HomeMy WebLinkAbout15-Police Department
. CI-k OF SAN BERNARD~ - REQUe-A FOR COUNCIL AC\A)N
DONALD J. BURNETT
From: CHIEF OF POLlCE
".","'C'o.- "OMlll. ~p~ect: RESOLUTION URGING APPROVAL
,,~~ FOR ASSEMBLY BILL 1608
Dept: POLlCE
Date: AUGUST 31, 1987
In '" r,;r;
o'? 3 'II' "'V
\: i'\, <.;~' .- I ., I
,,".,j .....'
J-' 'I"'
/ I
(
Synopsis of Previous Council action:
Recommended motion:
Adopt Resolution.
Ii>.. >
Contact person: nnn~lrl ,1 Rllrn"tt. fhief of Pol ice Phone:' 384-5607
Supporting data attached: y,,~
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
An.o.nrf~ 1+0"' !\In
~-t
, Clf, OF SAN BERNARD~ - REQUM FOR COUNCIL ACt-tbN
STAFF REPORT
There is a significant amount of attention being paid to traffic accidents
in which cOfl1llercial vehicles are involved. 11any believe that the poor
mechanical condition of cOfl1llercial vehicles may he causing many of these
accidents.
For enforcement purposes only, a restricted few police personnel may stop
and inspect cOfl1llercial vehicles aside from the California Highway Patrol.
To broaden our enforcement powers associated with commercial vehicle
inspections for the purpose of increasing the safety of persons on the
roadway, I recommend that the rlayor and City Counci 1 approve and si gn the
",,,h" ~","t;'". ~^.. :~~
Do",1:4~
Chief dz,police
cgr
;;-3/'.1'1
'-
8-25-87
-...---
'.
.....)
:.)
1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO URGING APPROVAL FOR ASSEMBLY BILL 1608,
3 A STATEWIDE TRAFFIC SAFETY HEASURE
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
6 WHEREAS commercial vehicles which are in an unsafe
7 condition, or are not otherwise equipped as required by the
8 California Vehicle Code, present a significant hazard to
9 persons travelling the streets, routes, and highways within
10 the City of San Bernardino; and
11 WHEREAS neither the California Highway Patrol nor
12 local law enforcement agencies currently have the express
13 authority to require the immediate removal from such streets,
14 routes and highways of commercial vehicles which are in an
15 unsafe condition or which are not otherwise equipped as
16 required by the California Vehicle Code; and
17 WHEREAS the grant of authority to the California
18 Highway Patrol and to local law enforcement agencies of the
19 authority to require the immediate removal of such commercial
20 vehicles from streets, routes and highways will greatly
21 diminish the hazard presented by such commercial vehicles
22 while not unreasonably interfering with the commerce conducted
23 by such commercial vehicles;
24 NOW, THEREFORE, the Mayor and Common Council of
25 the City of San Bernardino resolve to take a position of
26 support for the adoption of Assembly Bill l608, except
27 Section 1 thereof which adds Section 261 to the Vehicle Code.
28 It is the belief of the Mayor and Co~~on Council that the
c
~
'-
()
,
.....i
1 phrase".. .employed in Los Angeles County...." should be
2 deleted from Section I, as such phrase inhibits the potential
3 positive effect of the law. With that deletion, Assembly
4 Bill l608 is supported by the Hayor and Common Council of the
5 City of San Bernardino who hereby express their support for its
6 adoption by the State Legislature.
7
I HEREBY CERTIFY that the foregoing resolution was
8 duly adopted by the Hayor and Common Council of the City of
9 San Bernard ino at a
meeting thereof,
10 held on the
day of
, 1987, by
11 the following vote, to wit:
12
13
14
15
16
17
18
19
20 day of
21
22
23
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1987.
Mayor of the City of San Bernardino
24 Approved as to form and legal content:
25
,\ ')
, :J I
", {/t'11"--> 7. 1/' ('l'l>v"--t.-..,
c;.ity Attorney
27 /
26
28
8-25-87
2
~I t y ut" ~AN tsCHNhtiUU\lU - fVICIVIUru;\I'4UUlvl
.~ ;.......
Donald J. Burnett' ,
From Chief of Pol ice '
/.
~<o
To Jim Penman, City Attorney
......,/
Subject Resolution in Support of Assembly Bill 1608
Date June I, 1987
.' ".
.~,
'-'~. ":
'..'
;:Dai~'; ~-=~'.:~'!;::'fF;'~l ,~~:-~~ ::....-~, - .~,:r, ~~~~~~~.~~~
Aporoved
The Mayor requested that we review AB 1608 and if appropriate recorrmend
your office draft a resolution in support for Council consideration. We
have reviewed the bill and our recorrmendations are as stated in Sergeant
Sellas' memo, dated r1ay 28, 1987, which is attached. Would you draft
th' "~t" t" th, "'y" ,,' ,,",,'1', ".,.. ,,' ",,,.,,.
oontkf~
01lef of Police
c;:
At:ac~ment
cc: Mayor Wilcox
Ray Schweitzer, City Administrator
.
-
CITY OF
. ,
--,
To CAPT. M. LEWIS
From SGT. D. SELLAS
Subject STAFF REPORT: ASSEMBLY BILL #1608
Date 5-28-87
Approved 7n ..-V"'-=::'
.
Date .#j - c;J ~-,f"7
PROBLE!1:
Recently Assp.mbly Bill #l608 was introduced for consideration by
Assemblyman KATZ. Assembly Bill 1608 deals with authorizing peace
officers to stop and prohibit the operation of a commercial vehicle
that is in an unsafe condition or is not equipped as required by the
California Vehicle Code. This bill would allow only certain identified
peace officers or members of the California Highway Patrol to enforce
the prcposed section of the Vehicle Code. As the law is proposed
t~lS would not allow officers of this department to enforce this
vehicle code section.
RFC~_~(-~:-1ENDATIONS :
As ~~c~~ated on the memorandum it is recommended that the City Attorney's
Office draft a resolution in support of the Senate Bill for Council
consideration. The recommendation should cover the changes to include
in the definition of a "commercial enforcement officer" would be any
o=ficer of the California Highway Patrol or a deputy sheriff or
municipal police officer employed in the State of California who has
completed a P.O.S.T. approved course in commercial vehicle enforcement
and whose primary duties involve traffic enforcement and highway safety.
FINDINGS:
Recently the department received a memorandum from the Mayor's office
requesting research and possible endorsement of Assembly Bill,1608
on behalf of the city of Rolling Hills Estates. After researching
the proposal it was the opinion that at this time only members of
the California Highway Patrol may stop commercial vehicles that are
deemed to be in an unsafe condition and hold them at that location
until the vehicle is made to conform with the vehicle code. It was
understood that no other police officers had the power to detain such
a vehicle until the vehicle was made to comply.
We contacted the local office of the California Highway Patrol to
ascertain from them on what authority they could stop and detain a
commercial vehicle when it is not in compliance with the California
Vehicle Code as it pertains to vehicle equipment and being operated
in an unsafe condition. We were referred to the local Cajon scales
facility and they gave us several sections, one of which was an Attorney
General's opinion regarding vehicles that are of an illegal size,
weight, or unsafely loaded. They could not give us a section that
s~ecifically authorized the stopping and detaining of vehicles that
~e~e u~sQfe due to t~eir condition.
-
<-
-
'-'
--
, ,
...,.;
~
STAFF REPORT: ASSEMBLY BILL 1608
PAGE 2
We were referred to the Banning scales facility and received the same
information regarding the Attorney General's opinion. We are still
attempting to get information regarding the operation of an unsafe
vehicle. not vehicles that are ~nsafely loaded.
We called the Riverside office of the Highway Patrol and finally the
Sacramento office of Commercial Enforcement. Each of these agencies
gave us the same information referring us to an Attorney General's
opinion dated approximately 1949 which authorized the Highway Patrol
to stop and detain vehicles that were unsafely loaded. They were
unable to give us a specific section for vehicles that are in an unsafe
condition. We called the State Attorney General's office and attempted
to get a copy of the Attorney General's opinion regarding the sections
that were related to us; but as of this date we have not received
that information.
During our research we were unable to find any section of the California
Vehi~:e Code or any ether code that authorized a peace officer to
2tCp and de~ain a rno~or vehicle when it is in an unsafe condition
or noc equipped as requ~red. There are several sect~cns.of the Califcr~i~
Vehicle Code that authorize peace officers to stop vehicles when they
are of an illegal size, weight, length, height, or loaded. Currently
Section 2802 of the California Vehicle Code authorizes any traffic
officer to stop a vehicle when he has reason to believe that it is
unsafely loaded or the height, weight, length. or weight of the vehicle
is unlawful. Section 2803 authorizes a traffic officer to require
the vehicle to stop in a suitable place and reload or remove such
a portion of the load as may be necessary to render the load safe
or reduce it to the limits permitted under the vehicle code. Section
2806 of the California Vehicle Code authorizes the regularly employed
or salaried pOlice officer. or deputy sheriff having reasonable cause
to believe that any vehicle or combination of vehicles is not'equipped
as required or is in such an unsafe condition may require the driver
to stop and submit to an inspection of his vehicle. Section 2800
makes reference to lawful orders and inspections by any peace officer.
This section says that it is unlawful to wilfully fail to refuse to
comply with any lawful order, signal, or direction of any peace officer
wr.en chat peace officer is in uniform and performing duties under
any of the provisions of the code or refuse to submit to any lawful
inspection of this code.
Section 24002 of the California Vehicle Code says that it is unlawful
to operate any vehicle or combination of vehicles which is in an unsafe
cond~tion or which is not safely loaded. Section 24004 allows a peace
officer to order a vehicle that is in an unsafe condition or that
is not equipped as required by the California Vehicle Code to take
that vehicle directly to the residence of the driver or to a business
or the owner or to a garage for repair and ordering that the vehicle
not be driven until the repairs have been made.
"".:'~ -:. .:._,::,;;e:~
;?_~ :: __ ..:... .::-'..:3
~,~ ~2:-::":"'~1(_:
..::.' - '-. ~- ~ --"
_.- -, ',.:e.:..
~c
2. ~_: :-: :'cCi :" ::... ~__ ~-=
..:.. ,~.. - -. - -.-
'..
'-
o
"",",
.~
.;;
STAFF REPORT: ASSEMPLY BILL 1608
PAGE 3
Again, nowhere does it authorize a peace officer to stop and hold
a vehicle when it is in an unsafe condition. The only time a peace
officer may stop and hold a vehicle is when it is unsafely loaded
or does not conform with the length. width, and height requirement.
The only time that a peace officer may order a vehicle to do anything
when it is in unsafe condition is to order it to be taken directly
home or to a garage or place of repair and order that it may not be
driven until the vehicle is made to conform with the California Vehicle
Code as it pertains to equipment.
The proposed Assembly Bill 1608 would attempt to rectify that problem,
but would only empower certain peace officers employed in the county
of Los Angeles. As recommended, the law should indicate that a commercial
enforcement officer would be any officer of the California Highway
Patrol or a deputy sheriff or municipal peace officer employed in
che Stace of California who has completed a P.O.S.T. approved course
in commercial vehicle enforcement and whose primary duties involve
~~aff.ic enforcement and highway safety.
:~e police department should endorse the Assembly Bill with the
recommendation that it be modified to allow all peace officers to
enforce this section.
ACTION PAPERS:
~cne ~
APPENDEXES:
The following documents were reviewed and considered. during this study.
1. Letter from the city of Rolling Hills Estates.
'.
2. Inter-office memorandum from Mayor Evelyn Wilcox to Chief Donald
Burnett.
3. Vehicle Code Sections 2800, 2802, 2803, 2806, 24002, 24004
Resgectfully SUb~' tted:
l ..
D.
"
c
C I T Y
o F~ A N B E R ~ R
INT~FFICE MEMO~UM
8704-1238
DIN 0
---."
DATE:
April 21, 1987
(7051)
- "I
~~"V V I
'~
TO:
Don Burnett, Chief of Police
FROM: Evlyn Wilcox, Mayor
SUBJECT: AB l608
COPIES:
Ray Schweitzer, City Administrator
\ \
\ '
\j
-------------------------------------------------------------
Attached, please find a letter from the City of Rolling Hills
Estates requesting the City of San Bernardino to endorse AB
1608. I would like to request that you review this legisla-
tion and if appropriate, recommend that the City Attorney's
Office draft a resolution of support for Council considera-
tion.
Thank you.
o
f, 7!:
,~' ~ .
~'" ,
, / /. - \.~
;~~~Cc. L---..-C-_/:' /\--~
Evlyn Wilcox, Mayor
nb
Attachment
'.
~.,
" .
,
'-
/,,"-'.,
"""",
'.....,;
'-'
1,../
11IC'O'JtO,.tM
s..U ".
,..,
THE CITY Of
ROLLING HILLS ESTATES
..., PUOS VERDES DRIVE 1<ORTH . ROJ.LI1<C HilLS ESTATES, CA. le214
T[l[PHO~[ _ ]'11.1577
April 14, 1987
R[[fMb
. APR 1 71987 ~
\ .,)" ,-,UYOR'S OFFICE !
\ . ~... ..,1:'..:'1 Ser!\,UOiftt' ,...... I.
.', --~ ~
,~.;......., ,:"
'~--..-...-:""< -.'
','- /
Honorable Mayor
City Hall
Cal~fornia
Dear Honorable Mayor:
I am writlng this letter on behalf_of~t~~lliDl ~ll. Estates' City Council
to urge you and your Council t~ 8upport and endorae!A&;l608. an important piece
of legislation which will ~!P::tq ,improve tbe overall Dfety of our roadways in
the State of CalifOrnia. Fo~ your information and review, I have enclosed a
copy of the bill as well as a summary of the proposal prepared by the State
Leg~slative Counsel.
The proposed legislation introduced by Assemblyman Katz would allow greater
flexibility for the removal of unsafe commercial vehicles from local streets
and highways. Currently, the only officers authorized to handle this task are
California Highway Patrol Officers; however, other law enforcement officials,
including Police Officers through municipalities and County Sheriffs' O{ficers,
do not 'have this statutory authority. AS 1608 would grant the aforementioned
officials the necessary power to remove unsafe commercial vehicles when it is
determined that their continued operation would create a hazard to the motoring
public and when a California Highway Patrol Officer is una ole to respond to the
location of the vehicle within a reasonable time. We feel this measure is
absolutely critical in enhancing the safety of our roadways and would result in
a reduction of serious 'truck accidents which heretofore have plagUed not only
our City but ot~er cities across the State.
Inasmuch as the safety of motorists throughout California could be affected by
this legislation, we strongly encourage your City Council to endorse this
measure and we urge you to contact your respective State legislative represent-
atives for the purpose of garnering support for the passage of this bill.
Thank you for your conSideration.
Sincerely,
~! ;' -,4. /V'
/<h..;< /i /'!tW::<- !.---
",.. - 7:'
c
".'"
''-"''
:),
~
C.\UFOR:\IA LEGISLA Tt:RE-I987-'lB REGliLAR SESSIOi'i
')
ASSEMBLY BILL
No. 1608
Introduced by Assembly Member Katz
")
March 5, 1987
An act to amend Section 24004 of, and to add Sections 261'
and 24004.5 to, the Vehicle Code, relating to vehicles.
\
,
LEGISLATIVE COL~SEL'S DIGEST
AS 1608, as introduced, Katz. Commercial vehicles:
unsafe operation,
(1) Gnder existing law, a peace officer, as defIned, is
authorized to prohibit the operation of any vehicle or
combination of vehicles, after he or she gives notice that the
vehicle is in an unsafe condition or is not equipped as required
by the Vehicle Code, except as may be necessary to return the
vehicle to a place where it can be made to conform to the
Vehicle Code,
This bill would prohibit a person from operating a
commercial vehicle after specified notice that the vehicle is
in an unsafe condition and poses a hazard to other persons,
thereby imposing a state-mandated local program by creating.
a new crime, The determination would be made bv an officer'
of the California Highway Patrol or by other commercial
enforcement officers, as defined, if any such officer finds that
a California Highway Patrol officer cannot respond to the
location of the vehicle within a reasonable time.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bilI would provide that no reimbursement is required
by this act for a specified reason.
Vote: majority, Appropriation: no, Fiscal committee: yes.
)
)
99 50
c
--.,
.....;
t""
---
AB 1608
-2-
State-mandated local program: yes,
The people of the State of California do enact 3S follows:
1 SECfIO:-'; 1. Section 261 is added to the Vehicle
2 Code, to read:
3 261. A "commercial enforcement officer" is any
4 officer of the California Highway Patrol, or a deputy
5 sheriff or municipal police officer employed in Los
6 Angeles County who has completed a 40-hour post
7 approved course in commercial vehicle enforcement and
8 whose primary duties involve traffic eniorcement and
9 highv.ay safety.
10 SEe. 2. Section 24004 of the Vehicle Code is amended
11 to read:
12 24004. ~ Except as prodded in Section 2400-4.5 with
13 respect to commercial \'ehic1es, no person ~ may
14 operate any vehicle or combination of vehicles after
15 notice by a peace officer, as defmed in Section 830,1 or
16 subdivision a) of Section 830.2 of the Penal Code, that
li the vehicle is in an unsafe condition or is not equipped as
1'1 required by this code, except as may be necessary to
19 return the \ ehicle or combination of vehicles to the
20 residence or place of business of the owner or driver or
21 to a garage, until the vehicle and its equipment have
22 been made to conform with the requirements of this
23 code, .
24 =Fee pre .-biefls ef ~ This section ~ does not appl~'
25 to an employee who does not know that ~ the notice'.
,26 has been issued, and in ~ that event the previsisRS ef
. en Section 40001 ~ he is applicable,
28 SEe. 3. Section 24004.5 is added to the Vehicle Code,
29 to read:
'30 24004.5. ~ot\\ithstallding Section 24004. no person
31 may operate a commercial vehicle after notice by an
32 officer of the California Highway Patrol that the vehicle
3:1 is in an unsafe condition and that its operation \vould pose
34 a hazard to other persons. In that case, further operation
35 of the vehicle is prohibited until it is in a safe condition
36 and its operation would not pose a hazard to other
~
')
")
~
\
,
)
J
)
99 so
L
'"')
c
"""
""
J
-3-
AB 1608
}
1 persons. Other commercial enforcement officers, as
2 defined in Section 261, may make those determinations
3 only after fmding that a California Highway Patrol officer
4 is unable to respond to the location of the vehicle within
5 a reasonable time.
6 SEe. 4. 1'\0 reimbursement is required by this act
7 pursuant to Section 6 of Article XIII B of the California
8 Constitution because the onIv costs which mav be
9 incurred by a local agency o~ school district will be
10 incurred because this act creates a new crime or
11 infraction, changes the definition of a crime or infraction,
1~ changes the penalty for a crime or infraction, or
13 eliminates a crime or infraction.
)
I
,
o
.
)
)
YG 40
C-
"".",
,.. ~
'-
.....;
Div. 11
-509_
~ 23343
Sloppm,,_ p"...... . (' ",
~, 23.333. No vehicle .hall st~p, .tand, ~r be parked in or ~.; any yehicular
\ cr<:rW=~~'t~ ~v~;d ~;UYC~r'~~' ~ ~~ ~r property.
(b) When n<;cessary for the repair, maintenance or Operation of. publicly
owned toD bridge. ". . " ,. ..... " ' ',. . ','.," ." ~
(c) In compliance with the direction of a member of the Califomia
Highway Patrol or an employee of the Department of Transportation who
is a peace officer or with the direction of a sign or signa).
(d) In such places as may be designated by the Director of
Transportation, , ,
Amended a.. 54Il, Stab. 1974, Effecuw Januuy 1. 1975. " ~
AtIopllott 01 T,.Hk .... .'.
23334. The Department of Transportation may adopt rule. and
regulations not inconsistent with this chapter for the control of traffic on any
vehicular crossing to "lid and insure the safe and orderly flow of traffic, and
shall, 10 far .. practicable, notify the public of the rules and regulations by
signs on the ,'ehicular crossing.
^'""'>ded by a.. 54Il, Stab. 197.. EffecUve Januuy I, 1m.
l'ublicfltion 01 T"II1~ Rill.. ,
23335, The Department of Transportation shall cause to be publish~
and made available to the public at the toUgates of each vehicular crossing
copies of those traffic law. and rule, and regulations particularly applicable
th~reto
.o\mended bv 01. ,'W.5. Sbt:. 197.(. F.ffe-ct:,'e Janua~ 1. 19'73. '__';:_'
Viol"ti"" ", R... ""d R."lIltdio". "
23JJ6. It is unlawful to violate any rules or regulations adopted under
Section 23334, notice of which bas been given either by a sign on a vehicular
crossing or by publication as provided in Section 23335. ,
CHAPTER i4. PARKWAYS
(.~dded Ch. 1626, Slab. 196.~_ Effective September 17, 196.5)
Adoption of Traffic RJf..
23340.
Added Ch. 1626. Stats. 1965. Effecth'e September 17. 1965.
."mended Ch. DB. Slats. 1969. Effective :\'ovember 10, 1969.
Repealed Ch. 681, Stab. 1962. Effective January 1. 1983.
Comm.tdollf.hid..
23341. ' .
Added Ct. 1626., Stab.. 1965. Effective September J7, 19M.
Amended Ch. J38. Stats. 19R9. EHecti\le November 10, J969.
Repealed Ch. 681. Stab. 1_ Effective Jmuuy I. 19&1.
Pub/jellllon 01 T"'ffl~ R",.. . ," J
"-, :';("~ :' ~. . t
23342.
^d~ Ch. 16:16, Stats. 196.3. Effective ~ptem~r 17, 196.5. .
AmPnded Ch. 138, St.au. 1969. Effecti\-'e ~ovember 10, 1969.
Repealed Ch. 681. Suts. 1918:!. Eff<<bve January J, 1983.
Viti/of/on 01 Ilul.. find li.guIDl/on.
2.:3.3.g,
Added. OJ.. 1626. Stats. 1963. Effective September 17, I~ "
Repe.J..,j a" 681, Stau, 1982. Elreclive Jan...", 1. 19&1.
,
"
'. ,
--
'-~"-
...)
.,
"
~
c
o
,......
v
. .
.
~ 24000
-510-
Div. 12
DMSION 12. EQUIPME1'ITOFVEHICLES","h-:.,,'. ,.;....
~ .~.. \.. .:"'.-!.l;'...:-~..!'.. ',."..l." '.....,f,'_/.:.','....._,,;:,~ ..':'..'o:.,.--~ '.;,
. . CH.u>n:lIl, ' CENERAL PROVISIONS' ;'-.,,:..!. ".. ,;' .
".~~ ~..~,.~~';~~~_;.. .\C.. .'. ;.~.,"". . .~ ~~ ~ ~.: h .~
24000. Wb~r;;'er'in this di~on Ihe word "deparim~nt. occur.s. it means
the Department oflhe California Highway Patrol. ',' ' " .'
Applletnion ., DI",./on. ,.
24001. Th j division and DiVision 13 (commencing at Section 29(00),
unless olhernise provided. applies to all vehicles whether publicly or
privately' o,",ned wben upon ,lhe highways. including all authorized
emergency vehicles,
Amended Cb. 1996, S..... IllIl9. Elrective September 18, Ill1l9. _ . ' '
Golf c."
24001.5. A goll cart as dermed in Section 345 shall only be subject to Ihe
provisiolU of this division which are applicable to a motorcycle. ,
Added en. 1303. Stab. 1968. Eff~":ve November 13, 1968-
.'\mended OJ.. lcr.~. Stilts. 16. f.;~ .~ve November 10. 1969.
Amen~ Ch. 973. Stat!. 1972.. Effr-ctive Aagust 16, 1972 by terms of an urgency clause.
V.hId. No' E"",--, 0' /In..'. ." ,'.'
, 24002." It is unlawful to operate any vehicle or combination of vehicl"s
which is in an unsafe condition, which is not equipped as required by this
code, "" wiuch is not safely loaded.
V.hid. With U_wlut t..",p.
24003. No vehicle shall be equipped wilh any lamp or illuminating device
not required or pennitted in this code. nor shall any lamp or illuminating
de,ice be mounted inside a vehicle unless specifically pennitted by this
code. This section does not apply to: ,..
(a) Interior lamps such as door, brake and instrument lamps, and map,
dash. and dome lamps designed and used for the purpose of illummating Ihe
interior of Ihe vehicle.
(h) Lamps needed in Ihe operation or utilization of those veh,cles
mentioned in Section 25BOI. or vehicles used hy puhlic utilities in Ihe repair
or maintenance of Iheir service. or used only for Ihe illumination of cargo
space of a vehicle while loading or unloading. '
(c) Warning lamps mounted inside an aulhorized emergency vehicle and
meeting requirements estahlished by Ihe department.
Amended 01. 547. Stats. 1963. Effective September 20. 1963.
Amended A.. 723. Stat!. IGJ9. Effective January 1. 198J.
Unl..wlul Op.",tion Aft., Notlc. by OHlc.,
24004. No person shall operate any vehicle or combination of vehicles
after notice by a peace officer. as defined in Section 830.1 or subdivision (a)
of Section 8JO.;; of Ihe Penal Code, that Ihe vehicle is in an unsafe condition
or is not equ.pp. d as required by this code, except as may be necessary to
return the vehicle or combination of vehicles to the residence OT place of
business of Ihe owner or driver or to a garage, until the vehicle and its
equipment hay. been made to conform with the requirements of this code.
The provisions of this section shall not apply to an employee who does not
know Ihat such notice has been issued. and in such event Ihe provisions of
Section 40001 shall be applicable.
Amended 01. .n;. Stats. 196.5. EfFecti....e September 17. 1%5.
Amended Ch.. 171, Stats. 1979. Effective January I. 1980.
Stll., Tf'tIn,'., or In"G/h~'iGn 01 Un/awlul Equipmenl
24005. It is unlawful for any person to sell, offer for sale, lease, install. or
replace. eilher for himself or as Ihe agent or employee of another, or through
such agent or employee, any glass, lighting equipment. signal devices,
brakes, vacuum or pressure hose, muffler. exhaust. or any kind of equipment
:)
'-
.'
,jc
<....
",..,~
,"'""
.....,;
'-'
'.
Div. 2
~ 2549
'~69-
decline to issue a Iiceme, when the' run'e ForappeaJ has elapsed, or the
judgment of conviction has been affirm ed on appeal, or when an order
granting probation is made suspending' the imposition 'oFscntence,
irrespective of a subsequent order under the provisions-of Section 1203.4 of
the Penal Code allowing such person to ..ithdraw his plea of guLlty and to
enter a plea of not ~lty, or settin~ aside the verdict of guilty, or dismissing
the accusation, informatIon or mdictment. . '~ . ';"'"
Added Ch. 1309. St.ab. 1968. Operative January 1. 1_.
Di.dpli"",., Ani.".
2544. The commissioner may take disciplinary action against any Iiceme
after a hearing as provided in this chapter by any of the follOwing:
(a) Imposing probation upon terms and conditions to be set Forth by the
commissIOner.
(b) Suspending the license.
(c) Re,'oking the license.
Added 01. 1:109. Stan. 1968. Oper.ative January 1. 1989.
Sunwnd., 0' Unlnu
2543. Upon the effective date of any order of SUSIll'nsion or revocation of
any license governed by this chapter, the licensee sball surrender the license
to the COmmissioner.
Add.-.d Ch.. 1309, St.us 19158. O~Tatl\'e January 1. 1969.
Continuing Juri.diction
2546. The expiration or SlISpension of a iicense by operation of law or ,by
order or deemon of the commissioner or a court of law, or the \'oluntary
surrender of a license by a licensee shall not deprive the commissioner of
jurisdiction to proceed with any investigation of or action or disciplinary
proceedings against such licensee. or to render a decision suspending or
revoking such licen~. .
Added at. 1309. Stats. 1968. Opc.-rative I;lQLLilry i, 1969.
I'eriod lor Filing ACaJltl#ions
2547, .\11 accusations against licf"'lsees shall be filed within three years
after the acr or omiSSIon alleged as the ground for disciplinarv aclion, except
'that "ith respect to an accusation allelting a violation of subdivision (f) of
Section 2.542. the accusation may be filed within two years after the discovery
by the California Highwav Patrol of tbe alleged facts constituting the fraud
or misrepresentation prohibited by said section. '
."-dded Ch. 1309. Stat!. 1968. Operative January 1, 1969.
R.Yo~lItion 0' Suspension 0' Addition,,1 Licens..
2548. When any license has been re,'oked or suspended follo"ing a
hearing under the provisions of this chapter, any additional license issued
under this chapter in the name of the licensee may be Iike"ise revoked or
'suspended by the commissioner. " " , ,
.4.dded Ch. 1309, Stats.. 1968. Operative January I. 1969.
Reinstatem.nt 0' Litfln.e
2549. After suspension of the license upon any of the grounds set forth
ifl this article. the commissioner may reinstate the license upon proof of
compliance by the applicant "ith all provisions of the decision as to
reinstatement. After re\'ocation of a license upon any of the grounds set forth
in this article, the license shall not be reinstated or reissued "ithin a period
of one year after the effective date of revocation,
Added Ch. 1309. St.lts. 1968, Operati"'e January 1. 1969
-....I
'.
c - -- ,--,
'-' ....,) ....)
.
'.
".,...\
"~ 2560
-70-
, . Div.-,2
. '"''
.
Article 6. _ Hazardous Waste Inspections
. .1' (Added. Ch.. 1007. Stats. 19':'9. Effective January 1. 198m
HuardOfl' W.,t. ",.pKlion F..
2.560. The commissioner may determine the fee for the annual inspection
of trucks, trailers, semitrailers, vacuum tanks, cargo tanks, and containers
used to transport hazardous waste. The fee, established by regulation, shall
be sufficient to cover the cost to the department of conducting hazardous
w...te inspectiOJ15 but shall not exceed fifty dollars ('-50).' ' , , .
Added Ch. 1097. Slats. 1979. EJTecth-e january 1. 1980
Amended 01. 1112. Stats. 19l1)' Effective January 1. 1981.
"
CHAPTER 3. THE RECIPROCITY COMMISSION
Article I. Administration
M.",bers 01 Il.ciprodty Co",tn;u;on
2600. The Reciprocity Commission is composed of the Lieutenant
Governor, the Director of ~otor Vehicles, the Director of Transportation,
the State Controller, and the Commissioner of the California Highway
Pau-vl. _
w''''ldr..l Ch. Mi.. SL..b.. 197.1. E.tTeco.'..e J,umar.. 1. 197:5.
wmpen.tI;;on
2601. All of the members of the commission shall serve thereon withour
additional compensation. but they shall receive their necessary actual
traveling expenses incurred in the discharge of their duties. ' ,
Action by Ma;o,;ty
26(j2. A majonty of L.~e members of the commission may act fOT the
conlIllUision.
Assistan:e From Diredor
2603. The Director of "Iotor Vehicles shaJl provide such assistance to the
commlS.Sion as it may require.
c
Article 2. Powers and Duties
Ag,eements
2650 The commission is empowered to enter into fonna! agreements or
arrangements as provided in Article 3 of Chapter .. of Division 3,
commencmg at Section 8(X)(). .
Rule. and Regulation. . \ ~_ .. - c"
265L The commission may adopt" ~~h rules and T~gwations as may be
necess;U] to 'effectuate the powers granted to it by this code. '
'.
.'
CHAPTER 4.
Article
AO\<INISTRATIOS A.'10 E.'1FORCEML',
1. Lawful Ord,,,s and Inspections
\it
Ob"dience 10 Traffic Offic.r.
2800. It is unlawful to willfully fail or refuse to comply "ith any lawful
order, signal, or direction of any peace officer, as defined in Chapter 4.5
(commencing with Secti.on 8.'JO) of Title 3 of Part 2 of the Penal Code, when
that peace officer is in unifonn and is performing duties under any of the
provisions of this code, or to refuse to submit to any lawful inspection under
this code.
Amended Ch. &H, Stats. 1981. EfTecti\"e January 1. 1982.
c
--
'-'
~
'-'
Div. 2
-71-
~ 2802
\
\
"
11I0I/11tfI1I'_ 0HIc.r .~ ,. , ", ,... .. \, ,:., ,,< ,
2800,1. Any person who, while operating a motor vehicle and ..ith the '
intent to evad; WillfuUy flees or otherwise attempts to elude a pursuing peac.
officer', motor vehicle, is guilty of a misdeameanor if all of the following
conditions eJlist: .,'."
(a) The peace officer's motor vehicle is exhibiting at least one lighted red
lamp visible from the front and the penon either sees or reasonably should
have seen the lamp. ' ,
(b) The peace officer's motor vehicle is sounding a siren as may be
reasonab1v necessarY. ' . .
(c) The peace officer's motor vehicle is distinctively marked: ,.
(d) The peace officer's motor vehicle is operated' by a peace officer, as
delined in Chapter 4.5 (commencing"ith Section 830) of Title 3 of Part 2
of the Penal COde, and that peace officer is Wearing a distinctive uniform.
Added Cl. lUN. Slats. 1977. Effective January 1. 19i1l. ", .
Am~ded Cl. 504. Slats. una. Effeetivp januuy 1. 1979.
Amended ClL/ilO. s..... 1981. E/T""tive am..,,. l. 1!l82.
lIrpeaJed and Added, Ch. 941. Stats. 1982. Effective January 1. 1963.
",..dinll .. "- 0Hi.., c.,,,.lnll Injury .., o-llr
21l00.2. Whenever willful flight or attempt to elude a pursuing peace
officer in violation of Section 2800.1 proximate'" causes death or bodily injury
to any person. the person dn\ing the vehicle, upon conviction. ,hall be
pUnIshed b," imprisonment in the state priso~ by imprisonment in the
wunty jail (or not less than 30 days nor more than six months. or by a rUle
ot not less than one hundred seventy dollars ($liOI nor more than five
hundred dolla... (S500), or by both that fine and imprisonment.
Added Ch. 947. Stats.. 1982. Effective January 1.19&1.
Ohdi.nc. I. Fi,."..n
2B01. It is unlawful to "ilfully fail or refuse to complv with any lawful
order. "gnal, or direction of any member of any fire department, paid.
volunteer. or company operated. when wearing the badge or insignia of a
lireman and when in the Course of his duties he IS protecting the personnel
and fire department equipment.
Lood In.".t:tion
2802. fa; Anv traffic officer having reason to believe that a vehide is not
saJ-~ v loaded or that the height, width, length, or weililit ofa vehide and load
is unlawful may require the dnver to stop and suoDJit to an inspection,
measurement, or weighing of the vehide. The weio:hing" may be done either
bv means of portable or stationary seales and the officer ma\' require that Ihe
vehicle be driven to the nearest scale facilitv. in the event the scales are
..ithin five miles. .
(b/ Selected inspection facilities and platform scales operated by the
Department of the California Highwav Patrol may, at the discretion of the
commissioner, be open for extended hours, up to and including 24 hours
every day. The primary purpose of the extended hours is to assist in the
detection of overweight vehides. These inspection facilities and platform
scales shall be located near primary border route points of entry into the
st.'te,jllld key routes "ithin the state.
(L) An amount not to exceed one million dollars ($1,000,000) shall be
available annually from the Motor Vehide AccouClt in the State
Transportation FUnd. upon appropriation by the Legislature, for the
expanded operation of the scale facilities, as specified in subdivision (b). It
is the intent of the Legislature that the funds made available pursuant to this
subdivision shall be the only funds available for purposes of this section.
Am~ded Ch. 1170, Stau. 1981. Effecti\"e January 1. 1982.
..../
"
-ri<
L
,,-.
---
:)
~2803
Di\".2
-i2-
c."troI ., 111.11.1 $i.. ., W.illht . .
2B03. (a) If the traffic officer detennmes that the vehiCle is not safely
Joaded or that the height. width, length, or weight is unlawful, he mav
.,require the driver to stop in a suitable place and reload or remove such
portion of the load... may be necessary to render the load safe or to reduce
It to the limits pe[)llitted under this cOde, A suitable place Is an area which
allows the least obstruction to the highway and which require. the least
travel on the highway by the vehicle. Determination of the suitability of an
area shall be made by the traffic officer who requires the adjustment. All
material so unloaded shall be cared for by the owner or operator of the
velucle at the risk of the owner or operator, '
(b) If a certified weight certificate or bill of 1adin~ accompanies a vehicle
'wluch has been detennined te be overweight due t. . the load on the vehicle,
the driver shall submit the certified weight certificate or bill of lading,
wluchever is appropriate, to the traffic officer when the overweigbt load is
removed in the presence of the officer. The officer may note on the certified
weigbt certificate or bill of lading submitted by the driver the ract that a
portion of the load has been removed to brinl! the vehicle and load within
the allowable weight limit specified in this cOOe, and the officer shall return
the certificate or bill of lading to the dri\'er.
(c) If the height, width or length of the vehicle is unlawful, irrespective
of any load thereon, or if an unladen vehicle is overweight, :he traffic officer
may prohibit further movement of the vehicle until a pennit is obtained as
provided in Section 35780. -
A<n~nd.:...-i (;h WH. Stats 19F1 Fffe<'th"f' Yptem~r 15, 19lil
AmE"nd..d Ch. ~ 196, Sl~ts. 19fi,.~. FJTK1'i\"{' Srpt~mber Ii. 196,';
Ami:ndt:..:j Ch. 506. St..ts. 117':. EfTecu,,'e J.mlUry 1. 19'78.
In.pedion by Patrol Me",b.,.. ..
2804. A member of the California Highwav Patrol upon reasonable belief
that any vehicle is being operated in violation of any pro\isioos of this code
or is in such unsafe condition as to endanger any person. may require the
driver of the vehicle to stop and submit to an inspection of the vehicle, and
it:> equipment. license plates. and registration card.
Insp.d;on 0' V.hid..
2805. (al for the purpose of locatmll stolen vehicles. a member of the
California Hiehway PatToL or a member of .1 eltv police department or
county sheriffs office whose primary responsibility is to conduct vehicle
theft invesl1gatioos. mav inspect any velude of a type ..eqwred to be
registered under this ccae or any indentifiable vehide component thereof
on a highway or in any public garage, repair shop, parking lot, new or used
car lot, automobile dismantler's lot, velude shredding facility, vehicle leasing
or rental lot. vehide equipment rental yard, vehide salvage pool, or other
similar establishment, and may mspect the titie or reglStration of t.ehicles.
in order to establish the rightful m..nerslup or possessinn of the vehicle or
indentifiable velude component. ". ' ' '
As used in tlus subdivision, Midentifiable vehicle component" means any
component which can be distinguished from other similar components by
a serial number or other ur..que distin~uishing number. sign. or symbol.
(bl A member of the California; :!ohwav Patrol. or a member of a cih
poiice department or county sheriff;; -:"fice'whose primary responsibihty is
to conduct vehicle theft investigations, mav also inspect, for the purposes
specified in subdi\ision (a), implements of husbandry, special construction
equipment, and special mobile equipment in the places described in
subdivision (a) or when such a vehicle is incidentally operated or
transported upon a highway. '
(c) \\"henever possible. inspections conducted pursuant to subdi\ision
<al or (bl shall be conducted at a time and in a manner so as to minimize
any interference with, or de-lJ.y of. business operations.
:\m~nrl...J Ch. &ri. Stab. 1970. EfTt"('ti\,~ ;";oH'm~r 23. 19'70
,..mended Ch. 325, SlAtS. 1977. EfTech\"l! J.mlwry l. 1978.
......; -
.
{
c
o
-.
~
;),
Div. 2
-;3-
~ 2807.3
,
\
Amended. Ch. ~2. Slats. 1979. EffectIVe JaDuarv 1. J9M. ...
Amended Ch. 1Ol7. Stats. 1983. Effective JiU'luUy 1. 198<<.
V.hld. .1Id Elflll"",.nt In.pGdl.n.
2806. Any regularlv employed and salaried police' officer or deputy
sheriff having reasonable cause to believe that any vehicle or combination
of vehicles is not equipped as required by this code or is in such unsafe
condition as to endanger any penon. mav require the driver to stop 1llld
submit the vehicle or combination of "ehides to an inspection and such t{>sts
as may be appropriate to determine the safety to persons and compliance
..-jth the code.
Amended Ch. 1110. Stats. 1967. EEfecti\~ ~Q\'embPr 8. 1967
SdtOGlbflt In'IMa/on
'lJ?I.'fT. (a, The California Highway Patrol shall inspect every schoolbus at
least once each school year to ascertain whether its construction. design.
equipment. and color comply with all provisioru of law.
I b) :0.;0 person shall drive any schoo1bus unless there is displayed therein
a certificate issued by the California Highway Patrol stating that.on a certain
date. which shall be within 13 months of the date of operation. an authorized
employee of the California Highway Patrol inspected the bus and found that
un the date of inspection the bus complied with the applicable provisions of
state law relatin~ to construction, design, equipment,. and color. The
CommIssioner of the California Highway Patrol shall provide by rule or
re~lation for the issuance and display of distinctive inspection certificates.
.Unenae-O Ch. i.9IS. Slats. 19fi.1. EffP('t!ve' September 20. 1963.
Amt"nriPri Ch. .~. ~tats. 1969. Eifecti\"f' SO\f'mbel" to. 1969
In.p.dion of Sehool Pupil Ad;tllt., 'UI..: OJ.plll,! of In.p.ct/on c."ificat..
28Ui,\, la, The Department of the California Highway P",trol shall
inspect and certify every school pupil activity bus specified in Section 546
at least once each year to ascertain whether its condition complies \\ith aU
provisions of the law.
(hi ~o person shall drive any motor vehicle specilled in subdivision (a';
unless there is displayed therein a certificate issued by the Department of
t~p Cahfomia HilznW3V Patrol statim! that on a certain date. which shall be
\\1thm 13 months' of the date of operation. an authorized empioyee of the
De:;artment of thp C:alifornia Highway PJ.trol inspected such motor vehicle
,md found that on the date of inspection such motor vehicle complied \lith
the appiicabie pro\isions of the state law. The Commissioner of the
California Highwa,' Patrol shall provide by rule orregulation for the issuance
and display of distinctive inspection certificates.
Addt..>d Ch. 94.5. Stats. 1976. Eff~tive Januan" I, 1977.
.\mended Ch. 813. Stats. 1981. FJTective Jillluary 1. 1982-
Preventive Mtlintenllnce In.p.dion . .....
2807 .2. The Department of the California Highway Patrol shall, by
regulation. pro\oide for a preventive maintenance inspection guide for use
by operators of motor vehicles specified in Sections 'lJ?I.'fT and 'lJ?I.'fT.1. The
regulations shall provide that the record of inspection shall be signed by the
person making the inspection, and the record of the inspections shall be
retained on file by the operator for review and inspection by the
Department of the California Highway Patrol.
.\dded Ch. 945. St.1ts 1976. EfTt'eti\.'e January l. 1977.
o\.rnt"ud..o Ch. <406. Stats. 1977. Effecti\."e August 'n, 1977 b~.. temLS of an urgency clause.
.-\mt"ndo:"d Ch. IIi",Stats" 19T7. Effecti\"e January I, 1978.
Amende-d Ch 813. StaU. 1981. EfTecti\."e JanuMY 1, I9&!.
In.pedion 01 Youth Bu.
2807,3. (a) The Department of the California Highway Patrol shall
inspect md certify every youth bus at least once each school year to ascertain
whether its condition complies ..ith all provisions of law.
c
'"'"
...,;
,...-....
~
~ 2808
-74-
Dil'.2
(b) :110 person shall drive any youth bus unless there is displa"ed th'"ein
'kOertificate issued by th.. Department of the California Hignwav Patrol
stating that on a certain date. which shall be ""thin 13 months of the date-
of operation. an authorized employee of the Department of the Ctlifomia.
Highway Patrol inspected the y'outh bus and found that on th.. date of
inspection th.. youth bus complied WIth the applicable yro'isions of state
law. The Commissioner of the California Highway Patro shail provide, by
rule or regulation, for the Issuance and display of distinctive inspection
certificates.
iC I The Commissioner of the California Hi2"hwav Patrol ffiav determine
the fee and method of collection for the annual inspection of ;'outh bilies.
The f..e. established bv regulation. shall be suffiCIent to COver the cost to the
department for youth bus inspections and testing of drivers pursuant to
Section 12.52.1 All fees receiH'd shajJ be deposlled in the Motor VehIcle
Account in the State Transportation Fund.
.A.ddt"d c:h. ~. St3tS. 1%2.. Eff~I\iP.' July -t. 19152. SIlp"'r5ed~ Ch. 13.1_
..\m~fldPrl Ch. !.:!:'J. Stals. i9a2. i:Jleco\'p. January 1. 19J\3
Privo/. Schoo/bus Il.quirem.nl,
2808. {a:, Except as prnv;ded in subdinsJUn (bl ~lH sch::clbuses
LJaJispOrnn.2' pupi!s tc OJ'" from any pnvate sC'hooi IJT p:r:,,'atc scho(,j act1\1tv
':!-!:lii be :meject to the same statutes. rules, .md regulations relating to
c.nnstnJction. design. operatIon. equipment. and color .1S are now or
hereafter applicable to school buses transpotting pupils to or from any public
school or public school acti>ity,
(b i Sehoolbuses shall be exempt from such statutes, rules. and rp~ulatlOns
relating to construction. design. safe operation. and equipment as the
Commissioner of the California HilZhwav Patrol shall determine necessary
to permIt .such 5choolbuses to continue in operation or whelllt appears that
the results IOte-nded to be attained bv such rules and regulations are being
accomplishea by the use of other methods. Such exemption shall be speclfien
b~' ruie or re-~'1.J..iation uf the commisslonf'r. 7\;0 'SUch exemption shaH be made
whIch in the opinion of the commISSioner would jeopardize the safety of the
pupIls so traru:ported.
Amended Ch. 406. Stats. 1977. EffE"Cti\"e August 1::1, 1977 by terms of d.n urgency cla~,
Coli/omi. Hil1hwflY Patrol SCIII".
2809. All scales and wel~hing insL-uments used by any member of the
C<1luomia Highway Patrol tu enforce the pro\1sions of this code with re.spect
to weight limitations shall be inspected and certified as to accuracy at least
once in each calendar year by the Bureau of Weights and \leasures of the
D, ~artment of Food and Agriculture or by a county sealer of weights and
measures.
Amended Ch. 2fi1. St.lt",. 1972. EfFectm:" ~farch 7. 1973.
Amended Ch. 54.5, Stats. 1974_ Efftc"Ch\'p. Jd.ouary 1. 1975.
Inspectfon '0 Prevent Theft
2.~W (a) A member of the California Highway Patrol may stop any
vehicle tr:msporting any timber products, livestock, poultry, farm produce.
crude oil. or petroleum products and inspect the bills of fading. shIpping.
deliver)' papers. or other evidence to determine whether the driver is in
legal possession of the load. and upon reasonable beHef that the driver of
such vehicle is not in legal possession. shan take custody of the vehIcle and
load and turn the same OVer into the custody of the sheriff of the COUI1t\.
wherein the timber products. Hvestock. pOllltT~.. farm produce, crude oil. o.r
petroleum products. or any part thereot. is apprehended.
I b I The shenff shall recei\'e and pro\'ide for the care and safekeeping of
such timber products. livestock. poultry, farm produce, crude oil. or
petroleum products, or any part thereof. and lmmediatel~'. in cooperation
",ith the department, proceed \\ith the investigation and legal disposition
thereof.
...J.
,
~