certain paid cases, terminate the proceedings and transmit payment information and funds.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40266. (a) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent toll evasion violation pursuant to Section 40260 or 40264, or any other person who presents the notice of toll evasion violation or notice of delinquent toll evasion violation after the notice of delinquent toll evasion violation has been issued for delivery under Section 40260, deposits that toll evasion violation penalty with a person authorized to receive it, the processing agency shall do both of the following: (1) Deliver a copy of the notice of delinquent toll evasion violation issued under Section 40260, or a listing of the notice information presented in a notice of delinquent toll evasion violation to the person and record the name, address, and driver’s license number of the person actually given the copy in the records of the issuing agency. For the purposes of this paragraph, a copy of the notice of delinquent toll evasion violation may be a photostatic copy. (2) Determine whether the notice of delinquent toll evasion violation has been filed with the department pursuant to subdivision (b) of Section 40267 or a civil judgment has been entered pursuant to Section 40267. (b) If the notice of delinquent toll evasion violation has not been filed with the department or judgment entered and payment of the toll evasion penalty and any applicable assessments is received, the proceedings under this article shall terminate. (c) If the notice of delinquent toll evasion violation has been filed with the department, has been returned to the processing agency pursuant to subdivision (b) or (c) of Section 4770 or pursuant to Section 4774, and payment of the toll evasion penalty together with the administrative service fee of the processing agency for costs of service and any applicable assessment is received, the proceedings under this article shall terminate. (d) If the notice of delinquent toll evasion violation has been filed with the department and has not been returned to the processing agency pursuant to Section 4770, 4772, or 4774, and payment of the toll evasion penalty together with the administrative fee of the department established under Section 4773, and administrative service fee of the issuing agency for costs of service, and any applicable assessments is received by the processing agency, the processing agency shall do all of the following: (1) Immediately transmit the payment information to the department in the manner prescribed by the department. (2) Terminate proceedings on the notice of delinquent toll evasion violation. (3) Transmit for deposit all toll evasion penalties and assessments in accordance with law. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  113. 40267.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    This section lets a processing agency use several collection methods for unpaid toll evasion penalties, including filing the debt with the department, filing proof with court in some cases, or using a collection agency.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40267. Except as otherwise provided in Sections 40268 and 40269, the processing agency shall proceed under one or more of the following options to collect an unpaid toll evasion penalty: (a) The processing agency may file an itemization of unpaid toll evasion penalties and administrative and service fees with the department for collection with the registration of the vehicle pursuant to Section 4770. (b) (1) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, the processing agency may file proof of that fact with the court with the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debt. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 30 days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against his or her assets, liens may be placed against his or her property, his or her wages may be garnished, and other steps may be taken to satisfy the judgment. The filing fee plus any costs of collection shall be added to the judgment amount. (2) Notwithstanding any other provision of law, the processing agency shall pay the established first paper civil filing fee, if required by law, at the time an entry of civil judgment is requested. (c) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the notice has not been collected by the department pursuant to Section 4770, the processing agency may file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in subdivision (b), except that if the amount of the unpaid penalties and fees is not more than four hundred dollars ($400), the filing fee shall be collectible by the court from the debtor. (d) The issuing agency may contract with a collection agency to collect unpaid toll evasion penalties, fees, and charges. (e) This section does not apply to the registered owner of a vehicle if the toll evasion violation occurred prior to the registered owner taking possession of the vehicle and the department has notified the processing agency pursuant to Section 4774. (Amended by Stats. 2008, Ch. 741, Sec. 7. Effective January 1, 2009.)
  114. 40268.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A processing agency may not file a civil judgment for a toll evasion violation unless it has determined the vehicle registration was not renewed for 60 days beyond the renewal date and the notice has not been collected by the department under Section 4770.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40268. The processing agency shall not file a civil judgment with the court relating to a toll evasion violation which has been filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the notice has not been collected by the department pursuant to Section 4770. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  115. 40269.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    The processing agency must end proceedings on a delinquent toll evasion notice in specified situations, such as payment, time running out, proof of payment, or proof the registered owner was not the owner on the violation date.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40269. (a) The processing agency shall terminate proceedings on the notice of a delinquent toll evasion violation in any of the following cases: (1) Upon receipt of collected penalties and administrative fees remitted by the department under Section 4772 for that notice of delinquent toll evasion violation. The termination under this subdivision is by satisfaction of the toll evasion penalty. (2) If the notice of delinquent toll evasion violation was returned to the processing agency pursuant to Section 4774 and five years have elapsed since the date of the violation. The termination under this subdivision is by the running of a statute of limitation of proceedings. (3) The processing agency receives information, which it shall verify with the department, that the penalty has been paid to the department pursuant to Section 4772. (4) If the registered owner of the vehicle provides proof to the processing agency that he or she was not the registered owner on the date of the toll evasion violation. (b) This section does not limit or impair the ability or the right of the processing agency to pursue the collection of delinquent toll evasion penalties from the person who was the registered owner or lessee of the vehicle on the date of the alleged toll evasion violation. (Amended by Stats. 2008, Ch. 741, Sec. 8. Effective January 1, 2009.)
  116. 40269.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    An issuing agency must offer qualifying low-income persons a payment plan for toll evasion penalties and must publish the policy online.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40269.5. (a) (1) An issuing agency shall make a payment plan option available to a person whose monthly income is 200 percent of the current poverty guidelines, or less, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code, as determined by the issuing agency or processing agency or their designee. (2) For purposes of verifying a person’s eligibility an issuing agency or processing agency or their designee shall accept all of the following: (A) unexpired proof of enrollment of participation in the CalFresh program established pursuant to (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), Medi-Cal, or another low-income program with the same or more exacting low-income requirement; or (B) an unexpired county benefit eligibility letter. Other evidence of the persons’ income may also be accepted, as determined to be sufficient by the issuing agency or processing agency or their designee. (b) The payment plan option for qualifying individuals shall do all of the following: (1) Apply to toll evasion penalties in excess of one hundred dollars ($100). (2) Require payment of no more than twenty-five dollars ($25) per month for total outstanding toll evasion penalties of six hundred dollars ($600) or less. (3) Include no prepayment penalty for paying off the balance prior to the payment period expiring. (4) Include a process for removal of any registration hold placed pursuant to Section 4770. (c) Information regarding the issuing agency’s payment plan policy shall be posted on an internet website related to the issuing agency’s electronic toll collection system. (d) Notwithstanding subdivision (a), the issuing agency shall not be required to offer more than one payment plan to a person at any given time. The issuing agency shall not be required to offer a person more than two payment plans in a six-year period. The issuing agency shall not be required to offer a payment plan if the person has more than two thousand five hundred dollars ($2,500) in outstanding toll evasion penalties. (e) The requirements of subdivisions (a) and (b) are minimum standards only, and shall not limit the discretion of the issuing agency to establish or provide payment plan options that exceed the minimum requirements in those subdivisions, including, but not limited to, allowing payment plans for a person who owes less than the amount specified in paragraph (1) of subdivision (b), and making a payment plan available to more individuals than those who meet the economic criteria in subdivision (a). For those individuals who exceed the income criteria set forth in subdivision (a), the issuing agency may set payment plan requirements that differ from those established in subdivision (a) or (b), such as requiring higher monthly payments than those specified in paragraph (2) of subdivision (b), or similar requirements. (f) This section shall become operative on July 1, 2023, for toll bridges. With respect to toll highways, toll roads, and express lanes, this section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 16. (AB 2594) Effective January 1, 2023.)
  117. 40270.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A processing agency may cancel a notice of delinquent toll evasion violation if the notice was filed with the department and later returned by notice of noncollection.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40270. If the notice of delinquent toll evasion violation is filed with the department pursuant to subdivision (b) of Section 40267 and the department returns the notice of delinquent toll evasion violation by notice of noncollection pursuant to subdivision (b) of Section 4770 or Section 4774, the processing agency may cancel the notice of delinquent toll evasion violation. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  118. 40271.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    The deadline to start a civil action for a Section 40250 violation is paused after a delinquent toll evasion notice is filed, until the notice is returned or recalled.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40271. The time limitation provided by law for commencement of a civil action for a violation specified in Section 40250 shall be tolled from and after the date a notice of delinquent toll evasion violation is filed with the department pursuant to subdivision (b) of Section 40267 until the notice is returned to the processing agency under subdivision (b) of Section 4770, or Section 4772 or 4774, or is recalled by the processing agency pursuant to subdivision (b) of Section 40255. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  119. 40272.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    A civil-liability finding for a Section 23302.5 violation is not treated as a driver conviction, is not added to the person’s driving record, and may not be used for motor-vehicle insurance purposes.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40272. Notwithstanding any other provision of law, an imposition of civil liability for a violation of Section 23302.5 shall not be deemed a conviction of a driver, rentee, lessee, or registered owner and shall not be made part of the driving record of the person upon whom that liability is imposed, nor shall it be used for insurance purposes in connection with the provision of motor vehicle insurance coverage. (Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
  120. 40273.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. )

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    Information obtained through automated devices under this article may be used only to identify certain people and get their mailing addresses.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 1. Offenses [40000.1 - 40273] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Procedure on Toll Evasion Violations [40250 - 40273] ( Article 4 added by Stats. 1995, Ch. 739, Sec. 8. ) ## 40273. Any information obtained pursuant to this article through the use of automated devices shall not be used for any purpose other than to identify, and obtain the mailing address information of, either of the following: (a) Toll evasion violators, to facilitate the serving of notices of toll evasion violations and notices of delinquent toll evasion violations. (b) Persons entering a vehicular crossing and toll highway where pay-by-plate toll payment, as defined in Section 23302, is permitted by the toll operator to facilitate the collection of tolls. (Amended by Stats. 2009, Ch. 459, Sec. 4. (AB 628) Effective January 1, 2010.)
  121. 40300.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section says peace officers must follow this chapter when making warrantless arrests for code violations committed in their presence.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40300. The provisions of this chapter shall govern all peace officers in making arrests for violations of this code without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. (Enacted by Stats. 1959, Ch. 3.)
  122. 40300.2.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    When someone is arrested for a covered offense, the complaint or notice must say whether the vehicle was a commercial motor vehicle.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40300.2. Whenever a person is arrested for a violation of this code, or a violation of any other statute required to be reported under Section 1803, the written complaint, notice to appear in court, or other notice of violation, shall indicate whether the vehicle involved in the offense is a commercial motor vehicle, as defined in subdivision (b) of Section 15210. (Added by Stats. 1988, Ch. 1509, Sec. 10.)
  123. 40300.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer may arrest a person without a warrant for suspected DUI in specified urgent situations.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40300.5. In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists: (a) The person is involved in a traffic crash. (b) The person is observed in or about a vehicle that is obstructing a roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to themselves or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of the crime unless immediately arrested. (Amended by Stats. 2022, Ch. 81, Sec. 7. (AB 2198) Effective January 1, 2023.)
  124. 40300.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Section 40300.5 must be interpreted broadly to support safe roads and DUI enforcement, allowing arrests under that section within a reasonable time and distance from a traffic crash.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40300.6. Section 40300.5 shall be liberally interpreted to further safe roads and the control of driving while under the influence of an alcoholic beverage or any drug in order to permit arrests to be made pursuant to that section within a reasonable time and distance away from the scene of a traffic crash. The enactment of this section during the 1985–86 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2022, Ch. 81, Sec. 8. (AB 2198) Effective January 1, 2023.)
  125. 40301.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A person arrested for a felony violation of the Vehicle Code must be handled like someone arrested for any other felony, except as this chapter provides otherwise.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40301. Except as provided in this chapter, whenever a person is arrested for any violation of this code declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony. (Enacted by Stats. 1959, Ch. 3.)
  126. 40302.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A person arrested for a non-felony Vehicle Code violation must be taken without unnecessary delay before a magistrate in the county of the alleged offense in certain listed situations.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40302. Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases: (a) When the person arrested fails to present both his or her driver’s license or other satisfactory evidence of his or her identity and an unobstructed view of his or her full face for examination. (b) When the person arrested refuses to give his or her written promise to appear in court. (c) When the person arrested demands an immediate appearance before a magistrate. (d) When the person arrested is charged with violating Section 23152. (Amended by Stats. 2015, Ch. 82, Sec. 1. (AB 346) Effective January 1, 2016.)
  127. 40302.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A minor taken into custody for a traffic infraction and not brought directly before a magistrate must be delivered to the probation officer, who must keep the minor in juvenile hall unless sooner released.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40302.5. Whenever any person under the age of 18 years is taken into custody in connection with any traffic infraction case, and he is not taken directly before a magistrate, he shall be delivered to the custody of the probation officer. Unless sooner released, the probation officer shall keep the minor in the juvenile hall pending his appearance before a magistrate. When a minor is cited for an offense not involving the driving of a motor vehicle, the minor shall not be taken into custody pursuant to subdivision (a) of Section 40302 solely for failure to present a driver’s license. (Added by Stats. 1980, Ch. 1299, Sec. 2.)
  128. 40303.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets officers use a 10-day notice to appear for certain arrests, allows thumbprints on the notice in some cases, and limits how those prints may be used or shared.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40303. (a) Whenever a person is arrested for any of the offenses listed in subdivision (b) and the arresting officer is not required to take the person without unnecessary delay before a magistrate, the arrested person shall, in the judgment of the arresting officer, either be given a 10 days’ notice to appear, or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made. The officer may require that the arrested person, if he or she does not have satisfactory identification, place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the 10 days’ notice to appear when a 10 days’ notice is provided. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print. (b) Subdivision (a) applies to the following offenses: (1) Section 10852 or 10853, relating to injuring or tampering with a vehicle. (2) Section 23103 or 23104, relating to reckless driving. (3) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to an inspection or test of the lights upon the vehicle pursuant to Section 2804, that is punishable as a misdemeanor. (4) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to a brake test that is punishable as a misdemeanor. (5) Subdivision (a) of Section 2800, relating to the refusal to submit vehicle and load to an inspection, measurement, or weighing as prescribed in Section 2802 or a refusal to adjust the load or obtain a permit as prescribed in Section 2803. (6) Subdivision (a) of Section 2800, insofar as it relates to a driver who continues to drive after being lawfully ordered not to drive by a member of the Department of the California Highway Patrol for violating the driver’s hours of service or driver’s log regulations adopted pursuant to subdivision (a) of Section 34501. (7) Subdivision (b), (c), or (d) of Section 2800, relating to a failure or refusal to comply with a lawful out-of-service order. (8) Section 20002 or 20003, relating to duties in the event of an accident. (9) Section 23109, relating to participating in a speed contest or exhibition of speed. (10) Section 14601, 14601.1, 14601.2, or 14601.5, relating to driving while the privilege to operate a motor vehicle is suspended or revoked. (11) When the person arrested has attempted to evade arrest. (12) Section 23332, relating to persons upon vehicular crossings. (13) Section 2813, relating to the refusal to stop and submit a vehicle to an inspection of its size, weight, and equipment. (14) Section 21461.5, insofar as it relates to a pedestrian who, after being cited for a violation of Section 21461.5, is, within 24 hours, again found upon the freeway in violation of Section 21461.5 and thereafter refuses to leave the freeway after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest. (15) Subdivision (a) of Section 2800, insofar as it relates to a pedestrian who, after having been cited for a violation of subdivision (a) of Section 2800 for failure to obey a lawful order of a peace officer issued pursuant to Section 21962, is within 24 hours again found upon the bridge or overpass and thereafter refuses to leave after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest. (16) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or a drug. (17) Section 21221.5, relating to operating a motorized scooter while under the influence of an alcoholic beverage or a drug. (c) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court finds that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (Amended by Stats. 2006, Ch. 288, Sec. 19. Effective January 1, 2007.)
  129. 40303.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    An arresting officer must let a person arrested for certain listed offenses sign a notice promising to correct the violation, unless Section 40610(b) disqualifies the person.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40303.5. An arresting officer shall permit a person arrested for any of the following offenses to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist: (a) A registration infraction set forth in Division 3 (commencing with Section 4000). (b) A driver’s license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of a driver’s license. (c) Section 21201, relating to bicycle equipment. (d) Subdivision (a) of Section 21212. (e) An infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000). (f) Section 2482, relating to registration decals for vehicles transporting inedible kitchen grease. (g) Section 9850, relating to expired vessel registration. (h) Section 9853.2, relating to the display of vessel identification numbers. (i) Section 678.11 of the Harbors and Navigation Code, relating to possessing a vessel operator card. (j) Subparagraph (a) or (c) of Section 190.00 of Title 13 of the California Code of Regulations, relating to the display of vessel identification numbers. (k) Section 190.01 of Title 13 of the California Code of Regulations, relating to vessel registration stickers. (l) Section 6565.8 of Title 14 of the California Code of Regulations, relating to personal floatation devices on vessels. (m) Section 6569 of Title 14 of the California Code of Regulations, relating to serviceable fire extinguishers on vessels. (n) Section 6572 of Title 14 of the California Code of Regulations, relating to markings on fire extinguishers on vessels. (Amended by Stats. 2021, Ch. 57, Sec. 1. (AB 591) Effective January 1, 2022.)
  130. 40304.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    When a California Highway Patrol officer arrests someone for a qualifying vehicle or highway misdemeanor not listed in the code, the officer must either give a 10-day notice to appear or take the person before a magistrate without unnecessary delay.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40304. Whenever any person is arrested by any member of the California Highway Patrol for any violation of any state law regulating the operation of vehicles or the use of the highways declared to be a misdemeanor but which offense is not specified in this code, he shall, in the judgment of the arresting officer, either be given a 10-day notice to appear in the manner provided in this chapter or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, or, upon demand of the person arrested, before a magistrate in the judicial district in which the offense is alleged to have been committed. (Enacted by Stats. 1959, Ch. 3.)
  131. 40304.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A person held on up to two warrants for failure to appear on a parking or traffic citation must be given an immediate chance to post bail, and if they lack cash they must be told their rights and allowed time and phone access to arrange bail.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40304.5. Notwithstanding any other provision of law, whenever any person is taken into custody for bail to be collected on two or fewer outstanding warrants for failure to appear on a citation for a parking offense or a traffic infraction, the person shall be provided the opportunity immediately to post bail, and shall not be booked, photographed, or fingerprinted, nor shall an arrest record be made, when the amount of bail required to be paid on the warrant may be ascertained by reference to the face thereof or to a fixed schedule of bail, unless and until all of the following requirements have been exhausted: (a) If the person has sufficient cash in his or her possession, that person shall be given the opportunity immediately to post bail with the person in charge of the jail or his or her designee. (b) If the person does not have sufficient cash in his or her possession, that person shall be informed of his or her rights and given the opportunity to do all of the following: (1) Make not less than three completed telephone calls to obtain bail. The person shall be permitted the use of the police or sheriff’s department telephone to make not less than three completed local or collect long-distance telephone calls to obtain bail. (2) Have not less than three hours in which to arrange for the deposit of bail. (Added by Stats. 1984, Ch. 35, Sec. 3. Effective March 8, 1984. Operative March 31, 1984, by Sec. 7 of Ch. 35.)
  132. 40305.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets officers and courts use thumbprints to verify identity in certain nonresident arrest cases, and restricts further use or sharing of those prints.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40305. (a) Whenever a nonresident is arrested for violating any section of this code while driving a motor vehicle and does not furnish satisfactory evidence of identity and an address within this state at which he or she can be located, he or she may, in the discretion of the arresting officer, be taken immediately before a magistrate within the county where the offense charged is alleged to have been committed, and who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made. If the magistrate is not available at the time of the arrest and the arrested person is not taken before any other person authorized to receive a deposit of bail, and if the arresting officer does not have the authority or is not required to take the arrested person before a magistrate or other person authorized to receive a deposit of bail by some other provision of law, the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear as provided in Article 2 (commencing with Section 40500). Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. (b) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court determines that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (Amended by Stats. 2003, Ch. 467, Sec. 5. Effective January 1, 2004.)
  133. 40305.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets an officer use a guaranteed traffic arrest bail bond certificate instead of the usual arrest procedure for certain nonresidents, requires filing the certificate, limits use of thumbprints, and sets rules for certificate content and bond amount.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40305.5. (a) If a nonresident is arrested for violating this code while driving a commercially registered motor vehicle, excluding house cars, with an unladen weight of 7,000 pounds or more, and does not furnish satisfactory evidence of identity and an address within this state at which he or she can be located, the arresting officer may, in lieu of the procedures set forth in Section 40305, accept a guaranteed traffic arrest bail bond certificate, and the nonresident shall be released from custody upon giving a written promise to appear as provided in Article 2 (commencing with Section 40500). The officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear as provided in Article 2 (commencing with Section 45000). Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print. (b) Every guaranteed traffic arrest bail bond certificate shall contain all of the following information: (1) The name and address of the surety and of the issuer, if other than the surety. (2) The name, address, driver’s license number and signature of the individual covered by the certificate. (3) The maximum amount guaranteed. (4) Exclusions from coverage. (5) A statement that the issuing company guarantees the appearance of a person to whom a guaranteed traffic arrest bail bond certificate is issued and, in the event of the failure of the person to appear in court at the time of trial, the issuing company shall pay any fine or forfeiture imposed on the person, not to exceed the amount stated on the certificate. (6) The expiration date of the certificate. (c) A guaranteed traffic arrest bail bond certificate may be issued by a surety admitted in this state. The certificate may also be issued by an association of motor carriers if all of the following conditions are met: (1) The association is incorporated, or authorized to do business, in this state. (2) The association is covered by a guaranteed traffic arrest bail bond issued by a surety admitted in this state. (3) The association agrees to pay fines or bail assessed against the guaranteed traffic arrest bail bond certificate. (4) The surety guarantees payment of fines or bail assessed against the guaranteed traffic arrest bail bond certificates issued by the association. (d) The arresting officer shall file the guaranteed traffic arrest bail bond certificate with the notice to appear required to be filed by Section 40506. (e) A “guaranteed traffic arrest bail bond certificate” is a document that guarantees the payment of fines or bail assessed against an individual for violation of this code, except driving while under the influence of alcohol or drugs, driving without a license or driving with a suspended or revoked license, operating a motor vehicle without the permission of the owner, or any violation punishable as a felony. (f) A “guaranteed traffic arrest bail bond” is a bond issued by a surety guaranteeing the obligations of the issuer of guaranteed traffic arrest bail bond certificates. The bond shall be in the amount of fifty thousand dollars ($50,000) and shall be filed with the Secretary of State. Any court in this state may assess against the surety the amount of covered fines or bail that the issuer of a guaranteed traffic arrest bail bond certificate fails to pay. (g) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. If there is no thumbprint or fingerprint on the notice to appear or the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy of the notice to appear back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court determines that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (Amended by Stats. 2011, Ch. 296, Sec. 310. (AB 1023) Effective January 1, 2012.)
  134. 40306.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    When a person arrested for a misdemeanor or infraction is brought before a magistrate, the arresting officer must file a complaint, the person gets at least five days before pleading or trial unless waived, and the person is released on recognizance or bail set by the magistrate.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40306. (a) Whenever a person is arrested for a misdemeanor or an infraction and is taken before a magistrate, the arresting officer shall file with the magistrate a complaint stating the offense with which the person is charged. (b) The person taken before a magistrate shall be entitled to at least five days continuance of his case in which to plead and prepare for trial and the person shall not be required to plead or be tried within the five days unless he waives such time in writing or in open court. (c) The person taken before a magistrate shall thereupon be released from custody upon his own recognizance or upon such bail as the magistrate may fix. (Amended by Stats. 1968, Ch. 1192.)
  135. 40307.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a magistrate is unavailable, the arresting officer must promptly bring the arrested person to the clerk of the magistrate or to the most accessible county or city jail/detention facility.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40307. (a) When an arresting officer attempts to take a person arrested for a misdemeanor or infraction of this code before a magistrate and the magistrate or person authorized to act for him or her is not available, the arresting officer shall take the person arrested, without unnecessary delay, before one of the following: (1) The clerk of the magistrate, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code. (2) The officer in charge of the most accessible county or city jail or other place of detention within the county, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code or may, in lieu of bail, release the person on his or her written promise to appear as provided in subdivisions (a) to (f), inclusive, of Section 853.6 of the Penal Code. (b) Whenever a person is taken into custody pursuant to subdivision (a) of Section 40302 and is arrested for a misdemeanor or infraction of this code pertaining to the operation of a motor vehicle, the officer in charge of the most accessible county or city jail or other place of detention within the county may detain the person arrested for a reasonable period of time, not to exceed two hours, in order to verify his or her identity. (Amended by Stats. 2007, Ch. 738, Sec. 44. Effective January 1, 2008.)
  136. 40309.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a parking violation notice is issued, the parking penalty may be mailed to the person authorized to receive it, and the payment counts only when it is actually received.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40309. Whenever a notice of parking violation is issued in accordance with Sections 40202 and 40203, or a notice of delinquent parking violation is issued pursuant to Section 40206, the amount fixed as a parking penalty for the violation charged may be forwarded by United States mail to the person authorized to receive a deposit of the parking penalty. Payment of a parking penalty forwarded by mail is effective only when actually received, and the presumption that a letter duly directed and mailed was received does not apply. Section 40512 is applicable to a parking penalty posted pursuant to this section. (Amended by Stats. 1986, Ch. 939, Sec. 16.)
  137. 40310.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The Judicial Council must adopt a uniform traffic penalty schedule for nonparking infractions, with limited case-by-case adjustments by a judge or authorized hearing officer.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40310. The Judicial Council shall annually adopt a uniform traffic penalty schedule which shall be applicable to all nonparking infractions specified in this code, unless in a particular case before the court the judge or authorized hearing officer specifies a different penalty. No penalty shall be established for any infraction in an amount, exclusive of any additional penalty levied pursuant to Section 1464 of the Penal Code, in excess of the amount of the maximum fine pursuant to Section 42001 or 42001.5, and penalties shall be set without regard to residence. In case a traffic penalty is not paid within 20 days following mailing of a notice that the penalty has been assessed, a late charge shall be due in the amount of 50 percent of total initial penalty. In establishing a uniform traffic penalty schedule, the Judicial Council shall classify the offenses into four or fewer penalty categories, according to the severity of offenses, so as to permit convenient notice and payment of the scheduled penalty. (Amended by Stats. 1992, Ch. 696, Sec. 93. Effective September 15, 1992.)
  138. 40311.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If someone is arrested under a warrant, the court may arraign that person right away for another alleged code or traffic ordinance violation, if the person consents.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40311. Whenever a person is arrested under authority of a warrant, the court to which such person is taken shall, with his consent, have jurisdiction to arraign him at that time for any other alleged violation of this code or an ordinance relating to traffic offenses for which he has been issued a written notice to appear in court, notwithstanding the fact that the time for appearance specified in such notice has not yet arrived. (Added by Stats. 1959, Ch. 977.)
  139. 40312.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer may not arrest someone on an outstanding warrant for a code violation if the person shows a court receipt proving the fine was paid.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40312. A peace officer shall not arrest, on the basis of an outstanding warrant arising from a violation of this code, any person who presents to the peace officer a receipt, from a proper official of the court, indicating that the person has paid the fine for the violation that caused the warrant to be issued. The receipt shall contain sufficient information to identify the name and number of the court issuing the receipt, the date the case was adjudicated or the fine was paid, the case number or docket number, and the violations disposed of. (Added by Stats. 1982, Ch. 290, Sec. 1.)
  140. 40313.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a notice of reexamination was issued, the arrest record and any notice to appear must note it, and the driver’s license record must also contain that notice record. The notice-of-reexamination record is confidential by the department.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Arrests [40300 - 40313] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40313. If a notice of reexamination was issued pursuant to Section 21061, the record of arrest for the traffic violation, or any notice to appear issued under this article, or both, shall include a notation indicating that the notice of reexamination was issued to the arrested person and the driver’s license record maintained by the department shall contain a record of the notice of reexamination. The record of the notice of reexamination shall be considered confidential by the department pursuant to Section 1808.5. (Added by Stats. 1986, Ch. 304, Sec. 5. Operative July 1, 1987, by Sec. 6 of Ch. 304.)
  141. 405.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motor-driven cycle” as a motorcycle with a motor under 150 cubic centimeters, and excludes motorized bicycles defined elsewhere.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 405. A “motor-driven cycle” is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. (Amended by Stats. 1995, Ch. 342, Sec. 1. Effective January 1, 1996.)
  142. 40500.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section requires officers to issue a written notice to appear after certain non-felony arrests and sets rules for thumbprints, dismissal review, and later court handling.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40500. (a) Whenever a person is arrested for any violation of this code not declared to be a felony, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, as provided in this chapter, the arresting officer shall prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, containing the name and address of the person, the license number of his or her vehicle, if any, the name and address, when available, of the registered owner or lessee of the vehicle, the offense charged and the time and place when and where he or she shall appear. If the arrestee does not have a driver’s license or other satisfactory evidence of identity in his or her possession, the officer may require the arrestee to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. (b) The Judicial Council shall prescribe the form of the notice to appear. (c) Nothing in this section requires the law enforcement agency or the arresting officer issuing the notice to appear to inform any person arrested pursuant to this section of the amount of bail required to be deposited for the offense charged. (d) Once the arresting officer has prepared the written notice to appear, and has delivered a copy to the arrested person, the officer shall deliver the remaining original and all copies of the notice to appear as provided by Section 40506. Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate or judge to receive a deposit of bail, is guilty of a misdemeanor. If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer or other officer of the issuing agency, determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate or judge that the case be dismissed. The recommendation shall cite the reasons for the recommendation and be filed with the court. If the magistrate or judge makes a finding that there are grounds for dismissal, the finding shall be entered on the record and the infraction or misdemeanor dismissed. Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for dismissal. (e) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court determines that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court determines that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (Amended by Stats. 2003, Ch. 467, Sec. 7. Effective January 1, 2004.)
  143. 40501.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A notice to appear must set a specific date at least 21 days after arrest, unless the court allows an earlier appearance or, in juvenile cases, directs the officer to mark the notice “to be notified.”

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40501. (a) The time specified in the notice to appear shall be a specific date which is at least 21 days after the arrest, except that the court having jurisdiction over the offense charged may authorize the arresting officer to specify on the notice that an appearance may be made before the time specified. (b) In the case of juveniles, the court having jurisdiction over the offense charged may require the arresting officer to indicate on the notice “to be notified” rather than specifying a specific date pursuant to subdivision (a). (Amended by Stats. 1986, Ch. 557, Sec. 1. Effective August 22, 1986.)
  144. 40502.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    The notice to appear must specify one of the permitted places for the person’s appearance, including certain magistrates, a bail-receiving clerk, or, for minors, juvenile court officials.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40502. The place specified in the notice to appear shall be any of the following: (a) Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made. (b) Upon demand of the person arrested, before a judge or other magistrate having jurisdiction of the offense at the county seat of the county in which the offense is alleged to have been committed. This subdivision applies only if the person arrested resides, or the person’s principal place of employment is located, closer to the county seat than to the magistrate nearest or most accessible to the place where the arrest is made. (c) Before a person authorized to receive a deposit of bail. The clerk and deputy clerks of the superior court are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of that court. (d) Before the juvenile court, a juvenile court referee, or a juvenile hearing officer within the county in which the offense charged is alleged to have been committed, if the person arrested appears to be under the age of 18 years. The juvenile court shall by order designate the proper person before whom the appearance is to be made. In a county that has implemented the provisions of Section 603.5 of the Welfare and Institutions Code, if the offense alleged to have been committed by a minor is classified as an infraction under this code, or is a violation of a local ordinance involving the driving, parking, or operation of a motor vehicle, the citation shall be issued as provided in subdivision (a), (b), or (c); provided, however, that if the citation combines an infraction and a misdemeanor, the place specified shall be as provided in subdivision (d). If the place specified in the notice to appear is within a county where a department of the superior court is to hold a night session within a period of not more than 10 days after the arrest, the notice to appear shall contain, in addition to the above, a statement notifying the person arrested that the person may appear before a night session of the court. (Amended by Stats. 2003, Ch. 149, Sec. 87. Effective January 1, 2004.)
  145. 40503.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    Speed-related notices and charging documents must state the approximate speed, the applicable prima facie or maximum speed limit, and any other exceeded speed limit that applies.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40503. Every notice to appear or notice of violation and every complaint or information charging a violation of any provision of this code regulating the speed of vehicles upon a highway shall specify the approximate speed at which the defendant is alleged to have driven and exactly the prima facie or maximum speed limit applicable to the highway at the time and place of the alleged offense and shall state any other speed limit alleged to have been exceeded if applicable to the particular type of vehicle or combination of vehicles operated by the defendant. (Amended by Stats. 1969, Ch. 1056.)
  146. 40504.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section requires the officer to give the notice to appear to the arrested person, and requires the arrested person to sign a written promise to appear to secure release.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40504. (a) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail by signing two copies of the notice which shall be retained by the officer, and the officer may require the arrested person, if this person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Thereupon, the arresting officer shall forthwith release the person arrested from custody. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. (b) Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested. (c) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court finds that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (Amended by Stats. 2003, Ch. 467, Sec. 8. Effective January 1, 2004.)
  147. 40505.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    When a traffic or police officer gives a notice to appear or notice of violation, the notice must include the same information as the copy filed with the magistrate, and the officer must not add undisclosed written allegations or information to the filed notice.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40505. Whenever any traffic or police officer delivers a notice to appear or notice of violation charging an offense under this code to any person, it shall include all information set forth upon the copy of the notice filed with a magistrate and no traffic or police officer shall set forth on any notice filed with a magistrate or attach thereto or accompany the notice with any written statement giving information or containing allegations which have not been delivered to the person receiving the notice to appear or notice of violation. (Amended by Stats. 1969, Ch. 1056.)
  148. 40506.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    An officer must file copies of the notice with specified officials as soon as practicable.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40506. The officer shall, as soon as practicable, file a copy of the notice with the magistrate or before a person authorized by the magistrate or judge to receive a deposit of bail specified therein, and a copy with the commissioner, chief of police, sheriff or other superior officer of the arresting officer. (Enacted by Stats. 1959, Ch. 3.)
  149. 40506.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    Before the appearance date and without posting bail, the defendant may ask for a continuance of the written promise to appear.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40506.5. Prior to the date upon which the defendant promised to appear and without depositing bail, the defendant may request a continuance of the written promise to appear. A judge of the superior court may authorize the clerk to grant the continuance. (Amended by Stats. 2002, Ch. 784, Sec. 604. Effective January 1, 2003.)
  150. 40507.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

    Verify source ↗

    A written promise to appear in court may be satisfied by an appearance by counsel.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40507. A written promise to appear in court may be complied with by an appearance by counsel. (Enacted by Stats. 1959, Ch. 3.)
  151. 40508.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A person who willfully breaks a written promise to appear, fails to pay certain bail or fines on time without lawful excuse, or willfully disobeys a court-order condition under this section is guilty of a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40508. (a) A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. (b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. (c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of their subsequent compliance with the order. (Amended by Stats. 2023, Ch. 356, Sec. 2. (AB 1125) Effective January 1, 2024.)
  152. 40508.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A superior court in any county may set an administrative assessment of up to $10 for certain clerical and recordkeeping costs.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40508.6. The superior court in any county may establish administrative assessments, not to exceed ten dollars ($10), for clerical and administrative costs incurred for recording and maintaining a record of the defendant’s prior convictions for violations of this code. The assessment shall be payable at the time of payment of a fine or when bail is forfeited for any subsequent violations of this code other than parking, pedestrian, or bicycle violations. (Amended by Stats. 2022, Ch. 800, Sec. 22. (AB 2746) Effective January 1, 2023.)
  153. 40509.1.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A magistrate or court clerk may notify the department when a person willfully fails to comply with a court order issued for a Vehicle Code violation, except for failures to appear, pay a fine, or attend traffic violator school.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40509.1. If any person has willfully failed to comply with a court order, except a failure to appear, to pay a fine, or to attend traffic violator school, which was issued for a violation of this code, the magistrate or clerk of the court may give notice of the fact to the department. (Amended by Stats. 1998, Ch. 877, Sec. 77. Effective January 1, 1999.)
  154. 40510.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A defendant may deposit bail before the appearance date or related continuance, and certain non-felony bail or penalty deposits may be paid by personal check if the subdivision (c) criteria are met.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40510. (a) Prior to the date upon which a defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, the defendant may deposit bail with the magistrate or the person authorized to receive a deposit of bail. (b) For any offense which is not declared to be a felony, a deposit of bail or a penalty may be by a personal check meeting the criteria established in accordance with subdivision (c). (c) Each court, sheriff, or other agency which regularly accepts deposits of bail or penalties, shall adopt a written policy governing the acceptance of personal checks in payment of bail or penalty deposits. The policy shall permit clerks and other appropriate officers to accept personal checks under conditions which tend to assure the validity of the checks. (d) The written policy governing the acceptance of personal checks adopted pursuant to subdivision (c) shall provide that the payee of the deposit made by personal check shall be the agency accepting the deposit. (Amended by Stats. 1992, Ch. 1244, Sec. 34. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.)
  155. 40510.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A court clerk may accept at least 10% of the bail amount for certain infraction cases if specific conditions are met, and the rest can be paid under an installment agreement.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40510.5. (a) The clerk of the court may accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of this code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, if all of the following circumstances exist: (1) The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to this code. (2) The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense. (3) The offense does not require an appearance in court. (4) The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations. (b) When a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement. (c) Except for subdivisions (b) and (c) of Section 1269b and Section 1305.1, the provisions of Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code do not apply to an agreement to pay and forfeit bail in installments under this section. (d) For the purposes of reporting violations of this code to the department under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction. (e) When the defendant fails to make an installment payment according to an agreement under subdivision (a) above, the court may charge a failure to appear or pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code or issue an arrest warrant for a failure to appear. (f) Payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions. (g) This section shall become operative on January 1, 2022. (Repealed (in Sec. 43) and added by Stats. 2021, Ch. 257, Sec. 44. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)
  156. 40511.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    If bail has not already been fixed and approved, the magistrate must set a reasonable bail amount and sign the required notice statement.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40511. If bail has not been previously fixed and approved by the judges of the court in accordance with a schedule of bail, the magistrate shall fix the amount of bail which in his judgment, in accordance with Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. (Enacted by Stats. 1959, Ch. 3.)
  157. 40512.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    If a defendant fails to appear at arraignment or a compliance appearance, the magistrate or court may forfeit bail and may order no further proceedings, with specific exceptions. The section also directs payment and billing rules for guaranteed traffic arrest bail bond certificates.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40512. (a) (1) Except as specified in paragraph (2) and subdivision (b), if at the time the case is called for arraignment before the magistrate the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his or her discretion, order that no further proceedings be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and he or she has been previously convicted of the same offense, except if the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings shall be had in the case. (2) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700). (b) (1) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has entered into a bail installment agreement pursuant to Section 40510.5 but has not made an installment payment as agreed and does not appear, either in person or by counsel, the court may continue the arraignment to a date beyond the last agreed upon installment payment, issue a warrant of arrest, or impose a civil assessment as provided in Section 1214.1 of the Penal Code for the failure to appear. (2) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has paid all required bail funds and the defendant does not appear, either in person or by counsel, the court may order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and he or she has been previously convicted of the same offense, except that if the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may order that no further proceedings shall be had in the case. (c) Upon the making of the order that no further proceedings shall be had, all sums deposited as bail shall be paid into the city or county treasury, as the case may be. (d) If a guaranteed traffic arrest bail bond certificate has been filed, the clerk of the court shall bill the issuer for the amount of bail fixed by the uniform countywide schedule of bail required under subdivision (c) of Section 1269b of the Penal Code. (e) Upon presentation by a court of the bill for a fine or bail assessed against an individual covered by a guaranteed traffic arrest bail bond certificate, the issuer shall pay to the court the amount of the fine or forfeited bail that is within the maximum amount guaranteed by the terms of the certificate. (f) The court shall return the guaranteed traffic arrest bail bond certificate to the issuer upon receipt of payment in accordance with subdivision (d). (Amended by Stats. 2007, Ch. 738, Sec. 49. Effective January 1, 2008.)
  158. 40512.5.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    If the defendant fails to appear at trial, the court may forfeit bail and may stop the case; in some repeat-violation cases, a bench warrant is required unless undue hardship is found. Surety bail may seek relief from forfeiture if the deposited amount is over $700.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40512.5. (a) Except as specified in subdivision (b), if at the time the case is called for trial the defendant does not appear, either in person or by counsel, and has not requested in writing that the trial proceed in his or her absence, the court may declare the bail forfeited and may, in its discretion, order that no further proceedings be had in the case, or the court may act pursuant to Section 1043 of the Penal Code. However, if the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and he or she has been previously convicted of a violation of the same section, the court may declare the bail forfeited, but shall issue a bench warrant for the arrest of the person charged, except if the magistrate finds that undue hardship will be imposed upon the defendant by requiring him or her to appear, the magistrate may declare the bail forfeited and order that no further proceedings shall be had in the case. (b) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700). (Amended by Stats. 1993, Ch. 524, Sec. 7. Effective January 1, 1994.)
  159. 40512.6.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    If a defendant assigned to traffic violator school does not finish the program on time, the court may convert the paid fee to bail, forfeit the bail, and may end the case without further proceedings.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40512.6. (a) If a defendant who elects or is ordered to attend a traffic violator school in accordance with Section 42005 and has paid the full traffic violator school bail amount required under Section 42007 fails to successfully complete the program within the time ordered by the court or any extension thereof, the court may, following notice to the defendant, order that the fee paid by the defendant be converted to bail and declare the bail forfeited. The bail forfeiture under this section shall be distributed as provided by Section 42007. Upon forfeiture of the bail, the court may order that no further proceedings shall be had in the case. (b) This section shall become operative on July 1, 2011. (Repealed (in Sec. 11) and added by Stats. 2010, Ch. 599, Sec. 11.5. (AB 2499) Effective January 1, 2011. Section operative July 1, 2011, by its own provisions.)
  160. 40513.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section says a written notice to appear can act as a complaint and sets when the defendant may plead, request a verified complaint, or proceed without one.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40513. (a) Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or “nolo contendere.” If, however, the defendant violates his or her promise to appear in court or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed that shall conform to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code, which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (b) Notwithstanding subdivision (a), whenever the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed. In the case of an infraction violation in which the defendant is a minor, the defendant may enter a plea at the arraignment upon a written notice to appear. Notwithstanding any other provision of law, in the case of an infraction violation, no consent of the minor is required prior to conducting the hearing upon a written notice to appear. (Amended by Stats. 2001, Ch. 830, Sec. 1. Effective January 1, 2002.)
  161. 40514.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A warrant may not be issued for the arrest of a person who gave a written promise to appear unless that person breaches the promise, fails to deposit bail, or fails to appear or comply as required.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40514. No warrant shall issue on the charge for the arrest of a person who has given his written promise to appear in court or before a person authorized to receive a deposit of bail, unless he has violated the promise, the lawfully granted continuance of his promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (Amended by Stats. 1979, Ch. 235.)
  162. 40515.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A magistrate may issue an arrest warrant after certain promise-to-appear or bail failures, and an officer must immediately send the promise-to-appear papers to the magistrate in some cases.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40515. (a) When a person signs a written promise to appear or is granted a continuance of his or her promise to appear at the time and place specified in the written promise to appear or the continuance thereof, and has not posted full bail or has failed to pay an installment of bail as agreed to under Section 40510.5, the magistrate may issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear before the magistrate or pay an installment of bail as agreed, or if the person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he or she promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense. (b) When the person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Amended by Stats. 2007, Ch. 738, Sec. 51. Effective January 1, 2008.)
  163. 40516.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section makes warrant-execution costs chargeable to the city or county involved, requires the commissioner or director to certify those costs to the Controller, and requires a peace officer to transfer an unexecuted warrant on demand after 30 days.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40516. (a) The expenses incurred by the Department of the California Highway Patrol and the Department of Motor Vehicles in executing any warrant issued as a result of a notice to appear issued by a member of the California Highway Patrol shall be a legal charge against the city or county in which jurisdiction the warrant was issued except where the commissioner authorizes the acceptance of a warrant for execution within 30 days of the date of its issuance. (b) The commissioner or director shall certify to the Controller the cost of executing warrants on behalf of each city or county under this section. The departments shall be reimbursed for costs as provided in Section 11004.5 of the Revenue and Taxation Code. (c) The peace officer to whom a warrant has been delivered for execution, upon demand, shall transfer the warrant, if it has not been executed within 30 days of the date of its issuance, to any member of the California Highway Patrol or to the Department of Motor Vehicles for execution. (Amended by Stats. 1959, Ch. 1996.)
  164. 40518.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section requires a notice to appear to include specific identifying and court-appearance information, allows a dismissal recommendation in some cases, and forbids certain agencies and vendors from altering approved forms.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40518. (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the Judicial Council for an alleged violation of Section 22451, or, based on an alleged violation of Section 21453, 21455, or 22101 recorded by an automated traffic enforcement system pursuant to Section 21455.5 or 22451, and delivered by mail within 15 days of the alleged violation to the current address of the registered owner of the vehicle on file with the department, with a certificate of mailing obtained as evidence of service, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea. Preparation and delivery of a notice to appear pursuant to this section is not an arrest. (b) (1) A notice to appear shall contain the name and address of the person, the license plate number of the person’s vehicle, the violation charged, including a description of the offense, and the time and place when, and where, the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered. If, after the notice to appear has been issued, the citing peace officer or qualified employee of a law enforcement agency determines that, in the interest of justice, the citation or notice should be dismissed, the citing agency may recommend, in writing, to the magistrate or the judge that the case be dismissed. The recommendation shall cite the reasons for the recommendation and be filed with the court. If the magistrate or judge makes a finding that there are grounds for dismissal, the finding shall be entered on the record and the infraction dismissed. (2) A notice to appear shall also contain all of the following information: (A) The methods by which the registered owner of the vehicle or the alleged violator may view and discuss with the issuing agency, both by telephone and in person, the evidence used to substantiate the violation. (B) The contact information of the issuing agency. (c) (1) This section and Section 40520 do not preclude the issuing agency or the manufacturer or supplier of the automated traffic enforcement system from mailing a notice of nonliability to the registered owner of the vehicle or the alleged violator prior to issuing a notice to appear. The notice of nonliability shall be substantively identical to the following form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: Forms relating to the Notice of Nonliability appear in the hard-copy publication of the chaptered bill. See Sec. 4, Chapter 735 (pp. 7–8), Statutes of 2012. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (2) The form specified in paragraph (1) may be translated to other languages. (d) A manufacturer or supplier of an automated traffic enforcement system or the governmental agency operating the system shall not alter the notice to appear or any other form approved by the Judicial Council. If a form is found to have been materially altered, the citation based on the altered form may be dismissed. (Amended by Stats. 2012, Ch. 735, Sec. 4. (SB 1303) Effective January 1, 2013. Note: See published chaptered bill for complete section text. Forms relating to the Notice of Nonliability appear on pages 7 to 8 of Ch. 735.)
  165. 40519.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    People who receive a written notice to appear for an infraction may use this process to deposit bail and plead not guilty without appearing in person, but they must follow the mailing and court-notice timing rules.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40519. (a) Any person who has received a written notice to appear for an infraction may, prior to the time at which the person is required to appear, make a deposit and declare the intention to plead not guilty to the clerk of the court named in the notice to appear. The deposit shall be in the amount of bail established pursuant to Section 1269b of the Penal Code, together with any assessment required by Section 42006 of this code or Section 1464 of the Penal Code, for the offense charged, and shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place scheduled by the clerk for arraignment and for trial, and to apply toward the payment of any fine or assessment prescribed by the court in the event of conviction. The case shall thereupon be set for arraignment and trial on the same date, unless the defendant requests separate arraignment. A deposit of bail under this section does not constitute entry of a plea or a court appearance. A plea of not guilty under this section must be made in court at the arraignment. (b) Any person who has received a written notice to appear may, prior to the time at which the person is required to appear, plead not guilty in writing in lieu of appearing in person. The written plea shall be directed to the court named in the notice to appear and, if mailed, shall be sent by certified or registered mail postmarked not later than five days prior to the day upon which appearance is required. The written plea and request to the court or city agency shall be accompanied by a deposit consisting of the amount of bail established pursuant to Section 1269b of the Penal Code, together with any assessment required by Section 42006 of this code or Section 1464 of the Penal Code, for that offense, which amount shall be used for the purpose of guaranteeing the appearance of the defendant at the time and place set by the court for trial and to apply toward the payment of any fine or assessment prescribed by the court in the event of conviction. Upon receipt of the plea and deposit, the case shall be set for arraignment and trial on the same date, unless the defendant requests separate arraignment. Thereafter, the case shall be conducted in the same manner as if the defendant had appeared in person, had made his or her plea in open court, and had deposited that sum as bail. The court or the clerk of the court shall notify the accused of the time and place of trial by first-class mail postmarked at least 10 days prior to the time set for the trial. Any person using this procedure shall be deemed to have waived the right to be tried within the statutory period. (c) Any person using the procedure set forth in subdivision (a) or (b) shall be deemed to have given a written promise to appear at the time designated by the court for trial, and failure to appear at the trial shall constitute a misdemeanor. (Amended by Stats. 2009, Ch. 35, Sec. 30. (SB 174) Effective January 1, 2010.)
  166. 40520.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section requires certain automatic-enforcement notices to include nonliability information and lets rental or leasing companies return a notice of nonliability in specified cases.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40520. (a) A notice to appear issued pursuant to Section 40518 for an alleged violation recorded by an automatic enforcement system shall contain, or be accompanied by, an affidavit of nonliability and information as to what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency. (b) (1) If a notice to appear is sent to a car rental or leasing company, as the registered owner of the vehicle, the company may return the notice of nonliability pursuant to paragraph (2), if the violation occurred when the vehicle was either leased or rented and operated by a person other than an employee of the rental or leasing company. (2) If the affidavit of nonliability is returned to the issuing agency by the registered owner within 30 days of the mailing of the notice to appear together with the proof of a written rental agreement or lease between a bona fide renting or leasing company and its customer and that agreement identifies the renter or lessee and provides the driver’s license number, name, and address of the renter or lessee, the agency shall cancel the notice for the registered owner to appear and shall, instead, issue a notice to appear to the renter or lessee identified in the affidavit of nonliability. (c) Nothing in this section precludes an issuing agency from establishing a procedure whereby registered owners, other than bona fide renting and leasing companies, may execute an affidavit of nonliability if the registered owner identifies the person who was the driver of the vehicle at the time of the alleged violation and whereby the issuing agency issues a notice to appear to that person. (Added by Stats. 1998, Ch. 828, Sec. 26. Effective January 1, 1999.)
  167. 40521.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A person with a notice to appear may mail the bail and any assessment, unless personal appearance is required, but payment must be received by the appearance date or the end of any lawful continuance.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40521. (a) Except when personal appearance is required by the bail schedule established under Section 1269b of the Penal Code, a person to whom a notice to appear has been issued under Section 40500, who intends to forfeit bail and to pay any assessment may forward by United States mail the full amount fixed as bail, together with the appropriate amount of any assessment, to the person authorized to receive a deposit of bail. The amounts may be paid in the form of a personal check which meets the criteria established pursuant to subdivision (c) of Section 40510, or a bank cashier’s check or a money order. Bail and any assessment shall be paid not later than the day of appearance set forth in the notice to appear or prior to the expiration of any lawful continuance of that date. (b) Bail forwarded by mail is effective only when the funds are actually received. (c) Paragraph (1) of subdivision (a) of Section 40512 is applicable to bail paid pursuant to this section. Upon the making of the order pursuant to Section 40512 that no further proceedings be had, the amount paid as bail shall be paid into the city or county treasury, as the case may be, and the assessment shall be transmitted to the State Treasury in the manner provided in Section 1464 of the Penal Code. (Amended by Stats. 2007, Ch. 738, Sec. 52. Effective January 1, 2008.)
  168. 40522.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    When a qualifying arrestee gets a notice to appear, the officer must note the offense and the court must dismiss the citation if proof of correction is presented on time.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Release Upon Promise to Appear [40500 - 40522] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40522. Whenever a person is arrested for violations specified in Section 40303.5 and none of the disqualifying conditions set forth in subdivision (b) of Section 40610 exist, and the officer issues a notice to appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed on proof of correction. If the arrested person presents, by mail or in person, proof of correction, as prescribed in Section 40616, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations charged pursuant to Section 40303.5. (Amended by Stats. 1992, Ch. 258, Sec. 5. Effective January 1, 1993.)
  169. 406.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    A motorized bicycle or moped is defined by its wheels, pedals or electric power, transmission, motor power, and top speed; manufacturers must give buyers a required insurance disclosure.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 406. (a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. (b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements: (1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure. (2) The disclosure shall include the following language in capital letters: “YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.” (Amended by Stats. 2015, Ch. 568, Sec. 2. (AB 1096) Effective January 1, 2016.)
  170. 40600.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Notice of Violation [40600 - 40604] ( Article 3 added by Stats. 1969, Ch. 1056. )

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    A qualified peace officer may prepare a written notice to appear after a traffic-accident investigation if there is reasonable cause to believe a non-felony code or local-ordinance violation helped cause the accident.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Notice of Violation [40600 - 40604] ( Article 3 added by Stats. 1969, Ch. 1056. ) ## 40600. (a) Notwithstanding any other provision of law, a peace officer who has successfully completed a course or courses of instruction, approved by the Commission on Peace Officer Standards and Training, in the investigation of traffic accidents may prepare, in triplicate, on a form approved by the Judicial Council, a written notice to appear when the peace officer has reasonable cause to believe that any person involved in a traffic accident has violated a provision of this code not declared to be a felony or a local ordinance and the violation was a factor in the occurrence of the traffic accident. (b) A notice to appear shall contain the name and address of the person, the license number of the person’s vehicle, if any, the name and address, when available, of the registered owner or lessee of the vehicle, the offense charged, and the time and place when and where the person may appear in court or before a person authorized to receive a deposit of bail. The time specified shall be at least 10 days after the notice to appear is delivered. (c) The preparation and delivery of a notice to appear pursuant to this section is not an arrest. (d) For purposes of this article, a peace officer has reasonable cause to issue a written notice to appear if, as a result of the officer’s investigation, the officer has evidence, either testimonial or real, or a combination of testimonial and real, that would be sufficient to issue a written notice to appear if the officer had personally witnessed the events investigated. (e) As used in this section, “peace officer” means any person specified under Section 830.1 or 830.2 of the Penal Code, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, with the exception of members of the California National Guard. (f) A written notice to appear prepared on a form approved by the Judicial Council and issued pursuant to this section shall be accepted by any court. (Amended by Stats. 2003, Ch. 292, Sec. 12. Effective January 1, 2004.)
  171. 40604.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Notice of Violation [40600 - 40604] ( Article 3 added by Stats. 1969, Ch. 1056. )

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    This section requires notice contents and sets deadlines before an arrest warrant may issue in certain cases.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 3. Notice of Violation [40600 - 40604] ( Article 3 added by Stats. 1969, Ch. 1056. ) ## 40604. (a) If the person charged with the offense has not signed a promise to appear, no warrant for arrest may be issued following the filing of the written notice to appear issued pursuant to Section 40600, until 15 days after a notice of the filing has been served upon the person by personal delivery or by mail, addressed to the person at the address shown in the accident report. (b) The notice shall contain the name and address of the person, the license number of the vehicle involved, the name and address, when available, of the registered owner or lessee of the vehicle, the offense shown on the written notice to appear, and the approximate time of the commission of the offense. The notice shall inform the person that, unless he or she appears in the court designated in the notice within 10 days after the service of the notice and answers the charges, a warrant will be issued for his or her arrest. (c) Proof of service shall be made by the affidavit of any person over 18 years of age making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this section. If service is made by mail, no warrant for arrest may be issued until 14 days after the deposit of the notice of filing in the mail. (Amended by Stats. 1992, Ch. 1243, Sec. 107.7. Effective September 30, 1992. Operative January 1, 1993, by Sec. 118 of Ch. 1243.)
  172. 40611.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. )

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    The clerk must collect a $25 transaction fee in specified correction-proof situations, deposit the fees as directed, and no fee may be imposed if the notice is handled only by the issuing agency and nothing is sent to court.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. ) ## 40611. (a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code. (b) (1) For each citation, ten dollars ($10) shall be allocated monthly as follows: (A) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in the general fund of the entity. (B) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code. (C) Thirty-three percent shall be deposited in the county general fund. (2) The remainder of the fees collected on each citation shall be deposited in the State Court Facilities Construction Fund, established in Section 70371 of the Government Code. (c) No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court. (Amended by Stats. 2021, Ch. 79, Sec. 37. (AB 143) Effective July 16, 2021.)
  173. 40612.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. )

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    When a notice to correct is signed, an exact, legible copy must be delivered to the alleged violator at that time.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. ) ## 40612. An exact, legible copy of the notice to correct shall be delivered to the alleged violator at the time he or she signs such notice. (Added by Stats. 1978, Ch. 1350.)
  174. 40614.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. )

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    A person must not sign a notice to correct or a certificate of correction using a false or fictitious name.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. ) ## 40614. Any person who signs a notice to correct or a certificate of correction with a false or fictitious name is guilty of a misdemeanor. (Added by Stats. 1978, Ch. 1350.)
  175. 40616.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. )

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    Willfully breaking a written promise to correct a violation, or willfully failing to provide proof of correction, is a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. ) ## 40616. Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected: (a) Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2. (b) Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court. (c) Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code. (Amended by Stats. 2023, Ch. 681, Sec. 27. (AB 1263) Effective January 1, 2024.)
  176. 40618.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. )

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    If proof of correction is not received, the issuing agency may send the signed promise and a certification to the court; if the form is Judicial Council-approved, that filing can count as a complaint and may support a warrant if verified.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Procedure on Arrests [40300 - 40618] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 4. Notice to Correct Violation [40610 - 40618] ( Article 4 added by Stats. 1978, Ch. 1350. ) ## 40618. Whenever proof of correction of violation is not received by the issuing agency in accordance with Section 40610, the issuing agency may deliver the signed promise to the court having jurisdiction of the violation with a certification that no proof of correction has been received. If prepared on a form approved by the Judicial Council, the promise under Section 40610, together with the certification under this section, shall constitute a complaint to which the defendant may enter a plea, and upon which a warrant may be issued if the complaint is verified. (Added by Stats. 1978, Ch. 1350.)
  177. 407.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motorized quadricycle” and “motorized tricycle” by wheel count, passenger limit, motor type, horsepower, and top speed, and limits use of the device to certain disabled persons or senior citizens.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 407. A “motorized quadricycle” is a four-wheeled device, and a “motorized tricycle” is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000. (Amended by Stats. 1993, Ch. 1292, Sec. 3. Effective January 1, 1994.)
  178. 407.5.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motorized scooter” and requires manufacturers to give buyers two disclosures: insurance coverage may not apply, and buyers may not alter the exhaust system to create excessive noise or fail emission requirements.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 407.5. (a) A “motorized scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter. (b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter. (c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided. (2) The disclosure required under paragraph (1) shall meet both of the following requirements: (A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure. (B) The disclosure shall include the following language in capital letters: “YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.” (d) (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements. (2) The disclosure required under paragraph (1) shall meet both of the following requirements: (A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure. (B) The disclosure shall include the following language in capital letters: ## “YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156.” (Amended by Stats. 2021, Ch. 311, Sec. 2. (SB 814) Effective January 1, 2022.)
  179. 408.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motor carrier.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 408. “Motor carrier” is the registered owner, lessee, licensee, or bailee of any vehicle set forth in Section 34500, who operates or directs the operation of any such vehicle on either a for-hire or not-for-hire basis. “Motor carrier” also includes a motor carrier’s agents, officers, and representatives, as well as employees responsible for the hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories. (Amended by Stats. 2016, Ch. 208, Sec. 7. (AB 2906) Effective January 1, 2017.)
  180. 40800.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Traffic officers enforcing Division 10 or 11 must wear a full distinctive uniform, and any vehicle they use on duty must be a distinctive color specified by the commissioner.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40800. (a) A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000) shall wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, it shall be a distinctive color specified by the commissioner. (b) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle, failure of a person to stop in the event of an accident, violation of Section 23109 or 23109.1, in reference to a felony charge, or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. (Amended by Stats. 2016, Ch. 59, Sec. 9. (SB 1474) Effective January 1, 2017.)
  181. 40801.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Peace officers or other persons may not use a speed trap to arrest someone or to gather speed evidence for an arrest or prosecution.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. (Enacted by Stats. 1959, Ch. 3.)
  182. 40802.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines when a roadway condition counts as a “speed trap,” including certain highway sections measured by distance and certain prima facie speed limits not supported by a recent engineering and traffic survey.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40802. (a) A “speed trap” is either of the following: (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance pursuant to Section 22352, 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, school zone, senior zone, business activity district, or speed limit adopted under Section 22358.7 or 22358.8. (b) (1) For purposes of this section, a local street or road is one that is functionally classified as “local” on the “California Road System Maps,” that are approved by the Federal Highway Administration and maintained by the Department of Transportation. It may also be defined as a “local street or road” if it primarily provides access to abutting residential property and meets the following three conditions: (A) Roadway width of not more than 40 feet. (B) Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445. (C) Not more than one traffic lane in each direction. (2) For purposes of this section, “school zone” has the same meaning as defined in Section 22352. (3) For purposes of this section, “senior zone” means that area approaching or passing a senior center building or other facility primarily used by senior citizens, or the grounds thereof that is contiguous to a highway and on which is posted a standard “SENIOR” warning sign, pursuant to Section 22352. (4) For purposes of this section, “business activity district” means a section of highway described in subdivision (b) of Section 22358.9 in which a standard 25 miles per hour or 20 miles per hour speed limit sign has been posted pursuant to paragraph (1) of subdivision (a) of that section. (c) (1) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable: (A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B) When a laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or 22406. (D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Highway Traffic Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2) A “speed trap” is either of the following: (A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph (1) of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects: (I) Except as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 14 years. (ii) This subparagraph does not apply to a local street, road, or school zone, senior zone, business activity district, or speed limit adopted under Section 22358.4, 22358.7, or 22358.8. (Amended by Stats. 2025, Ch. 555, Sec. 5. (AB 382) Effective January 1, 2026.)
  183. 40803.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Courts may not admit speed evidence obtained through a speedtrap, and prosecutors must show the evidence is not speedtrap-based in relevant speeding cases.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40803. (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap. (b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. (c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802. (Amended by Stats. 1996, Ch. 124, Sec. 147. Effective January 1, 1997.)
  184. 40804.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    In speeding prosecutions, a witness is incompetent if the testimony comes from a speed trap, and certain arresting officers are also incompetent as witnesses unless they meet the uniform and vehicle requirements.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40804. (a) In any prosecution under this code upon a charge involving the speed of a vehicle, an officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from or by the maintenance or use of a speed trap. (b) An officer arresting, or participating or assisting in the arrest of, a person so charged while on duty for the exclusive or main purpose of enforcing the provisions of Divisions 10 (commencing with Section 20000) and 11 (commencing with Section 21000) is incompetent as a witness if at the time of that arrest he was not wearing a distinctive uniform, or was using a motor vehicle not painted the distinctive color specified by the commissioner. (c) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or 23109.1 or in reference to a felony charge or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. (Amended by Stats. 2007, Ch. 682, Sec. 19. Effective January 1, 2008.)
  185. 40805.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A court cannot enter a conviction in a speed-violation case if it admits evidence or testimony that was obtained unlawfully or is otherwise inadmissible under this article.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article. (Enacted by Stats. 1959, Ch. 3.)
  186. 40806.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a defendant pleads guilty, the trial court may not consider police, traffic officer, or witness reports before sentencing unless the defendant is fully informed and allowed to respond; the court must grant a continuance if the defendant asks for one.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40806. In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not at any time prior to pronouncing sentence receive or consider any report, verbal or written, of any police or traffic officer or witness of the offense without fully informing the defendant of all statements in the report or statement of witnesses, or without giving the defendant an opportunity to make answer thereto or to produce witnesses in rebuttal, and for such purpose the court shall grant a continuance before pronouncing sentence if requested by the defendant. (Enacted by Stats. 1959, Ch. 3.)
  187. 40807.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    In criminal cases, courts may not admit records of DMV action against a person’s driving privilege, or testimony about related hearings, except for specified enforcement, nondisclosure, or impeachment uses.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40807. No record of any action taken by the department against a person’s privilege to operate a motor vehicle, nor any testimony regarding the proceedings at, or concerning, or produced at, any hearing held in connection with such action, shall be admissible as evidence in any court in any criminal action. No provision of this section shall in any way limit the admissibility of such records or testimony as is necessary to enforce the provisions of this code relating to operating a motor vehicle without a valid driver’s license or when the driving privilege is suspended or revoked, the admissibility of such records or testimony in any prosecution for failure to disclose any matter at such a hearing when required by law to do so, or the admissibility of such records and testimony when introduced solely for the purpose of impeaching the credibility of a witness. (Added by Stats. 1977, Ch. 804.)
  188. 40808.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section says California Constitution article I, section 28(d) must not be read to отменate the evidentiary rules in this article.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Prosecutions Under Code [40800 - 40808] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 40808. Subdivision (d) of Section 28 of Article I of the California Constitution shall not be construed as abrogating the evidentiary provisions of this article. (Added by Stats. 1992, Ch. 538, Sec. 2. Effective January 1, 1993.)
  189. 40830.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A vehicle code violation does not automatically prove negligence in certain civil actions; negligence must instead be proven as a fact in the listed circumstances.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40830. In either of the following circumstances a violation of any provision of this code does not establish negligence as a matter of law, but in any civil action under either of the circumstances negligence must be proved as a fact without regard to the violation. The circumstances under which this section applies are either: (a) Where violation of the provision was required by a law of the federal government or by any rule, regulation, directive or order of any agency of the federal government, the violation of which is subject to penalty under an act of Congress or by any valid order of military authority. (b) Where violation of the provision was required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. (Amended by Stats. 1971, Ch. 438.)
  190. 40831.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    In a civil action, speeding above a prima facie limit does not by itself prove negligence as a matter of law.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40831. In any civil action proof of speed in excess of any prima facie limit declared in Section 22352 at a particular time and place does not establish negligence as a matter of law but in all such actions it shall be necessary to establish as a fact that the operation of a vehicle at the excess speed constituted negligence. (Enacted by Stats. 1959, Ch. 3.)
  191. 40832.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    In civil actions, courts may not admit the department’s suspension or revocation records, or testimony about the related hearing, as evidence.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40832. No record of the suspension or revocation of the privilege to operate a motor vehicle by the department, nor any testimony of or concerning or produced at the hearing terminating in the suspension or revocation, shall be admissible as evidence in any court in any civil action. (Enacted by Stats. 1959, Ch. 3.)
  192. 40833.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    In damages trials, certain accident-report and department materials cannot be referred to or used as evidence.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40833. Neither the report required by Sections 16000, 16001, 16002, or 16003, the action taken by the department pursuant to Chapter 1 of Division 7 (commencing at Section 16000), the findings, if any, of the department upon which action is based, nor the security filed as provided in that chapter shall be referred to in any way, or be any evidence of the negligence or due care of any party, at the trial of any action at law to recover damages. (Enacted by Stats. 1959, Ch. 3.)
  193. 40834.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    A conviction or Section 1816 finding cannot be used as res judicata or collateral estoppel in a later civil action.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3. Illegal Evidence [40800 - 40834] ( Chapter 3 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Civil Actions [40830 - 40834] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 40834. A judgment of conviction for any violation of this code or of any local ordinance relating to the operation of a motor vehicle or a finding reported under Section 1816 shall not be res judicata or constitute a collateral estoppel of any issue determined therein in any subsequent civil action. (Added by Stats. 1963, Ch. 1530.)
  194. 40900.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. )

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    A department verification of vehicle ownership sent electronically can be used as evidence in parking-violation proceedings.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. ) ## 40900. Notwithstanding any other provision of law, a verification by telegraph, teletype, facsimile transmission, or any other electronic device, from the department, of ownership of a vehicle registered pursuant to this code, is admissible in evidence as proof of ownership of the vehicle in any proceeding involving a parking violation of this code, or any local parking ordinance adopted pursuant to this code. (Amended by Stats. 1991, Ch. 13, Sec. 65. Effective February 13, 1991.)
  195. 40901.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. )

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    Courts may adopt rules for trying certain infractions, but must give defendants written notice of the proceeding and rights, confirm any waiver is knowing and voluntary, and provide a language-access explanation when the local non-English-speaking population exceeds 5 percent in one language.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. ) ## 40901. (a) A court, pursuant to this section, may by rule provide for the trial of any alleged infraction involving a violation of this code or any local ordinance adopted pursuant to this code. (b) The rules governing the trials may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500 and, notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, a business record or receipt. (c) Prior to the entry of a waiver of constitutional right pursuant to any rules adopted under this section, the court shall inform the defendant in writing of the nature of the proceedings and of his or her right to confront and cross-examine witnesses, to subpoena witnesses on his or her behalf, and to hire counsel at his or her own expense. The court shall ascertain that the defendant knowingly and voluntarily waives his or her right to be confronted by the witnesses against him or her, to subpoena witnesses in his or her behalf, and to hire counsel on his or her behalf before proceeding. (d) In any jurisdiction with a non-English speaking population exceeding 5 percent of the total population of the jurisdiction in any one language, a written explanation of the procedures and rights under this section shall be available in that language. (e) Except as set forth above, nothing contained herein shall be interpreted to permit the submission of evidence other than in accordance with the law, nor to prevent courts from adopting other rules to provide for trials in accordance with the law. (Amended by Stats. 1996, Ch. 124, Sec. 148. Effective January 1, 1997.)
  196. 40902.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. )

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    Courts must provide a rule allowing defendants to choose a trial by written declaration for covered infractions, and the Judicial Council may adopt related rules and forms.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. ) ## 40902. (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11. (2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1). (b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant. (c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. (d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo. (Amended by Stats. 1998, Ch. 265, Sec. 1. Effective January 1, 1999.)
  197. 40903.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. )

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    If a person fails to appear as required by law, they may be treated as having chosen a trial by written declaration for the alleged infraction.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 3.5. Evidence [40900 - 40903] ( Chapter 3.5 added by Stats. 1973, Ch. 616. ) ## 40903. (a) Any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code. (b) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, testimony and other relevant evidence may be introduced in the form of a notice to appear issued pursuant to Section 40500, a notice of parking violation issued pursuant to Section 40202, a notice of delinquent parking violation issued pursuant to Section 40206, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant. (Added by Stats. 1992, Ch. 696, Sec. 95. Effective September 15, 1992.)
  198. 410.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “motor truck” or “motortruck” as a motor vehicle primarily designed, used, or maintained to transport property.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 410. A “motor truck” or “motortruck” is a motor vehicle designed, used, or maintained primarily for the transportation of property. (Amended by Stats. 1993, Ch. 272, Sec. 11. Effective August 2, 1993.)
  199. 41100.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Presumptions [41100 - 41104] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    In an action about whether a vehicle was speeding on a highway with compliant speed-restriction signs, the law presumes the signs were properly authorized and that the posted limit is the prima facie speed limit.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Presumptions [41100 - 41104] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 41100. In any action involving the question of unlawful speed of a vehicle upon a highway which has been signposted with speed restriction signs of a type complying with the requirements of this code, it shall be presumed that existing facts authorize the erection of the signs and that the prima facie speed limit on the highway is the limit stated on the signs. This presumption may be rebutted. (Enacted by Stats. 1959, Ch. 3.)
  200. 41101.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Presumptions [41100 - 41104] ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

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    Traffic signs and traffic control devices placed about in line with the code are presumed to have been placed by lawful authority, and signs or devices placed under the code are presumed to comply with the code unless contrary competent evidence is shown.

    ## Vehicle Code - VEH ## DIVISION 17. OFFENSES AND PROSECUTION [40000.1 - 41610] ( Division 17 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 4. Presumptions [41100 - 41104] ( Chapter 4 enacted by Stats. 1959, Ch. 3. ) ## 41101. (a) Whenever a traffic sign or traffic control device is placed in a position approximately conforming to the requirements of this code, it shall be presumed to have been placed by the official act or direction of lawful authority, unless the contrary is established by competent evidence. (b) Any sign or traffic control device placed pursuant to this code and purporting to conform to the lawful requirements pertaining to it shall be presumed to comply with the requirements of this code unless the contrary is established by competent evidence. (Enacted by Stats. 1959, Ch. 3.)

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