Vehicle Code — Part 8 | VEH — United States — California law | Esheria

Vehicle Code

Part 8 of 19 · provisions 1,401–1,600

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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About this statute

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. 22651.4.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain officers may impound or store vehicles in specified situations, and the vehicle must be released after payment or bail.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.4. (a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may impound a vehicle and its cargo pursuant to Section 34517. (b) A member of the department may impound a vehicle and its cargo pursuant to Section 34518. (c) A member of the department may store or impound a vehicle upon determination that the registrant of the vehicle or the driver of the vehicle has failed to pay registration, regulatory, fuel permit, or other fees, or has an outstanding warrant in a county in the state. The impoundment charges are the responsibility of the owner of the vehicle. The stored or impounded vehicle shall be released upon payment of those fees or fines or the posting of bail. The driver or owner of the vehicle may request a hearing to determine the validity of the seizure. (Amended by Stats. 2006, Ch. 288, Sec. 6. Effective January 1, 2007.)
  2. 22651.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain peace officers and parking-enforcement employees may remove specified parked vehicles when the listed alarm and notice conditions are met, and they must report the removal to the Department of Justice’s Stolen Vehicle System immediately.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.5. (a) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws or regulations, may, upon the complaint of any person, remove a vehicle parked within 500 feet of any occupied building of a school, community college, or university during normal hours of operation, or a vehicle parked within a residence or business district, from a highway or from public or private property, if an alarm device or horn has been activated within the vehicle, whether continuously activated or intermittently and repeatedly activated, the peace officer or designated employee is unable to locate the owner of the vehicle within 20 minutes from the time of arrival at the vehicle’s location, and the alarm device or horn has not been completely silenced prior to removal. (b) Upon removal of a vehicle from a highway or from public or private property pursuant to this section, the peace officer or designated employee ordering the removal shall immediately report the removal and the location to which the vehicle is removed to the Stolen Vehicle System of the Department of Justice. (Amended by Stats. 1997, Ch. 945, Sec. 20. Effective January 1, 1998.)
  3. 22651.6.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer or certain Section 22651 employees may remove a vehicle if it was used in a speed contest and the driver was arrested for that offense.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.6. A peace officer or employee specified in Section 22651 may remove a vehicle located within the territorial limits in which the officer or employee may act when the vehicle was used by a person who was engaged in a motor vehicle speed contest, as described in subdivision (a) of Section 23109, and the person was arrested and taken into custody for that offense by a peace officer. (Added by Stats. 1996, Ch. 884, Sec. 1. Effective January 1, 1997.)
  4. 22651.7.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain officers or parking/traffic enforcement employees may immobilize some vehicles with repeated delinquent parking or traffic notices; others may not immobilize vehicles.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.7. (a) In addition to, or as an alternative to, removal, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations, of a jurisdiction in which a vehicle is located may immobilize the vehicle with a device designed and manufactured for the immobilization of vehicles, on a highway or any public lands located within the territorial limits in which the officer or employee may act if the vehicle is found upon a highway or public lands and it is known to have been issued five or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner’s record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency all of the following: (1) Evidence of his or her identity. (2) An address within this state at which he or she can be located. (3) Satisfactory evidence that the full amount of parking penalties has been deposited for all notices of parking violation issued for the vehicle and any other vehicle registered to the registered owner of the immobilized vehicle and that bail has been deposited for all traffic violations of the registered owner that have not been cleared. The requirements in this paragraph shall be fully enforced by the immobilizing law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. A notice of parking violation issued to the vehicle shall be accompanied by a warning that repeated violations may result in the impounding or immobilization of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail, or both, have been deposited that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle has been immobilized or, at the discretion of the immobilizing law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (b) A person, other than a person authorized under subdivision (a), shall not immobilize a vehicle. (Amended by Stats. 2006, Ch. 609, Sec. 2. Effective January 1, 2007.)
  5. 22651.8.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The processing agency must update its records within 72 hours after receiving satisfactory evidence, and may later revise the records if it does not receive the parking penalty and administrative fee amounts within four months.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.8. For purposes of paragraph (1) of subdivision (i) of Section 22651 and Section 22651.7, “satisfactory evidence” includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the department’s records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. If the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation. (Added by Stats. 1991, Ch. 587, Sec. 2. Operative July 1, 1992, by Sec. 4 of Ch. 587.)
  6. 22651.9.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain peace officers and qualified city/county parking or traffic employees may remove a vehicle from a street or public land when specified notice, sale-sign, and local-authorization requirements are met.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22651.9. (a) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or city and county in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act when the vehicle is found upon a street or any public lands, if all of the following requirements are satisfied: (1) Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle. (2) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following: (A) A warning that an additional parking violation may result in the impoundment of the vehicle. (B) A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle. (C) A listing of the streets or public lands subject to the resolution or ordinance adopted pursuant to paragraph (4), or if all streets are covered, a statement to that effect. (3) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle. (4) The local authority of the city, county, or city and county has, by resolution or ordinance, authorized the removal of vehicles pursuant to this section from the street or public lands on which the vehicle is located. (b) Section 22852 applies to the removal of any vehicle pursuant to this section. (Added by Stats. 1993, Ch. 481, Sec. 1. Effective September 27, 1993.)
  7. 22652.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain peace officers and designated traffic or parking enforcement employees may remove vehicles parked in disabled-parking stalls when the section’s conditions are met.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22652. (a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of a city, county, or jurisdiction of a state agency may remove any vehicle from a stall or space designated for physically disabled persons pursuant to Section 22511.7 or 22511.8, located within the jurisdictional limits in which the officer or employee is authorized to act, if the vehicle is parked in violation of Section 22507.8 and if the police or sheriff’s department or the Department of the California Highway Patrol is notified. (b) In a privately or publicly owned or operated offstreet parking facility, this section applies only to those stalls and spaces if the posting requirements under subdivisions (a) and (d) of Section 22511.8 have been complied with and if the stalls or spaces are clearly signed or marked. (Amended by Stats. 2004, Ch. 404, Sec. 17. Effective January 1, 2005.)
  8. 22652.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain people and local authorities are exempt from civil liability for removing a vehicle from an offstreet parking facility if the required police, sheriff’s department, or CHP notice was given before the removal.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22652.5. The owner or person in lawful possession of an offstreet parking facility, or any local authority owning or operating an offstreet parking facility, who causes a vehicle to be removed from the parking facility pursuant to Section 22511.8, or any state, city, or county employee, is not civilly liable for the removal if the police or sheriff’s department in whose jurisdiction the offstreet parking facility or the stall or space is located or the Department of the California Highway Patrol has been notified prior to the removal. (Added by Stats. 1983, Ch. 232, Sec. 1. Effective July 14, 1983.)
  9. 22652.6.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain peace officers and city or county traffic/parking employees may remove vehicles parked or standing in specified places when the vehicle violates a local ordinance or resolution under Section 22511.57.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22652.6. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee engaged in directing traffic or enforcing parking laws and regulations of a city or county, may remove any vehicle parked or standing on the streets or highways or from a stall or space of a privately or publicly owned or operated offstreet parking facility within the jurisdiction of the city or county when the vehicle is in violation of a local ordinance or resolution adopted pursuant to Section 22511.57. (Added by Stats. 1994, Ch. 221, Sec. 3. Effective January 1, 1995. Operative July 1, 1995, by Sec. 5 of Ch. 221.)
  10. 22653.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Peace officers may remove certain vehicles from private property in specified situations.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22653. (a) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, other than an employee directing traffic or enforcing parking laws and regulations, may remove a vehicle from private property located within the territorial limits in which the officer is empowered to act, when a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (b) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may, after a reasonable period of time, remove a vehicle from private property located within the territorial limits in which the officer is empowered to act, if the vehicle has been involved in, and left at the scene of, a traffic accident and no owner is available to grant permission to remove the vehicle. This subdivision does not authorize the removal of a vehicle where the owner has been contacted and has refused to grant permission to remove the vehicle. (c) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may, at the request of the property owner or person in lawful possession of any private property, remove a vehicle from private property located within the territorial limits in which the officer is empowered to act when an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or authorized to take, and does take the person arrested before a magistrate without unnecessary delay. (Amended by Stats. 1985, Ch. 912, Sec. 3.)
  11. 22654.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain officers and highway authorities may move, remove, or store vehicles in specified traffic, parking, flooding, maintenance, or emergency situations, with notice duties and a no-charge rule in one case.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22654. (a) Whenever any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or other employee directing traffic or enforcing parking laws and regulations, finds a vehicle standing upon a highway, located within the territorial limits in which the officer or employee is empowered to act, in violation of Sections 22500 and 22504, the officer or employee may move the vehicle or require the driver or other person in charge of the vehicle to move it to the nearest available position off the roadway or to the nearest parking location, or may remove and store the vehicle if moving it off the roadway to a parking location is impracticable. (b) Whenever the officer or employee finds a vehicle standing upon a street, located within the territorial limits in which the officer or employee is empowered to act, in violation of a traffic ordinance enacted by local authorities to prevent flooding of adjacent property, he or she may move the vehicle or require the driver or person in charge of the vehicle to move it to the nearest available location in the vicinity where parking is permitted. (c) Any state, county, or city authority charged with the maintenance of any highway may move any vehicle which is disabled or abandoned or which constitutes an obstruction to traffic from the place where it is located on a highway to the nearest available position on the same highway as may be necessary to keep the highway open or safe for public travel. In addition, employees of the Department of Transportation may remove any disabled vehicle which constitutes an obstruction to traffic on a freeway from the place where it is located to the nearest available location where parking is permitted; and, if the vehicle is unoccupied, the department shall comply with the notice requirements of subdivision (d). (d) Any state, county, or city authority charged with the maintenance or operation of any highway, highway facility, or public works facility, in cases necessitating the prompt performance of any work on or service to the highway, highway facility, or public works facility, may move to the nearest available location where parking is permitted, any unattended vehicle which obstructs or interferes with the performance of the work or service or may remove and store the vehicle if moving it off the roadway to a location where parking is permitted would be impracticable. If the vehicle is moved to another location where it is not readily visible from its former parked location or it is stored, the person causing the movement or storage of the vehicle shall immediately, by the most expeditious means, notify the owner of the vehicle of its location. If for any reason the vehicle owner cannot be so notified, the person causing the vehicle to be moved or stored shall immediately, by the most expeditious means, notify the police department of the city in which the vehicle was parked, or, if the vehicle had been parked in an unincorporated area of a county, notify the sheriff’s department and nearest office of the California Highway Patrol in that county. No vehicle may be removed and stored pursuant to this subdivision unless signs indicating that no person shall stop, park, or leave standing any vehicle within the areas marked by the signs because the work or service would be done, were placed at least 24 hours prior to the movement or removal and storage. (e) Whenever any peace officer finds a vehicle parked or standing upon a highway in a manner so as to obstruct necessary emergency services, or the routing of traffic at the scene of a disaster, the officer may move the vehicle or require the driver or other person in charge of the vehicle to move it to the nearest available parking location. If the vehicle is unoccupied, and moving the vehicle to a parking location is impractical, the officer may store the vehicle pursuant to Sections 22850 and 22852 and subdivision (a) or (b) of Section 22853. If the vehicle so moved or stored was otherwise lawfully parked, no moving or storage charges shall be assessed against or collected from the driver or owner. (Amended by Stats. 1983, Ch. 913, Sec. 2.)
  12. 22655.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer or qualifying traffic/parking enforcement employee may remove a vehicle for inspection after a hit-and-run if there is reasonable cause and the vehicle is within the officer’s territorial authority.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22655. (a) When any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking statutes and regulations, has reasonable cause to believe that a motor vehicle on a highway or on private property open to the general public onto which the public is explicitly or implicitly invited, located within the territorial limits in which the officer is empowered to act, has been involved in a hit-and-run accident, and the operator of the vehicle has failed to stop and comply with Sections 20002 to 20006, inclusive, the officer may remove the vehicle from the highway or from public or private property for the purpose of inspection. (b) Unless sooner released, the vehicle shall be released upon the expiration of 48 hours after the removal from the highway or private property upon demand of the owner. When determining the 48-hour period, weekends, and holidays shall not be included. (c) Notwithstanding subdivision (b), when a motor vehicle to be inspected pursuant to subdivision (a) is a commercial vehicle, any cargo within the vehicle may be removed or transferred to another vehicle. This section shall not be construed to authorize the removal of any vehicle from an enclosed structure on private property that is not open to the general public. (Amended by Stats. 1997, Ch. 945, Sec. 21. Effective January 1, 1998.)
  13. 22655.3.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer pursuing a fleeing or evading driver may remove and store certain vehicles under specified conditions, but the vehicle cannot be impounded in two listed situations.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22655.3. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, pursuing a fleeing or evading person in a motor vehicle may remove and store, or cause to be removed and stored, any vehicle used in violation of Section 2800.1 or 2800.2 from property other than that of the registered owner of the vehicle for the purposes of investigation, identification, or apprehension of the driver if the driver of the vehicle abandons the vehicle and leaves it unattended. All towing and storage fees for a vehicle removed under this section shall be paid by the owner, unless the vehicle was stolen or taken without permission. No vehicle shall be impounded under this section if the driver is arrested before arrival of the towing equipment or if the registered owner is in the vehicle. As used in this section, “remove and store a vehicle” means that the peace officer may cause the removal of a vehicle to, and storage of a vehicle in, a private lot where the vehicle may be secured by the owner of the facility or by the owner’s representative. This section is not intended to change current statute and case law governing searches and seizures. (Added by renumbering Section 22651.7 (as added by Stats. 1987, Ch. 279) by Stats. 1988, Ch. 160, Sec. 181.)
  14. 22655.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer may remove a vehicle from the highway or private property if there is probable cause tied to a public offense or crime evidence.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22655.5. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act under the following circumstances: (a) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle was used as the means of committing a public offense. (b) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed. (c) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, no lien shall attach to a vehicle removed under this section unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle. (d) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges imposed pursuant to Section 22850.5. (e) This section shall become operative on January 1, 1993. (Amended by Stats. 1996, Ch. 1142, Sec. 12. Effective September 30, 1996.)
  15. 22656.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A peace officer may remove certain vehicles from railroad, street railway, or light rail rights-of-way when they are parked, abandoned, or in specified posted areas.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22656. Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a vehicle from the right-of-way of a railroad, street railway, or light rail line located within the territorial limits in which the officer is empowered to act if the vehicle is parked or abandoned upon any track or within 71/2 feet of the nearest rail. The officer may also remove a vehicle that is parked beyond 71/2 feet of the nearest rail but within the right-of-way of a railroad, street railway, or light rail if signs are posted giving notice that vehicles may be removed. (Amended by Stats. 2002, Ch. 438, Sec. 29. Effective January 1, 2003.)
  16. 22658.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets certain private-property holders have a parked vehicle towed if specified conditions are met, and it sets notice, authorization, payment, storage, and fee limits for towing and storage companies.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22658. (a) The owner or person in lawful possession of private property, including an association of a common interest development, as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances: (1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation. (2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice. (3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification. (4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling. (b) The tow truck operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal, if the vehicle has a visible odometer, and the time of the removal from the property. If the tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property. (c) This section does not limit or affect any right or remedy that the owner or person in lawful possession of private property may have by virtue of other provisions of law authorizing the removal of a vehicle parked upon private property. (d) The owner of a vehicle removed from private property pursuant to subdivision (a) may recover for any damage to the vehicle resulting from any intentional or negligent act of a person causing the removal of, or removing, the vehicle. (e) (1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f). (2) A property owner or owner’s agent or lessee who causes the removal of a vehicle parked on that property pursuant to the exemption set forth in subparagraph (A) of paragraph (1) of subdivision (l) and fails to comply with that subdivision is guilty of an infraction, punishable by a fine of one thousand dollars ($1,000). (f) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property shall notify by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency within one hour after authorizing the tow. An owner or person in lawful possession of private property, an association of a common interest development, causing the removal of a vehicle parked on that property, or the tow truck operator who removes the vehicle, shall state the grounds for the removal of the vehicle if requested by the legal or registered owner of that vehicle. A towing company that removes a vehicle from private property in compliance with subdivision (l) is not responsible in a situation relating to the validity of the removal. A towing company that removes the vehicle under this section shall be responsible for the following: (1) Damage to the vehicle in the transit and subsequent storage of the vehicle. (2) The removal of a vehicle other than the vehicle specified by the owner or other person in lawful possession of the private property. (g) (1) (A) Possession of a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit. (B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit. (C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor. (2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location. (h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. (i) (1) (A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following: (i) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be, removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which the private property is located. (ii) That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed. (B) A towing operator shall make available for inspection and copying their rate approved by the Department of the California Highway Patrol, if any, within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney. (2) If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day’s storage charge may be required for a vehicle released the same day that it is stored. (3) If a request to release a vehicle is made and the appropriate fees are tendered and documentation establishing that the person requesting release is entitled to possession of the vehicle, or is the owner’s insurance representative, is presented within the initial 24 hours of storage, and the storage facility fails to comply with the request to release the vehicle or is not open for business during normal business hours, then only one day’s storage charge may be required to be paid until after the first business day. A business day is any day in which the lienholder is open for business to the public for at least eight hours. If a request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day, or part thereof, that the vehicle is in storage. (j) (1) A person who charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), is civilly liable to the vehicle owner for four times the amount charged. (2) A person who knowingly charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), or who fails to make available their rate as required in subparagraph (B) of paragraph (1) of subdivision (i), is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. (k) (1) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner, the legal owner, or the owner’s agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. (2) A person described in paragraph (1) shall conspicuously display, in that portion of the storage facility office where business is conducted with the public, a notice advising that all valid credit cards and cash are acceptable means of payment. (3) A person operating or in charge of a storage facility who refuses to accept a valid credit card or who fails to post the required notice under paragraph (2) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. (4) A person described in paragraph (1) who violates paragraph (1) or (2) is civilly liable to the registered owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges. (5) A person operating or in charge of the storage facility shall have sufficient moneys on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction. (6) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies as described in subdivision (i). (l) (1) (A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or email, or has called and provides a signed request or email within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or email shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property. (B) The written authorization under subparagraph (A) shall include all of the following: (i) The make, model, vehicle identification number, and license plate number of the removed vehicle. If the vehicle is a shared mobility device or does not have an identifiable make, model, vehicle identification number, or license plate number, the authorization shall include any identification numbers on the vehicle, including, but not limited to, a quick response (QR) code or serial number. (ii) The name, signature, job title, residential or business address, and working telephone number of the person, described in subparagraph (A), authorizing the removal of the vehicle. (iii) The grounds for the removal of the vehicle. (iv) The time when the vehicle was first observed parked at the private property. (v) The time that authorization to tow the vehicle was given. (C) (i) When the vehicle owner or their agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent. (ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in clause (ii) of subparagraph (B) in the photocopy of the written authorization provided to the vehicle owner or the agent pursuant to clause (i). (iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction. (D) A towing company shall not remove or commence the removal of a vehicle from private property described in subdivision (a) of Section 22953 unless the towing company has made a good faith inquiry to determine that the owner or the property owner’s agent complied with Section 22953. (E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property. (ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner’s agent, or person in lawful possession of the private property shall have a written agreement granting that general authorization. (2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle. (3) A towing company shall maintain the original written authorization, or the general authorization described in subparagraph (E) of paragraph (1) and the photograph of the violation, required pursuant to this section, and any written requests from a tenant to the property owner or owner’s agent required by subparagraph (A) of paragraph (1), for a period of three years and shall make them available for inspection and copying within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney. (4) A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. (5) A person who violates this subdivision is civilly liable to the owner of the vehicle or their agent for four times the amount of the towing and storage charges. (m) (1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit. (2) A towing company is guilty of a misdemeanor if the towing company fails to provide the notification required under paragraph (1) within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less. (3) A towing company that does not provide the notification under paragraph (1) within 30 minutes after the vehicle is removed from the private property and is in transit is civilly liable to the registered owner of the vehicle, or the person who tenders the fees, for three times the amount of the towing and storage charges. (4) If notification is impracticable, the times for notification, as required pursuant to paragraphs (2) and (3), shall be tolled for the time period that notification is impracticable. This paragraph is an affirmative defense. (n) A vehicle removed from private property pursuant to this section shall be stored in a facility that meets all of the following requirements: (1) (A) Is located within a 10-mile radius of the property from where the vehicle was removed. (B) The 10-mile radius requirement of subparagraph (A) does not apply if a towing company has prior general written approval from the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which is located the private property. (2) (A) Remains open during normal business hours and releases vehicles after normal business hours. (B) A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less. (C) Notwithstanding any other provision of law and for purposes of this paragraph, “normal business hours” are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays. (3) Has a public pay telephone in the office area that is open and accessible to the public. (o) (1) It is the intent of the Legislature in the adoption of subdivision (k) to assist vehicle owners or their agents by, among other things, allowing payment by credit cards for towing and storage services, thereby expediting the recovery of towed vehicles and concurrently promoting the safety and welfare of the public. (2) It is the intent of the Legislature in the adoption of subdivision (l) to further the safety of the general public by ensuring that a private property owner or lessee has provided authorization for the removal of a vehicle from their property, thereby promoting the safety of those persons involved in ordering the removal of the vehicle as well as those persons removing, towing, and storing the vehicle. (3) It is the intent of the Legislature in the adoption of subdivision (g) to promote the safety of the general public by requiring towing companies to unconditionally release a vehicle that is not lawfully in their possession, thereby avoiding the likelihood of dangerous and violent confrontation and physical injury to vehicle owners and towing operators, the stranding of vehicle owners and their passengers at a dangerous time and location, and impeding expedited vehicle recovery, without wasting law enforcement’s limited resources. (p) The remedies, sanctions, restrictions, and procedures provided in this section are not exclusive and are in addition to other remedies, sanctions, restrictions, or procedures that may be provided in other provisions of law, including, but not limited to, those that are provided in Sections 12110 and 34660. (q) A vehicle removed and stored pursuant to this section shall be released by the law enforcement agency, impounding agency, or person in possession of the vehicle, or any person acting on behalf of them, to the legal owner or the legal owner’s agent upon presentation of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The storage facility shall not require any documents to be notarized. The storage facility may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the storage facility, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. (Amended by Stats. 2022, Ch. 206, Sec. 2. (AB 2174) Effective January 1, 2023.)
  17. 22658.1.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    If a towing company damages or leaves open a fence while removing a vehicle without prior approval, it must either notify the property owner/person in charge or leave notice on the property and notify the police or other local authorities without unnecessary delay.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22658.1. (a) Any towing company that, in removing a vehicle, cuts, removes, otherwise damages, or leaves open a fence without the prior approval of the property owner or the person in charge of the property shall then and there do either of the following: (1) Locate and notify the owner or person in charge of the property of the damage or open condition of the fence, the name and address of the towing company, and the license, registration, or identification number of the vehicle being removed. (2) Leave in a conspicuous place on the property the name and address of the towing company, and the license, registration, or identification number of the vehicle being removed, and shall without unnecessary delay, notify the police department of the city in which the property is located, or if the property is located in unincorporated territory, either the sheriff or the local headquarters of the Department of the California Highway Patrol, of that information and the location of the damaged or opened fence. (b) Any person failing to comply with all the requirements of this section is guilty of an infraction. (Amended by Stats. 2001, Ch. 854, Sec. 68. Effective January 1, 2002.)
  18. 22659.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Certain CHP officers and authorized state-property personnel may have vehicles removed from state or district agricultural association property in listed situations, after notifying the city police or county sheriff.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22659. Any peace officer of the Department of the California Highway Patrol or any person duly authorized by the state agency in possession of property owned by the state, or rented or leased from others by the state and any peace officer of the Department of the California Highway Patrol providing policing services to property of a district agricultural association may, subsequent to giving notice to the city police or county sheriff, whichever is appropriate, cause the removal of a vehicle from the property to the nearest public garage, under any of the following circumstances: (a) When the vehicle is illegally parked in locations where signs are posted giving notice of violation and removal. (b) When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is by this code or other law required to take the person arrested before a magistrate without unnecessary delay. (c) When any vehicle is found upon the property and report has previously been made that the vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (d) When the person or persons in charge of a vehicle upon the property are by reason of physical injuries or illness incapacitated to that extent as to be unable to provide for its custody or removal. The person causing removal of the vehicle shall comply with the requirements of Sections 22852 and 22853 relating to notice. (Amended by Stats. 1996, Ch. 305, Sec. 70. Effective January 1, 1997.)
  19. 22659.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A city or county may create an ordinance to treat certain vehicles used in specified offenses as public nuisances and impound them for up to 30 days, but the section also requires notice, hearing, release, and fee rules.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22659.5. Notwithstanding any other provision of law, a city or a county may adopt an ordinance declaring a motor vehicle to be a public nuisance subject to seizure and an impoundment period of up to 30 days when the motor vehicle is used in the commission or attempted commission of an act that violates Section 266h or 266i of, subdivision (h) of Section 374.3 of, or subdivision (b) of Section 647 of, the Penal Code, if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. An ordinance adopted pursuant to this section may incorporate any combination or all of these offenses. The vehicle may only be impounded pursuant to a valid arrest of the driver for a violation of one of these provisions. An ordinance adopted pursuant to this section shall, at a minimum, contain all of the following provisions: (a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a poststorage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days’ storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information: (1) The name, address, and telephone number of the agency providing the notice. (2) The location of the place of storage and description of the vehicle, that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage. (3) The authority and purpose for the removal of the vehicle. (4) A statement that, in order to receive a poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. (b) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle. (c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement. (d) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established. (e) Any period during which a vehicle is subjected to storage under an ordinance adopted pursuant to this section shall be included as part of the period of impoundment. (f) The impounding agency shall release the vehicle to the registered owner or his or her agent prior to the end of the impoundment period under any of the following circumstances: (1) The driver of the impounded vehicle was arrested without probable cause. (2) The vehicle is a stolen vehicle. (3) The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage. (4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period. (5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in activities subject to Section 266h or 266i of, or subdivision (b) of Section 647 of, the Penal Code. (6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used. (g) Notwithstanding any provision of law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges. (h) Except as provided in subdivision (g), the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment. (i) A vehicle removed and seized under an ordinance adopted pursuant to this section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met: (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner and holds a security interest in the vehicle. (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle. (j) (1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner as described in paragraph (1) of subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to Section 22850.5, unless the legal owner voluntarily requested a poststorage hearing. (2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this section, “credit card” is as defined in subdivision (a) of Section 1747.02 of the Civil Code. Credit card does not include a credit card issued by a retail seller. (3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed five hundred dollars ($500). (4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction. (5) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates. (6) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied. (k) (1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. (2) Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1) of subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. (l) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not be required to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. (m) (1) A legal owner, who meets the requirements for release of a vehicle pursuant to subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period. (2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment. (n) (1) A vehicle removed and seized pursuant to an ordinance adopted pursuant to this section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle. (2) The owner of a rental vehicle that was seized under an ordinance adopted pursuant to this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired. (3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment. (Repealed and added by Stats. 2009, Ch. 210, Sec. 2. (AB 14) Effective January 1, 2010.)
  20. 2266.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    The Department of Human Resources may consider certain comparable compensation data when determining CHP dispatcher and operator pay.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 2266. (a) The Legislature finds and declares all of the following: (1) The public safety dispatchers and public safety operators of the Department of the California Highway Patrol are among the lowest paid when compared to operators employed by other law enforcement agencies in the state. The department’s communication centers suffer from significant staff shortages and high turnover rates. Increasing the wages paid to these public safety dispatchers and public safety operators will increase their professionalism while reducing their rate of turnover. (2) The recruitment and retention problem is especially evident in the classifications of Public Safety Dispatcher and Public Safety Operator. (3) In order for the state to recruit and retain the highest qualified and capable public safety dispatchers and public safety operators, those employees should be compensated in an amount equal to the estimated average total compensation for the classifications corresponding to Public Safety Dispatcher and Public Safety Operator within the police departments in the Cities of Los Angeles, Oakland, San Diego, and San Jose and the City and County of San Francisco. (4) This section is not in violation of the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code), which requires that changes for salaries and benefits be collectively bargained between representatives of the state and the employee’s union. This section does not circumvent that process. This section simply authorizes the Department of Human Resources, when determining compensation for public safety dispatchers and public safety operators in the Department of the California Highway Patrol, to consider the total compensation for public safety dispatchers and public safety operators in other jurisdictions. (b) When determining compensation for public safety dispatchers and public safety operators in the Department of the California Highway Patrol, the Department of Human Resources may consider the total compensation for public safety dispatchers and public safety operators in comparable positions in the police departments specified in paragraph (3) of subdivision (a). (Amended by Stats. 2014, Ch. 66, Sec. 1. (SB 1025) Effective January 1, 2015.)
  21. 22660.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A city, county, or city and county may adopt an ordinance to set procedures for removing abandoned, wrecked, dismantled, or inoperative vehicles or parts as public nuisances, and to recover or assume related administration and removal costs.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22660. Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance establishing procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property, and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption by the local authority, of costs of administration and the removal. (Amended by Stats. 1988, Ch. 126, Sec. 1.)
  22. 22661.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Ordinances on removing abandoned vehicles must include specified notice, hearing, and exception rules.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22661. Any ordinance establishing procedures for the removal of abandoned vehicles shall contain all of the following provisions: (a) The requirement that notice be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. (b) Making the ordinance inapplicable to (1) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter. (c) The requirement that not less than a 10-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof that is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by a person specified in Section 22855, and is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subdivision (a), the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 days after the notice is mailed, from a location specified in Section 22662, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section. This subdivision applies only to inoperable vehicles located upon a parcel that is (1) zoned for agricultural use or (2) not improved with a residential structure containing one or more dwelling units. (d) The 10-day notice of intention to abate and remove a vehicle or part thereof, when required by this section, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he or she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. (e) The requirement that a public hearing be held before the governing body of the city, county, or city and county, or any other board, commissioner, or official of the city, county, or city and county as designated by the governing body, upon request for such a hearing by the owner of the vehicle or the owner of the land on which the vehicle is located. This request shall be made to the appropriate public body, agency, or officer within 10 days after the mailing of notice of intention to abate and remove the vehicle or at the time of signing a release pursuant to subdivision (c). If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his or her land within that time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request. If the request is not received within that period, the appropriate public body, agency, or officer shall have the authority to remove the vehicle. (f) The requirement that after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable. (g) A provision authorizing the owner of the land on which the vehicle is located to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced to its presence, then the local authority shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs from the owner. (Amended by Stats. 1993, Ch. 589, Sec. 187. Effective January 1, 1994.)
  23. 22662.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Vehicles or vehicle parts may be disposed of by removal to a scrapyard, dismantler’s yard, or other suitable local-authority site, and a local authority may operate such a site if commercial disposal channels are unavailable or inadequate.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22662. Vehicles or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler’s yard, or any suitable site operated by a local authority for processing as scrap, or other final disposition consistent with subdivision (e) of Section 22661. A local authority may operate such a disposal site when its governing body determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the local agency may transfer such vehicle or parts to another, provided such disposal shall be only as scrap. (Added by Stats. 1976, Ch. 29.)
  24. 22663.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    An ordinance under Section 22660 must be administered by regularly salaried full-time city, county, or city and county employees, but a duly authorized person may remove vehicles or parts from property and enter private property for specified ordinance purposes.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22663. Any ordinance adopted pursuant to Section 22660 shall provide for administration of the ordinance by regularly salaried full-time employees of the city, county, or city and county, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in the ordinance to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to the ordinance. (Added by Stats. 1976, Ch. 29.)
  25. 22664.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Licensed dismantlers or commercial enterprises that acquire vehicles removed under the ordinance are excused from Section 11520 reporting, and related DMV fees and penalties are waived if they keep the authorizing resolution or order in their business records.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22664. Any licensed dismantler or commercial enterprise acquiring vehicles removed pursuant to such ordinance shall be excused from the reporting requirements of Section 11520; and any fees and penalties which would otherwise be due the Department of Motor Vehicles are hereby waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantler’s or commercial enterprise’s business records. (Added by Stats. 1976, Ch. 29.)
  26. 22665.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department may administer a local authority’s abandoned vehicle abatement and removal program if the local authority requests it and is not a service authority.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22665. Notwithstanding Section 22710 or any other provision of law, the department may, at the request of a local authority, other than a service authority, administer on behalf of the authority its abandoned vehicle abatement and removal program established pursuant to Section 22660. (Amended by Stats. 1990, Ch. 1684, Sec. 4.)
  27. 22666.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    When the department runs a Section 22665 program, it must set removal procedures by regulation, arrange a local public hearing and reimbursement agreement, and use full-time department staff for administration, with some removals allowed by other authorized persons.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22666. Whenever the department is administering a program pursuant to Section 22665, it shall by regulation establish procedures for the abatement and removal of vehicles that are identical to the requirements specified in Section 22661, except that the department shall provide by agreement with the requesting local authority for the conduct of a public hearing pursuant to subdivision (d) of Section 22661 by the local authority and for the reimbursement of the department for its costs of administration and removal which the local authority is authorized to recover from the property owner pursuant to Section 22660. Such regulations shall also provide for the administration of the regulations by regularly salaried, full-time personnel of the department, except that the removal of vehicles or parts thereof from property may be done by any other duly authorized person. Any such person may enter upon private property for the purposes specified in the regulations to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to the regulations. The provisions of Sections 22662 and 22664 shall also apply to any vehicle removed by the department. (Added by Stats. 1976, Ch. 29.)
  28. 22667.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The department must give priority to removing abandoned vehicles when setting removal procedures.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22667. In establishing procedures for the abatement and removal of abandoned vehicles, the department shall give priority to the removal of abandoned vehicles from corridors of the state highway system, from public lands and parks, and from river and wildlife areas. (Added by Stats. 1976, Ch. 29.)
  29. 22668.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Local authorities running an abandoned vehicle abatement and removal program under Section 22665 are not eligible for disbursements from the Abandoned Vehicle Trust Fund under Section 22710.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22668. No local authority whose abandoned vehicle abatement and removal program is administered pursuant to Section 22665 shall be eligible for any disbursement from the Abandoned Vehicle Trust Fund pursuant to Section 22710. (Added by Stats. 1976, Ch. 29.)
  30. 22669.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets certain peace officers, designated government employees, and contracted franchise/contract performers remove abandoned vehicles, and allows immediate removal of severely disabled vehicles on highways or public right-of-way.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22669. (a) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee of the state, county, or city designated by an agency or department of the state or the board of supervisors or city council to perform this function, in the territorial limits in which the officer or employee is authorized to act, who has reasonable grounds to believe that the vehicle has been abandoned, as determined pursuant to Section 22523, may remove the vehicle from a highway or from public or private property. (b) Any person performing a franchise or contract awarded pursuant to subdivision (a) of Section 22710, may remove a vehicle from a highway or place to which it has been removed pursuant to subdivision (c) of Section 22654 or from public or private property, after a determination by a peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or other designated employee of the state, county, or city in which the vehicle is located that the vehicle is abandoned, as determined pursuant to Section 22523. (c) A state, county, or city employee, other than a peace officer or employee of a sheriff’s department or a city police department, designated to remove vehicles pursuant to this section may do so only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the office of the Department of the California Highway Patrol located nearest to the vehicle. (d) Motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are hereby declared a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the state, county, or city. (Amended by Stats. 1987, Ch. 1133, Sec. 4.)
  31. 22670.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    For lien sale purposes, the public agency removing a vehicle must determine its estimated value. If the agency does not do so within three days after removal, the garage keeper or the garage keeper’s agent must make the determination under penalty of perjury.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22670. (a) For lien sale purposes, the public agency causing the removal of the vehicle shall determine if the estimated value of the vehicle that has been ordered removed, towed, or stored is five hundred dollars ($500) or less, over five hundred dollars ($500) but four thousand dollars ($4,000) or less, or over four thousand dollars ($4,000). (b) If the public agency fails or refuses to put a value on, or to estimate the value of, the vehicle within three days after the date of removal of the vehicle, the garage keeper specified in Section 22851 or the garage keeper’s agent shall determine, under penalty of perjury, if the estimated value of the vehicle that has been ordered removed, towed, or stored, is five hundred dollars ($500) or less, over five hundred dollars ($500) but four thousand dollars ($4,000) or less, or over four thousand dollars ($4,000). (Amended by Stats. 2004, Ch. 650, Sec. 10. Effective January 1, 2005.)
  32. 22671.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    A local authority may issue a franchise or make a contract to remove abandoned vehicles, as allowed by this chapter.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22671. A local authority may either issue a franchise or execute a contract for the removal of abandoned vehicles in accordance with the provisions of this chapter. (Added by renumbering Section 22706 by Stats. 1980, Ch. 1111, Sec. 26.)
  33. 2268.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    Certain California Highway Patrol members must be able to perform full official duties, and they cannot be placed in permanent limited-duty jobs that avoid those duties, subject to an old exception for some injured members with prior written commitments.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 2268. (a) Any member of the Department of the California Highway Patrol, as specified in Sections 2250 and 2250.1, shall be capable of fulfilling the complete range of official duties administered by the commissioner pursuant to Section 2400 and other critical duties that may be necessary for the preservation of life and property. Members of the California Highway Patrol shall not be assigned to permanent limited duty positions which do not require the ability to perform these duties. (b) Subdivision (a) does not apply to any member of the California Highway Patrol who, after sustaining serious job-related physical injuries, returned to duty with the California Highway Patrol and who received a written commitment from the appointing power allowing his or her continued employment as a member of the California Highway Patrol. This subdivision applies only to commitments made prior to January 1, 1984. (c) Nothing in subdivision (a) entitles a member of the California Highway Patrol to, or precludes a member from receiving, an industrial disability retirement. (Amended by Stats. 1996, Ch. 305, Sec. 66. Effective January 1, 1997.)
  34. 2269.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    The commissioner must provide boots to CHP members assigned to motorcycles, and must pay for aviation boots for CHP members assigned to aircraft operations.

    ## Vehicle Code - VEH ## DIVISION 2. ADMINISTRATION [1500 - 3093] ( Division 2 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 2. Department of the California Highway Patrol [2100 - 2482] ( Chapter 2 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. The California Highway Patrol [2250 - 2269] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 2269. (a) The commissioner shall provide, as safety equipment, boots to each member of the California Highway Patrol who is assigned to ride motorcycles. This safety equipment shall remain the property of the state. Items lost or damaged because of the negligence of the officer shall be replaced by the officer at his or her expense. (b) The commissioner shall pay the cost of aviation boots to each member of the California Highway Patrol who is assigned to aircraft operations and shall make aviation boots directly available for purchase by those members. (Added by renumbering Section 2267 (as added by Stats. 1982, Ch. 23) by Stats. 1987, Ch. 56, Sec. 168.)
  35. 22710.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section lets counties create a service authority for abandoned-vehicle abatement if required local resolutions are adopted, and it sets rules for the authority’s fee, spending, reporting, approvals, and dissolution.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22710. (a) A service authority for the abatement of abandoned vehicles may be established, and a one dollar ($1) vehicle registration fee imposed, in a county if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county have adopted resolutions providing for the establishment of the authority and imposition of the fee. The membership of the authority shall be determined by concurrence of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of the incorporated population. (b) The authority may contract and may undertake any act convenient or necessary to carry out a law relating to the authority. The authority shall be staffed by existing personnel of the city, county, or county transportation commission. (c) (1) Notwithstanding any other provision of law, a service authority may adopt an ordinance establishing procedures for the abatement, removal, and disposal, as a public nuisance, of an abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assumption by the service authority, of costs associated with the enforcement of the ordinance. Cost recovery shall only be undertaken by an entity that may be a county or city or the department, pursuant to contract with the service authority as provided in this section. (2) (A) The money received by an authority pursuant to Section 9250.7 and this section shall be used only for the abatement, removal, or the disposal as a public nuisance of any abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property. The money received shall not be used to offset the costs of vehicles towed under authorities other than an ordinance adopted pursuant to paragraph (1) or when costs are recovered under Section 22850.5. (B) The money received by a service authority pursuant to Section 9250.7 and this section that are unexpended in a fiscal year may be carried forward by the service authority for the abandoned vehicle abatement program in the following fiscal year as agreed upon by the service authority and its member agencies. (d) (1) An abandoned vehicle abatement program and plan of a service authority shall be implemented only with the approval of the county and a majority of the cities having a majority of the incorporated population. (2) (A) The department shall provide guidelines for an abandoned vehicle abatement program. An authority’s abandoned vehicle abatement plan and program shall be consistent with those guidelines, and shall provide for, but not be limited to, an estimate of the number of abandoned vehicles, a disposal and enforcement strategy including contractual agreements, and appropriate fiscal controls. (B) The department’s guidelines provided pursuant to this paragraph shall include, but not be limited to, requiring each service authority receiving funds from the Abandoned Vehicle Trust Fund to report to the Controller on an annual basis pursuant to subdivision (c) of Section 9250.7, in a manner prescribed by the department, and pursuant to an approved abandoned vehicle abatement program. (C) A service authority may carry out an abandoned vehicle abatement from a public property after providing a notice as specified by the local ordinance adopted pursuant to Section 22660 of the jurisdiction in which the abandoned vehicle is located and that notice has expired. (3) After a plan has been approved pursuant to paragraph (1), the service authority shall, not later than August 1 of the year in which the plan was approved, submit it to the department for review, and the department shall, not later than October 1 of that same year, either approve the plan as submitted or make recommendations for revision. After the plan has received the department’s approval as being consistent with the department’s guidelines, the service authority shall submit it to the Controller. (4) Except as provided in subdivision (e), the Controller shall not make an allocation for a fiscal year, commencing on July 1 following the Controller’s determination to suspend a service authority when a service authority has failed to comply with the provisions set forth in Section 9250.7. (5) A governmental agency shall not receive funds from a service authority for the abatement of abandoned vehicles pursuant to an approved abandoned vehicle abatement program unless the governmental agency has submitted an annual report to the service authority stating the manner in which the funds were expended, and the number of vehicles abated. The governmental agency shall receive that percentage of the total funds collected by the service authority that is equal to its share of the formula calculated pursuant to paragraph (6). (6) Each service authority shall calculate a formula for apportioning funds to each governmental agency that receives funds from the service authority and submit that formula to the Controller with the annual report required pursuant to paragraph (2). The formula shall apportion 50 percent of the funds received by the service authority to a governmental agency based on the percentage of vehicles abated by that governmental agency of the total number of abandoned vehicles abated by all member agencies, and 50 percent based on population and geographic area, as determined by the service authority. When the formula is first submitted to the Controller, and each time the formula is revised thereafter, the service authority shall include a detailed explanation of how the service authority determined the apportionment between per capita abatements and service area. (7) Notwithstanding any other provision of this subdivision, the Controller may allocate to the service authority in the County of Humboldt the net amount of the abandoned vehicle abatement funds received from the fee imposed by that authority, as described in subdivision (b) of Section 9250.7, for calendar years 2000 and 2001. (e) A plan that has been submitted to the Controller pursuant to subdivision (d) may be revised pursuant to the procedure prescribed in that subdivision, including compliance with any dates described therein for submission to the department and the Controller, respectively, in the year in which the revisions are proposed by the service authority. Compliance with that procedure shall only be required if the revisions are substantial. (f) For purposes of this section, “abandoned vehicle abatement” means the removal of a vehicle from public or private property by towing or any other means after the vehicle has been marked as abandoned by an official of a governmental agency that is a member of the service authority. (g) A service authority shall cease to exist on the date that all revenues received by the authority pursuant to this section and Section 9250.7 have been expended. (h) In the event of a conflict with other provisions of law, this section shall govern the disbursement of money collected pursuant to this section and from the Abandoned Vehicle Trust Fund for the implementation of the abandoned vehicle abatement program. (Amended by Stats. 2007, Ch. 389, Sec. 2. Effective January 1, 2008.)
  36. 22711.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The listed local and state entities may transport abandoned vehicles to certain correctional institutions, but only after meeting reporting requirements and getting the Director of Corrections’ consent.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Authority to Remove Vehicles [22650 - 22711] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 22711. Notwithstanding any other provision of law, the California Highway Patrol, any city, county, or city and county which has an abandoned vehicle abatement program, and any service authority established under Section 22710, upon satisfying all applicable reporting requirements provided in this chapter, may, with the consent of the Director of Corrections, transport any abandoned vehicle to, and dispose of any abandoned vehicle at, any institution under the jurisdiction of the director which has a program established pursuant to Section 2813.5 of the Penal Code. (Added by Stats. 1991, Ch. 1157, Sec. 2.)
  37. 22850.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    When an officer or employee removes a vehicle, they must take it to a safe storage location and determine the vehicle’s mileage at the time of removal.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22850. Whenever an officer or employee removes a vehicle from a highway, or from public or private property, unless otherwise provided, he shall take the vehicle to the nearest garage or other place of safety or to a garage designated or maintained by the governmental agency of which the officer or employee is a member, where the vehicle shall be placed in storage. At the time of such removal, the officer or employee shall determine the amount of mileage on the vehicle. (Amended by Stats. 1975, Ch. 239.)
  38. 22850.3.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A stored vehicle may be released only when the owner or person in control provides proof of current registration, and storage facilities must post a notice explaining that rule.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22850.3. (a) A vehicle placed in storage pursuant to Section 22850 shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration. The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays. (b) At every storage facility there shall be posted in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof of current registration or, at the discretion of the impounding agency, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency. (Amended by Stats. 1994, Ch. 1220, Sec. 64. Effective September 30, 1994.)
  39. 22850.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    Local and state authorities may set procedures and administrative charges for releasing properly impounded vehicles, but the charges are tightly limited to certain owners and requesters, and some charges can be waived if the vehicle was reported stolen.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22850.5. (a) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles to the registered owner or the agent of the registered owner and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles to the registered owner or to the agent of the registered owner. Those administrative costs may be waived by the local or state authority upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed. (b) The following apply to any charges imposed for administrative costs pursuant to subdivision (a): (1) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder’s total charges and proper administrative costs. (2) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner. (3) The charges shall be in addition to any other charges authorized or imposed pursuant to this code. (4) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner. In addition, the charge may be imposed only upon the person requesting that hearing or appeal. No administrative costs authorized under subdivision (a) shall be charged to the legal owner who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The impounding agency, or any person acting on behalf of the agency, shall not require the legal owner or the legal owner’s agent to produce any documents other than those specified in paragraph (3) of subdivision (f) of Section 14602.6 or paragraph (3) of subdivision (e) of Section 14602.7. The impounding agency, or any person acting on behalf of the agency, shall not require any documents to be notarized. (Amended by Stats. 2015, Ch. 740, Sec. 17. (AB 281) Effective January 1, 2016.)
  40. 22851.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    Garage keepers get a possession-based lien for towing and storage costs, and may enforce it after the stated retention period. Owners can reclaim a vehicle before removal by paying towing charges, and registered owners or authorized agents are entitled to personal property in the vehicle during normal business hours without charge.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851. (a) (1) Whenever a vehicle has been removed to a garage under this chapter and the keeper of the garage has received the notice or notices as provided herein, the keeper shall have a lien dependent upon possession for his or her compensation for towage and for caring for and keeping safe the vehicle for a period not exceeding 60 days or, if an application for an authorization to conduct a lien sale has been filed pursuant to Section 3068.1 of the Civil Code within 30 days after the removal of the vehicle to the garage, 120 days and, if the vehicle is not recovered by the owner within that period or the owner is unknown, the keeper of the garage may satisfy his or her lien in the manner prescribed in this article. The lien shall not be assigned. Possession of the vehicle is deemed to arise when a vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations that have been requested by a law enforcement agency have begun at the scene. (2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the towing company the towing charges. (b) No lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current registered owner or the owner’s authorized agent upon demand and without charge during normal business hours. Notwithstanding any other provision of law, normal business hours are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays. A gate fee may be charged for returning property after normal business hours, weekends, and state holidays. The maximum hourly charge for nonbusiness hours releases shall be one-half the hourly tow rate charged for initially towing the vehicle, or less. The lienholder is not responsible for property after any vehicle has been disposed of pursuant to this chapter. (Amended by Stats. 2001, Ch. 127, Sec. 8. Effective July 30, 2001.)
  41. 22851.1.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    An impounded vehicle may be sold to satisfy certain liens, and the local authority may have a lien for parking violation bail if specified conditions are met.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.1. (a) If the vehicle is impounded pursuant to subdivision (i) of Section 22651 and not released as provided in that subdivision, the vehicle may be sold pursuant to this chapter to satisfy the liens specified in Section 22851 and in subdivision (b) of this section. (b) A local authority impounding a vehicle pursuant to subdivision (i) of Section 22651 shall have a lien dependent upon possession by the keeper of the garage for satisfaction of bail for all outstanding notices of parking violation issued by the local authority for the vehicle, when the conditions specified in subdivision (c) have been met. This lien shall be subordinate in priority to the lien established by Section 22851, and the proceeds of any sale shall be applied accordingly. Consistent with this order of priority, the term “lien,” as used in this article and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, includes a lien imposed by this subdivision. In any action brought to perfect the lien, where required by subdivision (d) of Section 22851.8 of this code, or by subdivision (d) of Section 3071 or subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the recovery of bail that the owner of the vehicle at the time of impoundment was not the owner of the vehicle at the time of the parking offense. (c) A lien shall exist for bail with respect to parking violations for which no person has answered the charge in the notice of parking violation given, or filed an affidavit of nonownership pursuant to and within the time specified in subdivision (b) of Section 41103. (Amended by Stats. 1996, Ch. 124, Sec. 129. Effective January 1, 1997.)
  42. 22851.10.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A low-value stored vehicle may be disposed of only to a licensed dismantler or scrap iron processor after 15 days, unless a Declaration of Opposition is returned. After disposal, the lienholder must send specified documents within five days, and the vehicle generally may not be reconstructed or made operable.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.10. (a) A vehicle determined to have a value not exceeding five hundred dollars ($500) pursuant to Section 22670 that was stored pursuant to this chapter, and that remains unclaimed, or for which reasonable towing and storage charges remain unpaid, shall be disposed of only to a licensed dismantler or scrap iron processor not earlier than 15 days after the date the Notice of Intent to Dispose of a Vehicle Valued at $500 or Less form required pursuant to subdivision (b) of Section 22851.8 was mailed, unless a Declaration of Opposition form has been signed and returned to the lienholder. (b) If the vehicle has been disposed of to a licensed dismantler or scrap iron processor, the lienholder shall forward the following forms and information to the licensed dismantler or scrap iron processor within five days: (1) A statement, signed under penalty of perjury, that a properly executed Declaration of Opposition form was not received. (2) A copy of the notice sent to all interested parties. (3) A certification from the public agency that made the determination of value pursuant to Section 22670. (4) The proof of service pursuant to subdivision (e) of Section 22851.8 or a copy of the court judgment, if any in favor of the lienholder entered pursuant to subdivision (d) of Section 22851.8. (5) The name, address, and telephone number of the licensed dismantler or scrap iron processor who received the vehicle. (6) The amount the lienholder received for the vehicle. (c) A vehicle disposed of pursuant to this section shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable. (Amended by Stats. 2004, Ch. 650, Sec. 16. Effective January 1, 2005.)
  43. 22851.12.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A lienholder may charge a lien-sale preparation fee, capped at $70 for vehicles valued at $4,000 or less and $100 for vehicles valued above $4,000, with limits on when the fee can start and how much can be charged early.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.12. The lienholder may charge a fee for lien-sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value determined to be four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) in the case of a vehicle having a value determined to be greater than four thousand dollars ($4,000), from any person who redeems the vehicle prior to disposal or is sold through a lien sale pursuant to this chapter. These charges may commence and become part of the possessory lien when the lienholder requests the names and addresses of all persons having an interest in the vehicle from the department. Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or the registration service agent has possession of the required lien processing documents. This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage. (Amended by Stats. 1998, Ch. 203, Sec. 7. Effective January 1, 1999.)
  44. 22851.2.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A public agency that removes a low-value vehicle must notify the Stolen Vehicle System within 48 hours and give the lienholder a detailed report. If ownership cannot be determined, the agency may authorize disposal of the vehicle.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.2. (a) Excepting a vehicle removed pursuant to Section 22669, if the vehicle is determined to have a value not exceeding five hundred dollars ($500) pursuant to Section 22670, the public agency that removed the vehicle shall do all of the following: (1) Within 48 hours after removal of the vehicle, notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal. (2) Prepare and give to the lienholder a report that includes all of the following: (A) The value of the vehicle estimated pursuant to Section 22670. (B) The identification of the estimator. (C) The location of the vehicle. (D) A description of the vehicle, including the make, year model, identification number, license number, state of registration, and, if a motorcycle, an engine number. (E) The statutory authority for storage. (b) If the vehicle is in a condition that there is no means of determining ownership, the public agency that removed the vehicle may give authorization to dispose of the vehicle. If authorization for disposal is not issued, a vehicle identification number shall be assigned prior to commencing the lien sale proceedings. (Amended by Stats. 2004, Ch. 650, Sec. 12. Effective January 1, 2005.)
  45. 22851.3.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    If an impounded vehicle is valued at $500 or less, the public agency must follow notice, hearing, and disposal steps before it can be disposed of.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.3. Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee of a public agency authorized pursuant to Section 22669, removes, or causes the removal of, a vehicle pursuant to Section 22669 and the public agency or, at the request of the public agency, the lienholder determines the estimated value of the vehicle is five hundred dollars ($500) or less, the public agency that removed, or caused the removal of, the vehicle shall cause the disposal of the vehicle under this section, subject to all of the following requirements: (a) Not less than 72 hours before the vehicle is removed, the peace officer or the authorized public employee has securely attached to the vehicle a distinctive notice which states that the vehicle will be removed by the public agency. This subdivision does not apply to abandoned vehicles removed pursuant to subdivision (d) of Section 22669 which are determined by the public agency to have an estimated value of three hundred dollars ($300) or less. (b) Immediately after removal of the vehicle, the public agency which removed, or caused the removal of, the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal. (c) The public agency that removed, or caused the removal of, the vehicle or, at the request of the public agency, the lienholder shall obtain a copy of the names and addresses of all persons having an interest in the vehicle, if any, from the Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. This subdivision does not require the public agency or lienholder to obtain a copy of the actual record on file at the Department of Motor Vehicles. (d) Within 48 hours of the removal, excluding weekends and holidays, the public agency that removed, or caused the removal of, the vehicle or, at the request of the public agency, the lienholder shall send a notice to the registered and legal owners at their addresses of record with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle. A notice sent by the public agency shall be sent by certified or first-class mail, and a notice sent by the lienholder shall be sent by certified mail. The notice shall include all of the following information: (1) The name, address, and telephone number of the public agency providing the notice. (2) The location of the place of storage and description of the vehicle which shall include, if available, the vehicle make, license plate number, vehicle identification number, and mileage. (3) The authority and purpose for the removal of the vehicle. (4) A statement that the vehicle may be disposed of 15 days from the date of the notice. (5) A statement that the owners and interested persons, or their agents, have the opportunity for a poststorage hearing before the public agency that removed, or caused the removal of, the vehicle to determine the validity of the storage if a request for a hearing is made in person, in writing, or by telephone within 10 days from the date of notice; that, if the owner or interested person, or his or her agent, disagrees with the decision of the public agency, the decision may be reviewed pursuant to Section 11523 of the Government Code; and that during the time of the initial hearing, or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the vehicle in question may not be disposed of. (e) (1) A requested hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency that removed the vehicle may authorize its own officers to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. (2) Failure of either the registered or legal owner or interested person, or his or her agent, to request or to attend a scheduled hearing shall satisfy the poststorage validity hearing requirement of this section. (f) The public agency employing the person, or utilizing the services of a contractor or franchiser pursuant to subdivision (b) of Section 22669, that removed, or caused the removal of, the vehicle and that directed any towing or storage, is responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable grounds to believe that the vehicle was abandoned are not established. (g) An authorization for disposal may not be issued by the public agency that removed, or caused the removal of, the vehicle to a lienholder who is storing the vehicle prior to the conclusion of a requested poststorage hearing or any judicial review of that hearing. (h) If, after 15 days from the notification date, the vehicle remains unclaimed and the towing and storage fees have not been paid, and if no request for a poststorage hearing was requested or a poststorage hearing was not attended, the public agency that removed, or caused the removal of, the vehicle shall provide to the lienholder who is storing the vehicle, on a form approved by the Department of Motor Vehicles, authorization to dispose of the vehicle. The lienholder may request the public agency to provide the authorization to dispose of the vehicle. (i) If the vehicle is claimed by the owner or his or her agent within 15 days of the notice date, the lienholder who is storing the vehicle may collect reasonable fees for services rendered, but may not collect lien sale fees as provided in Section 22851.12. (j) Disposal of the vehicle by the lienholder who is storing the vehicle may only be to a licensed dismantler or scrap iron processor. A copy of the public agency’s authorization for disposal shall be forwarded to the licensed dismantler within five days of disposal to a licensed dismantler. A copy of the public agency’s authorization for disposal shall be retained by the lienholder who stored the vehicle for a period of 90 days if the vehicle is disposed of to a scrap iron processor. (k) If the names and addresses of the registered and legal owners of the vehicle are not available from the records of the Department of Motor Vehicles, either directly or by use of the California Law Enforcement Telecommunications System, the public agency may issue to the lienholder who stored the vehicle an authorization for disposal at any time after the removal. The lienholder may request the public agency to issue an authorization for disposal after the lienholder ascertains that the names and addresses of the registered and legal owners of the vehicle are not available from the records of the Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. (l) A vehicle disposed of pursuant to this section may not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable. (Amended by Stats. 2003, Ch. 67, Sec. 1. Effective January 1, 2004.)
  46. 22851.4.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    If a vehicle is valued over $500 under Section 22670, the lien must be satisfied under Civil Code Sections 3067 to 3074.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.4. If the vehicle is determined to have a value exceeding five hundred dollars ($500) pursuant to Section 22670, the lien shall be satisfied pursuant to Sections 3067 to 3074, inclusive, of the Civil Code. (Amended by Stats. 2004, Ch. 650, Sec. 13. Effective January 1, 2005.)
  47. 22851.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    Alameda and Los Angeles counties may run a program to dispose of certain recreational vehicles, but only under detailed notice, hearing, timing, and disposal rules.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.5. (a) The Counties of Alameda and Los Angeles may implement a program to dispose of recreational vehicles subject to the requirements described in subdivision (b). (b) Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any other employee of a public agency authorized pursuant to Section 22669, removes, or causes the removal of, a recreational vehicle pursuant to Section 22669, and the public agency or, at the request of the public agency, the lienholder determines the estimated value of the recreational vehicle is four thousand dollars ($4,000) or less, the public agency that removed, or caused the removal of, the recreational vehicle shall cause the disposal of the recreational vehicle subject to all of the following requirements: (1) Not less than 72 hours before the recreational vehicle is removed, the peace officer or the authorized public employee has securely attached to the recreational vehicle a distinctive notice which states that the recreational vehicle will be removed by the public agency and that if the recreational vehicle is towed, it can be recovered for at least 30 days after the public agency notifies the registered owner of the recreational vehicle pursuant to paragraph (4). The notice shall also include contact information for an individual to learn where their recreational vehicle and other possessions may be recovered. This subdivision does not apply to abandoned recreational vehicles removed pursuant to subdivision (d) of Section 22669 which are determined by the public agency to have an estimated value of three hundred dollars ($300) or less. (2) Immediately after removal of the recreational vehicle, the public agency which removed, or caused the removal of, the vehicle shall notify the Stolen Vehicle System of the Department of Justice in Sacramento of the removal. (3) The public agency that removed, or caused the removal of, the recreational vehicle or, at the request of the public agency, the lienholder shall obtain a copy of the names and addresses of all persons having an interest in the recreational vehicle, if any, from the Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. This paragraph does not require the public agency or lienholder to obtain a copy of the actual record on file at the Department of Motor Vehicles. (4) Within 48 hours of the removal, excluding weekends and holidays, the public agency that removed, or caused the removal of, the recreational vehicle or, at the request of the public agency, the lienholder shall send a notice to the registered and legal owners at their addresses of record with the Department of Motor Vehicles, and to any other person known to have an interest in the recreational vehicle. A notice sent by the public agency shall be sent by certified or first-class mail, and a notice sent by the lienholder shall be sent by certified mail. The notice shall include all of the following information: (A) The name, address, and telephone number of the public agency providing the notice. (B) The location of the place of storage and description of the recreational vehicle, which shall include, if available, the vehicle make, license plate number, vehicle identification number, and mileage. (C) The authority and purpose for the removal of the recreational vehicle. (D) A statement that the registered owner has up to 30 days from the date of notice to claim the recreational vehicle. (E) A statement that the owners and interested persons, or their agents, have the opportunity for a poststorage hearing before the public agency that removed, or caused the removal of, the recreational vehicle to determine the validity of the storage if a request for a hearing is made in person, in writing, or by telephone within 10 days from the date of notice; that, if the owner or interested person, or their agent, disagrees with the decision of the public agency, the decision may be reviewed pursuant to Section 11523 of the Government Code; and that during the time of the initial hearing, or during the time the decision is being reviewed pursuant to Section 11523 of the Government Code, the recreational vehicle in question may not be disposed of. (5) If the agency performing the removal is unable to collect the information necessary to identify the registered and legal owner of the recreational vehicle, including, but not limited to, the vehicle identification number, and is consequently unable to send the notice described in paragraph (4), the agency shall instead place and affix at least two copies of the notice within close geographic proximity to the removal location within 48 hours of the removal. (6) (A) A requested hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency that removed the recreational vehicle may authorize its own officers to conduct the hearing if the hearing officer is not the same person who directed the storage of the recreational vehicle. (B) Failure of either the registered or legal owner or interested person, or their agent, to request or to attend a scheduled hearing shall satisfy the poststorage validity hearing requirement of this section. (7) The public agency employing the person, or utilizing the services of a contractor or franchiser pursuant to subdivision (b) of Section 22669, that removed, or caused the removal of, the recreational vehicle and that directed any towing or storage, is responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable grounds to believe that the recreational vehicle was abandoned are not established. (8) The public agency that removed, or caused the removal of, the recreational vehicle and that directed any towing and storage pursuant to subdivision (d) of Section 22669, is responsible for the costs incurred for towing and storage if it is determined in the hearing that the recreational vehicle was not inoperable or was not a hazard to public health, safety, and welfare. (9) An authorization for disposal may not be issued by the public agency that removed, or caused the removal of, the recreational vehicle to a lienholder who is storing the recreational vehicle prior to the conclusion of a requested poststorage hearing or any judicial review of that hearing. (10) (A) If, after 30 days from the notification date, the recreational vehicle remains unclaimed and the towing and storage fees have not been paid, and if no poststorage hearing was requested or a poststorage hearing was not attended, the public agency that removed, or caused the removal of, the recreational vehicle shall provide to the lienholder who is storing the recreational vehicle, on a form approved by the Department of Motor Vehicles, authorization to dispose of the recreational vehicle. Except as provided in subparagraph (B), the authorization to dispose of the recreational vehicle shall include a verification that the recreational vehicle is inoperable. The lienholder may request the public agency to provide the authorization to dispose of the recreational vehicle. (B) If the recreational vehicle is operable, the public agency may authorize the disposal of the recreational vehicle only if it was towed due to it posing an environmental or public safety hazard. (11) If the recreational vehicle is claimed by the owner or their agent within 30 days of the notice date, the lienholder who is storing the vehicle may collect reasonable fees for services rendered, but may not collect lien sale fees as provided in Section 22851.12. (12) Disposal of the recreational vehicle by the lienholder who is storing the vehicle may only be to a licensed dismantler or scrap iron processor. A copy of the public agency’s authorization for disposal shall be forwarded to the licensed dismantler within five days of disposal to a licensed dismantler. A copy of the public agency’s authorization for disposal shall be retained by the lienholder who stored the recreational vehicle for a period of 90 days if the recreational vehicle is disposed of to a scrap iron processor. (13) (A) If the names and addresses of the registered and legal owners of the recreational vehicle are not available from the records of the Department of Motor Vehicles, either directly or by use of the California Law Enforcement Telecommunications System, the public agency may issue to the lienholder who stored the recreational vehicle an authorization for disposal at any time after the removal. (B) The lienholder may request the public agency to issue an authorization for disposal after the lienholder ascertains that the names and addresses of the registered and legal owners of the recreational vehicle are not available from the records of the Department of Motor Vehicles either directly or by use of the California Law Enforcement Telecommunications System. (14) A recreational vehicle disposed of pursuant to this section may not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004, in which case the vehicle may be reconstructed or made operable. (15) Local public agencies authorized and designated to remove recreational vehicles pursuant to this section shall annually report to their governing body the following information regarding recreational vehicles removed pursuant to this section for the preceding year: (A) The number of recreational vehicles removed. (B) The number of people found in recreational vehicles prior to removal. (C) The number of recreational vehicles that were operable. (D) The number of recreational vehicles that were inoperable. (c) For the purposes of this section, the following definitions apply: (1) A “recreational vehicle” has the same meaning as defined in Section 18010 of the Health and Safety Code. (2) A recreational vehicle is “inoperable” if it can only be moved by a tow truck. (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 699, Sec. 1. (AB 630) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  48. 22851.6.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    Lienholders who acquire certain low-value vehicles must satisfy their lien under specified sections, and the DMV prescribes the required forms.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.6. (a) Lienholders who acquire a vehicle subject to Section 22851.2 shall satisfy their lien pursuant to Sections 22851.8 and 22851.10 if the vehicle has a value not exceeding five hundred dollars ($500), as determined pursuant to Section 22670. (b) All forms required by Sections 22851.8 and 22851.10 shall be prescribed by the Department of Motor Vehicles. The language used in the notices and declarations shall be simple and nontechnical. (Amended by Stats. 2004, Ch. 650, Sec. 14. Effective January 1, 2005.)
  49. 22851.8.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A lienholder must quickly request owner-interest information from the DMV, send required notices to interested persons, and may dispose of the vehicle only if the notice-and-opposition rules are satisfied.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22851.8. (a) The lienholder shall, within 15 working days following the date of possession of the vehicle, make a request to the Department of Motor Vehicles for the names and addresses of all persons having an interest in the vehicle. A storage charge may not accrue beyond the 15-day period unless the lienholder has made a request to the Department of Motor Vehicles as provided for in this section. (b) By certified mail with return receipt requested or by United States Postal Service Certificate of Mailing, the lienholder shall immediately, upon receipt of this information, send the following prescribed forms and enclosures to the registered owner and legal owner at their addresses of record with the Department of Motor Vehicles, and to any other person known to have an interest in the vehicle: (1) A completed form entitled “Notice of Intent to Dispose of a Vehicle Valued at $500 or Less.” (2) A blank form entitled “Declaration of Opposition.” (3) A return envelope preaddressed to the lienholder. (c) All notices to persons having an interest in the vehicle shall be signed under penalty of perjury and shall include all of the following: (1) A description of the vehicle, including make, year, model, identification number, license number, and state of registration. For motorcycles, the engine number shall also be included. (2) The names and addresses of the registered and legal owners of the vehicle and any other person known to have an interest in the vehicle. (3) The following statements and information: (A) The amount of the lien. (B) The facts concerning the claim that gives rise to the lien. (C) The person has a right to a hearing in court. (D) If a hearing in court is desired, a Declaration of Opposition form shall be signed under penalty of perjury and returned to the lienholder within 10 days of the date the notice form specified in paragraph (1) of subdivision (b) was mailed. (E) If the Declaration of Opposition form is signed and mailed, the lienholder shall be allowed to dispose of the vehicle only if the lienholder obtains a court judgment or a subsequent release from the declarant or if the declarant cannot be served as described in subdivision (e). (F) If a court action is filed, the declarant shall be notified of the lawsuit at the address shown on the Declaration of Opposition form, and the declarant may appear to contest the claim. (G) The declarant may be liable for court costs if a judgment is entered in favor of the lienholder. (4) A statement that the lienholder may dispose of the vehicle to a licensed dismantler or scrap iron processor if it is not redeemed or if a Declaration of Opposition form is not signed and mailed to the lienholder within 10 days of the date the notice form specified in paragraph (1) of subdivision (b) was mailed. (d) If the lienholder receives a completed Declaration of Opposition form within the time prescribed, the vehicle shall not be disposed of unless the lienholder files an action in court within 20 days of the date the notice form specified in paragraph (1) of subdivision (b) was mailed and a judgment is subsequently entered in favor of the lienholder or unless the declarant subsequently releases his or her interest in the vehicle. If a money judgment is entered in favor of the lienholder and the judgment is not paid within five days after becoming final, then the lienholder may dispose of the vehicle through a dismantler or scrap iron processor. (e) (1) Service on the declarant in person or by certified mail, return receipt requested, signed by the addressee at the address shown on the Declaration of Opposition form, shall be effective for the serving of process. (2) If the lienholder has served the declarant by certified mail, return receipt requested, at the address shown on the Declaration of Opposition form and the mail has been returned unclaimed, or if the lienholder has attempted to effect service on the declarant in person with a marshal, sheriff, or licensed process server and the marshal, sheriff, or licensed process server has been unable to effect service on the declarant, the lienholder may proceed with the judicial proceeding or proceed with the lien sale without a judicial proceeding. The lienholder shall notify the Department of Motor Vehicles of the inability to effect service on the declarant and shall provide the Department of Motor Vehicles with a copy of the documents with which service on the declarant was attempted. Upon receipt of the notification of unsuccessful service, the Department of Motor Vehicles shall send authorization of the sale to the lienholder and send notification of the authorization to the declarant. If service is effected on the declarant, the proof of service shall be submitted to the Department of Motor Vehicles with the documents specified in Section 22851.10. (Amended by Stats. 2004, Ch. 650, Sec. 15. Effective January 1, 2005.)
  50. 22852.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    When a vehicle is stored by or at the direction of a public agency member, the agency must give the owner or agent a poststorage hearing opportunity and send notice quickly; owners must request the hearing within 10 days.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22852. (a) Whenever an authorized member of a public agency directs the storage of a vehicle, as permitted by this chapter, or upon the storage of a vehicle as permitted under this section (except as provided in subdivision (f) or (g)), the agency or person directing the storage shall provide the vehicle’s registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage. (b) A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, and shall include all of the following information: (1) The name, address, and telephone number of the agency providing the notice. (2) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (3) The authority and purpose for the removal of the vehicle. (4) A statement that, in order to receive their poststorage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. (c) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. (d) Failure of either the registered or legal owner, or his or her agent, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement. (e) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established. (f) This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658. (g) This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of five hundred dollars ($500) or less. (Amended by Stats. 2004, Ch. 650, Sec. 17. Effective January 1, 2005.)
  51. 22852.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    If a possessory lien on a vehicle is lost through trick, fraud, or device, repossession by the lienholder revives the lien, but the revived lien is subordinate to later good-faith interests for value. The section also makes certain conduct a misdemeanor.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22852.5. (a) Whenever the possessory lien upon any vehicle is lost through trick, fraud, or device, the repossession of the vehicle by the lienholder revives the possessory lien, but any lien so revived is subordinate to any right, title, or interest of any person under any sale, transfer, encumbrance, lien, or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession. (b) It is a misdemeanor for any person to obtain possession of any vehicle or any part thereof subject to a lien pursuant to the provisions of this chapter by trick, fraud, or device. (c) It is a misdemeanor for any person claiming a lien on a vehicle to knowingly violate any provision of this chapter. (Added by Stats. 1980, Ch. 1111, Sec. 36.)
  52. 22853.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    When a vehicle is removed and the owner cannot be identified or notified, the removing officer, employee, or private party must notify the Department of Justice and, in some cases, file or mail a written report and a garage notice.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22853. (a) Whenever an officer or an employee removing a California registered vehicle from a highway or from public property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give notice to the owner as required by Section 22852, the officer or employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle System, of its removal. The officer or employee shall file a notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time, and place from which removed, the amount of mileage on the vehicle at the time of removal, and the name of the garage or place where the vehicle is stored. (b) Whenever an officer or an employee removing a vehicle not registered in California from a highway or from public property for storage under this chapter does not know and is not able to ascertain the owner or for any other reason is unable to give the notice to the owner as required by Section 22852, the officer or employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle System. If the vehicle is not returned to the owner within 120 hours, the officer or employee shall immediately send, or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored. (c) Whenever an officer or employee or private party removing a vehicle from private property for storage under this chapter does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as required by Section 22852 and if the vehicle is not returned to the owner within a period of 120 hours, the officer or employee or private party shall immediately send, or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The report shall be made on a form furnished by that department and shall include a complete description of the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is stored. (Repealed and added by Stats. 1983, Ch. 913, Sec. 6.)
  53. 22854.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    The Department of Justice must notify the vehicle’s registered or legal owner in writing when it receives notice that a vehicle was removed, and include specified details about the removal.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22854. The Department of Justice upon receiving notice under Section 22853 of the removal of a vehicle from a highway, or from public or private property, shall notify the registered and legal owner in writing at the addresses of such persons as shown by the records of the Department of Motor Vehicles, if the vehicle is registered in this state, of the removal of such vehicle, and give the name of the officer reporting such removal, the grounds upon which the removal was authorized and the location of the vehicle. If the vehicle is not registered in this state, the department shall make reasonable effort to notify the legal or registered owner of the removal and location of the vehicle. The notice to the registered or legal owner shall list the amount of mileage on the vehicle at the time of removal. (Amended by Stats. 1975, Ch. 239.)
  54. 22854.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    An officer, employee, or agency that directs storage of a vehicle may notify the National Law Enforcement Telecommunication System and send specified vehicle information.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22854.5. Whenever an officer or employee of a public agency directs the storage of a vehicle under this chapter, the officer, employee, or agency directing that storage may notify the National Law Enforcement Telecommunication System by transmitting by any means available, including, but not limited to, electronic means, the vehicle identification number, the information listed in paragraphs (1), (2), and (3) of subdivision (b) of Section 22852, and the information described under Section 22853. (Added by Stats. 2003, Ch. 622, Sec. 1. Effective January 1, 2004.)
  55. 22855.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    Certain designated public officers and employees may appraise vehicle value for this chapter.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22855. The following persons shall have the authority to make appraisals of the value of vehicles for purposes of this chapter, subject to the conditions stated in this chapter: (a) Any peace officer of the Department of the California Highway Patrol designated by the commissioner. (b) Any regularly employed and salaried deputy sheriff, any reserve deputy sheriff listed under Section 830.6 of the Penal Code, or any other employee designated by the sheriff of any county. (c) Any regularly employed and salaried police officer, any reserve police officer listed under Section 830.6 of the Penal Code, or any other employee designated by the chief of police of any city. (d) Any officer or employee of the Department of Motor Vehicles designated by the director of that department. (e) Any regularly employed and salaried police officer, or reserve police officer, or other employee of the University of California Police Department designated by the chief of the department. (f) Any regularly salaried employee of a city, county, or city and county designated by a board of supervisors or a city council pursuant to subdivision (a) of Section 22669. (g) Any regularly employed and salaried police officer, or reserve police officer, or other employee of the police department of a California State University designated by the chief thereof. (h) Any regularly employed and salaried security officer or other employee of a transit district security force designated by the chief thereof. (i) Any regularly employed and salaried peace officer, or reserve peace officer, or other employee of the Department of Parks and Recreation designated by the director of that department. (Amended by Stats. 2003, Ch. 292, Sec. 8. Effective January 1, 2004.)
  56. 22856.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. )

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    A towing company is generally protected from a despoliation-of-evidence lawsuit when it sells or disposes of a vehicle after a lien sale, unless it knew or should have known the vehicle would be needed as evidence.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 10. Removal of Parked and Abandoned Vehicles [22650 - 22856] ( Chapter 10 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Vehicle Disposition [22850 - 22856] ( Heading of Article 2 renumbered from Article 3 by Stats. 1980, Ch. 1111, Sec. 28. ) ## 22856. Notwithstanding any other provision of law, no cause of action for despoliation of evidence shall arise against any towing company that sells any vehicle at, or disposes of any vehicle after, a lien sale, unless the company knew, or should have known, that the vehicle will be needed as evidence in a legal action. (Added by Stats. 1989, Ch. 457, Sec. 3.)
  57. 22950.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. )

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    Cities with more than 2,000,000 inhabitants must regulate offstreet parking facilities within their jurisdiction, and their rules must not conflict with this chapter.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. ) ## 22950. Any city having a population of over 2,000,000 inhabitants shall regulate offstreet parking facilities within its jurisdiction in a manner not inconsistent with any provisions of this chapter. (Repealed and added by Stats. 1976, Ch. 802.)
  58. 22951.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. )

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    An offstreet parking facility operator must not park a patron’s vehicle in any street or alley.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. ) ## 22951. No operator of any offstreet parking facility shall park the vehicle of a patron of the facility in any street or alley. (Added by renumbering Section 22518 by Stats. 1965, Ch. 1041.)
  59. 22952.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. )

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    Operators of off-street parking facilities commit a violation if they tow or authorize towing in the listed situations.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. ) ## 22952. Every person engaged in the operation of off-street parking facilities is guilty of a violation, who: (a) Tows or removes or authorizes the towing and removal of any vehicle within 24 hours of the expiration of the period for which a particular fee is charged. This subdivision shall not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the additional time such vehicle is parked. (b) Tows or removes or authorizes the towing and removal of any vehicle when such parking facilities are held open for public use and there was no attendant on duty or other facilities permitting the patron to pay or remit the parking charges at the time such vehicle was first parked. This subdivision shall not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the time such vehicle is parked. (Amended by Stats. 1968, Ch. 1192.)
  60. 22953.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. )

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    Certain property owners, lawful possessors, employees, or agents may not tow a vehicle within one hour after it is parked, but immediate removal is allowed for specified illegal parking situations.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 11. Parking Lots [22950 - 22953] ( Chapter 11 enacted by Stats. 1959, Ch. 3. ) ## 22953. (a) An owner or person in lawful possession of private property that is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, or an employee or agent thereof, shall not tow or remove, or cause the towing or removal, of a vehicle within one hour of the vehicle being parked. (b) Notwithstanding subdivision (a), a vehicle may be removed immediately after being illegally parked within 15 feet of a fire hydrant, in a fire lane, in a manner that interferes with an entrance to, or an exit from, the private property, or in a parking space or stall legally designated for disabled persons. (c) Subdivision (a) does not apply to property designated for parking at residential property, or to property designated for parking at a hotel or motel where the parking stalls or spaces are clearly marked for a specific room. (d) It is the intent of the Legislature in the adoption of subdivision (a) to avoid causing the unnecessary stranding of motorists and placing them in dangerous situations, when traffic citations and other civil remedies are available, thereby promoting the safety of the general public. (e) A person who violates subdivision (a) is civilly liable to the owner of the vehicle or his or her agent for two times the amount of the towing and storage charges. (Amended by Stats. 2006, Ch. 609, Sec. 5. Effective January 1, 2007.)
  61. 23.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. )

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    This section says when notice is legally complete for personal delivery, mail, and authorized electronic notification.

    ## Vehicle Code - VEH ## General Provisions ( General Provisions enacted by Stats. 1959, Ch. 3. ) ## 23. The giving of notice by personal delivery is complete upon delivery of a copy of the notice to the person to be notified. The giving of notice by mail is complete upon the expiration of four days after deposit of the notice in the mail, except that in the case of a notice informing a person of an offense against them under Section 40001, the notice is complete 10 days after mailing. The giving of notice by electronic notification, as authorized pursuant to Section 1801.2, is complete upon sending the electronic notification. (Amended by Stats. 2022, Ch. 838, Sec. 2. (SB 1193) Effective January 1, 2023.)
  62. 230.

    ## 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 “axle” for the Vehicle Code.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 230. An “axle” is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. (Enacted by Stats. 1959, Ch. 3.)
  63. 230.5.

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

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    A “B-train assembly” means a rigid frame extension attached to the rear frame of a semitrailer that allows a fifth wheel connection point for a second semitrailer.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 230.5. A “B-train assembly” is a rigid frame extension attached to the rear frame of a semitrailer which allows for a fifth wheel connection point for a second semitrailer. (Added by Stats. 1991, Ch. 13, Sec. 13. Effective February 13, 1991.)
  64. 231.

    ## 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 a bicycle as a human-powered device with one or more wheels, and says an electric bicycle counts as a bicycle.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 231. A bicycle is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle. (Amended by Stats. 2021, Ch. 311, Sec. 1. (SB 814) Effective January 1, 2022.)
  65. 231.5.

    ## 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 says that a “bicycle path” or “bike path” means a Class I bikeway.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 231.5. A “bicycle path” or “bike path” is a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code. (Added by Stats. 2009, Ch. 200, Sec. 5. (SB 734) Effective January 1, 2010.)
  66. 231.6.

    ## 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 what counts as a “bicycle path crossing” and says it does not count if local authorities have posted no-crossing signs.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 231.6. (a) A “bicycle path crossing” is either of the following: (1) That portion of a roadway included within the prolongation or connection of the boundary lines of a bike path at intersections where the intersecting roadways meet at approximately right angles. (2) Any portion of a roadway distinctly indicated for bicycle crossing by lines or other markings on the surface. (b) Notwithstanding subdivision (a), there shall not be a bicycle path crossing where local authorities have placed signs indicating no crossing. (Added by Stats. 2009, Ch. 200, Sec. 6. (SB 734) Effective January 1, 2010.)
  67. 23100.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This chapter applies to vehicles on highways and elsewhere throughout the state, unless the law says otherwise.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23100. The provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise. (Enacted by Stats. 1959, Ch. 3.)
  68. 23103.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Driving a vehicle on a highway or in an offstreet parking facility with willful or wanton disregard for the safety of people or property is reckless driving, and convicted persons face jail, a fine, or both.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. (Amended by Stats. 2010, Ch. 685, Sec. 2. (AB 2479) Effective January 1, 2011.)
  69. 23104.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Reckless driving that causes bodily injury can lead to jail, a fine, or both; a repeat offender whose reckless driving causes great bodily injury faces a different punishment rule.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23104. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment. (b) A person convicted of reckless driving that proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to a person other than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23105, 23109, 23109.1, 23152, or 23153, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 609. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  70. 23105.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person convicted of reckless driving that causes specified injuries may be punished by jail, prison, a fine, or both.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23105. (a) A person convicted of reckless driving in violation of Section 23103 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section applies to all of the following injuries: (1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis. (c) This section does not preclude or prohibit prosecution under any other provision of law. (Amended by Stats. 2011, Ch. 15, Sec. 610. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  71. 23109.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section bans motor vehicle speed contests, speed exhibitions, and related aiding, abetting, and obstruction on highways or offstreet parking facilities, and sets criminal penalties and license consequences.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23109. (a) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest. (b) A person shall not aid or abet in a motor vehicle speed contest on a highway or in an offstreet parking facility. (c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility. (d) A person shall not, for the purpose of facilitating or aiding or as an incident to a motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility. (e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case. (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. (5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. (g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). (h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than 1 day nor more than 30 days. (i) (1) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (2) (A) (i) Commencing January 1, 2029, the court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subparagraph (B) of paragraph (8) of subdivision (a) of Section 13352, only if the violation occurred as part of a sideshow. (ii) For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in an offstreet parking facility for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. A sideshow is also known as a street takeover. (B) A person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. (C) If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case. (j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction. (k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. (l) For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500. (m) This section shall be known and may be cited as the Louis Friend Memorial Act. (Amended by Stats. 2025, Ch. 16, Sec. 9. (SB 128) Effective June 27, 2025.)
  72. 23109.1.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person convicted of a motor vehicle speed contest offense that causes specified injuries may be punished by jail, prison, a fine, or both.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23109.1. (a) A person convicted of engaging in a motor vehicle speed contest in violation of subdivision (a) of Section 23109 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section applies to all of the following injuries: (1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis. (c) This section does not preclude or prohibit prosecution under any other provision of law. (Amended by Stats. 2011, Ch. 15, Sec. 612. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  73. 23109.2.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section lets a peace officer arrest a person and seize the vehicle used in certain driving offenses, sets when an impounded vehicle must be released, and allocates towing and storage charges.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in an activity set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense pursuant to Chapter 10 (commencing with Section 22650). A motor vehicle that is seized may be impounded for not more than 30 days. (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. (B) Reckless driving on a highway, as described in subdivision (a) of Section 23103. (C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103. (D) (i) Exhibition of speed on a highway or in an offstreet parking facility, as described in subdivision (c) of Section 23109. (ii) This subparagraph does not apply to aiding or abetting an exhibition of speed on any highway or in an offstreet parking facility. (b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other law, an impounding agency shall release a motor vehicle to the registered owner or their agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (A) If the vehicle is a stolen vehicle. (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in an activity described in subdivision (a). (D) If the legal owner or registered owner of the vehicle is a rental car agency. (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court. (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or their agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court. (3) If, pursuant to subparagraph (E) of paragraph (1), a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges. (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met: (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle. (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. Lien sale processing fees shall not be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. (e) (1) The registered owner or the registered owner’s agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. (2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges. (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle. (4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. (5) The vehicle may not be sold prior to the defendant’s conviction. (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, an impounding agency is not prohibited from making prior payment arrangements to satisfy this requirement. (f) A period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109. (Amended by Stats. 2024, Ch. 502, Sec. 1. (AB 2186) Effective January 1, 2025.)
  74. 23109.3.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    If a peace officer arrests someone for violating Section 23109(d) and has the vehicle removed and seized under Section 22651(h)(1), the officer does not have to take the person into custody.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23109.3. If a peace officer arrests a person for a violation of subdivision (d) of Section 23109 and causes the removal and seizure of the vehicle used to commit the violation pursuant to paragraph (1) of subdivision (h) of Section 22651, the peace officer shall not be required to take the person into custody. (Added by Stats. 2024, Ch. 501, Sec. 2. (AB 1978) Effective January 1, 2025.)
  75. 23109.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    In cases charging a Section 23109(a) violation, the court must not strike qualifying prior convictions within five years, and it must get the driver’s record from DMV.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23109.5. (a) In any case charging a violation of subdivision (a) of Section 23109 and where the offense occurs within five years of one or more prior offenses which resulted in conviction of violation of subdivision (a) of Section 23109, the court shall not strike any prior conviction of those offenses for purposes of sentencing in order to avoid imposing, as part of the sentence or term of probation, the minimum time of imprisonment, as provided in subdivision (f) of Section 23109, or for purposes of avoiding revocation, suspension, or restriction of the privilege to operate a motor vehicle, as provided in Section 13352 or 23109. (b) In any case charging a violation of subdivision (a) of Section 23109, the court shall obtain a copy of the driving record of the person charged from the Department of Motor Vehicles and may obtain any records from the Department of Justice or any other source to determine if one or more prior convictions of the person for violation of subdivision (a) of Section 23109 have occurred within five years of the charged offense. (Added by Stats. 1983, Ch. 953, Sec. 3.)
  76. 23110.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Throwing substances or missiles at a vehicle or its occupants on a highway is prohibited and can be a misdemeanor or felony, depending on intent and harm.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23110. (a) Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor. (b) Any person who with intent to do great bodily injury maliciously and willfully throws or projects any rock, brick, bottle, metal or other missile, or projects any other substance capable of doing serious bodily harm at such vehicle or occupant thereof is guilty of a felony and upon conviction shall be punished by imprisonment in the state prison. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 613) by Stats. 2011, Ch. 39, Sec. 65. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  77. 23111.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    People in vehicles and pedestrians must not throw or discharge cigarettes, cigars, matches, or any flaming or glowing substance onto roads, highways, or adjoining public or private areas.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23111. No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance. This section shall be known as the Paul Buzzo Act. (Amended by Stats. 1970, Ch. 1548.)
  78. 23112.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section prohibits throwing or depositing litter or other harmful matter on highways, and prohibits placing or dumping rocks, refuse, garbage, or dirt on highways without consent from the agency with jurisdiction.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23112. (a) No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind. (b) No person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, any rocks, refuse, garbage, or dirt in or upon any highway, including any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the highway. (Amended by Stats. 1980, Ch. 74, Sec. 4.)
  79. 23112.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    People who dump, spill, or release hazardous material or hazardous waste on a highway must notify the California Highway Patrol or the local traffic agency as soon as they know it and can do so.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23112.5. (a) Any person who dumps, spills, or causes the release of hazardous material, as defined by Section 353, or hazardous waste, as defined by Section 25117 of the Health and Safety Code, upon any highway shall notify the Department of the California Highway Patrol or the agency having traffic jurisdiction for that highway of the dump, spill, or release, as soon as the person has knowledge of the dump, spill, or release and notification is possible. Upon receiving notification pursuant to this section, the Department of the California Highway Patrol shall, as soon as possible, notify the Office of Emergency Services of the dump, spill, or release, except for petroleum spills of less than 42 gallons from vehicular fuel tanks. (b) Any person who is convicted of a violation of this section shall be punished by a mandatory fine of not less than two thousand dollars ($2,000). (Amended by Stats. 2013, Ch. 352, Sec. 525. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  80. 23112.7.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A vehicle used for illegal dumping can be impounded, and vehicles used for harmful waste dumping can also be forfeited and sold, subject to stated conditions and exceptions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23112.7. (a) (1) A motor vehicle used for illegal dumping of waste matter on public or private property is subject to impoundment pursuant to subdivision (c). (2) A motor vehicle used for illegal dumping of harmful waste matter on public or private property is subject to impoundment and civil forfeiture pursuant to subdivision (d). (b) For the purposes of this section, the following terms have the following meanings: (1) “Illegal dumping” means the willful or intentional depositing, dropping, dumping, placing, or throwing of any waste matter onto public or private property that is not expressly designated for the purpose of disposal of waste matter. “Illegal dumping” does not include the discarding of small quantities of waste matter related to consumer goods and that are reasonably understood to be ordinarily carried on or about the body of a living person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspaper, magazines, or other similar waste matter that escapes or is allowed to escape from a container, receptacle, or package. (2) “Waste matter” means any form of tangible matter described by any of the following: (A) All forms of garbage, refuse, rubbish, recyclable materials, and solid waste. (B) Dirt, soil, rock, decomposed rock, gravel, sand, or other aggregate material dumped or deposited as refuse. (C) Abandoned or discarded furniture; or commercial, industrial, or agricultural machinery, apparatus, structure, or other container; or a piece, portion, or part of these items. (D) All forms of liquid waste not otherwise defined in or deemed to fall within the purview of Section 25117 of the Health and Safety Code, including, but not limited to, water-based or oil-based paints, chemical solutions, water contaminated with any substance rendering it unusable for irrigation or construction, oils, fuels, and other petroleum distillates or byproducts. (E) Any form of biological waste not otherwise designated by law as hazardous waste, including, but not limited to, body parts, carcasses, and any associated container, enclosure, or wrapping material used to dispose these matters. (F) A physical substance used as an ingredient in any process, now known or hereafter developed or devised, to manufacture a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or that is a byproduct or result of the manufacturing process of the controlled substance. (3) “Harmful waste matter” is a hazardous substance as defined in Section 374.8 of the Penal Code; a hazardous waste as defined in Section 25117 of the Health and Safety Code; waste that, pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code, cannot be disposed in a municipal solid waste landfill without special handling, processing, or treatment; or waste matter in excess of one cubic yard. (c) (1) Whenever a person, who has one or more prior convictions of Section 374.3 or 374.8 of the Penal Code that are not infractions, is convicted of a misdemeanor violation of Section 374.3 of the Penal Code, or of a violation of Section 374.8 of the Penal Code, for illegally dumping waste matter or harmful waste matter that is committed while driving a motor vehicle of which he or she is the registered owner of the vehicle, or is the registered owner’s agent or employee, the court at the time of sentencing may order the motor vehicle impounded for a period of not more than six months. (2) In determining the impoundment period imposed pursuant to paragraph (1), the court shall consider both of the following factors: (A) The size and nature of the waste matter dumped. (B) Whether the dumping occurred for a business purpose. (3) The cost of keeping the vehicle is a lien on the vehicle pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code. (4) Notwithstanding paragraph (1), a vehicle impounded pursuant to this subdivision shall be released to the legal owner or his or her agent pursuant to subdivision (b) of Section 23592. (5) The impounding agency shall not be liable to the registered owner for the release of the vehicle to the legal owner or his or her agent when made in compliance with paragraph (4). (6) This subdivision does not apply if there is a community property interest in the vehicle that is owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class A, class B, or class C driver’s license. (d) (1) Notwithstanding Section 86 of the Code of Civil Procedure and any other provision of law otherwise prescribing the jurisdiction of the court based upon the value of the property involved, whenever a person, who has two or more prior convictions of Section 374.3 or 374.8 of the Penal Code that are not infractions, is charged with a misdemeanor violation of Section 374.3 of the Penal Code, or of a violation of Section 374.8 of the Penal Code, for illegally dumping harmful waste matter, the court with jurisdiction over the offense may, upon a motion of the prosecutor or the county counsel in a criminal action, declare a motor vehicle if used by the defendant in the commission of the violation, to be a nuisance, and upon conviction order the vehicle sold pursuant to Section 23596, if the person is the registered owner of the vehicle or the registered owner’s employee or agent. (2) The proceeds of the sale of the vehicle pursuant to this subdivision shall be distributed and used in decreasing order of priority, as follows: (A) To satisfy all costs of the sale, including costs incurred with respect to the taking and keeping of the vehicle pending sale. (B) To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of the sale, including accrued interest or finance charges and delinquency charges. (C) To recover the costs made, incurred, or associated with the enforcement of this section, the abatement of waste matter, and the deterrence of illegal dumping. (3) A vehicle shall not be sold pursuant to this subdivision in either of the following circumstances: (A) The vehicle is owned by the employer or principal of the defendant and the use of the vehicle was made without the employer’s or principal’s knowledge and consent, and did not provide a direct benefit to the employer’s or principal’s business. (B) There is a community property interest in the vehicle that is owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class A, class B, or class C driver’s license. (Added by Stats. 2006, Ch. 765, Sec. 1. Effective January 1, 2007.)
  81. 23113.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    If someone deposits certain material on a highway or street, they must remove it immediately.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23113. (a) Any person who drops, dumps, deposits, places, or throws, or causes or permits to be dropped, dumped, deposited, placed, or thrown, upon any highway or street any material described in Section 23112 or in subdivision (d) of Section 23114 shall immediately remove the material or cause the material to be removed. (b) If the person fails to comply with subdivision (a), the governmental agency responsible for the maintenance of the street or highway on which the material has been deposited may remove the material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person made responsible under subdivision (a). (c) A member of the Department of the California Highway Patrol may direct a responsible party to remove the aggregate material described in subdivision (d) of Section 23114 from a highway when that material has escaped or been released from a vehicle. (d) Notwithstanding any other provision of law, a government agency described in subdivision (b), the Department of the California Highway Patrol, or the employees or officers of those agencies, may not be held liable for any damage to material, to cargo, or to personal property caused by a negligent act or omission of the employee or officer when the employee or officer is acting within the scope and purpose of subdivision (b) or (c). Nothing in this subdivision affects liability for purposes of establishing gross negligence or willful misconduct. This subdivision applies to the negligent performance of a ministerial act, and does not affect liability under any provision of law, including liability, if any, derived from the failure to preserve evidence in a civil or criminal action. (Amended by Stats. 1999, Ch. 421, Sec. 2. Effective January 1, 2000.)
  82. 23114.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section limits how vehicles may carry aggregate and other loose materials on highways, including cover, containment, and equipment requirements, with specific exemptions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23114. (a) Except as provided in Subpart I (commencing with Section 393.100) of Title 49 of the Code of Federal Regulations related to hay and straw, a vehicle shall not be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. (b) (1) Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2). (2) Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following: (A) Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom dump release gates and tailgates. (B) Splash flaps behind every tire, or set of tires, regardless of the position on the truck, truck tractor, or trailer. (C) Center flaps at a location to the rear of each bottom dump release gate as to trucks or trailers equipped with bottom dump release gates. The center flap may be positioned directly behind the bottom dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap may extend not more than one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and may be not less than 24 inches from the bottom edge to the top edge of that center flap. (D) Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle that cover the tops of tires not already covered by the truck, truck tractor, or trailer body. (E) Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates. (F) Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading. (c) Vehicles comprised of full rigid enclosures are exempt only from subparagraphs (C) and (F) of paragraph (2) of subdivision (b). (d) For purposes of this section, “aggregate material” means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials. (e) (1) In addition to subdivisions (a) and (b), a vehicle may not transport any aggregate material upon a highway unless the material is covered. (2) Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered. (3) Vehicles transporting loads composed entirely of petroleum coke material are not required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle. (4) Vehicles transporting loads of aggregate materials are not required to cover their loads if the load, where it contacts the sides, front, and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area. (f) A person who provides a location for vehicles to be loaded with an aggregate material or other material shall provide a location for vehicle operators to comply with this section before entering a highway. (1) A person is exempt from the requirements of this subdivision if the location that he or she provides for vehicles to be loaded with the materials described in this subdivision has 100 yards or less between the scale houses where the trucks carrying aggregate material are weighed and the point of egress to a public road. (2) A driver of a vehicle loaded with aggregate material leaving locations exempted from the requirements of this subdivision is authorized to operate on public roads only until that driver is able to safely cover the load at a site near the location’s point of egress to the public road. Except as provided under paragraph (4) of subdivision (e), an uncovered vehicle described in this paragraph may not operate more than 200 yards from the point of egress to the public road. (Amended by Stats. 2008, Ch. 250, Sec. 1. Effective January 1, 2009.)
  83. 23115.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Vehicles carrying certain waste or disposal materials must have loads fully covered on highways so nothing spills or falls out.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23115. (a) No vehicle transporting garbage, swill, used cans or bottles, wastepapers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle. (b) Subdivision (a) does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances. (c) Vehicles transporting wastepaper, waste cardboard, or used cans or bottles, are in compliance with subdivision (a) if appropriate binders including, but not limited to, bands, wires, straps, or netting are used to prevent the load, or any part of the load, from spilling or falling from the vehicle. (d) This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products to or from a food processing establishment. (Amended by Stats. 2001, Ch. 279, Sec. 1. Effective January 1, 2002.)
  84. 23116.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section generally forbids carrying or riding in the back of a pickup truck or flatbed motortruck on a highway, subject to listed exceptions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23116. (a) No person driving a pickup truck or a flatbed motortruck on a highway shall transport any person in or on the back of the truck. (b) No person shall ride in or on the back of a truck or flatbed motortruck being driven on a highway. (c) Subdivisions (a) and (b) do not apply if the person in the back of the truck is secured with a restraint system. The restraint system shall meet or exceed the federal motor vehicle safety standards published in Sections 571.207, 571.209, and 571.210 of Title 49 of the Code of Federal Regulations. (d) Subdivisions (a), (b), and (c) do not apply to any person transporting one or more persons in the back of a truck or flatbed motortruck owned by a farmer or rancher, if that vehicle is used exclusively within the boundaries of lands owned or managed by that farmer or rancher, including the incidental use of that vehicle on not more than one mile of highway between one part of the farm or ranch to another part of that farm or ranch. (e) Subdivisions (a), (b), and (c) do not apply if the person in the back of the truck or the flatbed is being transported in an emergency response situation by a public agency or pursuant to the direction or authority of a public agency. As used in this subdivision, “emergency response situation” means instances in which necessary measures are needed in order to prevent injury or death to persons or to prevent, confine, or mitigate damage or destruction to property. (f) Subdivisions (a) and (b) do not apply if the person in the back of the truck or flatbed motortruck is being transported in a parade that is supervised by a law enforcement agency and the speed of the truck while in the parade does not exceed eight miles per hour. (Amended by Stats. 2000, Ch. 308, Sec. 2. Effective January 1, 2001.)
  85. 23117.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A driver must not carry an animal in the back load area of a vehicle on a highway unless the animal is properly enclosed or otherwise secured.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23117. (a) No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage, in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle. (b) This section does not apply to any of the following: (1) The transportation of livestock. (2) The transportation of a dog whose owner either owns or is employed by a ranching or farming operation who is traveling on a road in a rural area or who is traveling to and from a livestock auction. (3) The transportation of a dog for purposes associated with ranching or farming. (Added by Stats. 1987, Ch. 224, Sec. 1.)
  86. 23118.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    This section lets a magistrate order a vehicle seized and impounded, and sets notice, hearing, release, fee, and document rules for owners and agencies.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23118. (a) (1) A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, is being used or operated in violation of Section 7502.1 of the Business and Professions Code shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. (2) The warrant or court order may be entered into a computerized database. (3) Any vehicle so impounded may be impounded until such time as the owner of the property, or the person in possession of the property at the time of the impoundment, produces proof of licensure pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or proof of an exemption from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. (4) The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at an address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business. (b) (1) An impounding agency shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the vehicle’s seizure under any of the following circumstances: (A) When the vehicle is a stolen vehicle. (B) When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle. (2) No vehicle may be released under this subdivision, except upon presentation of the registered owner’s or agent’s currently valid license to operate the vehicle, and proof of current vehicle registration, or upon order of the court. (c) (1) Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicle’s registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage. (2) A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information: (A) The name, address, and telephone number of the agency providing the notice. (B) The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle. (C) A copy of the warrant or court order and the peace officer’s affidavit, as described in subdivision (a). (D) A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice. (3) The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing. (4) At the hearing, the magistrate may order the vehicle released if he or she finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency. (5) Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement. (6) The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established. (d) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5. (e) A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met: (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle. (2) (A) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure of the vehicle. Except as specifically authorized by this subdivision, no other fees shall be charged to the legal owner or the agent of the legal owner. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner’s agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing. (B) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. (C) A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage, and related fees, but not to exceed five hundred dollars ($500). (D) A person operating or in charge of the storage facility shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction. (E) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates. (3) (A) The legal owner or the legal owner’s agent presents to the law enforcement agency or impounding agency, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require the presentation of any other documents. (B) The legal owner or the legal owner’s agent presents to the person in possession of the vehicle, or any person acting on behalf of the person in possession, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. The person in possession of the vehicle, or any person acting on behalf of the person in possession, shall not require the presentation of any other documents. (C) All presented documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, shall not require a document to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person in possession of the vehicle, or anyone acting on behalf of them, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code. (D) No administrative costs authorized under subdivision (a) of Section 22850.5 shall be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No city, county, city and county, or state agency shall require a legal owner or a legal owner’s agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, may not require any documents to be notarized. The legal owner or the legal owner’s agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. (4) A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owner’s agent under this subdivision are satisfied. (f) (1) A legal owner or the legal owner’s agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner of the vehicle or the person who was listed as the registered owner when the vehicle was impounded or the person in possession of the vehicle at the time of the impound or any agents of the registered owner until the termination of the impoundment period. (2) The legal owner or the legal owner’s agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owner’s agent presents his or her valid driver’s license or valid temporary driver’s license to the legal owner or the legal owner’s agent. The legal owner or the legal owner’s agent or the person in possession of the vehicle shall make every reasonable effort to ensure that the licenses presented are valid and possession of the vehicle will not be given to the driver who was involved in the original impound proceeding until the expiration of the impoundment period. (3) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle. (4) Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impound or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law. (5) The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impound. (g) Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner. (h) The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owner’s agent provided the release complies with the provisions of this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release. (Added by Stats. 2009, Ch. 322, Sec. 11. (AB 515) Effective January 1, 2010.)
  87. 23120.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person may not drive a motor vehicle while wearing glasses that meet the section’s risky temple-width and lens-position conditions and that interfere with lateral vision.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23120. No person shall operate a motor vehicle while wearing glasses having a temple width of one-half inch or more if any part of such temple extends below the horizontal center of the lens so as to interfere with lateral vision. (Added by Stats. 1959, Ch. 531.)
  88. 23123.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Drivers must not use a wireless telephone while driving a motor vehicle unless the phone is hands-free and used that way.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. (b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (f) This section does not apply to a person while driving a motor vehicle on private property. (g) This section shall become operative on July 1, 2011. (Amended (as added by Stats. 2006, Ch. 290, Sec. 5) by Stats. 2007, Ch. 214, Sec. 3. Effective January 1, 2008. Section operative July 1, 2011, by its own provisions.)
  89. 23123.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Drivers generally may not drive while holding and operating a handheld wireless telephone or other electronic wireless communications device, unless the device is set up and used for voice-operated hands-free operation.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. (b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle. (c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied: (1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road. (2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger. (d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager. (Amended by Stats. 2017, Ch. 297, Sec. 1. (AB 1222) Effective January 1, 2018.)
  90. 23124.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    Drivers under 18 may not use a wireless telephone or electronic wireless communications device while driving, even with hands-free equipment.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23124. (a) This section applies to a person under the age of 18 years. (b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. (c) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b). (e) Subdivision (d) does not prohibit a law enforcement officer from stopping a vehicle for a violation of Section 23123 or 23123.5. (f) This section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (g) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device. (Amended by Stats. 2013, Ch. 754, Sec. 1. (SB 194) Effective January 1, 2014.)
  91. 23125.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person may not drive a schoolbus or transit vehicle while using a wireless telephone.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23125. (a) A person may not drive a schoolbus or transit vehicle, as defined in subdivision (g) of Section 99247 of the Public Utilities Code, while using a wireless telephone. (b) This section does not apply to a driver using a wireless telephone for work-related purposes, or for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency service agency or entity. (c) Notwithstanding any other provision of law, a violation of subdivision (a) does not constitute a serious traffic violation within the meaning of subdivision (i) of Section 15210. (Added by Stats. 2004, Ch. 505, Sec. 1. Effective January 1, 2005.)
  92. 23127.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person must not operate an unauthorized motor vehicle on clearly marked hiking, horseback riding, or bicycle trails, with listed exceptions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23127. No person shall operate an unauthorized motor vehicle on any state, county, city, private, or district hiking or horseback riding trail or bicycle path that is clearly marked by an authorized agent or owner with signs at all entrances and exits and at intervals of not more than one mile indicating no unauthorized motor vehicles are permitted on the hiking or horseback riding trail or bicycle path, except bicycle paths which are contiguous or adjacent to a roadway dedicated solely to motor vehicle use. For the purpose of this section “unauthorized motor vehicle” means any motor vehicle that is driven upon a hiking or horseback riding trail or bicycle path without the written permission of an agent or the owner of the trail or path. This section does not apply to the operation of an authorized emergency or maintenance vehicle on a hiking or horseback riding trail or bicycle path whenever necessary in furtherance of the purpose for which the vehicle has been classed as an authorized emergency vehicle. Any person who violates this section is guilty of a misdemeanor. (Amended by Stats. 1973, Ch. 951.)
  93. 23128.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    It is unlawful to operate a snowmobile on a highway (except as allowed by Section 38025), in a careless or negligent way that endangers people or property, to chase deer or other game mammal with intent to harass them, or to do so to violate Penal Code Section 602.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23128. It is unlawful for any person to operate a snowmobile in the following manner: (a) On a highway except as provided in Section 38025. (b) In a careless or negligent manner so as to endanger a person or property. (c) For the purpose of pursuing deer or other game mammal with intent to harass such animals. (d) For the purpose of violating Section 602 of the Penal Code. (Amended by Stats. 1972, Ch. 973.)
  94. 23129.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person may not drive a motor vehicle with a camper carrying passengers unless the camper has at least one unobstructed exit that can be opened from both inside and outside.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23129. No person shall drive a motor vehicle upon which is mounted a camper containing any passengers unless there is at least one unobstructed exit capable of being opened from both the interior and exterior of such camper. (Added by Stats. 1972, Ch. 432.)
  95. 23135.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. )

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    A person must not operate on a highway a vehicle that was originally a motorized bicycle but has been modified so it no longer meets that definition.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) ## 23135. It is unlawful for any person to operate upon a highway any vehicle which was originally manufactured as a motorized bicycle, as defined in Section 406, and which has been modified in such a manner that it no longer conforms to the definition of a motorized bicycle. (Added by Stats. 1978, Ch. 421.)
  96. 23136.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1.3. Offenses by Persons Under 21 Years of Age Involving Alcohol [23136- 23136.] ( Article 1.3 added by Stats. 1993, Ch. 899, Sec. 11. )

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    A person under 21 with a blood-alcohol concentration of 0.01% or more may not drive a vehicle.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1.3. Offenses by Persons Under 21 Years of Age Involving Alcohol [23136- 23136.] ( Article 1.3 added by Stats. 1993, Ch. 899, Sec. 11. ) ## 23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law. (b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c) (1) Any person under the age of 21 years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1. (Amended by Stats. 1996, Ch. 10, Sec. 18. Effective February 9, 1996.)
  97. 23140.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1.5. Juvenile Offenses Involving Alcohol [23140- 23140.] ( Article 1.5 added by Stats. 1986, Ch. 1105, Sec. 1. )

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    A person under 21 may not drive a vehicle if the person’s blood alcohol concentration is 0.05 percent or more. If a violation is found, the court clerk must prepare and send an abstract of the court record to the department within 10 days.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 1.5. Juvenile Offenses Involving Alcohol [23140- 23140.] ( Article 1.5 added by Stats. 1986, Ch. 1105, Sec. 1. ) ## 23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by weight, of alcohol in his or her blood. (c) Notwithstanding any provision of law to the contrary, upon a finding that a person has violated this section, the clerk of the court shall prepare within 10 days after the finding and immediately forward to the department an abstract of the record of the court in which the finding is made. That abstract shall be a public record and available for public inspection in the same manner as other records reported under Section 1803. (Amended by Stats. 2007, Ch. 263, Sec. 32. Effective January 1, 2008.)
  98. 23152.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    This section makes it unlawful to drive while impaired by alcohol or drugs, or to drive with specified blood alcohol levels, including lower limits for commercial vehicles and certain rides with a passenger for hire.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. (f) It is unlawful for a person who is under the influence of any drug to drive a vehicle. (g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. (Amended by Stats. 2016, Ch. 765, Sec. 1. (AB 2687) Effective January 1, 2017.)
  99. 23152.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    A person under the influence of a drug, or alcohol plus a drug, may drive a vehicle on CHP property and under CHP supervision for impaired-driving research, despite Section 23152.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23152.5. Notwithstanding Section 23152, a person who is under the influence of a drug or the combined influence of an alcoholic beverage and drug who is under the supervision of, and on the property of, the Department of the California Highway Patrol may drive a vehicle for purposes of conducting research on impaired driving. (Added by Stats. 2019, Ch. 68, Sec. 1. (AB 127) Effective July 10, 2019.)
  100. 23153.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    Driving a vehicle while intoxicated or drug-impaired, and causing bodily injury, is unlawful; the section also sets alcohol thresholds of 0.08% for general driving and 0.04% for commercial vehicles and for certain passenger-for-hire trips.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23153. (a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. (c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated. (d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. (e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving. (f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (Amended by Stats. 2016, Ch. 765, Sec. 2. (AB 2687) Effective January 1, 2017.)
  101. 23154.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    People on probation for certain DUI-related violations must not drive with a BAC of 0.01% or more.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23154. (a) It is unlawful for a person who is on probation for a violation of Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test. (c) (1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a). (2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a). (3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1. (Added by Stats. 2007, Ch. 749, Sec. 5. Effective January 1, 2008. Operative January 1, 2009, by Sec. 9 of Ch. 749.)
  102. 23155.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    For certain cannabis-only convictions, the disposition report must state that the offense was due to cannabis.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23155. Beginning January 1, 2022, when a disposition described in Section 13151 of the Penal Code is a conviction for a violation of subdivision (f) of Section 23152 or subdivision (f) of Section 23153 for which cannabis was the sole drug, the disposition report shall state that the convicted offense was due to cannabis. (Added by Stats. 2019, Ch. 610, Sec. 1. (AB 397) Effective January 1, 2020.)
  103. 23158.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    This section limits who may withdraw blood to test alcohol content, requires certain identification and supervision rules for certified phlebotomy technicians, gives the tested person rights to an additional test and test information, and grants immunity in specified circumstances.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23158. (a) Notwithstanding any other provision of law, only a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, a person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic acting at the request of a peace officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath specimens. An emergency call for paramedic services takes precedence over a peace officer’s request for a paramedic to withdraw blood for determining its alcoholic content. A certified paramedic shall not withdraw blood for this purpose unless authorized by his or her employer to do so. (b) The person tested may, at his or her own expense, have a licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or any other person of his or her own choosing administer a test in addition to any test administered at the direction of a peace officer for the purpose of determining the amount of alcohol in the person’s blood at the time alleged as shown by chemical analysis of his or her blood, breath, or urine. The failure or inability to obtain an additional test by a person does not preclude the admissibility in evidence of the test taken at the direction of a peace officer. (c) Upon the request of the person tested, full information concerning the test taken at the direction of the peace officer shall be made available to the person or the person’s attorney. (d) Notwithstanding any other provision of law, no licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, or hospital, laboratory, or clinic employing or utilizing the services of the licensed physician and surgeon, registered nurse, licensed vocational nurse, duly licensed clinical laboratory scientist or clinical laboratory bioanalyst, person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code, unlicensed laboratory personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business and Professions Code, or certified paramedic, owning or leasing the premises on which tests are performed, shall incur any civil or criminal liability as a result of the administering of a blood test in a reasonable manner in a hospital, clinical laboratory, medical clinic environment, jail, or law enforcement facility, according to accepted venipuncture practices, without violence by the person administering the test, and when requested in writing by a peace officer to administer the test. (e) Notwithstanding any other provision of law, a person who has been issued a “certified phlebotomy technician” certificate pursuant to Section 1246 of the Business and Professions Code and who is authorized by this section to draw blood at the request and in the presence of a peace officer for purposes of determining its alcoholic content, may do so in a jail, law enforcement facility, or medical facility, with general supervision. The “certified phlebotomy technician” shall draw blood following the policies and procedures approved by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, appropriate to the location where the blood is being drawn and in accordance with state regulations. (f) The Certified Phlebotomy Technician I or II shall carry a current, valid identification card issued by the State Department of Health Services, attesting to the technician’s name, certificate type, and effective dates of certification, when performing blood withdrawals. (g) As used in this section, “general supervision” means that the supervisor of the technician is licensed under the Business and Professions Code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, and reviews the competency of the technician before the technician may perform blood withdrawals without direct supervision, and on an annual basis thereafter. The supervisor is also required to review the work of the technician at least once a month to ensure compliance with venipuncture policies, procedures, and regulations. The supervisor, or another person licensed as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, shall be accessible to the location where the technician is working to provide onsite, telephone, or electronic consultation, within 30 minutes when needed. (h) Nothing in this section shall be construed as requiring the certified phlebotomy technician who is authorized to withdraw blood by this section at the request and in the presence of a peace officer for purposes of determining alcoholic content to be associated with a clinical laboratory or to be directly supervised after competency has been established. (i) If the test given under Section 23612 is a chemical test of urine, the person tested shall be given such privacy in the taking of the urine specimen as will ensure the accuracy of the specimen and, at the same time, maintain the dignity of the individual involved. (j) The department, in cooperation with the State Department of Health Services or any other appropriate agency, shall adopt uniform standards for the withdrawal, handling, and preservation of blood samples prior to analysis. (k) As used in this section, “certified paramedic” does not include any employee of a fire department. (l) Consent, waiver of liability, or the offering to, acceptance by, or refusal of consent or waiver of liability by the person on whom a test is administered, is not an issue or relevant to the immunity from liability for medical or law enforcement personnel or other facilities designated under subdivision (d). (Amended by Stats. 2004, Ch. 14, Sec. 2. Effective February 11, 2004.)
  104. 232.

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

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    “Board” means the New Motor Vehicle Board.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 232. The “board” is the New Motor Vehicle Board. (Added by Stats. 1973, Ch. 996.)
  105. 232.5.

    ## 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 “brokering” as a dealer arranging or helping arrange the purchase of a new or used motor vehicle not owned by the dealer, for a fee or other consideration.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 232.5. “Brokering” is an arrangement under which a dealer, for a fee or other consideration, regardless of the form or time of payment, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another or others. (Added by Stats. 1994, Ch. 1253, Sec. 4. Effective January 1, 1995.)
  106. 23213.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    A patient or other resident of a licensed social rehabilitation facility generally must not have a motor vehicle registered in their name on or near the facility premises, unless they have a valid, unsuspended, and unrevoked operator’s license.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23213. No patient or other person residing in a social rehabilitation facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the rehabilitation of persons who have abused alcohol or drugs, shall have a motor vehicle registered in the name of that patient or person on or near the premises of that facility unless the patient or person has an operator’s license issued pursuant to this code which is not suspended or revoked. (Added by Stats. 1982, Ch. 1339, Sec. 30. Effective September 24, 1982.)
  107. 23215.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    The department may choose to provide patrol or enforce Section 23152 for offenses that happen off a highway.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23215. The department may, but shall not be required to, provide patrol or enforce the provisions of Section 23152 for offenses which occur other than upon a highway. (Added by Stats. 1981, Ch. 940, Sec. 32.)
  108. 23216.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    This section says certain prior and renumbered provisions apply to this article, treats some old section references as including specified older offenses, and gives the section retroactive effect.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23216. (a) The provisions of Sections 2, 6, 7, and 10 expressly apply to the provisions of this article, and, further, for any recidivist or enhancement purpose, reference to an offense by section number is a reference to the provisions contained in that section, insofar as they were renumbered by Chapter 940 of the Statutes of 1981 without substantive change, and those provisions shall be construed as restatements and continuations thereof and not as new enactments. (b) Any reference in the provisions of this code to a separate violation of Section 23152 shall include a separate offense under Section 23102 or 23105, as those sections read prior to January 1, 1982. (c) Any reference in the provisions of the Vehicle Code to a separate violation of Section 23153 shall include a separate offense under Section 23101 or 23106 as those sections read prior to January 1, 1982. (d) The provisions of this section are to be given retroactive effect. (Added by Stats. 1984, Ch. 1205, Sec. 13.)
  109. 23217.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    The Legislature says repeat DUI offenders should face enhanced mandatory minimum penalties for multiple offenses within 10 years, even if convictions are entered in a different order than the offenses occurred.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23217. The Legislature finds and declares that some repeat offenders of the prohibition against driving under the influence of alcohol or drugs, when they are addicted or when they have too much alcohol in their systems, may be escaping the intent of the Legislature to punish the offender with progressively greater severity if the offense is repeated one or more times within a 10-year period. This situation may occur when a conviction for a subsequent offense occurs before a conviction is obtained on an earlier offense. The Legislature further finds and declares that the timing of court proceedings should not permit a person to avoid aggravated mandatory minimum penalties for multiple separate offenses occurring within a 10-year period. It is the intent of the Legislature to provide that a person be subject to enhanced mandatory minimum penalties for multiple offenses within a period of 10 years, regardless of whether the convictions are obtained in the same sequence as the offenses had been committed. Nothing in this section requires consideration of judgment of conviction in a separate proceeding that is entered after the judgment in the present proceeding, except as it relates to violation of probation. Nothing in this section or the amendments to Section 23540, 23546, 23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the Statutes of 1984 affects the penalty for a violation of Section 23152 or 23153 occurring prior to January 1, 1985. (Amended by Stats. 2004, Ch. 550, Sec. 11. Effective January 1, 2005.)
  110. 23220.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    A person must not drink, smoke, or ingest alcohol or marijuana while driving a motor vehicle, or while riding as a passenger in a motor vehicle being driven, on the covered lands.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c). (b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c). (c) As used in this section, “lands” means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001. (d) A violation of subdivision (a) or (b) shall be punished as an infraction. (Amended by Stats. 2017, Ch. 232, Sec. 1. (SB 65) Effective January 1, 2018.)
  111. 23221.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    Drivers and passengers may not drink alcohol or smoke or ingest marijuana or marijuana products in the specified vehicle situations, and violations are punished as infractions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway. (b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway. (c) A violation of this section shall be punished as an infraction. (Amended by Stats. 2017, Ch. 232, Sec. 2. (SB 65) Effective January 1, 2018.)
  112. 23222.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    A person driving a motor vehicle may not have open alcohol or certain open cannabis items on their person.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23222. (a) A person shall not have in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a bottle, can, or other receptacle, containing an alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. (b) (1) Except as authorized by law, a person who has in their possession on their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, a receptacle containing cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle. (c) Subdivision (b) does not apply to a qualified patient or person with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if both of the following apply: (1) The person is carrying a current identification card or a physician’s recommendation. (2) The cannabis or cannabis product is contained in a container or receptacle that is either sealed, resealed, or closed. (Amended by Stats. 2019, Ch. 610, Sec. 2. (AB 397) Effective January 1, 2020.)
  113. 23223.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    Drivers and passengers may not possess opened alcoholic beverage containers in a motor vehicle on a highway or in the covered lands described by the section.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23223. (a) A driver shall not have in the driver’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) A passenger shall not have in the passenger’s possession, while in a motor vehicle upon a highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (Amended by Stats. 2019, Ch. 497, Sec. 275. (AB 991) Effective January 1, 2020.)
  114. 23224.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    People under 21 generally may not drive or carry a motor vehicle with alcoholic beverages unless an listed accompaniment or employment exception applies.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23224. (a) No person under 21 years of age shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage. (b) No passenger in any motor vehicle who is under 21 years of age shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, they shall have a complete defense if they were following, in a timely manner, the reasonable instructions of a parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage. (c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under 21 years of age, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation. (d) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (Amended by Stats. 2019, Ch. 505, Sec. 14. (SB 485) Effective January 1, 2020.)
  115. 23225.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    A registered owner may not keep an opened alcoholic beverage container in a motor vehicle on a highway or specified lands unless it is in the trunk; if there is no trunk, the container must be placed in another area not normally occupied by the driver or passengers, or in a locked container for certain off-highway vehicles.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23225. (a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (3) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. (b) Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle. (c) This section shall not apply to the living quarters of a housecar or camper. (Amended by Stats. 2019, Ch. 497, Sec. 276. (AB 991) Effective January 1, 2020.)
  116. 23226.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    Drivers and passengers may not keep open or partially emptied alcoholic beverage containers in the passenger compartment of a motor vehicle on a highway or the covered lands described in the section; the rule does not apply to the living quarters of a housecar or camper.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23226. (a) It is unlawful for any driver to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed. (b) It is unlawful for any passenger to keep in the passenger compartment of a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (c) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened or a seal broken, or the contents of which have been partially removed. (c) This section does not apply to the living quarters of a housecar or camper. (Amended by Stats. 2019, Ch. 497, Sec. 277. (AB 991) Effective January 1, 2020.)
  117. 23229.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    This section carves out exceptions so certain alcohol-related rules do not apply in specified passenger vehicles and related spaces.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23229. (a) Except as provided in Section 23229.1, Section 23221, as it applies to an alcoholic beverage, and Section 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1. (Amended by Stats. 2019, Ch. 636, Sec. 8. (AB 1810) Effective January 1, 2020.)
  118. 23229.1.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )

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    This section applies Sections 23223 and 23225 to certain charter-party drivers transporting passengers under 21, and it gives a limited exception for storing alcoholic beverages in a locked utility compartment. It also requires court clerks to send a conviction abstract to the Public Utilities Commission within 10 days.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) ## ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 - 23229.1] ( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. ) ## 23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225 apply to any driver providing transportation services on a prearranged basis as a charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, when the driver of the vehicle transports any passenger under 21 years of age and fails to comply with the requirements of Section 5384.1 of the Public Utilities Code. (b) For purposes of subdivision (a), it is not a violation of Section 23225 for any driver providing transportation services on a prearranged basis as a charter-party carrier of passengers that is licensed pursuant to the Public Utilities Code to keep any bottle, can, or other receptacle containing any alcoholic beverage in a locked utility compartment within the area occupied by the driver and passengers. (c) In addition to the requirements of Section 1803, every clerk of a court in which any driver in subdivision (a) was convicted of a violation of Section 23225 shall prepare within 10 days after conviction, and immediately forward to the Public Utilities Commission at its office in San Francisco, an abstract of the record of the court covering the case in which the person was convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the commission within 10 days after sentencing, and the abstract shall be certified, by the person required to prepare it, to be true and correct. For the purposes of this subdivision, a forfeiture of bail is equivalent to a conviction. (Amended by Stats. 2012, Ch. 461, Sec. 6. (AB 45) Effective January 1, 2013.)
  119. 23250.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This chapter applies to vehicular crossings and toll highways, and any conflicting code provision does not apply.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23250. All of the provisions of this code not inconsistent with the provisions of this chapter shall be applicable to vehicular crossings and toll highways. This chapter shall control over any provision of this code inconsistent with this chapter. (Amended by Stats. 1996, Ch. 1154, Sec. 72. Effective September 30, 1996.)
  120. 23251.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    The Highway Patrol must police toll highways and vehicular crossings, and a private toll highway operator may make short temporary enforcement arrangements if CHP cannot do the job and the Secretary determines that condition exists.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23251. (a) The Department of the California Highway Patrol shall provide for proper and adequate policing of all toll highways and all vehicular crossings to ensure the enforcement thereon of this code and of any other law relating to the use and operation of vehicles upon toll highways, highways or vehicular crossings, and of the rules and regulations of the Department of Transportation in respect thereto, and to cooperate with the Department of Transportation to the end that vehicular crossings be operated at all times in a manner as to carry traffic efficiently. The authority of the Department of the California Highway Patrol is exclusive except as to the authority conferred by law upon the Department of Transportation in respect to vehicular crossings. (b) Notwithstanding subdivision (a), a private operator of a toll highway may make temporary arrangements, not to exceed 30 days, for traffic law enforcement services with an agency that employs peace officers as described in Section 830.1 of the Penal Code, if the Department of the California Highway Patrol cannot fulfill its responsibilities as described in this section, as determined by the Secretary of the Business, Transportation and Housing Agency. (c) The services provided by the Department of the California Highway Patrol for all toll highways that are operated by a private entity shall be reimbursed pursuant to Section 30809.1 of the Streets and Highways Code. If the private operator of a toll highway and the Department of the California Highway Patrol reach an impasse in negotiating an agreement for reimbursement, the Secretary of the Business, Transportation and Housing Agency shall assist in resolving the impasse. (Amended by Stats. 1992, Ch. 1241, Sec. 23. Effective January 1, 1993.)
  121. 23252.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    Transportation officers in the listed roles have peace officer powers while employed as described, and certain officers must wear a uniform different from the California Highway Patrol’s uniform.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23252. The chief of toll services, captains, lieutenants, and sergeants employed by the Department of Transportation shall have the powers and authority of peace officers as listed in Section 830.4 of the Penal Code while so employed on any vehicular crossing or as may be necessary to the performance of their duties while not upon such vehicular crossing. Captains, lieutenants, and sergeants so employed shall wear, while on duty, a uniform which shall be distinctly different from that of the California Highway Patrol, to be specified by the Director of Transportation. (Amended by Stats. 1974, Ch. 545.)
  122. 23253.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    People in or on a toll highway or vehicular crossing must comply at all times with lawful orders, signals, or directions given by certain highway patrol or transportation peace officers.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23253. All persons in, or upon, any toll highway or vehicular crossing shall at all times comply with any lawful order, signal, or direction by voice or hand of any member of the California Highway Patrol or an employee of the Department of Transportation who is a peace officer. (Amended by Stats. 1992, Ch. 1241, Sec. 24. Effective January 1, 1993.)
  123. 23254.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “vehicular crossing” as a toll bridge or toll highway crossing, including its approaches, if constructed or acquired by the Department of Transportation under the California Toll Bridge Authority Act.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23254. A “vehicular crossing” is any toll bridge or toll highway crossing and the approaches thereto, constructed or acquired by the Department of Transportation under the provisions of the California Toll Bridge Authority Act. (Amended by Stats. 1974, Ch. 545.)
  124. 23255.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. )

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    This section defines “approach” for a toll bridge or toll highway crossing.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 1. General Provisions [23250 - 23255] ( Article 1 enacted by Stats. 1959, Ch. 3. ) ## 23255. An “approach” is that portion of a state highway leading to or from a toll bridge or toll highway crossing which lies between one end of the bridge or crossing and the nearest intersection of a highway with the state highway. A ramp or other structure designed exclusively for use in connection with a toll bridge or toll highway crossing shall not be deemed an intersecting highway but is a part of the approach. (Enacted by Stats. 1959, Ch. 3.)
  125. 23270.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    This section limits towing on vehicular crossings to authorized towing, restricts who may push or tow vehicles there, lets the Transportation Commission set a maximum towing fee, and lets the Director of Transportation issue special permits.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 23270. (a) No person shall commence to tow any vehicle or other object on any vehicular crossing unless authorized to do so by the Department of Transportation and unless the towing is done by means of a tow truck as defined in Section 615. No person, other than a member of the California Highway Patrol or an employee of the Department of Transportation, shall, by means of pushing with another vehicle, propel any vehicle or object on a vehicular crossing. No person, other than an employee of the Department of Transportation, shall, on any vehicular crossing, tow any vehicle or other object except a vehicle or object constructed and designed to be towed by a vehicle of a type similar to that being used for this purpose. (b) The California Transportation Commission shall, by regulation, establish the maximum towing fee which may be charged by any person authorized to tow a vehicle pursuant to subdivision (a). No authorized person shall charge a fee for towing a vehicle which is in excess of the maximum fee established by the California Transportation Commission. (c) The Director of Transportation may grant a special permit to any person to tow any vehicle or object over and completely across any vehicular crossing when in his or her judgment the towing vehicle is so constructed and equipped that the vehicle or object can be towed across the vehicular crossing without endangering persons or property and without interrupting the orderly traffic across the vehicular crossing. (d) The prohibitions of this section shall apply only on those vehicular crossings upon which a towing service is maintained by the Department of Transportation. (Amended by Stats. 1990, Ch. 216, Sec. 119.)
  126. 23271.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    The Department of Transportation may maintain towing services on vehicular crossings, provide them when needed to keep traffic moving, and set and collect reasonable towing rates.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 23271. A towing service may be maintained on each vehicular crossing by the Department of Transportation, and the department may furnish such service as is necessary to permit the orderly flow of traffic upon such crossing. The Department of Transportation may prescribe and collect reasonable rates for towing services furnished. (Amended by Stats. 1974, Ch. 1053.)
  127. 23272.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    Stopped vehicles or objects on a vehicular crossing that obstruct or may obstruct traffic must be towed by the towing service, and the department has discretion to set towing limits and provide certain roadside services.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 23272. When any vehicle or object on any vehicular crossing, upon which towing service is maintained, is stopped for any reason and is obstructing or may obstruct traffic, the vehicle or object shall be towed by the towing service either to the nearest property of the Department of Transportation designated for the parking or storing of vehicles, or to a suitable parking location on a public street or highway and thereupon left in the custody of the owner or operator of the vehicle or object, or his agent, or, if no owner, operator, or agent is present, or if an owner, operator, or agent so requests, to a public garage or off-street parking facility. The department may prescribe the limits within which the towing service shall be operated. Notwithstanding the foregoing provisions, the department may furnish and deliver fuel to vehicles, the supply of which is exhausted, or change tires, and may charge a reasonable sum for the services and materials furnished or, if the department deems it safe and advisable, and the owner or operator of the vehicle or object so requests, it may be towed from the vehicular crossing. (Amended by Stats. 1982, Ch. 681, Sec. 85.)
  128. 23273.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. )

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    Certain Vehicle Code sections do not apply to vehicles operated by the Department of Transportation under this article.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 2. Towing on Vehicular Crossings [23270 - 23273] ( Article 2 enacted by Stats. 1959, Ch. 3. ) ## 23273. Sections 24605, 25253, 27700, and 27907 do not apply to vehicles operated by the Department of Transportation pursuant to this article. (Amended by Stats. 1974, Ch. 545.)
  129. 233.

    ## 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 when a vehicle counts as a bus, including vehicles carrying more than 15 people, and some vehicles carrying more than 10 people used for compensation, profit, or by nonprofit groups.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 233. (a) Except as provided in subdivision (b), a “bus” is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. (b) A vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a bus. (c) This section does not alter the definition of a schoolbus, school pupil activity bus, general public paratransit vehicle, farm labor vehicle, or youth bus. (d) A vanpool vehicle is not a bus. (Amended by Stats. 1994, Ch. 675, Sec. 1. Effective January 1, 1995.)
  130. 23300.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    The Department of Transportation must place signs at each entrance to a vehicular crossing to warn traffic it is entering a crossing.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23300. The Department of Transportation shall erect appropriate signs at each entrance to a vehicular crossing to notify traffic that it is entering upon a vehicular crossing. (Amended by Stats. 1974, Ch. 545.)
  131. 23301.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    A vehicle entering a vehicular crossing is liable for tolls and other charges set by the California Transportation Commission, unless Sections 23301.3 or 23301.5 apply.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23301. Except as provided in Sections 23301.3 and 23301.5, a vehicle that enters into or upon a vehicular crossing is liable for those tolls and other charges prescribed by the California Transportation Commission. (Amended by Stats. 2022, Ch. 871, Sec. 1. (AB 2949) Effective January 1, 2023.)
  132. 23301.3.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Certain veteran-linked vehicles meeting the listed registration, plate, and transponder requirements are exempt from tolls and other charges on specified toll facilities, but not on HOT lanes.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23301.3. (a) A vehicle described in subdivision (b) is exempt from a toll or other charge on a toll road, toll bridge, toll highway, vehicular crossing, or other toll facility. (b) The exemption described in subdivision (a) applies only to a vehicle that meets all of the following criteria: (1) The vehicle is registered to a veteran. (2) The vehicle is displaying one of the following license plates: (A) A license plate issued to a disabled veteran, pursuant to Section 5007. (B) A license plate issued to a Pearl Harbor survivor, pursuant to Section 5101.3. (C) A license plate issued to a recipient of the Army Medal of Honor, Navy Medal of Honor, Air Force Medal of Honor, Army Distinguished Service Cross, Navy Cross, or Air Force Cross, pursuant to Section 5101.4. (D) A license plate issued to a former American prisoner of war, pursuant to Section 5101.5. (E) A license plate issued to a recipient of the Congressional Medal of Honor, pursuant to Section 5101.6. (F) A license plate issued to a recipient of the Purple Heart, pursuant to Section 5101.8. (3) The vehicle is registered to a transponder or other electronic toll payment device account with an issuing agency as defined in Section 40250. (c) This section does not exempt a vehicle described in subdivision (b) from a toll on a high-occupancy toll (HOT) lane. (d) Sections 23302 and 23302.5 do not apply to a vehicle exempt pursuant to this section. (Added by Stats. 2022, Ch. 871, Sec. 2. (AB 2949) Effective January 1, 2023.)
  133. 23301.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Authorized emergency vehicles may be exempt from tolls and HOT lane charges if they meet the listed identification and response conditions.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23301.5. (a) An authorized emergency vehicle is exempt from any requirement to pay a toll or other charge on a vehicular crossing, toll highway, or high-occupancy toll (HOT) lane, including the requirements of Section 23301, if all of the following conditions are satisfied: (1) The authorized emergency vehicle is properly displaying an exempt California license plate, and is properly identified or marked as an authorized emergency vehicle, including, but not limited to, displaying an external surface-mounted red warning light, blue warning light, or both, and displaying either of the following: (A) Public agency identification, including, but not limited to, “Fire Department,” “Sheriff,” or “Police.” (B) “Ambulance.” (2) (A) The vehicle is being driven while responding to or returning from an urgent or emergency call, engaged in an urgent or emergency response, or engaging in a fire station coverage assignment directly related to an emergency response. (B) For purposes of this paragraph, an “urgent” response or call means an incident or circumstance that requires an immediate response to a public safety-related incident, but does not warrant the use of emergency warning lights. “Urgent” does not include any personal use, commuting, training, or administrative uses. (C) Notwithstanding subparagraph (A), an authorized emergency vehicle, when returning from an urgent or emergency call, or from being engaged in an urgent or emergency response, or from engaging in a fire station coverage assignment directly related to an emergency response, shall not be exempt from any requirement to pay a toll or other charge imposed while traveling on a HOT lane. (3) The driver of the vehicle determines that the use of the toll facility shall likely improve the availability or response and arrival time of the authorized emergency vehicle and its delivery of essential public safety services. (b) If the operator of a toll facility elects to send a bill or invoice to the public agency for the use of the toll facility by an authorized emergency vehicle, exempt pursuant to subdivision (a), the fire chief, police chief, county sheriff, head of the public agency, ambulance corporation chief executive, or their designee, is authorized to certify in writing that the authorized emergency vehicle was responding to or returning from an emergency call or response and is exempt from the payment of the toll or other charge in accordance with this section. The letter shall be accepted by the toll operator in lieu of payment and is a public document. (c) An authorized emergency vehicle that does not comply with this section is not exempt from the requirement to pay a toll or other charge on a toll highway, vehicular crossing, or HOT lane. Upon information and belief of the toll operator that an authorized emergency vehicle is not in compliance with this section, the fire chief, police chief, county sheriff, head of the public agency, ambulance corporation chief executive, or their designee, upon the written request of the owner or operator of the toll facility, shall provide or otherwise make accessible to the toll operator the dispatch records or log books relevant to the time period when the vehicle was in use on the toll highway, vehicular crossing, or HOT lane. (d) Upon the request of a private or public local emergency service provider, an owner or operator of a toll facility shall enter into an agreement to establish mutually agreed upon terms for the use of the toll facility by the emergency service provider, including, but not limited to, being exempt from toll payment. This section shall not prohibit the owner or operator of a toll facility from having a policy that meets or exceeds this section. If at any time an emergency service provider or the owner or operator of a toll facility opts to terminate an agreement regarding the payment and processing of tolls or other charges, this section shall apply to the emergency service provider and the toll facility. An agreement between an emergency service provider and the owner or operator of a toll facility does not exempt other emergency service providers not named in the original agreement and the toll facility from the requirements of this section when those other emergency service providers use a toll facility in the jurisdiction of the owner or operator of the toll facility. (e) Sections 23302 and 23302.5 do not apply to authorized emergency vehicles exempt pursuant to this section. (f) As used in this section, “toll facility” includes a toll road, HOT lane, toll bridge, toll highway, a vehicular crossing for which payment of a toll or charge is required, or any other toll facility. (Amended by Stats. 2025, Ch. 87, Sec. 1. (AB 1114) Effective January 1, 2026.)
  134. 23301.8.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    If an issuing agency allows pay-by-plate toll payment, it must explain the payment amount and how the system works, and it may not add extra administrative costs above the posted toll unless there is a prior agreement with the vehicle owner.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23301.8. Where an issuing agency permits pay-by-plate toll payment as described in subdivision (e) of Section 23302, it shall communicate, as practicable, the pay-by-plate toll amount in the same manner as it communicates other toll payment methods. The issuing agency shall provide publicly available information on how pay-by-plate toll payment works, including the toll amount, process for payment, and period of time a vehicle has to resolve the payment before an issuing agency may process the trip as a violation under Section 40255. Communication of this information may include the Department of Transportation’s approved signage, posting of information on the issuing agency’s Internet Web site, media advertising, public meeting or disclosure as required by the issuing agency’s policies, or other methods of communication. Except where the issuing agency has an agreement with a vehicle owner that specifies in advance any administrative fees that will be imposed on the owner for pay-by-plate toll payment, administrative costs shall be incorporated into the pay-by-plate toll amount, and no additional administrative costs shall be added above the posted pay-by-plate toll amount. (Added by Stats. 2009, Ch. 459, Sec. 1. (AB 628) Effective January 1, 2010.)
  135. 23302.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Drivers must pay tolls or other charges on vehicular crossings and toll highways, and may need a transponder, visible device placement, or valid license plates depending on the toll system.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23302. (a) (1) It is unlawful for a driver to fail to pay tolls or other charges on any vehicular crossing or toll highway. Except as otherwise provided in subdivision (b), (c), or (d), it is prima facie evidence of a violation of this section for a person to drive a vehicle onto any vehicular crossing or toll highway without either lawful money of the United States in the driver’s immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that driver or a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. (2) Except as specified in paragraph (3), if a transponder or other electronic toll payment device is used to pay tolls or other charges due, the device shall be located in or on the vehicle in a location so as to be visible for the purpose of enforcement at all times when the vehicle is located on the vehicular crossing or toll highway. If required by the operator of a vehicular crossing or toll highway, this requirement applies even if the operator offers free travel or nontoll accounts to certain classes of users. (3) If a motorcyclist uses a transponder or other electronic toll payment device to lawfully enter a vehicle crossing or toll highway, the motorcyclist shall use any one of the following methods as long as the transponder or device is able to be read by the toll operator’s detection equipment: (A) Place the transponder or other electronic toll payment device in the motorcyclist’s pocket. (B) Place the transponder or other electronic toll payment device inside a cycle net that drapes over the gas tank of the motorcycle. (C) Mount the transponder or other electronic toll payment device on license plate devices provided by the toll operator, if the toll operator provides those devices. (D) Keep the transponder or other electronic toll payment device in the glove or storage compartment of the motorcycle. (E) Mount the transponder or other electronic toll payment device on the windshield of the motorcycle. (b) For vehicular crossings and toll highways that use electronic toll collection as the only method of paying tolls or other charges, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. (c) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges, in accordance with policies adopted by the issuing agency, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without at least one of the following: (1) Lawful money of the United States in the driver’s immediate possession in an amount sufficient to pay the prescribed tolls or other charges due from that person. (2) A transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls. (3) Valid vehicle license plates, registered to a vehicle with an up-to-date vehicle registration address pursuant to Section 4159, properly attached pursuant to Section 4850.5 or 5200 to the vehicle in which that driver enters onto the vehicular crossing or toll highway. (d) For vehicular crossings and toll highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of tolls and other charges in accordance with policies adopted by the issuing agency, and where electronic toll collection is the only other method of paying tolls or other charges, it is prima facie evidence of a violation of this section for a driver to drive a vehicle onto the vehicular crossing or toll highway without either a transponder or other electronic toll payment device associated with a valid Automatic Vehicle Identification account with a balance sufficient to pay those tolls or valid vehicle license plates, registered to a vehicle with an up-to-date vehicle registration address pursuant to Section 4159, properly attached to the vehicle pursuant to Section 4850.5 or 5200 in which that driver enters onto the vehicular crossing or toll highway. (e) As used in this article, “pay-by-plate toll payment” means an issuing agency’s use of on-road vehicle license plate identification recognition technology to accept payment of tolls in accordance with policies adopted by the issuing agency. (f) This section does not require an issuing agency to offer pay-by-plate toll processing as a method for paying tolls. (Amended by Stats. 2022, Ch. 969, Sec. 3. (AB 2594) Effective January 1, 2023.)
  136. 23302.5.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    A person must not evade or try to evade payment of tolls or other charges on any vehicular crossing or toll highway.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23302.5. (a) No person shall evade or attempt to evade the payment of tolls or other charges on any vehicular crossing or toll highway. (b) A violation of subdivision (a) is subject to civil penalties and is neither an infraction nor a public offense, as defined in Section 15 of the Penal Code. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in Article 4 (commencing with Section 40250) of Chapter 1 of Division 17. (Added by Stats. 1995, Ch. 739, Sec. 7. Effective January 1, 1996.)
  137. 23303.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    The Department of Transportation has a lien for tolls and charges under this chapter and may enforce that lien under the referenced Civil Code chapter.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23303. The Department of Transportation shall have a lien and may enforce such lien, as provided in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code, for all tolls and charges provided by this chapter. (Amended by Stats. 1974, Ch. 545.)
  138. 23304.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    For toll bridges covered here, the issuing agency must mail an invoice for unpaid tolls to the registered vehicle owner and include a warning about a toll evasion penalty if the toll is not paid by the invoice due date.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23304. (a) With respect to a toll bridge, an issuing agency that permits pay-by-plate toll payment as described in subdivision (e) of Section 23302 or that permits payment by a transponder or other electronic toll payment device shall send an invoice by mail for any unpaid toll to the registered vehicle owner. The invoice shall include a notice to the registered owner that, unless the registered owner pays the toll by the due date shown on the invoice, a toll evasion penalty will be assessed. The invoice due date shall not be less than 30 days from the invoice date. (b) If a toll invoice is not paid by the due date shown on the invoice, the nonpayment shall be deemed an evasion of tolls and the issuing agency, or processing agency as the case may be, shall mail a notice of toll evasion violation to the registered owner pursuant to subdivision (a) of Section 40254. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 4. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  139. 23305.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Issuing agencies must let rental vehicle drivers register a vehicle to a toll payment account before using the toll facility, and they may require a transponder.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23305. (a) An issuing agency shall allow a driver of a rental vehicle to register the rental vehicle to a transponder or other electronic toll payment device account with the issuing agency prior to traveling on the issuing agency’s toll facility for the purpose of paying all tolls with a credit or debit card. The issuing agency may require the use of a transponder for this purpose. (b) The public entities operating or planning to implement a toll facility in this state shall cooperate to publish an internet website at which the public and rental car agencies can view and download, or that provides direct links to, information about how to open an account or acquire a transponder or other electronic toll payment device, for use of each issuing agency’s toll facility. The rental car agency shall provide the customer with a written or electronic notice, including the electronic link for the internet website. The notice shall be separate from the rental contract and, if an electronic notice, emailed to the rental customer. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 5. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  140. 23306.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Issuing agencies with electronic toll systems must make transponders available through several channels, keep at least one pickup location within their jurisdiction, post cash-payment and pickup locations online, and not charge more than reasonable procurement and distribution cost.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23306. (a) (1) An issuing agency that operates an electronic toll collection system that permits payment by a transponder or other electronic toll payment device shall, directly or through a third-party vendor, make the transponder or other electronic toll payment device available for acquisition online, by mail, and in person at a retail outlet, the office of an issuing agency or processing agency, as defined in Section 40253, or customer service center. (2) At least one retail outlet, kiosk, or customer service center that offers the transponder or other electronic toll payment device associated with the issuing agency shall be located within the jurisdiction of the issuing agency. (3) The issuing agency shall post on an internet website related to its electronic toll collection system locations where tolls may be paid with cash, and locations at which a transponder or other electronic toll payment device may be acquired. (b) The price of the transponder or other electronic toll payment device shall not exceed the reasonable cost to the issuing agency based on the estimated cost to procure and distribute the device. (c) As used in this article, “retail outlet” includes a store managed by the issuing agency, a cash payment location, or other locations not managed by the issuing agency. (d) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 6. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  141. 23307.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    If an issuing agency offers a transponder or electronic toll payment device, people may buy it with cash or a credit/debit card, may load at least $100 onto the account, and the agency may not charge an extra transaction fee for acquiring it, except as provided in Section 23306(b).

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23307. (a) If an issuing agency offers a transponder or other electronic toll payment device, a person shall be allowed to acquire a transponder or other electronic toll payment device with cash, or with a credit or debit card, and shall be allowed to load a minimum of one hundred dollars ($100) onto the associated account with cash or with a credit or debit card. (b) Except as otherwise provided in subdivision (b) of Section 23306, there shall be no additional transaction fee charged to acquire the transponder or other electronic toll payment device. (c) An issuing agency shall not assess any additional transaction fee to the amount a person is charged by a cash payment network company to load funds to an account using cash through a cash payment network. (d) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 7. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  142. 23308.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    Issuing agencies must keep customer service hours for electronic toll collection, offer certain toll-related transactions in person, avoid charging an extra cash transaction fee in specified cases, and maintain required office locations.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23308. (a) Subject to extenuating circumstances and holidays, the hours during which one of the issuing or processing agency’s offices or customer service centers are open to the public to provide customer service related to electronic toll collection shall include at least five hours per week between the hours of 6 a.m. to 8 a.m. or 5 p.m. to 7 p.m., or on a Saturday. (b) A person shall be able to conduct all of the following transactions at either the issuing agency’s office or customer service center: (1) Acquire the issuing agency’s transponder or other electronic toll payment device. (2) Load money onto an account with the issuing agency. (3) Pay a toll notice, including fines and penalties. (4) Register or remove a license plate to or from a transponder or other electronic toll payment device account with the issuing agency for payment of tolls. (c) Except as otherwise provided in subdivision (b) of Section 23306, the issuing agency shall not charge persons paying cash an additional transaction fee for any transaction listed in paragraphs (1) to (3), inclusive, of subdivision (b) that are conducted at the issuing or processing agency’s office, or customer service center. There shall be at least one issuing or processing agency’s office or customer service center within the issuing agency’s jurisdiction. (d) The issuing agency shall have two or more physical locations within each county in which a toll facility operated by the issuing agency is located for purposes of conducting the transactions set forth in paragraphs (2) and (3) of subdivision (b). (e) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 8. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  143. 23309.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. )

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    The issuing agency must maintain a live customer service phone line, with specific weekly hours, and offer interpreter and accessibility assistance.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 3. Tolls and Other Charges [23300 - 23309] ( Article 3 enacted by Stats. 1959, Ch. 3. ) ## 23309. (a) Subject to extenuating circumstances and holidays, the issuing agency, directly or through a third-party vendor, shall maintain a customer service telephone line that shall be operated by a live person for at least 35 hours per week between the hours of 8 a.m. to 5 p.m. and an additional 5 hours per week between the hours of 6 a.m. to 8 a.m., from 5 p.m. to 7 p.m., or on a Saturday. The customer service telephone line shall be available to address questions related to acquiring a transponder or other electronic toll payment device, paying toll notices, disputing tolls and penalties, setting up payment plans, and registering the license plate of a vehicle to a transponder or other electronic toll payment device account. (b) The customer service telephone line shall provide language interpreter services and assistance for deaf or hard-of-hearing individuals. (c) This section shall become operative on July 1, 2024. (Added by Stats. 2022, Ch. 969, Sec. 9. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
  144. 23330.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    This section generally bars certain animals, bicycles, scooters, overwidth vehicles, and vehicles carrying banned items from vehicular crossings, unless a Department of Transportation permit or posted signs allow them.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23330. Except where a special permit has been obtained from the Department of Transportation under the provisions of Article 6 (commencing with Section 35780) of Chapter 5 of Division 15, none of the following shall be permitted on any vehicular crossing: (a) Animals while being led or driven, even though tethered or harnessed. (b) Bicycles, motorized bicycles, or motorized scooters, unless the department by signs indicates that bicycles, motorized bicycles, or motorized scooters, or any combination thereof, are permitted upon all or any portion of the vehicular crossing. (c) Vehicles having a total width of vehicle or load exceeding 102 inches. (d) Vehicles carrying items prohibited by regulations promulgated by the Department of Transportation. (Amended by Stats. 1999, Ch. 722, Sec. 8. Effective January 1, 2000.)
  145. 23331.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    Pedestrians are not allowed on a vehicular crossing unless sidewalks over three feet wide are built and maintained and signs allow pedestrians.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23331. Pedestrians shall not be permitted upon any vehicular crossing, unless unobstructed sidewalks of more than three feet in width are constructed and maintained and signs indicating that pedestrians are permitted are in place. (Enacted by Stats. 1959, Ch. 3.)
  146. 23332.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    A person may not be on any part of a vehicular crossing not intended for public use unless the Department of Transportation gives permission.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23332. It is unlawful for any person to be upon any portion of a vehicular crossing which is not intended for public use without the permission of the Department of Transportation. This section does not apply to a person engaged in the operation, maintenance, or repair of a vehicular crossing or any facility thereon nor to any person attempting to effect a rescue. (Amended by Stats. 1974, Ch. 545.)
  147. 23333.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    Vehicles may not stop, stand, or park in any vehicular crossing, unless one of the listed exceptions applies.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23333. No vehicle shall stop, stand, or be parked in or upon any vehicular crossing except: (a) When necessary to avoid injury or damage to persons or property. (b) When necessary for the repair, maintenance or operation of a publicly owned toll bridge. (c) In compliance with the direction of a member of the California Highway Patrol or an employee of the Department of Transportation who is a peace officer or with the direction of a sign or signal. (d) In such places as may be designated by the Director of Transportation. (Amended by Stats. 1974, Ch. 545.)
  148. 23334.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    The Department of Transportation may make traffic-control rules for vehicular crossings, as long as they do not conflict with this chapter, and should notify the public by signs when practicable.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23334. The Department of Transportation may adopt rules and regulations not inconsistent with this chapter for the control of traffic on any vehicular crossing to aid and insure the safe and orderly flow of traffic, and shall, so far as practicable, notify the public of the rules and regulations by signs on the vehicular crossing. (Amended by Stats. 1974, Ch. 545.)
  149. 23335.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    The Department of Transportation must publish and make available to the public copies of traffic laws and rules that apply to vehicular crossings, at tollgates for each crossing.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23335. The Department of Transportation shall cause to be published and made available to the public at the tollgates of each vehicular crossing copies of those traffic laws and rules and regulations particularly applicable thereto. (Amended by Stats. 1974, Ch. 545.)
  150. 23336.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. )

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    It is unlawful to violate rules or regulations adopted under Section 23334 when notice has been given by a sign on a vehicular crossing or by publication under Section 23335.

    ## Vehicle Code - VEH ## DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) ## CHAPTER 13. Vehicular Crossings and Toll Highways [23250 - 23336] ( Heading of Chapter 13 amended by Stats. 1992, Ch. 1241, Sec. 22. ) ## ARTICLE 4. Special Traffic Regulations [23330 - 23336] ( Article 4 enacted by Stats. 1959, Ch. 3. ) ## 23336. It is unlawful to violate any rules or regulations adopted under Section 23334, notice of which has been given either by a sign on a vehicular crossing or by publication as provided in Section 23335. (Enacted by Stats. 1959, Ch. 3.)
  151. 234.

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

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    “Business” includes a proprietorship, partnership, corporation, and other forms of commercial enterprise.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 234. A “business” includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. (Added by Stats. 1990, Ch. 1563, Sec. 1.)
  152. 235.

    ## 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 “business district” as part of a highway with enough nearby property used for business to meet the stated percentage and distance tests.

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 235. A “business district” is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists. (Enacted by Stats. 1959, Ch. 3.)
  153. 23500.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23500- 23500.] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This section says the chapter applies when courts impose penalties and sanctions on people who were under 21 when they committed certain driving-under-the-influence offenses.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23500- 23500.] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23500. This chapter applies to the imposition of penalties and sanctions by the courts on persons who were less than 21 years of age at the time of the commission of the driving while under the influence offenses described in Chapter 12 (commencing with Section 23100) of Division 11. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  154. 23502.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23140 [23502- 23502.] ( Article 2 repealed and added by Stats. 2000, Ch. 1063, Sec. 4. )

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    For a first Section 23140 conviction, the court must order DUI program attendance, the person must complete the required program component based on prior offenses, and the person’s driving privilege and license are suspended/surrendered as directed.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23140 [23502- 23502.] ( Article 2 repealed and added by Stats. 2000, Ch. 1063, Sec. 4. ) ## 23502. (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code. (b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows: (1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program. (2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code. (c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550. (d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section. (Amended by Stats. 2007, Ch. 747, Sec. 32. Effective January 1, 2008.)
  155. 23509.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This article may be cited as the “Youthful Drunk Driver Visitation Program Act.”

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23509. This article shall be known and may be cited as the “Youthful Drunk Driver Visitation Program Act.” (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  156. 23510.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The Legislature states that young drivers who are convicted of DUI should be exposed to a program aimed at discouraging repeat offenses.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23510. The Legislature finds and declares all of the following: (a) Young drivers often do not realize the consequences of drinking alcohol or ingesting any other drugs, whether legal or not, and driving a motor vehicle while their physical capabilities to drive safely are impaired by those substances. (b) Young drivers who use alcohol or other drugs are likely to become dependent on those substances and prompt intervention is needed to protect other persons, as well as the young driver, from death or serious injury. (c) The conviction of a young driver for driving under the influence of an alcoholic beverage, a drug, or both, identifies that person as a risk to the health and safety of others, as well as that young driver, because of the young driver’s inability to control his or her conduct. (d) It has been demonstrated that close observation of the effects on others of alcohol and other drugs, both chronic and acute, by a young driver convicted of driving under the influence has a marked effect on recidivism and should therefore be encouraged by the courts, prehospital emergency medical care personnel, and other officials charged with cleaning up the carnage and wreckage caused by drunk drivers. (e) The program prescribed in this article provides guidelines for the operation of an intensive program to discourage recidivism by convicted young drunk drivers. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  157. 23512.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This section defines “program” as the Youthful Drunk Driver Visitation Program described in this article.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23512. For the purposes of this article, “program” means the Youthful Drunk Driver Visitation Program prescribed in this article. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  158. 23514.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A court may place an eligible defendant or ward in the program with consent, must prefer younger participants when spaces are limited, and must require no alcohol before age 21 and no illegal drugs.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23514. (a) If a person is found to be in violation of Section 23140, is convicted of, or is adjudged a ward of the juvenile court for, a violation of Section 21200.5, 23140, or 23152 punishable under Section 23536, or Section 23220, 23221, or 23222, subdivision (a) or (b) of Section 23224, or Section 23225 or 23226, and is granted probation, the court may order, with the consent of the defendant or ward, as a term and condition of probation in addition to any other term and condition required or authorized by law, that the defendant or ward participate in the program. (b) The court shall give preference for participation in the program to defendants or wards who were less than 21 years of age at the time of the offense if the facilities of the program in the jurisdiction are limited to fewer than the number of defendants or wards eligible and consenting to participate. (c) The court shall require that the defendant or ward not drink any alcoholic beverage at all before reaching the age of 21 years and not use illegal drugs. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  159. 23516.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The court must investigate and consult people involved in the visitation program to decide whether the defendant or ward is suitable and whether the visitation is appropriate.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23516. The court shall investigate and consult with the defendant or ward, defendant’s or ward’s counsel, if any, and any proposed supervisor of a visitation under the program, and the court may consult with any other person whom the court finds may be of value, including, but not limited to, the defendant’s or ward’s parents or other family members, in order to ascertain that the defendant or ward is suitable for the program, that the visitation will be educational and meaningful to the defendant or ward, and that there are no physical, emotional, or mental reasons to believe the program would not be appropriate or would cause any injury to the defendant or ward. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  160. 23517.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The court may order supervised visitation for a defendant or ward if staff and facilities are available, and it must consider certain driving-related factors before doing so.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23517. (a) To the extent that personnel and facilities are made available to the court, the court may include a requirement for supervised visitation by the defendant or ward to all, or any, of the following: (1) A trauma facility, as defined in Section 1798.160 of the Health and Safety Code, a base hospital designated pursuant to Section 1798.100 or 1798.101 of the Health and Safety Code, or a general acute care hospital having a basic emergency medical services special permit issued pursuant to subdivision (c) of Section 1277 of the Health and Safety Code that regularly receives victims of vehicle crashes, between the hours of 10 p.m. and 2 a.m. on a Friday or Saturday night to observe appropriate victims of vehicle crashes involving drinking drivers, under the supervision of any of the following: (A) A registered nurse trained in providing emergency trauma care or prehospital advanced life support. (B) An emergency room physician. (C) An emergency medical technician-paramedic or an emergency medical technician II. (2) If approved by the county coroner, the county coroner’s office or the county morgue to observe appropriate victims of vehicle crashes involving drinking drivers, under the supervision of the coroner or a deputy coroner. (b) As used in this section, “appropriate victims” means victims whose condition is determined by the visitation supervisor to demonstrate the results of crashes involving drinking drivers without being excessively gruesome or traumatic to the probationer. (c) If persons trained in counseling or substance abuse are made available to the court, the court may coordinate the visitation program or the visitations at any facility designated in subdivision (a) through those persons. (d) Any visitation shall include, before any observation of victims or disabled persons by the probationer, a comprehensive counseling session with the visitation supervisor at which the supervisor shall explain and discuss the experiences that may be encountered during the visitation in order to ascertain whether the visitation is appropriate for the probationer. (e) If at any time, whether before or during a visitation, the supervisor of the probationer determines that the visitation may be or is traumatic or otherwise inappropriate for the probationer, or is uncertain whether the visitation may be traumatic or inappropriate, the visitation shall be terminated without prejudice to the probationer. (f) Prior to the court including a requirement for supervised visitation, pursuant to subdivision (a), the court shall consider the speed of the vehicle, the severity of any injuries sustained as a result of the violation, and whether the defendant or ward was engaged in a speed competition, as defined in Section 23109. (Amended by Stats. 2022, Ch. 81, Sec. 5. (AB 2198) Effective January 1, 2023.)
  161. 23518.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The program may include a personal conference after the Section 23517 visitations, or if that is not practicable, provide for a written report or letter to the court.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23518. (a) The program may include a personal conference after the visitations described in Section 23517 between the sentencing judge or judicial officer or the person responsible for coordinating the program for the judicial district and the probationer, his or her counsel, and, if available, the probationer’s parents to discuss the experiences of the visitation and how those experiences may impact the probationer’s future conduct. (b) If a personal conference described in subdivision (a) is not practicable, because of the probationer’s absence from the jurisdiction, conflicting time schedules, or other reasons, the program should provide for a written report or letter by the probationer to the court discussing the experiences and their impact on the probationer. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  162. 23518.5.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    Certain program-related parties are not liable for civil damages arising from injuries to or caused by a probationer during the visitation program, with stated exceptions.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Youthful Drunk Driver Visitation Program [23509 - 23518.5] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23518.5. The county, a court, any facility visited pursuant to the program, the agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a probationer during the visitation, is not liable for any civil damages resulting from injury to the probationer, or civil damages caused by the probationer, during, or from any activities relating to, the visitation, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage and except for workers’ compensation for the probationer as prescribed by law if the probationer performs community service at the facility as an additional term or condition of probation. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  163. 23520.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Penalties for a Violation of Section 23152 or 23153 [23520 - 23521] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. )

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    For certain first DUI violations by minors, the person must complete a court-designated alcohol or drug education program, and counties must provide fee installment and waiver options.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Penalties for a Violation of Section 23152 or 23153 [23520 - 23521] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23520. (a) Whenever, in any county specified in subdivision (b), a judge of a juvenile court, a juvenile hearing officer, or referee of a juvenile court finds that a person has committed a first violation of Section 23152 or 23153, the person shall be required to participate in and successfully complete an alcohol or drug education program, or both of those programs, as designated by the court. The expense of the person’s attendance in the program shall be paid by the person’s parents or guardian so long as the person is under the age of 18 years, and shall be paid by the person thereafter. However, in approving the program, each county shall require the program to provide for the payment of the fee for the program in installments by any person who cannot afford to pay the full fee at the commencement of the program and shall require the program to provide for the waiver of the fee for any person who is indigent, as determined by criteria for indigency established by the board of supervisors. Whenever it can be done without substantial additional cost, each county shall require that the program be provided for juveniles at a separate location from, or at a different time of day than, alcohol and drug education programs for adults. (b) This section applies only in those counties that have one or more alcohol or drug education programs certified by the county alcohol program administrator and approved by the board of supervisors. (Amended by Stats. 2003, Ch. 149, Sec. 85. Effective January 1, 2004.)
  164. 23521.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Penalties for a Violation of Section 23152 or 23153 [23520 - 23521] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. )

    Verify source ↗

    This section treats certain juvenile-court findings from other U.S. jurisdictions, Puerto Rico, or Canada as convictions for specified California DUI-related sections, and says the section became operative on September 20, 2005.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 1. Court-Imposed Penalties: Persons Less Than 21 Years Of Age [23500 - 23521] ( Chapter 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Penalties for a Violation of Section 23152 or 23153 [23520 - 23521] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23521. (a) Any finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense in any state, territory, possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of a violation of Section 23152 for the purposes of Sections 13352, 13352.3, 13352.4, and 13352.5, and the finding of a juvenile court judge, juvenile hearing officer, or referee of a juvenile court of a commission of an offense that, if committed in this state, would be a violation of Section 23153 is a conviction of a violation of Section 23153 for the purposes of Sections 13352 and 13352.3. (b) This section shall become operative on September 20, 2005. (Amended by Stats. 2004, Ch. 551, Sec. 14. Effective January 1, 2005. Amended version operative September 20, 2005, pursuant to earlier operation of new subdivision (b).)
  165. 23530.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23530- 23530.] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This chapter applies to penalties, sanctions, and probation for people convicted of DUI offenses listed in Chapter 12 of Division 11.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23530- 23530.] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23530. This chapter applies to the imposition of penalties, sanctions, and probation upon persons convicted of violating driving while under the influence offenses that are set forth in Chapter 12 (commencing with Section 23100) of Division 11. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  166. 23536.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A first-time conviction for Section 23152 requires jail time and a fine, and the court must manage how the jail time is served and handle the driver’s license.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23536. (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000). (b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant. (c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4. (Amended by Stats. 2006, Ch. 692, Sec. 5. Effective January 1, 2007.)
  167. 23538.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted under this section, the court must impose a fine and other listed probation conditions, and may add jail time or block a restricted license in some cases.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23538. (a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months. (2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4. (b) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation. (1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters. (c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b). (2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. (Amended by Stats. 2013, Ch. 22, Sec. 87. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  168. 23540.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A person convicted of this DUI-related violation faces jail, a fine, license suspension, and must surrender the driver’s license; the court may also deny a restricted license in some cases.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5. (c) This section shall become operative on September 20, 2005. (Repealed (in Sec. 17.3) and added by Stats. 2004, Ch. 551, Sec. 17.5. Effective January 1, 2005. Section operative September 20, 2005, by its own provisions.)
  169. 23542.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted under this section, the court must impose jail time and a fine, require DUI program participation, and require surrender of the driver’s license; the court may also block a restricted license in higher-risk cases.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23542. (a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following: (A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively. (2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. (c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters. (d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5. (e) This section shall become operative on September 20, 2005. (Repealed (in Sec. 18.3) and added by Stats. 2004, Ch. 551, Sec. 18.5. Effective January 1, 2005. Section operative September 20, 2005, by its own provisions.)
  170. 23546.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A qualifying Section 23152 offender must be jailed, fined, have a driver’s license surrendered, and is designated a habitual traffic offender for three years.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23546. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (Amended by Stats. 2004, Ch. 550, Sec. 14. Effective January 1, 2005.)
  171. 23548.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted, the court must impose jail time, fines, license surrender, and in some cases DUI program participation.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23548. (a) (1) If the court grants probation to any person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352. (c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23546 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person’s residence or employment. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352. (d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (e) This section shall become operative on September 20, 2005. (Amended by Stats. 2004, Ch. 551, Sec. 19. Effective January 1, 2005. Amended version operative September 20, 2005, pursuant to earlier operation of new subdivision (e).)
  172. 23550.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A repeat DUI offender convicted under Section 23152 faces jail or prison, a fine, driver’s license revocation, and a three-year habitual traffic offender designation.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23550. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (Amended by Stats. 2011, Ch. 15, Sec. 614. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  173. 23550.5.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This section imposes criminal penalties for certain repeat DUI-related convictions and requires license surrender, revocation of driving privilege, and habitual traffic offender designation.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following: (1) A separate violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both. (2) A separate violation of Section 23153 that was punished as a felony. (3) A separate violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony. (b) Each person who, having previously been convicted of a violation of subdivision (a) of Section 191.5 of the Penal Code, a felony violation of subdivision (b) of Section 191.5, or a violation of subdivision (a) of Section 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). (c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department pursuant to paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (d) A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350. (Amended by Stats. 2014, Ch. 509, Sec. 1. (AB 2690) Effective January 1, 2015.)
  174. 23552.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted for a person punished under Section 23550, the court must impose jail, fines, and other probation conditions, and the person’s driving privilege is subject to revocation.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 2. Penalties for a Violation of Section 23152 [23536 - 23552] ( Article 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23552. (a) (1) If the court grants probation to a person punished under Section 23550, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in a county jail for at least 180 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (2) The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23550, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352. (c) In addition to Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23550 who has not previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. A person who has previously completed a 12-month or 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code is not available for referral in the county of the person’s residence or employment. A condition of probation required pursuant to this subdivision is not a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (7) of subdivision (a) of Section 13352. (d) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (Amended by Stats. 2010, Ch. 301, Sec. 5. (AB 1601) Effective January 1, 2011.)
  175. 23554.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A person convicted of a first violation of Section 23153 must be punished with jail or prison time, a fine, license suspension, and surrender of the driver’s license to the court.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23554. If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (Amended by Stats. 2002, Ch. 545, Sec. 28. Effective January 1, 2003.)
  176. 23556.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted under this section, the court must impose jail time, a fine, license surrender, and DUI-related program conditions.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23556. (a) (1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) (1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program, established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court. (2) In any county where the board of supervisors has approved and the State Department of Health Care Services has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation. (3) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b). (2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Health Care Services. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. (d) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (e) This section shall become operative on September 20, 2005. (Amended by Stats. 2013, Ch. 22, Sec. 88. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  177. 23558.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A qualifying driver who causes injury or death to more than one victim gets a one-year prison enhancement for each additional injured victim, up to three.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23558. A person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of Section 23153 of this code or in violation of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a felony conviction, and notwithstanding subdivision (g) of Section 1170.1 of the Penal Code, receive an enhancement of one year in the state prison for each additional injured victim. The enhanced sentence provided for in this section shall not be imposed unless the fact of the bodily injury to each additional victim is charged in the accusatory pleading and admitted or found to be true by the trier of fact. The maximum number of one year enhancements that may be imposed pursuant to this section is three. Notwithstanding any other provision of law, the court may strike the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment. (Amended by Stats. 2007, Ch. 747, Sec. 34. Effective January 1, 2008.)
  178. 23560.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A person convicted of Section 23153 with a qualifying prior conviction within 10 years must be punished with imprisonment and a fine, and the court must require surrender of the driver’s license; the DMV must revoke driving privilege.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23560. If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (Amended by Stats. 2004, Ch. 550, Sec. 16. Effective January 1, 2005.)
  179. 23562.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted, the court must impose specific conditions including jail time, fines, license surrender, and DUI program participation.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23562. If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows: (a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) All of the following apply: (1) Be confined in the county jail for at least 30 days, but not more than one year. (2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (4) Either of the following: (A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. (c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (d) This section shall become operative on September 20, 2005. (Amended by Stats. 2004, Ch. 551, Sec. 22. Effective January 1, 2005. Amended version operative September 20, 2005, pursuant to earlier operation of new subdivision (d).)
  180. 23566.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    People convicted under this section can face prison, fines, license revocation, and related court-ordered programs.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23566. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years. The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law. (d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code. (Amended by Stats. 2010, Ch. 301, Sec. 6. (AB 1601) Effective January 1, 2011.)
  181. 23568.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If probation is granted to a person punished under Section 23566, the court must impose jail time, fines, restitution, and DUI-program conditions, and the person’s license-related consequences follow.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 3. Penalties for a Violation of Section 23153 [23554 - 23568] ( Article 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23568. (a) If the court grants probation to a person punished under Section 23566, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least one year, that the person pay a fine of at least three hundred ninety dollars ($390) but not more than five thousand dollars ($5,000), and that the person make restitution or reparation pursuant to Section 1203.1 of the Penal Code. The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550. (b) In addition to Section 23600 and subdivision (a), if the court grants probation to a person punished under Section 23566, the court shall impose as a condition of probation that the person enroll in and complete, subsequent to the date of the underlying violation and in a manner satisfactory to the court, an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. In lieu of the minimum term of imprisonment in subdivision (a), the court shall impose as a minimum condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. Except as provided in this subdivision, if the court grants probation under this section, the court shall order the treatment prescribed by this subdivision, whether or not the person has previously completed a treatment program pursuant to subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of paragraph (6) of subdivision (a) of Section 13352. (c) The court shall advise the person at the time of sentencing that the driving privilege may not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (Amended by Stats. 2010, Ch. 301, Sec. 7. (AB 1601) Effective January 1, 2011.)
  182. 23572.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Additional Punishments [23572- 23572.] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If a person is convicted of Section 23152 and a child under 14 was in the vehicle, the court must add a jail term enhancement.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 4. Additional Punishments [23572- 23572.] ( Article 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23572. (a) If any person is convicted of a violation of Section 23152 and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties in addition to any other penalty prescribed: (1) If the person is convicted of a violation of Section 23152 punishable under Section 23536, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted, no part of which shall be stayed. (2) If a person is convicted of a violation of Section 23152 punishable under Section 23540, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted, no part of which may be stayed. (3) If a person is convicted of a violation of Section 23152 punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 30 days in the county jail, whether or not probation is granted, no part of which may be stayed. (4) If a person is convicted of a violation of Section 23152 which is punished as a misdemeanor under Section 23550, the punishment shall be enhanced by an imprisonment of 90 days in the county jail, whether or not probation is granted, no part of which may be stayed. (b) The driving of a vehicle in which a minor under 14 years of age was a passenger shall be pled and proven. (c) No punishment enhancement shall be imposed pursuant to this section if the person is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident. (Amended by Stats. 1999, Ch. 22, Sec. 38. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)
  183. 23575.1.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The department may study the effectiveness of ignition interlock devices and report its findings to the Legislature by January 1, 2013.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23575.1. The department may undertake a study and report its findings of that study to the Legislature on or before January 1, 2013, regarding the overall effectiveness of the use of ignition interlock devices (IID) to reduce the recidivism rate of first-time violators of Section 23152 or 23153. If the department exercises this authority, the study shall focus on those drivers who actually have an IID installed in their vehicles rather than on those who are subject to a judicial order to have an IID installed. (Added by Stats. 2008, Ch. 392, Sec. 2. Effective January 1, 2009.)
  184. 23575.3.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    People convicted of covered DUI offenses must be notified about ignition interlock device requirements, and they may have to install, maintain, and pay for the device.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23575.3. (a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that the person is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that the person is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section. (b) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code. (c) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license. (d) (1) A person who is notified by the department pursuant to subdivision (b) shall do all of the following: (A) Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386. (B) Provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386. (C) Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section. (2) A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time the person purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following: (A) The person does not own a vehicle. (B) The person does not have access to a vehicle at their residence. (C) The person no longer has access to the vehicle they were driving at the time they were arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h). (D) The person acknowledges that they are only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device. (E) The person acknowledges that they are required to have a valid driver’s license before they can drive. (F) The person acknowledges that they are subject to the requirements of this section when the person purchases or has access to a vehicle. (e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term. (f) (1) A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. (2) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. (g) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d). (h) A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows: (1) A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23152 shall be required to do the following, as applicable: (A) Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur: (i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term. (ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4. (iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1. (B) Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months. (C) Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months. (D) Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months. (2) A person convicted of a violation of subdivision (a), (b), (d), (e), or (g) of Section 23153 shall install a functioning, certified ignition interlock device, as follows: (A) Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months. (B) Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months. (C) Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months. (D) Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months. (3) For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation. (4) The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which they had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75. (i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section. (j) If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed. (k) (1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code: (A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements. (B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements. (C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements. (D) A person who is receiving CalFresh benefits and who provides proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements. (E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements. (F) All other offenders are responsible for 100 percent of the cost of the ignition interlock device. (G) The manufacturer is responsible for the percentage of costs that the offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive. (2) The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender: (A) The previous year’s federal income tax return. (B) The previous three months of weekly or monthly income statements. (C) Employment Development Department verification of unemployment benefits. (l) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k). (m) This section does not permit a person to drive without a valid driver’s license. (n) The requirements of this section are in addition to any other requirements of law. (o) For the purposes of this section, the following definitions apply: (1) “Bypass” means either of the following: (A) Failure to take any random retest. (B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (2) “Operates” includes operating a vehicle that is not owned by the person subject to this section. (3) “Owned” means solely owned or owned in conjunction with another person or legal entity. (4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (p) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019. (q) This section shall become operative on January 1, 2019. (r) This section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date. (Amended by Stats. 2025, Ch. 689, Sec. 26. (AB 366) Effective January 1, 2026. Repealed as of January 1, 2033, by its own provisions.)
  185. 23575.5.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The Department of Motor Vehicles must report specified program data to the Transportation Agency by March 1, 2024, and the Transportation Agency must assess the program and report the outcomes to the Legislature by January 1, 2025.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23575.5. (a) On or before March 1, 2024, the Department of Motor Vehicles shall report data to the Transportation Agency regarding the implementation and efficacy of the program enacted by the act that added this section. (b) The data described in subdivision (a) shall, at a minimum, include all of the following: (1) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who killed or injured anyone in a crash while they were operating a vehicle under the influence of alcohol. (2) The number of individuals who were required to have a functioning, certified ignition interlock device installed as a result of the program who were convicted of an alcohol-related violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code during the term in which the person was required to have the ignition interlock device installed. (3) The number of injuries and deaths resulting from alcohol-related motor vehicle crashes between January 1, 2019, and January 1, 2024, inclusive, and during periods of similar duration prior to the implementation of the program. (4) The number of individuals who have been convicted more than one time for driving under the influence of alcohol between January 1, 2019, and January 1, 2024, inclusive, and periods of similar duration prior to the implementation of the program. (5) Any other information requested by the Transportation Agency to assess the effectiveness of the statewide ignition interlock device requirement in reducing recidivism for driving-under-the-influence violations. (c) The Transportation Agency may contract with educational institutions to obtain and analyze the data required by this section. (d) The Transportation Agency shall assess the program based on the data provided pursuant to subdivision (b) and shall report to the Legislature on the outcomes of the program no later than January 1, 2025. (e) The report described in subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (f) (1) This section shall become operative on January 1, 2019. (2) This section is repealed as of January 1, 2029, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2022, Ch. 81, Sec. 6. (AB 2198) Effective January 1, 2023. Repealed as of January 1, 2029, by its own provisions.)
  186. 23577.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If a DUI conviction involved refusal or failure to complete required breath or urine tests, the court must add specified penalties, including jail time, and the section does not apply to blood-test refusals.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23577. (a) If a person is convicted of a violation of Section 23152 or 23153, and at the time of the arrest leading to that conviction that person willfully refused a peace officer’s request to submit to, or willfully failed to complete, the breath or urine tests pursuant to Section 23612, the court shall impose the following penalties: (1) If the person is convicted of a first violation of Section 23152, notwithstanding any other provision of subdivision (a) of Section 23538, the terms and conditions of probation shall include the conditions in paragraph (1) of subdivision (a) of Section 23538. (2) If the person is convicted of a first violation of Section 23153, the punishment shall be enhanced by an imprisonment of 48 continuous hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and the execution of that sentence is not stayed. (3) If the person is convicted of a second violation of Section 23152, punishable under Section 23540, or a second violation of Section 23153, punishable under Section 23560, the punishment shall be enhanced by an imprisonment of 96 hours in the county jail, whether or not probation is granted and no part of which may be stayed, unless the person is sentenced to, and incarcerated in, the state prison and execution of that sentence is not stayed. (4) If the person is convicted of a third violation of Section 23152, punishable under Section 23546, the punishment shall be enhanced by an imprisonment of 10 days in the county jail, whether or not probation is granted and no part of which may be stayed. (5) If the person is convicted of a fourth or subsequent violation of Section 23152, punishable under Section 23550 or 23550.5, the punishment shall be enhanced by imprisonment of 18 days in the county jail, whether or not probation is granted and no part of which may be stayed. (b) The willful refusal or failure to complete the breath or urine test required pursuant to Section 23612 shall be pled and proven. (c) The penalties in this section do not apply to a person who refused to submit to or complete a blood test pursuant to Section 23612. This section does not prohibit imposition of administrative actions involving driving privileges. (Amended by Stats. 2018, Ch. 177, Sec. 1. (AB 2717) Effective January 1, 2019.)
  187. 23578.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If a person is convicted of DUI-related sections 23152 or 23153, the court must consider a blood alcohol level of 0.15% or more, or refusal of a breath or urine test, as a special factor in sentencing and probation decisions.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23578. In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Amended by Stats. 2018, Ch. 177, Sec. 2. (AB 2717) Effective January 1, 2019.)
  188. 23580.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    For certain repeat DUI convictions, the court must impose either at least 48 consecutive hours of imprisonment or 10 days of community service, and the person generally cannot be released from those requirements except in a narrow constitutional exception.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23580. (a) If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service. (b) Notwithstanding any other provision of law, except Section 2900.5 of the Penal Code, unless the court expressly finds in the circumstances that the punishment inflicted would be cruel or unusual punishment prohibited by Section 17 of Article I of the California Constitution, no court or person to whom a person is remanded for execution of sentence shall release, or permit the release of, a person from the requirements of subdivision (a), including, but not limited to, any work-release program, weekend service of sentence program, diversion or treatment program, or otherwise. (c) For the purposes of this section, “imprisonment” means confinement in a jail, in a minimum security facility, or in an inpatient rehabilitation facility, as provided in Part 1309 (commencing with Section 1309.1) of Title 23 of the Code of Federal Regulations. (Amended by Stats. 2002, Ch. 664, Sec. 223. Effective January 1, 2003.)
  189. 23582.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This section adds a 60-day county jail term for certain speeding offenses committed during DUI-related driving, and it requires related probation, counseling, and record-keeping steps by the court.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 5. Additional Penalties and Sanctions [23573 - 23582] ( Article 5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23582. (a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail. (b) If the court grants probation or suspends the execution of sentence, it shall require as a condition of probation or suspension that the defendant serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter. (c) On a first conviction under this section, the court shall order the driver to participate in, and successfully complete, an alcohol or drug education and counseling program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall specify on the court record the reasons for that order. (d) The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  190. 23592.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A court may order a convicted owner’s vehicle impounded for a limited period, and may require release or delivery of the vehicle to the legal owner in some financing or lease situations.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23592. (a) (1) Whenever a person is convicted of any of the following offenses committed while driving a motor vehicle of which he or she is the owner, the court, at the time sentence is imposed on the person, may order the motor vehicle impounded for a period of not more than six months for a first conviction, and not more than 12 months for a second or subsequent conviction: (A) Driving with a suspended or revoked driver’s license. (B) A violation of Section 2800.2 resulting in an accident or Section 2800.3, if either violation occurred within seven years of one or more separate convictions for a violation of any of the following: (i) Section 23103, if the vehicle involved in the violation was driven at a speed of 100 or more miles per hour. (ii) Section 23152. (iii) Section 23153. (iv) Subdivisions (a) and (b) of Section 191.5 of the Penal Code. (v) Subdivision (c) of Section 192 of the Penal Code. (vi) Subdivision (a) of Section 192.5 of the Penal Code. (2) The cost of keeping the vehicle is a lien on the vehicle pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code. (b) Notwithstanding subdivision (a), a motor vehicle impounded pursuant to this section that is subject to a chattel mortgage, conditional sale contract, or lease contract shall be released by the court to the legal owner upon the filing of an affidavit by the legal owner that the chattel mortgage, conditional sale contract, or lease contract is in default and shall be delivered to the legal owner upon payment of the accrued cost of keeping the vehicle. (Amended by Stats. 2007, Ch. 747, Sec. 35. Effective January 1, 2008.)
  191. 23593.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. )

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    The court must advise certain DUI-related offenders about the dangers of driving under the influence.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23593. (a) The court shall advise a person convicted of a violation of Section 23103, as specified in Section 23103.5, or a violation of Section 23152 or 23153, as follows: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (b) The advisory statement may be included in a plea form, if used, or the fact that the advice was given may be specified on the record. (c) The court shall include on the abstract of the conviction or violation submitted to the department under Section 1803 or 1816, the fact that the person has been advised as required under subdivision (a). (Amended by Stats. 2005, Ch. 279, Sec. 24. Effective January 1, 2006.)
  192. 23594.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. )

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    Courts may order a convicted owner’s vehicle impounded after certain DUI-related convictions, and must do so in specified repeat-offense cases unless an unusual interests-of-justice exception applies.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23594. (a) Except as provided in subdivision (b), the interest of any registered owner of a motor vehicle that has been used in the commission of a violation of Section 23152 or 23153 for which the owner was convicted, is subject to impoundment as provided in this section. Upon conviction, the court may order the vehicle impounded at the registered owner’s expense for not less than one nor more than 30 days. If the offense occurred within five years of a prior offense which resulted in conviction of a violation of Section 23152 or 23153, the prior conviction shall also be charged in the accusatory pleading and if admitted or found to be true by the jury upon a jury trial or by the court upon a court trial, the court shall, except in an unusual case where the interests of justice would best be served by not ordering impoundment, order the vehicle impounded at the registered owner’s expense for not less than one nor more than 30 days. If the offense occurred within five years of two or more prior offenses which resulted in convictions of violations of Section 23152 or 23153, the prior convictions shall also be charged in the accusatory pleading and if admitted or found to be true by the jury upon a jury trial or by the court upon a court trial, the court shall, except in an unusual case where the interests of justice would best be served by not ordering impoundment, order the vehicle impounded at the registered owner’s expense for not less than one nor more than 90 days. For the purposes of this section, the court may consider in the interests of justice factors such as whether impoundment of the vehicle would result in a loss of employment of the offender or the offender’s family, impair the ability of the offender or the offender’s family to attend school or obtain medical care, result in the loss of the vehicle because of inability to pay impoundment fees, or unfairly infringe upon community property rights or any other facts the court finds relevant. When no impoundment is ordered in an unusual case pursuant to this section, the court shall specify on the record and shall enter in the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (b) No vehicle which may be lawfully driven on the highway with a class C or class M driver’s license, as specified in Section 12804.9, is subject to impoundment under this section if there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the sole vehicle available to the defendant’s immediate family which may be operated on the highway with a class C or class M driver’s license. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  193. 23596.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A court may declare certain defendants’ vehicles nuisances and order them sold, with notice, hearing, sale, and proceeds-distribution rules.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 6. Additional Court-Imposed Orders and Directions [23592 - 23597] ( Article 6 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23596. (a) (1) Upon its own motion or upon motion of the prosecutor in a criminal action for a violation of any of the following offenses, the court with jurisdiction over the offense, notwithstanding Section 86 of the Code of Civil Procedure and any other provision of law otherwise prescribing the jurisdiction of the court based upon the value of the property involved, may declare the motor vehicle driven by the defendant to be a nuisance if the defendant is the registered owner of the vehicle: (A) A violation of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code. (B) A violation of Section 23152 that occurred within seven years of two or more separate offenses of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or Section 23152 or 23153, or any combination thereof, that resulted in convictions. (C) A violation of Section 23153 that occurred within seven years of one or more separate offenses of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or Section 23152 or 23153, that resulted in convictions. (2) The court or the prosecutor shall give notice of the motion to the defendant, and the court shall hold a hearing before a motor vehicle may be declared a nuisance under this section. (b) Except as provided in subdivision (g), upon the conviction of the defendant and at the time of pronouncement of sentence, the court with jurisdiction over the offense shall order a vehicle declared to be a nuisance pursuant to subdivision (a) to be sold. A vehicle ordered to be sold pursuant to this subdivision shall be surrendered to the sheriff of the county or the chief of police of the city in which the violation occurred. The officer to whom the vehicle is surrendered shall promptly ascertain from the department the names and addresses of all legal and registered owners of the vehicle and, within five days of receiving that information, shall send by certified mail a notice to all legal and registered owners of the vehicle other than the defendant, at the addresses obtained from the department, informing them that the vehicle has been declared a nuisance and will be sold or otherwise disposed of pursuant to this section and of the approximate date and location of the sale or other disposition. The notice shall also inform a legal owner of its right to conduct the sale pursuant to subdivision (c). (c) The legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed finance institution legally operating in this state, or the agent of that legal owner, may take possession and conduct the sale of the vehicle declared to be a nuisance if it notifies the officer to whom the vehicle is surrendered of its intent to conduct the sale within 15 days of the mailing of the notice pursuant to subdivision (b). Sale of the vehicle pursuant to this subdivision may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of a sale conducted by the legal owner shall be disposed of as provided in subdivision (e). A notice pursuant to this subdivision may be presented in person, by certified mail, by facsimile transmission, or by electronic mail. The agent of a legal owner acting pursuant to this subdivision shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. (d) If the legal owner or the agent of the legal owner does not notify the officer to whom the vehicle is surrendered of its intent to conduct the sale as provided in subdivision (c), the officer shall offer the vehicle for sale at public auction within 60 days of receiving the vehicle. At least 10 days but not more than 20 days prior to the sale, not counting the day of the sale, the officer shall give notice of the sale by advertising once in a newspaper of general circulation published in the city or county, as the case may be, in which the vehicle is located, that notice shall contain a description of the make, year, model, identification number, and license number of the vehicle and the date, time, and location of the sale. For motorcycles, the engine number shall also be included. If there is no newspaper of general circulation published in the county, notice shall be given by posting a notice of sale containing the information required by this subdivision in three of the most public places in the city or county in which the vehicle is located, and at the place where the vehicle is to be sold, for 10 consecutive days prior to and including the day of the sale. (e) The proceeds of a sale conducted pursuant to this section shall be disposed of in the following priority: (1) To satisfy the costs of the sale, including costs incurred with respect to the taking and keeping of the vehicle pending sale. (2) To the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of the sale, including accrued interest or finance charges and delinquency charges. (3) To the holder of a subordinate lien or encumbrance on the vehicle to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall reasonably furnish reasonable proof of its interest and, unless it does so on request, is not entitled to distribution pursuant to this paragraph. (4) To any other person who can establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest. (5) If the vehicle was forfeited as a result of a felony violation of subdivision (a) of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, or of Section 23153 that resulted in serious bodily injury to a person other than the defendant, the balance, if any, to the city or county in which the violation occurred, to be deposited in its general fund. (6) Except as provided in paragraph (5), the balance, if any, to the city or county in which the violation occurred, to be expended for community-based adolescent substance abuse treatment services. The person conducting the sale shall disburse the proceeds of the sale as provided in this subdivision, and provide a written accounting regarding the disposition to all persons entitled to or claiming a share of the proceeds, within 15 days after the sale is conducted. (f) If the vehicle to be sold under this section is not of the type that can readily be sold to the public generally, the vehicle shall be destroyed or donated to an eleemosynary institution. (g) No vehicle shall be sold pursuant to this section in either of the following circumstances: (1) The vehicle is stolen, unless the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained. (2) The vehicle is owned by another, or there is a community property interest in the vehicle owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class 3 or class 4 driver’s license. (h) The Legislature finds and declares it to be the public policy of this state that no policy of insurance shall afford benefits that would alleviate the financial detriment suffered by a person as a direct or indirect result of a confiscation of a vehicle pursuant to this section. (Amended by Stats. 2007, Ch. 747, Sec. 36. Effective January 1, 2008.)
  194. 23598.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 7. Alternative to Alcohol or Drug Education Program [23598- 23598.] ( Article 7 added by Stats. 1998, Ch. 118, Sec. 84. )

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    A court may let a person do a specified Penal Code program instead of the alcohol or drug education program, if the person consents and is accepted into the program.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 2. Court Penalties [23530 - 23598] ( Chapter 2 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 7. Alternative to Alcohol or Drug Education Program [23598- 23598.] ( Article 7 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23598. In lieu of the alcohol or drug education program prescribed by Section 23538, 23542, 23548, 23552, 23556, 23562, or 23568, a court may impose, as a condition of probation, that the person complete, subsequent to the underlying conviction, a program specified in Section 8001 of the Penal Code, if the person consents and has been accepted into that program. Acceptance into that program shall be verified by a certification, under penalty of perjury, by the director of the program. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  195. 236.

    ## 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 “business representative.”

    ## Vehicle Code - VEH ## DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) ## 236. A “business representative” means a proprietor, a limited or general partner, a managerial employee, a stockholder, a director, or an officer who is active in the management, direction, and control of that part of a business which is a licensed activity. (Added by Stats. 1990, Ch. 1563, Sec. 2.)
  196. 23600.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If a person is convicted of DUI-related offenses under Sections 23152 or 23153, the court must sentence them promptly and, if probation is granted, impose specific probation conditions.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23600. (a) If any person is convicted of a violation of Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655. (b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following: (1) Notwithstanding Section 1203a of the Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced. (2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood. (3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood. (4) A requirement that the person shall not commit any criminal offense. (c) The court shall not absolve a person who is convicted of a violation of Section 23152 or 23153 from the obligation of spending the minimum time in confinement, if any, or of paying the minimum fine imposed by law. (d) In addition to any other provision of law, if any person violates paragraph (2) or (3) of subdivision (b) and the person had a blood alcohol concentration of over 0.04 percent as determined by a chemical test, the court shall revoke or terminate the person’s probation as provided by Section 23602, regardless of any other proceeding, and shall only grant a new term of probation of not more than five years on the added condition that the person be confined in the county jail for not less than 48 hours for each of these violations of probation, except in unusual cases where the interests of justice would best be served if this additional condition were not imposed. (Amended by Stats. 1999, Ch. 22, Sec. 40.6. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)
  197. 23601.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    Probation-related fines, restitution, and assessments may be enforced like money judgments; failing to pay during probation can violate probation, but a stayed fine cannot be enforced by writ of execution and nonpayment is not willful until the stay ends.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23601. (a) Except as provided in subdivision (c), an order to pay any fine, restitution, or assessment, imposed as a condition of the grant of probation or as part of a judgment of conditional sentence for a violation of Section 23152 or 23153, may be enforced in the same manner provided for the enforcement of money judgments. (b) A willful failure to pay any fine, restitution, or assessment during the term of probation is a violation of the terms and conditions of probation. (c) If an order to pay a fine as a condition of probation is stayed, a writ of execution shall not be issued, and any failure to pay the fine is not willful, until the stay is removed. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  198. 23602.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. )

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    If a person on probation for a DUI-related conviction violates a probation term, the court must revoke the suspended sentence, revoke or end probation, and proceed under Penal Code section 1203.2(c), unless another code provision expressly says otherwise.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 3. Probation [23600 - 23602] ( Chapter 3 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23602. Except as otherwise expressly provided in this code, if a person has been convicted of a violation of Section 23152 or 23153 and the court has suspended execution of the sentence for that conviction and has granted probation, and during the time of that probation, the person is found by the court to have violated a required term or condition of that probation, the court shall revoke the suspension of sentence, revoke or terminate probation, and shall proceed in the manner provided in subdivision (c) of Section 1203.2 of the Penal Code. (Amended by Stats. 1999, Ch. 22, Sec. 41. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.)
  199. 23610.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 4. Procedures [23610 - 23675] ( Chapter 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23610 - 23614] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. )

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    In DUI-related criminal proceedings, blood alcohol test results create presumptions about whether the person was under the influence, depending on the percentage measured.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 4. Procedures [23610 - 23675] ( Chapter 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23610 - 23614] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23610. (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while driving a vehicle while under the influence of an alcoholic beverage in violation of subdivision (a) of Section 23152 or subdivision (a) of Section 23153, the amount of alcohol in the person’s blood at the time of the test as shown by chemical analysis of that person’s blood, breath, or urine shall give rise to the following presumptions affecting the burden of proof: (1) If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense. (2) If there was at that time 0.05 percent or more but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense. (3) If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense. (b) Percent, by weight, of alcohol in the person’s blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (c) This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense. (Added by Stats. 1998, Ch. 118, Sec. 84. Effective January 1, 1999. Section operative July 1, 1999, pursuant to Section 23675.)
  200. 23612.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 4. Procedures [23610 - 23675] ( Chapter 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23610 - 23614] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. )

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    This section creates implied consent rules for chemical testing after DUI-related arrests and sets what officers, the department, and laboratories must do if a person refuses or cannot complete testing.

    ## Vehicle Code - VEH ## DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 - 23675] ( Division 11.5 added by Stats. 1998, Ch. 118, Sec. 84. ) ## CHAPTER 4. Procedures [23610 - 23675] ( Chapter 4 added by Stats. 1998, Ch. 118, Sec. 84. ) ## ARTICLE 1. General Provisions [23610 - 23614] ( Article 1 added by Stats. 1998, Ch. 118, Sec. 84. ) ## 23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153. (D) The person shall be told that his or her failure to submit to, or the failure to complete, the required breath or urine testing will result in a fine and mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153. The person shall also be told that his or her failure to submit to, or the failure to complete, the required breath, blood, or urine tests will result in (i) the administrative suspension by the department of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the administrative revocation by the department of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the administrative revocation by the department of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations. (2) (A) If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. (C) A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has reasonable cause to believe that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which those beliefs are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test. (3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available. (4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. (5) A person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. (b) A person who is afflicted with hemophilia is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (c) A person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (d) (1) A person lawfully arrested for an offense allegedly committed while the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. (2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (e) If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department. (f) If the peace officer serves the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle, the peace officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of arrest. (g) (1) The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest. (2) (A) Notwithstanding any other law, a document containing data prepared and maintained in the governmental forensic laboratory computerized database system that is electronically transmitted or retrieved through public or private computer networks to or by the department is the best available evidence of the chemical test results in all administrative proceedings conducted by the department. In addition, any other official record that is maintained in the governmental forensic laboratory, relates to a chemical test analysis prepared and maintained in the governmental forensic laboratory computerized database system, and is electronically transmitted and retrieved through a public or private computer network to or by the department is admissible as evidence in the department’s administrative proceedings. In order to be admissible as evidence in administrative proceedings, a document described in this subparagraph shall bear a certification by the employee of the department who retrieved the document certifying that the information was received or retrieved directly from the computerized database system of a governmental forensic laboratory and that the document accurately reflects the data received or retrieved. (B) Notwithstanding any other law, the failure of an employee of the department to certify under subparagraph (A) is not a public offense. (h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol screening test. (Amended by Stats. 2018, Ch. 177, Sec. 3. (AB 2717) Effective January 1, 2019.)

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