Section 42001.2 Of Article 1. Public Offenses From California Vehicle Code >> Division 18. >> Chapter 1. >> Article 1.
42001.2
. (a) A person convicted of an infraction for a violation of
Section 27153.5 with a motor vehicle having a manufacturer's maximum
gross vehicle weight rating of 6,001 or more pounds is punishable by
a fine for the first offense of not less than two hundred fifty
dollars ($250) and not more than two thousand five hundred dollars
($2,500), and for a second or subsequent offense within one year of
not less than five hundred dollars ($500) and not more than five
thousand dollars ($5,000).
(b) A person convicted of an infraction for a second or subsequent
violation of Section 27153, or a second or subsequent violation of
27153.5, with a motor vehicle having a manufacturer's maximum gross
vehicle weight rating of less than 6,001 pounds, is punishable by a
fine of not less than one hundred thirty-five dollars ($135) nor more
than two hundred eighty-five dollars ($285).
(c) Notwithstanding Section 40616, the penalties in subdivision
(b) apply when a person is guilty of willfully violating a written
promise to correct, or willfully failing to deliver proof of
correction, as prescribed in Section 40616, when an offense described
in subdivision (b) was the violation for which the notice to correct
was issued and the person was previously convicted of the same
offense, except that costs of repair shall be limited to those
specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law and subject to
Section 1463.15 of the Penal Code, revenues collected from fines and
forfeitures imposed under this section shall be allocated as follows:
15 percent to the county in which the prosecution is conducted, 10
percent to the prosecuting agency, 25 percent to the enforcement
agency, except the Department of the California Highway Patrol, and
50 percent to the air quality management district or air pollution
control district in which the infraction occurred, to be used for
programs to regulate or control emissions from vehicular sources of
air pollution. If the enforcement agency is the Department of the
California Highway Patrol, the revenues shall be allocated 25 percent
to the county in which the prosecution is conducted, 25 percent to
the prosecuting agency, and 50 percent to the air quality management
district or air pollution control district in which the infraction
occurred. If no prosecuting agency is involved, the revenues that
would otherwise be allocated to the prosecuting agency shall instead
be allocated to the air quality management district or air pollution
control district in which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second
or subsequent offense does not include an offense involving a
different motor vehicle.