Vehicle Code, 1959

A person taking a breath test must be told that the equipment keeps no breath sample, and they must be offered a retained blood or urine sample at no cost.

Certain prior convictions are treated as separate DUI-related offenses for the purposes listed in the section.

In DUI cases, the court must check prior qualifying convictions, cannot strike them to avoid required punishment or license consequences, and must notify other courts if separate convictions are reported within 10 years.

The court must report constitutional rulings to the DMV, and the department must remove a conviction from its records if it is found unconstitutional.

Certain out-of-state DUI-related convictions are treated as convictions under specified California Vehicle Code and Penal Code sections for purposes of this code.

A person charged with DUI involving drugs or alcohol plus drugs cannot use lawful entitlement to use the drug as a defense.

If certain DUI-related allegations are dismissed, substituted, or stricken, the court must state its reasons on the record, and the prosecution must file a written statement of reasons when it makes the motion.

For DUI-related charges under Sections 23152 or 23153, the court cannot pause the case or dismiss it so the accused can attend certain education, training, or treatment programs before acquittal or conviction.

People convicted of DUI-related offenses covered by this section must pay an alcohol abuse education and prevention penalty assessment, unless the court finds they cannot pay.

County alcohol program administrators must run an alcohol and drug assessment program, courts must or may order certain DUI-related offenders to participate, and the state health agency must set minimum assessment specifications.

Some DUI-related offenders must participate in a county alcohol and drug problem assessment program, and another category of offenders may be ordered to participate.

Counties must prepare or arrange alcohol and drug assessment reports for certain people, and courts must act on those reports within set deadlines.

This section requires courts and county treasurers to handle DUI-related alcohol assessment money, including setting some assessments, checking ability to pay, and transferring certain funds to the county general fund.

The Office of Traffic Safety must adopt rules and guidelines to carry out Sections 23646 to 23649.

After a conviction for specified DUI offenses, the court may order a presentence investigation and may order education, training, or treatment. The court must also obtain the person’s driving record from the DMV, and the Judicial Council must adopt a standard certification form.

When this section applies, the person must surrender all operator’s licenses to the court, and the court must send the license(s) to the department and notify it.

If a person is placed on probation, the court must promptly notify the Department of Motor Vehicles, and the department must record the probation and its term and conditions.

A court may delay revoking or suspending a driving privilege for certain convictions until the prison term is served.

A court may not order or refer a person to a program if a court employee has a direct or indirect economic interest in that program or provider.

This division becomes operative on July 1, 1999.

Proof that notice was given may be shown by a certificate or by an affidavit meeting the stated details.

Civil process and subpoenas for DMV records must be served on the director or the director’s appointed representatives at the department headquarters.

This section sets rules for deciding when a highway is in a business or residence district and which nearby buildings count.

The commissioner must administer and enforce listed Vehicle Code laws, with several exceptions, and has primary responsibility for traffic enforcement on certain highways and in certain local areas.

The commissioner must enforce vehicle laws on State Highway Route 1 in Malibu when the city requests it and a state-city contract is in place.

The commissioner may enforce vehicle and expressway laws in Santa Clara County if requested and under a contract, and the contract must require the affected city or county to pay the commissioner the department’s service costs.

In this division, “department” means the Department of the California Highway Patrol.

This section says the division, and Division 13 unless otherwise provided, applies to all vehicles on highways, including authorized emergency vehicles.

A golf cart, as defined in Section 345, is subject only to the parts of this division that apply to motorcycles.

This section makes it unlawful to operate unsafe or improperly equipped vehicles, and it restricts commercial motor vehicle drivers and motor carriers from operating or dispatching vehicles unless cargo-safety conditions are met.

A person may not operate a farm labor vehicle if it has an immediate safety hazard or violates Sections 24004 or 31402.

Vehicles may not have lamps or illuminating devices that are not required or permitted by this code, and lamps or illuminating devices may not be mounted inside a vehicle unless specifically permitted.

After a peace officer’s notice that a vehicle is unsafe or not properly equipped, no person may keep operating it until it is brought into compliance, except for travel needed to take it home, to the owner’s or driver’s business, or to a garage.

A person must not sell, lease, install, or replace certain vehicle equipment that does not comply with the code or related regulations.

A person must not sell or offer synthetic fiber rope or webbing strap material for regulated loads unless it meets department requirements.

A person may not sell or offer for sale certain vehicle equipment unless it has the required trademark, name, and model designation and comes with any required printed instructions.

Certain vehicle sales are prohibited unless the vehicle complies with the Vehicle Code and related regulations, and sellers must provide or transmit compliance certificates in specified transactions.

A manufacturer must reimburse a local public fire service agency for repair costs for an authorized emergency vehicle when the fire department requests it and the repair fixed a manufacturer defect covered by a safety-related recall.

If a dealer or retail seller’s permit holder sells certain older model vehicles to an elderly low-income person, they must install the required certified emissions device at no cost.

Certain auctions of noncompliant vehicles are barred, and specific sellers must give compliance documents, notices, bill of sale details, and turn in license plates in some public-utility and public-agency sales.

A salvage pool must give required notice and notify the buyer about registration and compliance requirements, unless the vehicle is sold to a dealer, for wrecking/dismantling, or exclusively for off-highway use.

No person may operate a motor vehicle if its frame height or body floor height exceeds the section’s limits.

A person may not sell or offer for sale a new motor truck, truck tractor, or bus unless it has an identification plate or marking showing the manufacturer’s name and gross vehicle weight rating.

The commissioner must provide adequate highway patrol at all times, day and night.

The commissioner may enforce certain hazardous waste and medical waste transportation provisions.

Vehicle-rental businesses for 30 days or less may not rent or allow use of a vehicle unless required equipment is provided or offered, the vehicle meets safety standards, and it is mechanically sound; their contracts must also include specified renter and refusal information.

Dealers and other persons may not sell covered vehicles or vehicle equipment unless it complies with the applicable federal standard and carries the required certification.

Manufacturers and importers of new passenger vehicles sold or leased in California must attach a specified notice to the vehicle, and the notice can be placed differently for certain autonomous vehicles.

Dealers and manufacturers must give buyers or owners a clear notice when a new passenger vehicle with a partial driving automation feature is sold, delivered, or upgraded, and manufacturers and dealers may not market or name the feature in a misleading way.

This section says Chapter 20.4 of the Business and Professions Code does not affect the department’s existing inspection program, and the Legislature intends that the program continue with cooperation between the department and the Department of Consumer Affairs.

Lighting equipment or devices subject to department requirements must comply with the department’s engineering requirements and specifications, including mounting and aiming instructions.

A seller may not sell a new motor vehicle unless the buyer is given a statement of the vehicle’s minimum gasoline octane number.

A dealer may not sell, offer for sale, or display for sale certain new light duty trucks unless a required label is securely affixed and shows specified information.

Dealers may not sell, offer for sale, or display new, assembled motorcycles unless a manufacturer-approved hang tag is securely attached, and extra dealer price labels over MSRP must meet disclosure rules.

Motorized bicycles must meet certain federal safety standards, and if operated on a highway they must also have a mirror, horn, and adequate muffler.

Electric bicycles must meet specified equipment and motor-shutoff standards; manufacturers must certify compliance; tampering or selling speed-modification products is prohibited, with a limited exception when the bike still qualifies and the label is replaced.

Commercial motor vehicles operated by motor carriers must have a working speedometer that shows speed in miles per hour or kilometers per hour and is accurate within plus or minus 5 mph at 50 mph, unless the section’s autonomous-vehicle exemption applies.

Transit buses used by motor carriers providing public transportation must have a working two-way communication device; school-district buses are exempt, and the commissioner may grant a one-year extension on request.

Certain heavy-duty non-gasoline vehicles with a specific malfunction indicator light shown may not be driven on public roads, and tampered-emissions vehicles may not be operated.

The commissioner may make and enforce rules and regulations needed to carry out the department’s duties.

The commissioner may adopt and enforce safety regulations for certain vehicle fuel containers and fuel systems, and facility operators must post the applicable regulations; operating a motor vehicle in violation of a regulation adopted under this section is an infraction.

The commissioner must adopt certain federal hazardous-materials definitions.

Dealers and retail seller’s permit holders may not sell a new or used vehicle with a catalytic converter unless the converter is permanently marked with the vehicle’s VIN, subject to listed exceptions.

The commissioner may create highway patrol districts and establish branch offices when needed.

The commissioner or a designated representative may make reciprocal operational agreements with certain neighboring state agencies, and the commissioner may set procedures to carry them out.

The commissioner must establish headquarters or substations in charter counties, except counties of the first or second class, and may establish them in other suitable localities.

The department must obtain a vehicle suitable for registration and commercial safety inspections at border crossings into Mexico.

The commissioner may buy or lease real estate and build structures needed by the department or its divisions, but only with approval from the Department of General Services.

The commissioner may require highway patrol vehicles to carry a stretcher and emergency first aid equipment for transporting injured persons.

The department must prepare accident-report forms and supply them on request to police departments, coroners, sheriffs, and other suitable agencies or individuals.

The department must tabulate all accident reports and publish accident statistics annually or more often. It may also analyze reports, do further research, and run experimental field tests on highway accident prevention.

Members of the California Highway Patrol have peace officer powers as provided in Penal Code Section 830.2.

This section defines when a dealer is a “buy-here-pay-here” dealer and includes a 90%/45-day assignment test and a 30-day payment exclusion for certain motor vehicle sale contracts.

This section says who is not included in the term “buy-here-pay-here” dealer.

Members of the California Highway Patrol may direct traffic, including in emergencies and when needed for safety or to expedite traffic.

The department may contract to provide supplemental patrol services for special events that create extraordinary traffic control needs.

Members of the California Highway Patrol are authorized to serve all warrants related to enforcing this code.

Members of the California Highway Patrol may investigate accidents that cause personal injury or death and gather evidence for prosecution.

The Highway Patrol commissioner may coordinate vehicle theft work, while the department must limit, protect, and report on license plate reader data use.

The department may hold or store certain unclaimed property, except registered vehicles, until it is claimed and storage charges are paid.

If unclaimed property is not claimed within six months and charges are unpaid, the department may sell it at public auction after giving at least five days’ notice by newspaper publication.

The Commissioner of the California Highway Patrol may issue authorized emergency vehicle permits for listed vehicles only when they are used for emergency response or similar urgent public-safety purposes.

The commissioner may suspend or revoke an authorized emergency vehicle permit if the vehicle violates the code, violates commissioner rules, or is not properly equipped.

The department must adopt reasonable rules for foreign commercial vehicles entering and operating in the state so they meet the same standards as other commercial vehicles.

The department and the State Air Resources Board must conduct vehicle safety and emissions inspections at California-Mexican border crossings, as far as possible.

Emergency ambulances operated in the state must be equipped at all times with a resuscitator, and the resuscitator may not have straps that could attach it to the human head.

A California Highway Patrol member may give replacement flares to a person in qualifying highway accident or hazard situations, and the requester does not have to file a claim for them.

This section defines “camp trailer” by size and use, and says a camp trailer is not treated as a trailer coach.

On request from the California Highway Patrol, motorcycle manufacturers must provide a certification of gross brake horsepower to the department. If they do not comply within 30 days after the request is mailed, dealers may not sell or offer for sale the specific make and model covered by the request.

The department may contract to inspect certain vehicles and issue inspection stickers, and the contract must require payment equal to the department’s costs.

The commissioner may approve out-of-state travel in the United States for California Highway Patrol members to attend certain law-enforcement funeral-related events, and reimbursement is allowed up to a yearly cap of $40,000.

A freeway emergency service authority may contract for call-box services, but if it contracts with the CHP it must follow specified guidelines and include agreed service terms; if it contracts with another entity, it must meet those guidelines, coordinate call transfers, and reimburse the CHP’s costs.

The department must set and implement basic emergency medical dispatcher training for its dispatchers using EMS Authority guidelines, and the commissioner may require a higher training level when appropriate.

When approving certain additional instruction and training, the department must consider related Education Code requirements.

The Highway Patrol Commissioner may make towing, emergency road, and storage agreements, and the department must work with the towing industry and provide a hearing and appeal process in some cases.

During darkness, a vehicle must have the lighting equipment required by this chapter.

Visibility-distance rules for lighting equipment apply only in darkness, straight ahead on a level unlighted highway, under normal atmospheric conditions, unless the chapter says otherwise.

Vehicle lighting equipment that is required must be kept in working order, with correct bulbs and voltage levels, and some lamp combinations are restricted.

Some newer motor vehicles and motorcycles must have taillamps that stay lit for at least 15 minutes under specified engine-off conditions.

If a rule sets the mounted height of lamps or reflectors, measure it from the lamp or reflector’s center to the level surface where the unloaded vehicle stands.

A vehicle may use a supplemental visibility system at night, but the system must not block the driver’s view or create glare, and it must operate only when the headlamps are on.

The department must prepare a one-page information sheet about its Designated Driver Program.

When the department sends an applicant’s fingerprints to the Department of Justice and must pay a fee, it must charge the applicant enough to reimburse that fee.

The Highway Patrol may set and collect charges for protective services, must have payments made by direct transfer, and must deposit the money into the Protective Services Fund.

The department must create an 800 telephone number system for reporting certain violations and must publicize it through outreach in its El Protector Program.

The commissioner must appoint a 12-member committee to create a public awareness campaign and safety video about where house cars may be legally operated in the state.

The department must provide an education program about farm labor vehicle certification requirements.

The commissioner must appoint an impaired driving task force, and the task force must study impairment detection, make policy recommendations, and report to the Legislature by January 1, 2021.

The Department of the California Highway Patrol must provide free commercial-vehicle enforcement training and completion certificates to city and county law enforcement agencies by January 1, 2027. Certain jurisdictions must have at least one officer with a completion certificate by the time a required circulation element update or ordinance adoption occurs, unless the training was not made available at no charge.

This section defines “camper” and says a one-axle camper is not considered a vehicle.

This section defines several terms used in the article, including “tow truck driver,” “employer,” “regional or local entity,” “emergency road service,” and “freeway service patrol.”

This section expands the definition of “regional or local entity” to include certain transportation and freeway-emergency entities.

Certain tow truck drivers must promptly tell their employers, prospective employers, and the California Highway Patrol about specified arrests or convictions before the next workshift. The commissioner may use CLETS to run criminal history and driver history checks for CHP rotation tow truck operators.

Employers hiring tow truck drivers must require certificate submission, review and copy the certificate, keep required records, allow inspection, and remove certain drivers after arrest or conviction notice.

This section requires fingerprinting, criminal-history screening, fees, confidentiality, and temporary certificate issuance for tow truck driver certification.

Tow truck drivers covered by this section must not give false information on the specified application or fail to follow the notification requirements in Section 2430.3; violations are misdemeanors.

If an employer fails to comply with this article or Article 3.5, the commissioner may, after a hearing, suspend the carrier identification number for up to two years or, after two failures within 24 consecutive months, bar the employer from freeway service patrol operations for two years.

Local law enforcement may run criminal history and license checks for tow truck-related applicants and operators, and the Department of Justice must support notification and release of requested information.

The California Highway Patrol must help set minimum training standards for certain freeway service patrol participants and may enter agreements with employers for those operations.

This section defines several terms used in the emergency roadside assistance article.

Employers must get a carrier identification number, display it on tow trucks used in freeway service patrols, and remove it before the vehicle is sold or otherwise disposed of or when the patrol agreement ends.

The department must provide training for employers and tow truck drivers involved in freeway service patrol operations, and dispatchers for those operations must be employees of the department or the Department of Transportation.

Tow truck drivers and employers in certain freeway service patrol operations must take the required training, and employers must keep the training record available for inspection.

Most motor vehicles (except motorcycles) must have and use at least two headlamps, with placement and height limits.

A lighted headlamp on a motor vehicle parked or standing on a highway must be dimmed or set to the lower beam.

Motor vehicles may be equipped with up to two auxiliary driving lamps and up to two auxiliary passing lamps, subject to height limits; driving lamps may not be lit with the lower beam.

A motor vehicle may have up to two foglamps, and they may be used with headlamps but not instead of them.

A motor vehicle may have up to two white spotlamps, but they cannot replace headlamps. Spotlamps have power and aiming limits, and they must not shine into other drivers’ eyes or onto other moving vehicles. The section does not apply to spotlamps on authorized emergency vehicles.

No more than four front-facing lamps of the listed types may be lighted at one time, and authorized emergency vehicles are exempt.

Headlamps or auxiliary driving lamps on a motor vehicle must be arranged so the driver can choose between different light elevations during darkness; they may also be arranged to switch automatically.

Multiple-beam road lighting equipment must be designed and aimed to meet specified beam-distance and glare limits.

Certain new motor vehicles with multiple-beam road lighting must have a beam indicator, and the indicator must show only when the high beam is in use.

Drivers must use vehicle lights during darkness, and must adjust them when approaching or following other vehicles.

Older motor vehicles made and sold before September 19, 1940 may use certain headlamps instead of multiple-beam road lighting equipment if the lamps meet the stated aiming and brightness limits.

A vehicle may carry up to eight headlamps while driving off the highway, but the lamps must meet placement, wiring, and covering rules, and must be turned off on a highway.

This section defines “carry-all” as a type of earth-moving equipment with specific design features.

This section names the article the Hazardous Substances Highway Spill Containment and Abatement Act.

The Legislature states that a statewide program for managing hazardous substance highway spills under the California Highway Patrol is necessary to protect public health and the environment.

This section defines “hazardous substance” to include hazardous materials defined in Section 353 and toxic substances defined under Health and Safety Code Section 108145.

The California Highway Patrol must coordinate statewide information, assistance, and notifications for hazardous substance spill incidents on California highways and set up a single notification mechanism.

This section assigns incident-command authority for on-highway hazardous substance incidents and requires the incident commander to coordinate with response agencies and minimize risk.

This section defines “certificate of compliance” as an electronic or printed document issued by specified government actors or an authorized person.

This section defines terms used in the article on renderers and transporters of inedible kitchen grease.

Vehicles covered by this section must have rear taillamps meeting specified minimum counts, placement, color, visibility, and mounting-height rules.

A taillamp or separate lamp must illuminate the rear license plate with white light at night so it is readable from 50 feet, and if a separate lamp is used, both lamps must be controlled by the same switch.

A vehicle may have up to two rear red fog taillamps, but they may be lit only when fog, rain, snow, smoke, or dust reduces visibility to under 500 feet.

Most vehicles in this section must have rear stoplamps, and the section sets rules for their number, color, mounting height, visibility, activation, and optional supplemental lamps.

If a vehicle’s load or rear-protruding part extends far enough past the rear, it must display red lights at night or a red/orange flag or cloth at other times.

Tow trucks and automobile dismantler’s tow vehicles towing a vehicle must carry specified rear lamps, and operators must display them when the towed vehicle’s lamps cannot be lit; in some towing cases, lamps on the towed vehicle are not required if the towing vehicle’s rear lamps are plainly visible.

Certain registered motor vehicles manufactured on or after January 1, 1969 must have backup lamps, and those lamps may be used only when backing or for a temporary post-ignition lighting system.

Vehicles subject to registration must have rear red reflectors, with the number, placement, and visibility depending on vehicle type and size.

Certain large vehicles must have specified side and front/rear reflectors, with placement and visibility rules.

Vehicles may be equipped with certain front-mounted reflectors, and school buses may use a specific two-device amber reflector setup if mounting conditions are met.

Certain button or multiple-unit reflectors on vehicles must have at least seven units and at least three square inches of reflecting surface.

Certain qualifying trailers do not need the reflectors required by Sections 24607 or 24608.

Certain large trailers, semitrailers, and truck tractors must have specified conspicuity equipment; older qualifying motor trucks and truck tractors may use it voluntarily.