Section 2810.2 Of Chapter 4. Administration And Enforcement From California Vehicle Code >> Division 2. >> Chapter 4.
2810.2
. (a) (1) A peace officer, as described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may stop a vehicle transporting agricultural irrigation supplies
that are in plain view to inspect the bills of lading, shipping, or
delivery papers, or other evidence to determine whether the driver is
in legal possession of the load, if the vehicle is on a rock road or
unpaved road that is located in a county that has elected to
implement this section and the road is located as follows:
(A) Located under the management of the Department of Parks and
Recreation, the Department of Fish and Wildlife, the Department of
Forestry and Fire Protection, the State Lands Commission, a regional
park district, the United States Forest Service, or the federal
Bureau of Land Management.
(B) Located within the respective ownership of a timberland
production zone, as defined in Chapter 6.7 (commencing with Section
51100) of Part 1 of Division 1 of Title 5 of the Government Code,
either that is larger than 50,000 acres or for which the owner of
more than 2,500 acres has given express written permission for a
vehicle to be stopped within that zone pursuant to this section.
(2) Upon reasonable belief that the driver of the vehicle is not
in legal possession, the law enforcement officer specified in
paragraph (1) shall take custody of the vehicle and load and turn
them over to the custody of the sheriff of the county that has
elected to implement this section where the agricultural irrigation
supplies are apprehended.
(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended agricultural irrigation supplies that
were in plain view within the boundaries of public lands under the
management of the entities listed in subparagraph (A) of paragraph
(1) of subdivision (a) or on a timberland production zone as
specified in subparagraph (B) of paragraph (1) of subdivision (a),
and immediately, in cooperation with the department, proceed with an
investigation and its legal disposition.
(c) An expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
(d) Except as provided in subdivision (e), a peace officer shall
not cause the impoundment of a vehicle at a traffic stop made
pursuant to subdivision (a) if the driver's only offense is a
violation of Section 12500.
(e) During the conduct of pulling a driver over in accordance with
subdivision (a), if the peace officer encounters a driver who is in
violation of Section 12500, the peace officer shall make a reasonable
attempt to identify the registered owner of the vehicle. If the
registered owner is present, or the peace officer is able to identify
the registered owner and obtain the registered owner's authorization
to release the motor vehicle to a licensed driver during the vehicle
stop, the vehicle shall be released to either the registered owner
of the vehicle if he or she is a licensed driver or to the licensed
driver authorized by the registered owner of the vehicle. If a notice
to appear is issued, the name and the driver's license number of the
licensed driver to whom the vehicle was released pursuant to this
subdivision shall be listed on the officer's copy of the notice to
appear issued to the unlicensed driver. If a vehicle cannot be
released, the vehicle shall be removed pursuant to subdivision (p) of
Section 22651, whether a notice to appear has been issued or not.
(f) For purposes of this section, "agricultural irrigation
supplies" include agricultural irrigation water bladder and one-half
inch diameter or greater irrigation line.
(g) This section shall be implemented only in a county where the
board of supervisors adopts a resolution authorizing the enforcement
of this section.