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Division 1. Words And Phrases Defined of California Vehicle Code >> Division 1.
Unless the provision or context otherwise requires, these
definitions shall govern the construction of this code.
"Ability to respond in damages" means financial
responsibility.
An "agricultural water-well boring rig" is a motor vehicle
which is used exclusively in the boring of water-wells on
agricultural property.
"Airbrakes" means a brake system using compressed air either
for actuating the service brakes at the wheels of the vehicle or as a
source of power for controlling or applying service brakes which are
actuated through hydraulic or other intermediate means.
"Alcoholic beverage" includes any liquid or solid material
intended to be ingested by a person which contains ethanol, also
known as ethyl alcohol, drinking alcohol, or alcohol, including, but
not limited to, alcoholic beverages as defined in Section 23004 of
the Business and Professions Code, intoxicating liquor, malt
beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka,
cordials, gin, and brandy, and any mixture containing one or more
alcoholic beverages. Alcoholic beverage includes a mixture of one or
more alcoholic beverages whether found or ingested separately or as a
mixture.
For purposes of the Driver License Compact, "intoxicating liquor"
as used in Section 15023 has the same meaning as "alcoholic beverage"
as used in this code.
"Alley" is any highway having a roadway not exceeding 25 feet
in width which is primarily used for access to the rear or side
entrances of abutting property; provided, that the City and County of
San Francisco may designate by ordinance or resolution as an "alley"
any highway having a roadway not exceeding 25 feet in width.
(a) "All-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 that is all of the following:
(1) Designed for operation off of the highway by an operator with no more than one passenger.
(2) Fifty inches or less in width.
(3) Nine hundred pounds or less unladen weight.
(4) Suspended on three or more low-pressure tires.
(5) Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger.
(6) Has handlebars for steering control.
(b) Notwithstanding subdivision (a), for purposes of Chapter 6 (commencing with Section 3000) of Division 2 and Chapter 4 (commencing with Section 11700) of Division 5, "all-terrain vehicle" also means a recreational off-highway vehicle as defined in Section 500 and a utility-terrain vehicle as defined in Section 531.
(1) Designed for operation off of the highway by an operator with no more than one passenger.
(2) Fifty inches or less in width.
(3) Nine hundred pounds or less unladen weight.
(4) Suspended on three or more low-pressure tires.
(5) Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger.
(6) Has handlebars for steering control.
(b) Notwithstanding subdivision (a), for purposes of Chapter 6 (commencing with Section 3000) of Division 2 and Chapter 4 (commencing with Section 11700) of Division 5, "all-terrain vehicle" also means a recreational off-highway vehicle as defined in Section 500 and a utility-terrain vehicle as defined in Section 531.
An "all-terrain vehicle safety instructor" is a person who
is sponsored by an all-terrain vehicle safety training organization,
who has completed a course in all-terrain vehicle safety instruction
administered by an approved all-terrain vehicle safety training
organization, and who has been licensed by the department pursuant to
Section 11105.1.
An "all-terrain vehicle safety training organization" is any
organization which is approved to offer a program of instruction in
all-terrain vehicle safety, including all-terrain vehicle safety
instruction training, by the Off-Highway Vehicle Safety Education
Committee and which has been issued a license by the department
pursuant to Section 11105.6.
"Amber" has the same meaning as "yellow," and is within the
chromaticity coordinate boundaries for yellow specified in
regulations adopted by the Department of the California Highway
Patrol.
An "armored car" is a vehicle that is equipped with materials
on either the front, sides, or rear for the protection of persons
therein from missiles discharged from firearms.
An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons, agencies, or organizations:
(1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire, rescue, or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol.
(a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons, agencies, or organizations:
(1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire, rescue, or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol.
No act or omission of any rescue team operating in
conjunction with an authorized emergency vehicle as defined in
Section 165, while attempting to resuscitate any person who is in
immediate danger of loss of life, shall impose any liability upon the
rescue team or the owners or operators of any authorized emergency
vehicle, if good faith is exercised.
For the purposes of this section, "rescue team" means a special
group of physicians and surgeons, nurses, volunteers, or employees of
the owners or operators of the authorized emergency vehicle who have
been trained in cardiopulmonary resuscitation and have been
designated by the owners or operators of the emergency vehicle to
attempt to resuscitate persons who are in immediate danger of loss of
life in cases of emergency.
This section shall not relieve the owners or operators of any
other duty imposed upon them by law for the designation and training
of members of a rescue team or for any provisions regarding
maintenance of equipment to be used by the rescue team.
Members of a rescue team shall receive the training in a program
approved by, or conforming to, standards prescribed by an emergency
medical care committee established pursuant to Article 3 (commencing
with Section 1797.270) of Chapter 4 of Division 2.5 of the Health and
Safety Code, or a voluntary area health planning agency established
pursuant to Section 127155 of the Health and Safety Code.
An "autobroker" or "auto buying service" is a dealer, as
defined in Section 285, who engages in the business of brokering, as
defined in Section 232.5.
An "autoette" is a motor vehicle, located on a natural island
with an area in excess of 20,000 acres and that is within a county
having a population in excess of 4,000,000, that meets all of the
following requirements:
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 120 inches, including the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its widest part.
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 120 inches, including the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its widest part.
An "automated enforcement system" is any system operated by a
governmental agency, in cooperation with a law enforcement agency,
that photographically records a driver's responses to a rail or rail
transit signal or crossing gate, or both, or to an official traffic
control signal described in Section 21450, and is designed to obtain
a clear photograph of a vehicle's license plate and the driver of the
vehicle.
An "automobile dismantler" is any person not otherwise
expressly excluded by Section 221 who:
(a) Is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealers plates from the department for the current year whose principal business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three personal vehicles within any 12-month period.
(b) Notwithstanding the provisions of subdivision (a), keeps or maintains on real property owned by him, or under his possession or control, two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose.
(a) Is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealers plates from the department for the current year whose principal business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three personal vehicles within any 12-month period.
(b) Notwithstanding the provisions of subdivision (a), keeps or maintains on real property owned by him, or under his possession or control, two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose.
(a) The term "automobile dismantler" does not include any of
the following:
(1) The owner or operator of any premises on which two or more unregistered and inoperable vehicles are held or stored, if the vehicles are used for restoration or replacement parts or otherwise, in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or transporter.
(B) The operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(2) Any person engaged in the restoration of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose of selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on a form approved or provided by the department, a certification by the person from whom the vehicles are obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 or 11520, or the facility complies with Section 9564.
(4) Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520. Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension.
(b) Any vehicle acquired for the purpose specified in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an independent hauler who obtained the vehicle, or parts thereof from a licensed dismantler, shall be accompanied by either a receipt issued by the department evidencing proof of clearance for dismantling under Section 5500, or a copy of the ordinance or order issued by a local authority for the abatement of the vehicle pursuant to Section 22660. The steel mill, scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form evidencing clearance or abatement to the certification required pursuant to this section. All forms specified in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace officer during business hours.
(1) The owner or operator of any premises on which two or more unregistered and inoperable vehicles are held or stored, if the vehicles are used for restoration or replacement parts or otherwise, in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or transporter.
(B) The operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(2) Any person engaged in the restoration of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose of selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on a form approved or provided by the department, a certification by the person from whom the vehicles are obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 or 11520, or the facility complies with Section 9564.
(4) Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520. Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension.
(b) Any vehicle acquired for the purpose specified in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an independent hauler who obtained the vehicle, or parts thereof from a licensed dismantler, shall be accompanied by either a receipt issued by the department evidencing proof of clearance for dismantling under Section 5500, or a copy of the ordinance or order issued by a local authority for the abatement of the vehicle pursuant to Section 22660. The steel mill, scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form evidencing clearance or abatement to the certification required pursuant to this section. All forms specified in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace officer during business hours.
Any reference in this code to "automobile driver training"
shall be deemed to refer to the laboratory phase of driver education
described by Section 51852 of the Education Code.
An "auxiliary dolly" is a vehicle, not designed for carrying
persons or property on its own structure, which is so constructed and
used in conjunction with a semitrailer as to support a portion of
the weight of the semitrailer and any load thereon, but not
permanently attached to the semitrailer, although a part of the
weight of such dolly may rest on another vehicle.
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.
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.
A bicycle is a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears,
and having one or more wheels. Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and
21200.5.
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.
(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.
(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.
The "board" is the New Motor Vehicle Board.
"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.
(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.
(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.
A "business" includes a proprietorship, partnership,
corporation, and any other form of commercial enterprise.
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.
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.
In determining whether a highway is within a business or
residence district, the following limitations shall apply and shall
qualify the definitions in Sections 235 and 515:
(a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway.
(b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district.
(c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings, other than schools, shall be deemed to be business structures.
(d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property.
(a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway.
(b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district.
(c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings, other than schools, shall be deemed to be business structures.
(d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property.
A "buy-here-pay-here" dealer is a dealer, as defined in
Section 285, who is not otherwise expressly excluded by Section
241.1, and who does all of the following:
(a) Enters into conditional sale contracts, within the meaning of subdivision (a) of Section 2981 of the Civil Code, and subject to the provisions of Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code, or lease contracts, within the meaning of Section 2985.7 of the Civil Code, and subject to the provisions of Chapter 2d (commencing with Section 2985.7) of Title 14 of Part 4 of Division 3 of the Civil Code.
(b) Assigns less than 90 percent of all unrescinded conditional sale contracts and lease contracts to unaffiliated third-party finance or leasing sources within 45 days of the consummation of those contracts.
(c) For purposes of this section, a conditional sale contract does not include a contract for the sale of a motor vehicle if all amounts owed under the contract are paid in full within 30 days.
(d) The department may promulgate regulations as necessary to implement this section.
(a) Enters into conditional sale contracts, within the meaning of subdivision (a) of Section 2981 of the Civil Code, and subject to the provisions of Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code, or lease contracts, within the meaning of Section 2985.7 of the Civil Code, and subject to the provisions of Chapter 2d (commencing with Section 2985.7) of Title 14 of Part 4 of Division 3 of the Civil Code.
(b) Assigns less than 90 percent of all unrescinded conditional sale contracts and lease contracts to unaffiliated third-party finance or leasing sources within 45 days of the consummation of those contracts.
(c) For purposes of this section, a conditional sale contract does not include a contract for the sale of a motor vehicle if all amounts owed under the contract are paid in full within 30 days.
(d) The department may promulgate regulations as necessary to implement this section.
The term "buy-here-pay-here" dealer does not include any of
the following:
(a) A lessor who primarily leases vehicles that are two model years old or newer.
(b) A dealer that does both of the following:
(1) Certifies 100 percent of used vehicle inventory offered for sale at retail price pursuant to Section 11713.18.
(2) Maintains an onsite service and repair facility that is licensed by the Bureau of Automotive Repair and employs a minimum of five master automobile technicians that are certified by the National Institute for Automotive Service Excellence.
(a) A lessor who primarily leases vehicles that are two model years old or newer.
(b) A dealer that does both of the following:
(1) Certifies 100 percent of used vehicle inventory offered for sale at retail price pursuant to Section 11713.18.
(2) Maintains an onsite service and repair facility that is licensed by the Bureau of Automotive Repair and employs a minimum of five master automobile technicians that are certified by the National Institute for Automotive Service Excellence.
A "camp trailer" is a vehicle designed to be used on a
highway, capable of human habitation for camping or recreational
purposes, that does not exceed 16 feet in overall length from the
foremost point of the trailer hitch to the rear extremity of the
trailer body and does not exceed 96 inches in width and includes any
tent trailer. Where a trailer telescopes for travel, the size shall
apply to the trailer as fully extended. Notwithstanding any other
provision of law, a camp trailer shall not be deemed to be a trailer
coach.
A "camper" is a structure designed to be mounted upon a motor
vehicle and to provide facilities for human habitation or camping
purposes. A camper having one axle shall not be considered a vehicle.
A "carry-all" is that type of earth-moving equipment which is
not self-propelled but which is designed for use behind tractors or
other motive power and which is self-loading by means of a cutting
blade which is lowered at an angle to dig into the ground. The term
includes, but is not limited to, such types of vehicles as carry the
trade names of LaPlant-Choate, LeTourneau, and Be Ge.
A "certificate of compliance" for the purposes of this code is
an electronic or printed document issued by a state agency, board,
or commission, or authorized person, setting forth that the
requirements of a particular law, rule or regulation, within its
jurisdiction to regulate or administer has been satisfied.
A "chop shop" is any building, lot, or other premises where
any person has been engaged in altering, destroying, disassembling,
dismantling, reassembling, or storing any motor vehicle or motor
vehicle part known to be illegally obtained by theft, fraud, or
conspiracy to defraud, in order to do either of the following:
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number, of a motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number, of a motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
"City" includes every city and city and county within this
State.
A "clean fuel vehicle" means any passenger or commercial
vehicle or pickup truck that is fueled by alternative fuels, as
defined in Section 301 of the Energy Policy Act of 1992 (P.L.
102-486), and produces emissions which do not exceed whichever of the
following standards, as defined by regulations of the State Air
Resources Board in effect on January 1, 1994, is applicable to the
model year of the vehicle:
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the emission standard applicable to an ultra low-emission vehicle.
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the emission standard applicable to an ultra low-emission vehicle.
"Collector motor vehicle" means a motor vehicle owned by a
collector, as defined in subdivision (a) of Section 5051, and the
motor vehicle is used primarily in shows, parades, charitable
functions, and historical exhibitions for display, maintenance, and
preservation, and is not used primarily for transportation.
(a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.
(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.
The "commissioner" is the Commissioner of the California
Highway Patrol.
A "consignment" is an arrangement under which a dealer agrees
to accept possession of a vehicle of a type required to be registered
under this code from an owner for the purpose of selling the vehicle
and to pay the owner or the owner's designee from the proceeds of
the sale.
A "converter" is a person, other than a vehicle manufacturer,
who, prior to the retail sale of a new vehicle, does any of the
following to the vehicle:
(a) Assembles, installs, or affixes a body, cab, or special equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the vehicle, if it is a previously assembled or manufactured new vehicle.
(a) Assembles, installs, or affixes a body, cab, or special equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the vehicle, if it is a previously assembled or manufactured new vehicle.
"County" includes every county and city and county within this
State.
A "crib sheet" or "cribbing device" is any paper or device
designed for cheating by supplying examination answers without
questions to an applicant for the purpose of fraudulently qualifying
the applicant for any class of driver's license, permit, or
certificate.
"Crosswalk" is either:
(a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.
(a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.
"Darkness" is any time from one-half hour after sunset to
one-half hour before sunrise and any other time when visibility is
not sufficient to render clearly discernible any person or vehicle on
the highway at a distance of 1,000 feet.
"Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates or attempts to negotiate, a sale or exchange of an interest in, a vehicle subject to registration, a motorcycle, snowmobile, or all-terrain vehicle subject to identification under this code, or a trailer subject to identification pursuant to Section 5014.1, or induces or attempts to induce any person to buy or exchange an interest in a vehicle and, who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade, vehicles for the purpose of resale, selling, or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not the vehicles are owned by the person.
(a) For commission, money, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates or attempts to negotiate, a sale or exchange of an interest in, a vehicle subject to registration, a motorcycle, snowmobile, or all-terrain vehicle subject to identification under this code, or a trailer subject to identification pursuant to Section 5014.1, or induces or attempts to induce any person to buy or exchange an interest in a vehicle and, who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade, vehicles for the purpose of resale, selling, or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not the vehicles are owned by the person.
The term "dealer" does not include any of the following:
(a) Insurance companies, banks, finance companies, public officials, or any other person coming into possession of vehicles in the regular course of business, who sells vehicles under a contractual right or obligation, in performance of an official duty, or in authority of any court of law, if the sale is for the purpose of saving the seller from loss or pursuant to the authority of a court.
(b) Persons who sell or distribute vehicles of a type subject to registration or trailers subject to identification pursuant to Section 5014.1 for a manufacturer to vehicle dealers licensed under this code, or who are employed by manufacturers or distributors to promote the sale of vehicles dealt in by those manufacturers or distributors. However, any of those persons who also sell vehicles at retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers licensed under this code while acting within the scope of that employment.
(d) Persons engaged exclusively in the bona fide business of exporting vehicles or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States, if no federal excise tax is legally payable or refundable on any of the transactions. Persons not engaged exclusively in the bona fide business of exporting vehicles, but who are engaged in the business of soliciting orders for the sale and delivery of vehicles, outside the territorial limits of the United States are exempt from licensure as dealers only if their sales of vehicles produce less than 10 percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a business, who dispose of any vehicle acquired and used in good faith, for their own personal use, or for use in their business, and not for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of vehicles, other than motorcycles, all-terrain vehicles, or trailers subject to identification under this code, that are not intended for use on the highways.
(g) Persons temporarily retained as auctioneers solely for the purpose of disposing of vehicle stock inventories by means of public auction on behalf of the owners at the owners' place of business, or as otherwise approved by the department, if intermediate physical possession or control of, or an ownership interest in, the inventory is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of purchasing, selling, servicing, or exchanging racing vehicles, parts for racing vehicles, and trailers designed and intended by the manufacturer to be used exclusively for carrying racing vehicles. For purposes of this subdivision, "racing vehicle" means a motor vehicle of a type used exclusively in a contest of speed or in a competitive trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers Act (Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the Harbors and Navigation Code) and who sells used boat trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or educational institution or organization that sells vehicles if all of the following conditions are met:
(A) The institution or organization qualifies for state tax-exempt status under Section 23701d of the Revenue and Taxation Code, and tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(B) The vehicles sold were donated to the nonprofit charitable, religious, or educational institution or organization.
(C) The vehicles subject to retail sale meet all of the applicable equipment requirements of Division 12 (commencing with Section 24000) and are in compliance with emission control requirements as evidenced by the issuance of a certificate pursuant to subdivision (b) of Section 44015 of the Health and Safety Code. Under no circumstances may any institution or organization transfer the responsibility of obtaining a smog inspection certificate to the buyer of the vehicle.
(D) The proceeds of the sale of the vehicles are retained by that institution or organization for its charitable, religious, or educational purposes.
(2) An institution or organization described in paragraph (1) may sell vehicles on behalf of another institution or organization under the following conditions:
(A) The nonselling institution or organization meets the requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter into a signed, written agreement pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds from the sale of each vehicle to the nonselling institution or organization within 45 days of the sale. All net proceeds transferred to the nonselling institution or organization shall clearly be identifiable to the sale of a specific vehicle. The selling institution or organization may retain a percentage of the proceeds from the sale of a particular vehicle. However, any retained proceeds shall be used by the selling institution or organization for its charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling institution or organization shall provide to the nonselling institution or organization, an itemized listing of the vehicles sold and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot complete a retail sale of a particular vehicle, or if the vehicle cannot be transferred as a wholesale transaction to a dealer licensed under this code, the vehicle shall be returned to the nonselling institution or organization and the written agreement revised to reflect that return. Under no circumstances may a selling institution or organization transfer or donate the vehicle to a third party that is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision shall retain all records required to be retained pursuant to Section 1660.
(p) A motor club, as defined in Section 12142 of the Insurance Code, that does not arrange or negotiate individual motor vehicle purchase transactions on behalf of its members but refers members to a new motor vehicle dealer for the purchase of a new motor vehicle and does not receive a fee from the dealer contingent upon the sale of the vehicle.
(a) Insurance companies, banks, finance companies, public officials, or any other person coming into possession of vehicles in the regular course of business, who sells vehicles under a contractual right or obligation, in performance of an official duty, or in authority of any court of law, if the sale is for the purpose of saving the seller from loss or pursuant to the authority of a court.
(b) Persons who sell or distribute vehicles of a type subject to registration or trailers subject to identification pursuant to Section 5014.1 for a manufacturer to vehicle dealers licensed under this code, or who are employed by manufacturers or distributors to promote the sale of vehicles dealt in by those manufacturers or distributors. However, any of those persons who also sell vehicles at retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers licensed under this code while acting within the scope of that employment.
(d) Persons engaged exclusively in the bona fide business of exporting vehicles or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States, if no federal excise tax is legally payable or refundable on any of the transactions. Persons not engaged exclusively in the bona fide business of exporting vehicles, but who are engaged in the business of soliciting orders for the sale and delivery of vehicles, outside the territorial limits of the United States are exempt from licensure as dealers only if their sales of vehicles produce less than 10 percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a business, who dispose of any vehicle acquired and used in good faith, for their own personal use, or for use in their business, and not for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of vehicles, other than motorcycles, all-terrain vehicles, or trailers subject to identification under this code, that are not intended for use on the highways.
(g) Persons temporarily retained as auctioneers solely for the purpose of disposing of vehicle stock inventories by means of public auction on behalf of the owners at the owners' place of business, or as otherwise approved by the department, if intermediate physical possession or control of, or an ownership interest in, the inventory is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of purchasing, selling, servicing, or exchanging racing vehicles, parts for racing vehicles, and trailers designed and intended by the manufacturer to be used exclusively for carrying racing vehicles. For purposes of this subdivision, "racing vehicle" means a motor vehicle of a type used exclusively in a contest of speed or in a competitive trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers Act (Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the Harbors and Navigation Code) and who sells used boat trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or educational institution or organization that sells vehicles if all of the following conditions are met:
(A) The institution or organization qualifies for state tax-exempt status under Section 23701d of the Revenue and Taxation Code, and tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(B) The vehicles sold were donated to the nonprofit charitable, religious, or educational institution or organization.
(C) The vehicles subject to retail sale meet all of the applicable equipment requirements of Division 12 (commencing with Section 24000) and are in compliance with emission control requirements as evidenced by the issuance of a certificate pursuant to subdivision (b) of Section 44015 of the Health and Safety Code. Under no circumstances may any institution or organization transfer the responsibility of obtaining a smog inspection certificate to the buyer of the vehicle.
(D) The proceeds of the sale of the vehicles are retained by that institution or organization for its charitable, religious, or educational purposes.
(2) An institution or organization described in paragraph (1) may sell vehicles on behalf of another institution or organization under the following conditions:
(A) The nonselling institution or organization meets the requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter into a signed, written agreement pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds from the sale of each vehicle to the nonselling institution or organization within 45 days of the sale. All net proceeds transferred to the nonselling institution or organization shall clearly be identifiable to the sale of a specific vehicle. The selling institution or organization may retain a percentage of the proceeds from the sale of a particular vehicle. However, any retained proceeds shall be used by the selling institution or organization for its charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling institution or organization shall provide to the nonselling institution or organization, an itemized listing of the vehicles sold and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot complete a retail sale of a particular vehicle, or if the vehicle cannot be transferred as a wholesale transaction to a dealer licensed under this code, the vehicle shall be returned to the nonselling institution or organization and the written agreement revised to reflect that return. Under no circumstances may a selling institution or organization transfer or donate the vehicle to a third party that is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision shall retain all records required to be retained pursuant to Section 1660.
(p) A motor club, as defined in Section 12142 of the Insurance Code, that does not arrange or negotiate individual motor vehicle purchase transactions on behalf of its members but refers members to a new motor vehicle dealer for the purchase of a new motor vehicle and does not receive a fee from the dealer contingent upon the sale of the vehicle.
"Declared combined gross weight" equals the total unladen
weight of the combination of vehicles plus the heaviest load that
will be transported by that combination of vehicles.
"Declared gross vehicle weight" means weight that equals the
total unladen weight of the vehicle plus the heaviest load that will
be transported on the vehicle.
"Department" means the Department of Motor Vehicles except,
when used in Chapter 2 (commencing with Section 2100) of Division 2
and in Divisions 11 (commencing with Section 21000), 12 (commencing
with Section 24000), 13 (commencing with Section 29000), 14
(commencing with Section 31600), 14.1 (commencing with Section
32000), 14.3 (commencing with Section 32100), 14.5 (commencing with
Section 33000), 14.7 (commencing with Section 34000), and 14.8
(commencing with Section 34500), it shall mean the Department of the
California Highway Patrol.
Any reference in this code to the Department of Public Works
shall be deemed to refer to the Department of Transportation, which
is part of the Business, Transportation and Housing Agency as
provided by Section 13975 of the Government Code.
The "director" is the Director of Motor Vehicles.
A "disabled person" is any of the following:
(a) Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b) Any person who is blind to the extent that the person's central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any of the following:
(1) The person's forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2) The person's arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the extent that the person's functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(a) Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b) Any person who is blind to the extent that the person's central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any of the following:
(1) The person's forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2) The person's arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the extent that the person's functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
A "disabled veteran" is any person who, as a result of
injury or disease suffered while on active service with the armed
forces of the United States, suffers any of the following:
(a) Has a disability which has been rated at 100 percent by the Department of Veterans Affairs or the military service from which the veteran was discharged, due to a diagnosed disease or disorder which substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153 of the Welfare and Institutions Code.
(a) Has a disability which has been rated at 100 percent by the Department of Veterans Affairs or the military service from which the veteran was discharged, due to a diagnosed disease or disorder which substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153 of the Welfare and Institutions Code.
A "distributor" is any person other than a manufacturer who
sells or distributes new vehicles subject to registration under this
code, new trailers subject to identification pursuant to Section
5014.1, or new off-highway motorcycles or all-terrain vehicles
subject to identification under this code, to dealers in this state
and maintains representatives for the purpose of contacting dealers
or prospective dealers in this state.
A "distributor branch" is an office maintained by a
distributor for the sale of new vehicles or new trailers subject to
identification pursuant to Section 5014.1 to dealers or for directing
or supervising, in whole or in part, the distributor's
representatives.
A "drawbar" is a rigid structure forming a connection between
a trailer and a towing vehicle, securely attached to both vehicles by
nonrigid means and carrying no part of the load of either vehicle.
A "driveaway-towaway operation" is any operation in which any
motor vehicle or combination of motor vehicles coupled together
constitutes the commodity being transported, when one or more sets of
wheels of any such motor vehicle or motor vehicles are on the
roadway, and when one or more of such vehicles are being operated
under a manufacturer's, dealer's, or transporter's special plates.
A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.
A "driver's license" is a valid license to drive the type of
motor vehicle or combination of vehicles for which a person is
licensed under this code or by a foreign jurisdiction.
A "driving instructor" is, except as provided in Section
11105.5, an employee of a driving school licensed by the department
to instruct others in the operation of motor vehicles.
A "driving school" is a business which, for compensation,
conducts or offers to conduct instruction in the operation of motor
vehicles. As used in this section, "instruction" includes classroom
driver education, in-vehicle driver training, and correspondence
study.
A "driving school operator" is either a driving school owner
who operates his own driving school or an employee of a driving
school who is designated by the driving school owner of such school
to personally direct and manage the school for the owner.
A "driving school owner" is any person licensed by the
department to engage in the business of giving instruction for
compensation in the driving of motor vehicles or in the preparation
of an applicant for examination for a driver's license issued by the
department.
The term "drug" means any substance or combination of
substances, other than alcohol, which could so affect the nervous
system, brain, or muscles of a person as to impair, to an appreciable
degree, his ability to drive a vehicle in the manner that an
ordinarily prudent and cautious man, in full possession of his
faculties, using reasonable care, would drive a similar vehicle under
like conditions.
(a) An "electric bicycle" is a bicycle equipped with fully
operable pedals and an electric motor of less than 750 watts.
(1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
(1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
The term "electric personal assistive mobility device" or
"EPAMD" means a self-balancing, nontandem two-wheeled device, that is
not greater than 20 inches deep and 25 inches wide and can turn in
place, designed to transport only one person, with an electric
propulsion system averaging less than 750 watts (1 horsepower), the
maximum speed of which, when powered solely by a propulsion system on
a paved level surface, is no more than 12.5 miles per hour.
An "electrically motorized board" is any wheeled device that
has a floorboard designed to be stood upon when riding that is not
greater than 60 inches deep and 18 inches wide, is designed to
transport only one person, and has an electric propulsion system
averaging less than 1,000 watts, the maximum speed of which, when
powered solely by a propulsion system on a paved level surface, is no
more than 20 miles per hour. The device may be designed to also be
powered by human propulsion.
An "expressway" is a portion of highway that is part of either
of the following:
(a) An expressway system established by a county under Section 941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1, 1989, as described in subdivision (g) of Section 941.4 of the Streets and Highways Code.
(a) An expressway system established by a county under Section 941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1, 1989, as described in subdivision (g) of Section 941.4 of the Streets and Highways Code.
"Essential parts" are all integral and body parts of a vehicle
of a type required to be registered under this code, the removal,
alteration, or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance.
"Established place of business" is a place actually occupied
either continuously or at regular periods by any of the following:
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer, manufacturer branch, distributor, distributor branch, automobile driving school, or traffic violator school where the books and records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent to the type of business being conducted are kept. A place of business of an automobile dismantler which qualified as an "established place of business" before September 17, 1970, is an "established place of business" as defined in this section.
(c) A registration service where the books and records pertinent to the type of business being conducted are kept.
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer, manufacturer branch, distributor, distributor branch, automobile driving school, or traffic violator school where the books and records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent to the type of business being conducted are kept. A place of business of an automobile dismantler which qualified as an "established place of business" before September 17, 1970, is an "established place of business" as defined in this section.
(c) A registration service where the books and records pertinent to the type of business being conducted are kept.
An "extralegal load" is a single unit or an assembled item
which, due to its design, cannot be reasonably reduced or dismantled
in size or weight so that it can be legally transported as a load
without a permit as required by Section 35780. This section does not
apply to loads on passenger cars.
"Factory-built housing" is a structure as defined in Section
19971 of the Health and Safety Code. As used in this code,
factory-built housing is a trailer coach which is in excess of eight
feet in width or in excess of 40 feet in length.
(a) A "farm labor vehicle" is any motor vehicle designed,
used, or maintained for the transportation of nine or more
farmworkers, in addition to the driver, to or from a place of
employment or employment-related activities.
(b) For the purpose of this section, a farmworker is any person engaged in rendering personal services for hire and compensation in connection with the production or harvesting of any farm products.
(c) "Farm labor vehicle" does not include:
(1) Any vehicle carrying only members of the immediate family of the owner or driver thereof.
(2) Any vehicle while being operated under specific authority granted by the Public Utilities Commission or under specific authority granted to a transit system by an authorized city or county agency.
(b) For the purpose of this section, a farmworker is any person engaged in rendering personal services for hire and compensation in connection with the production or harvesting of any farm products.
(c) "Farm labor vehicle" does not include:
(1) Any vehicle carrying only members of the immediate family of the owner or driver thereof.
(2) Any vehicle while being operated under specific authority granted by the Public Utilities Commission or under specific authority granted to a transit system by an authorized city or county agency.
A "fifth-wheel travel trailer" is a vehicle designed for
recreational purposes to carry persons or property on its own
structure and so constructed as to be drawn by a motor vehicle by
means of a kingpin connecting device.
A "former prisoner of war" is any person who, while serving
as a member of the United States Armed Forces, as a member of the
Philippine Commonwealth Armed Forces, as a part of a United States
Expeditionary Force, or as a United States civilian, was held as a
prisoner of war by forces hostile to the United States during any
armed conflict and is currently a resident of California.
A "foreign jurisdiction" is any other state, the District of
Columbia, territories or possessions of the United States, and
foreign states, provinces, or countries.
A "foreign vehicle" is a vehicle of a type required to be
registered under this code brought into this State from a foreign
jurisdiction other than in the ordinary course of business, by or
through a manufacturer or dealer and not registered in this State.
(a) A "franchise" is a written agreement between two or more
persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing indefinite duration.
(2) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail new motor vehicles or new trailers subject to identification pursuant to Section 5014.1 manufactured or distributed by the franchisor or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(3) The franchisee constitutes a component of the franchisor's distribution system.
(4) The operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, advertising, or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is substantially reliant on the franchisor for a continued supply of new vehicles, parts, or accessories.
(b) The term "franchise" does not include an agreement entered into by a manufacturer or distributor and a person where all the following apply:
(1) The person is authorized to perform warranty repairs and service on vehicles manufactured or distributed by the manufacturer or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the manufacturer or distributor.
(3) The person's repair and service facility is not located within the relevant market area of a new motor vehicle dealer franchisee of the manufacturer or distributor.
(1) A commercial relationship of definite duration or continuing indefinite duration.
(2) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail new motor vehicles or new trailers subject to identification pursuant to Section 5014.1 manufactured or distributed by the franchisor or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(3) The franchisee constitutes a component of the franchisor's distribution system.
(4) The operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, advertising, or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is substantially reliant on the franchisor for a continued supply of new vehicles, parts, or accessories.
(b) The term "franchise" does not include an agreement entered into by a manufacturer or distributor and a person where all the following apply:
(1) The person is authorized to perform warranty repairs and service on vehicles manufactured or distributed by the manufacturer or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the manufacturer or distributor.
(3) The person's repair and service facility is not located within the relevant market area of a new motor vehicle dealer franchisee of the manufacturer or distributor.
A "franchisee" is any person who, pursuant to a franchise,
receives new motor vehicles subject to registration under this code,
new off-highway motorcycles, as defined in Section 436, new
all-terrain vehicles, as defined in Section 111, or new trailers
subject to identification pursuant to Section 5014.1 from the
franchisor and who offers for sale or lease, or sells or leases the
vehicles at retail or is granted the right to perform authorized
warranty repairs and service, or the right to perform any combination
of these activities.
A "franchisor" is any person who manufactures, assembles, or
distributes new motor vehicles subject to registration under this
code, new off-highway motorcycles, as defined in Section 436, new
all-terrain vehicles, as defined in Section 111, or new trailers
subject to identification pursuant to Section 5014.1 and who grants a
franchise.
A "recreational vehicle franchise" is a written agreement
between two or more persons having both of the following conditions:
(a) A commercial relationship of definite duration or continuing indefinite duration.
(b) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail, new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, that are manufactured or distributed by the franchisor, or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(a) A commercial relationship of definite duration or continuing indefinite duration.
(b) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail, new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, that are manufactured or distributed by the franchisor, or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
"Freeway" is a highway in respect to which the owners of
abutting lands have no right or easement of access to or from their
abutting lands or in respect to which such owners have only limited
or restricted right or easement of access.
A "gantry truck" is a motor vehicle so designed and
constructed that it straddles the load to be transported and by means
of appropriate mechanism picks up the load and supports it during
transportation.
"General public paratransit vehicle" means any motor vehicle
designed for carrying no more than 24 persons and the driver, that
provides local transportation to the general public, including
transportation of pupils at or below the 12th-grade level to or from
a public or private school or school activity, under the exclusive
jurisdiction of a publicly owned and operated transit system through
one of the following modes: dial-a-ride, subscription service, or
route-deviated bus service. Vehicles used in the exclusive
transportation of disabled persons as defined in Section 99206.5 of
the Public Utilities Code, or of persons 55 years of age or older,
including any persons necessary to provide assistance to these
passengers, are not general public paratransit vehicles.
However, transportation of attendants, companions, or both
traveling together with those individuals with disabilities who are
determined to be eligible for complementary paratransit services in
accordance with Title II of the Americans with Disabilities Act of
1990 (Public Law 101-336) and federal regulations adopted pursuant
thereto, shall not be sufficient to qualify a vehicle as a general
public paratransit vehicle.
A vehicle that provides local transportation for the general
public through one of the following modes: dial-a-ride, subscription
service, or route-deviated bus service, but does not provide
transportation of pupils at or below the 12th-grade level to or from
a public or private school or school activity, is a transit bus, as
defined by Section 642, and is not a general public paratransit
vehicle.
A "garage" is a building or other place wherein the business
of storing or safekeeping vehicles of a type required to be
registered under this code and which belong to members of the general
public is conducted for compensation.
A "golf cart" is a motor vehicle having not less than three
wheels in contact with the ground, having an unladen weight less than
1,300 pounds, which is designed to be and is operated at not more
than 15 miles per hour and designed to carry golf equipment and not
more than two persons, including the driver.
(a) "Gross vehicle weight rating" (GVWR) means the weight
specified by the manufacturer as the loaded weight of a single
vehicle.
(b) Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon.
(b) Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon.
"Hazardous material" is any substance, material, or device
posing an unreasonable risk to health, safety, or property during
transportation, as defined by regulations adopted pursuant to Section
2402.7. "Hazardous material" includes explosives and hazardous
wastes or substances as defined by regulations adopted pursuant to
Section 25141 of the Health and Safety Code and medical wastes, as
defined in Section 117690 of the Health and Safety Code.
"Highway" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Highway includes street.
A "house car" is a motor vehicle originally designed, or
permanently altered, and equipped for human habitation, or to which a
camper has been permanently attached. A motor vehicle to which a
camper has been temporarily attached is not a house car except that,
for the purposes of Division 11 (commencing with Section 21000) and
Division 12 (commencing with Section 24000), a motor vehicle equipped
with a camper having an axle that is designed to support a portion
of the weight of the camper unit shall be considered a three-axle
house car regardless of the method of attachment or manner of
registration. A house car shall not be deemed to be a motortruck.
An "intersection" is the area embraced within the prolongation
of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways, of two highways which join one another at
approximately right angles or the area within which vehicles
traveling upon different highways joining at any other angle may come
in conflict.
A "legal owner" is a person holding a security interest in a
vehicle which is subject to the provisions of the Uniform Commercial
Code, or the lessor of a vehicle to the State or to any county, city,
district, or political subdivision of the State, or to the United
States, under a lease, lease-sale, or rental-purchase agreement which
grants possession of the vehicle to the lessee for a period of 30
consecutive days or more.
Lessee includes "bailee" and is a person who leases, offers to
lease, or is offered the lease of a motor vehicle for a term
exceeding four months.
A "lessor" is a person who, for a term exceeding four months,
leases or offers for lease, negotiates or attempts to negotiate a
lease, or induce any person to lease a motor vehicle; and who
receives or expects to receive a commission, money, brokerage fees,
profit or any other thing of value from the lessee of said vehicle.
"Lessor" includes "bailor" and "lease" includes "bailment."
A "lessor-retailer" is a lessor or renter who, except under
the circumstances described in subdivision (a) of Section 286, makes
a retail sale or sales of a previously leased or rented vehicle or
vehicles to other than any of the following:
(a) The lessee of the vehicle, or the person who, for a period of at least one year, has been designated by the lessee as the driver of the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
(a) The lessee of the vehicle, or the person who, for a period of at least one year, has been designated by the lessee as the driver of the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
"Lighting equipment" is any of the following lamps or devices:
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog taillamp, taillamp, stoplamp, supplemental stoplamp, license plate lamp, clearance lamp, side marker lamp, signal lamp or device, supplemental signal lamp, deceleration signal device, cornering lamp, running lamp, red, blue, amber, or white warning lamp, flashing red schoolbus lamp, side-mounted turn signal lamp, and schoolbus side lamp.
(b) An operating unit or canceling mechanism for turn signal lamps or for the simultaneous flashing of turn signal lamps as vehicular hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps, warning lamps, the simultaneous flashing of turn signal lamps as vehicular hazard signals, and the headlamp flashing systems for emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in the infrared or ultraviolet regions of the spectrum, whether or not these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an electronic display to convey the route designation, route number, run number, public service announcement, or any combination of this information, or an illuminated sign utilized pursuant to Section 25353.1.
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog taillamp, taillamp, stoplamp, supplemental stoplamp, license plate lamp, clearance lamp, side marker lamp, signal lamp or device, supplemental signal lamp, deceleration signal device, cornering lamp, running lamp, red, blue, amber, or white warning lamp, flashing red schoolbus lamp, side-mounted turn signal lamp, and schoolbus side lamp.
(b) An operating unit or canceling mechanism for turn signal lamps or for the simultaneous flashing of turn signal lamps as vehicular hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps, warning lamps, the simultaneous flashing of turn signal lamps as vehicular hazard signals, and the headlamp flashing systems for emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in the infrared or ultraviolet regions of the spectrum, whether or not these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an electronic display to convey the route designation, route number, run number, public service announcement, or any combination of this information, or an illuminated sign utilized pursuant to Section 25353.1.
A "limit line" is a solid white line not less than 12 nor more
than 24 inches wide, extending across a roadway or any portion
thereof to indicate the point at which traffic is required to stop in
compliance with legal requirements.
(a) "Limousine" means any sedan or sport utility vehicle, of
either standard or extended length, with a seating capacity of not
more than 10 passengers including the driver, used in the
transportation of passengers for hire on a prearranged basis within
this state.
(b) "Modified limousine" means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. For purposes of this subdivision, "wheelbase" means the longitudinal distance between the vertical centerlines of the front and rear wheels.
(b) "Modified limousine" means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. For purposes of this subdivision, "wheelbase" means the longitudinal distance between the vertical centerlines of the front and rear wheels.
"Liquefied petroleum gas" means normal butane, isobutane,
propane, or butylene (including isomers) or mixtures composed
predominantly thereof in liquid or gaseous state having a vapor
pressure in excess of 40 pounds per square inch absolute at a
temperature of 100 degrees Fahrenheit.
"Local authorities" means the legislative body of every county
or municipality having authority to adopt local police regulations.
A "logging dolly" is a vehicle designed for carrying logs,
having one or more axles that, if there are more than one, are not
more than 54 inches apart, and used in connection with a motor truck
solely for the purpose of transporting logs and securely connected
with the towing vehicle both by a reach and by the load.
A "logging vehicle" is a vehicle used exclusively in the
conduct of logging operations and not designed for the transportation
of persons or property on a highway.
(a) A "low-speed vehicle" is a motor vehicle that meets all
of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a "low-speed vehicle" is not a golf cart, except when operated pursuant to Section 21115 or 21115.1.
(2) A "low-speed vehicle" is also known as a "neighborhood electric vehicle."
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a "low-speed vehicle" is not a golf cart, except when operated pursuant to Section 21115 or 21115.1.
(2) A "low-speed vehicle" is also known as a "neighborhood electric vehicle."
A "managerial employee" is a person who exercises control over
a business licensed under this code, whether compensated by salary
or commission, including, but not limited to, any person who is
employed as a general manager, business manager, assistant general
manager, finance and insurance manager, advertising manager, or sales
manager.
"Manufactured home" is a manufactured home, as defined in
Section 18007 of the Health and Safety Code, a commercial coach, as
defined in Section 18001. 8 of the Health and Safety Code, a
mobilehome, as defined in Section 18008 of the Health and Safety
Code, factory-built housing, as defined in Section 18971 of the
Health and Safety Code, and a trailer coach which is in excess of 102
inches in width, or in excess of 40 feet in overall length measured
from the foremost point of the trailer hitch to the rear extremity of
the trailer. Manufactured home does not include a recreational
vehicle, as defined in Section 18010 of the Health and Safety Code.
A "manufacturer branch" is an office maintained by a
manufacturer for the sale of new vehicles to dealers or for directing
or supervising in whole or in part the manufacturer's
representatives.
A "metal tire" is a tire the surface of which in contact with
the highway is wholly or partly of metal or other hard nonresilient
material.
A "mobile billboard advertising display" means an
advertising display that is attached to a mobile, nonmotorized
vehicle, device, or bicycle, that carries, pulls, or transports a
sign or billboard, and is for the primary purpose of advertising.
"Mobilehome" is a structure as defined in Section 18008 of the
Health and Safety Code. For the purposes of enforcement of highway
safety laws and regulations, a mobilehome is a trailer coach which is
in excess of 102 inches in width, or in excess of 40 feet in overall
length measured from the foremost point of the trailer hitch to the
rear extremity of the trailer.
(a) A "motorcycle" is a motor vehicle having a seat or saddle
for the use of the rider, designed to travel on not more than three
wheels in contact with the ground.
(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.
(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.
A "motor-driven cycle" is any motorcycle with a motor that
displaces less than 150 cubic centimeters. A motor-driven cycle does
not include a motorized bicycle, as defined in Section 406.
(a) A "motorized bicycle" or "moped" is a two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor that produces less
than 4 gross brake horsepower and is capable of propelling the device
at a maximum speed of not more than 30 miles per hour on level
ground.
(b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
(b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS
PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
A "motorized quadricycle" is a four-wheeled device, and a
"motorized tricycle" is a three-wheeled device, designed to carry not
more than two persons, including the driver, and having either an
electric motor or a motor with an automatic transmission developing
less than two gross brake horsepower and capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground. The device shall be utilized only by a person who by reason
of physical disability is otherwise unable to move about as a
pedestrian or by a senior citizen as defined in Section 13000.
(a) A "motorized scooter" is any two-wheeled device that has
handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor. This device may also
have a driver seat that does not interfere with the ability of the
rider to stand and ride and may also be designed to be powered by
human propulsion. For purposes of this section, a motorcycle, as
defined in Section 400, a motor-driven cycle, as defined in Section
405, or a motorized bicycle or moped, as defined in Section 406, is
not a motorized scooter.
(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.
(c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers' existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters:
(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.
(c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers' existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS
PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
(d) (1) A manufacturer of motorized scooters shall provide a
disclosure to a buyer that advises the buyer that the buyer may not
modify or alter the exhaust system to cause that system to amplify or
create an excessive noise, or to fail to meet applicable emission
requirements.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters: "YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."
(e) This section shall become operative on January 1, 2008.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters: "YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."
(e) This section shall become operative on January 1, 2008.
"Motor carrier" is the registered owner, lessee, licensee, or
bailee of any vehicle set forth in Section 34500, who operates or
directs the operation of any such vehicle on either a for-hire or
not-for-hire basis.
A "motor truck" or "motortruck" is a motor vehicle designed,
used, or maintained primarily for the transportation of property.
(a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of Division 2, "motor vehicle" includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper.
(b) "Motor vehicle" does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of Division 2, "motor vehicle" includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper.
A "muffler" is a device consisting of a series of chambers or
baffle plates, or other mechanical design, for the purpose of
receiving exhaust gas from an internal combustion engine, and
effective in reducing noise.
"New motor vehicle dealer" is a dealer, as defined in Section
285, who, in addition to the requirements of that section, either
acquires for resale new and unregistered motor vehicles from
manufacturers or distributors of those motor vehicles or acquires for
resale new off-highway motorcycles, or all-terrain vehicles from
manufacturers or distributors of the vehicles. A distinction shall
not be made, nor any different construction be given to the
definition of "new motor vehicle dealer" and "dealer" except for the
application of the provisions of Chapter 6 (commencing with Section
3000) of Division 2 and Section 11704.5. Sections 3001 and 3003 do
not, however, apply to a dealer who deals exclusively in motorcycles,
all-terrain vehicles, or recreational vehicles, as defined in
subdivision (a) of Section 18010 of the Health and Safety Code.
A "new vehicle" is a vehicle constructed entirely from new
parts that has never been the subject of a retail sale, or registered
with the department, or registered with the appropriate agency or
authority of any other state, District of Columbia, territory or
possession of the United States, or foreign state, province, or
country.
A "nonrepairable vehicle" is a vehicle of a type otherwise
subject to registration that meets the criteria specified in
subdivision (a), (b), or (c). The vehicle shall be issued a
nonrepairable vehicle certificate and the vehicle, the vehicle frame,
or unitized frame and body, as applicable, and as defined in Section
670.5, shall not be titled or registered.
(a) A nonrepairable vehicle is a vehicle that has no resale value except as a source of parts or scrap metal, and which the owner irreversibly designates solely as a source of parts or scrap metal.
(b) A nonrepairable vehicle is a completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies, or that the owner designates has little or no resale value other than its worth as a source of scrap metal, or as a source of a vehicle identification number that could be used illegally.
(c) A nonrepairable vehicle is a completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components, and which the owner irreversibly designates as having little or no resale value other than its worth as scrap metal or as a source of a vehicle identification number that could be used illegally.
(a) A nonrepairable vehicle is a vehicle that has no resale value except as a source of parts or scrap metal, and which the owner irreversibly designates solely as a source of parts or scrap metal.
(b) A nonrepairable vehicle is a completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies, or that the owner designates has little or no resale value other than its worth as a source of scrap metal, or as a source of a vehicle identification number that could be used illegally.
(c) A nonrepairable vehicle is a completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components, and which the owner irreversibly designates as having little or no resale value other than its worth as scrap metal or as a source of a vehicle identification number that could be used illegally.
A "nonrepairable vehicle certificate" is a vehicle ownership
document issued to the owner of a nonrepairable vehicle. Ownership of
the vehicle may only be transferred two times on a nonrepairable
vehicle certificate. A vehicle for which a nonrepairable vehicle
certificate has been issued may not be titled or registered for use
on the roads or highways of California. A nonrepairable vehicle
certificate shall be conspicuously labeled with the word
"nonrepairable" across the front.
"Nonresident" is a person who is not a resident of this State.
"Nonresident daily commuter" means a person who is not a
resident of this state, but who enters and leaves this state on a
daily basis for the purpose of employment and whose vehicle is
principally garaged out of this state.
An "off-highway motorcycle" means a motorcycle or motor-driven
cycle which is subject to identification under this code.
An "official traffic control device" is any sign, signal,
marking, or device, consistent with Section 21400, placed or erected
by authority of a public body or official having jurisdiction, for
the purpose of regulating, warning, or guiding traffic, but does not
include islands, curbs, traffic barriers, speed humps, speed bumps,
or other roadway design features.
An "official traffic control signal" is any device, whether
manually, electrically or mechanically operated, by which traffic is
alternately directed to stop and proceed and which is erected by
authority of a public body or official having jurisdiction.
An "oil well production service unit" is any vehicle
specifically designed for and used exclusively in servicing oil wells
which is only incidentally operated or moved on a highway.
"Original driver's license" means the first driver's license
issued a person under this code.
An "owner" is a person having all the incidents of ownership,
including the legal title of a vehicle whether or not such person
lends, rents, or creates a security interest in the vehicle; the
person entitled to the possession of a vehicle as the purchaser under
a security agreement; or the State, or any county, city, district,
or political subdivision of the State, or the United States, when
entitled to the possession and use of a vehicle under a lease,
lease-sale, or rental-purchase agreement for a period of 30
consecutive days or more.
The Senate, Assembly, or any committees thereof, or the
Governor's office in possession and using vehicles under a lease,
lease-sale, or rental-purchase agreement for a period of 30
consecutive days or more, unless otherwise provided in the lease or
rental agreement, shall be exempt from the provisions of Section 460,
upon the giving of written notice to the department of the desire to
be so exempt.
A "paratransit vehicle" is a passenger vehicle, other than a
bus, schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, or taxicab that is both of the following:
(a) (1) Operated for hire by a business, nonprofit organization, or the state, or a political subdivision of the state utilizing drivers who receive compensation for their services and who spend a majority of their workweek operating a passenger vehicle.
(2) For the purposes of this subdivision, compensation does not include reimbursement to volunteer drivers of the cost of providing transportation services at a rate not greater than that approved by the United States Internal Revenue Service for volunteers.
(3) For the purposes of this subdivision, "for hire" means that the entity providing transportation services is compensated for the transportation under contract or agreement.
(b) Regularly used to provide transportation services to any of the following:
(1) Disabled persons who meet the definition of handicapped persons, as defined in Section 99206.5 of the Public Utilities Code.
(2) Persons with a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(3) Individuals with disabilities who are determined to be eligible for complementary paratransit services under Title II of the Americans with Disabilities Act of 1990 (P.L.101-336).
(4) Persons who are 55 years of age or older.
(a) (1) Operated for hire by a business, nonprofit organization, or the state, or a political subdivision of the state utilizing drivers who receive compensation for their services and who spend a majority of their workweek operating a passenger vehicle.
(2) For the purposes of this subdivision, compensation does not include reimbursement to volunteer drivers of the cost of providing transportation services at a rate not greater than that approved by the United States Internal Revenue Service for volunteers.
(3) For the purposes of this subdivision, "for hire" means that the entity providing transportation services is compensated for the transportation under contract or agreement.
(b) Regularly used to provide transportation services to any of the following:
(1) Disabled persons who meet the definition of handicapped persons, as defined in Section 99206.5 of the Public Utilities Code.
(2) Persons with a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(3) Individuals with disabilities who are determined to be eligible for complementary paratransit services under Title II of the Americans with Disabilities Act of 1990 (P.L.101-336).
(4) Persons who are 55 years of age or older.
"Park or parking" shall mean the standing of a vehicle,
whether occupied or not, otherwise than temporarily for the purpose
of and while actually engaged in loading or unloading merchandise or
passengers.
A "passenger transportation vehicle" is any vehicle, including
a trailer bus, designed, used, or maintained for carrying more than
10 persons including the driver, which requires the person to have in
his or her immediate possession a valid driver's license for the
appropriate class of vehicle to be driven endorsed for passenger
transportation.
A "passenger vehicle" is any motor vehicle, other than a
motortruck, truck tractor, or a bus, as defined in Section 233, and
used or maintained for the transportation of persons. The term
"passenger vehicle" shall include a housecar.
(a) A "pedestrian" is a person who is afoot or who is using
any of the following:
(1) A means of conveyance propelled by human power other than a bicycle.
(2) An electric personal assistive mobility device.
(b) "Pedestrian" includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a).
(1) A means of conveyance propelled by human power other than a bicycle.
(2) An electric personal assistive mobility device.
(b) "Pedestrian" includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a).
"Pedicab" means any of the following:
(a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.
(b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.
(a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.
(b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.
The department shall commence the "permanent trailer
identification plate program," on or after December 31, 2001, and may
designate the method, consistent with this code, to be used by
trailers, as defined in Section 5014.1, to receive an assigned
permanent trailer identification plate for all trailers, except for
trailer coaches and park trailers as described in subdivision (b) of
Section 18010 of the Health and Safety Code, for identification
purposes. An auxiliary dolly or tow dolly may be assigned a permanent
trailer identification plate. The plate shall be in a size and
design as determined by the department.
"Person" includes a natural person, firm, copartnership,
association, limited liability company, or corporation.
A "pickup truck" is a motor truck with a manufacturer's gross
vehicle weight rating of less than 11,500 pounds, an unladen weight
of less than 8,001 pounds, and which is equipped with an open
box-type bed not exceeding 9 feet in length. "Pickup truck" does not
include a motor vehicle otherwise meeting the above definition, that
is equipped with a bed-mounted storage compartment unit commonly
called a "utility body."
A "pilot car" is a motor vehicle, except a motorcycle,
motorized bicycle, or motorized quadricycle, which is used to escort
one or more other vehicles, when required, due to the vehicles' size
or character of load, in accordance with conditions set forth in a
permit issued by the appropriate state agency or by a local
authority.
(a) A "pocket bike" is a two-wheeled motorized device that has
a seat or saddle for the use of the rider, and that is not designed
or manufactured for highway use. "Pocket bike" does not include an
off-highway motorcycle, as defined in Section 436.
(b) For purposes of this section, a vehicle is designed for highway use if it meets the applicable Federal Motor Vehicle Safety Standards, as contained in Title 49 of the Code of Federal Regulations, and is equipped in accordance with the requirements of this code.
(b) For purposes of this section, a vehicle is designed for highway use if it meets the applicable Federal Motor Vehicle Safety Standards, as contained in Title 49 of the Code of Federal Regulations, and is equipped in accordance with the requirements of this code.
A "pole or pipe dolly" is a vehicle, other than a motor
vehicle, having one or more axles which axles, if there be more than
one, are not more than 54 inches apart, and two or more wheels, used
in connection with a motor vehicle solely for the purpose of
transporting poles, timbers, pipes, or integral structural materials
and connected with the towing vehicle both by chain, rope, cable, or
drawbar, and by the load, without any part of the weight of the dolly
resting upon the towing vehicle.
A "power brake" is any breaking gear or mechanism that aids in
applying the brakes of a vehicle and which utilizes vacuum,
compressed air, electricity, or hydraulic pressure developed by the
motive power of that vehicle for that purpose.
A "pneumatic tire" is a tire inflated or capable of inflation
with compressed air.
"Private road or driveway" is a way or place in private
ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner but not by other
members of the public.
A "private school" is any school, whether conducted for profit
or not, giving a course of training similar to that given in a
public school at or below the twelfth grade, including but not
limited to schools owned or operated by any church.
"Recreational off-highway vehicle" means a motor vehicle
meeting all of the following criteria:
(a) Designed by the manufacturer for operation primarily off of the highway.
(b) Has a steering wheel for steering control.
(c) Has nonstraddle seating provided by the manufacturer for the operator and all passengers.
(d) (1) Has a maximum speed capability of greater than 30 miles per hour.
(2) A vehicle designed by the manufacturer with a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision.
(e) Has an engine displacement equal to or less than 1,000cc (61 ci).
(a) Designed by the manufacturer for operation primarily off of the highway.
(b) Has a steering wheel for steering control.
(c) Has nonstraddle seating provided by the manufacturer for the operator and all passengers.
(d) (1) Has a maximum speed capability of greater than 30 miles per hour.
(2) A vehicle designed by the manufacturer with a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision.
(e) Has an engine displacement equal to or less than 1,000cc (61 ci).
A "registered owner" is a person registered by the department
as the owner of a vehicle.
(a) A "registration service" is a person engaged in the
business of soliciting or receiving an application for the
registration, renewal of registration, or transfer of registration or
ownership, of a vehicle of a type subject to registration under this
code, or of soliciting or receiving an application for a motor
carrier permit under Division 14.85 (commencing with Section 34600),
or of transmitting or presenting those documents to the department,
when any compensation is solicited or received for the service.
"Registration service" includes, but is not limited to, a person who,
for compensation, processes registration documents, conducts lien
sales, or processes vehicle dismantling documents.
(b) "Registration service" does not include the following:
(1) A person performing registration services on a vehicle acquired by that person for his or her own personal use or for use in the regular course of that person's business.
(2) A person who solicits applications for or sells, for compensation, nonresident permits for the operation of vehicles within this state.
(3) An employee of one or more dealers or dismantlers, or a combination thereof, who performs either of the following:
(A) Registration services for vehicles acquired by, consigned to, or sold by one or more of the employing dealers or dismantlers.
(B) Vehicle transactions on behalf of one or more of the employing dealers or dismantlers, if the transaction is for an employing dealer or dismantler who is a qualified business partner in compliance with the Business Partner Automation Program established by the department pursuant to Section 1685.
(4) A motor club, as defined in Section 12142 of the Insurance Code.
(5) A common carrier acting in the regular course of its business in transmitting applications.
(b) "Registration service" does not include the following:
(1) A person performing registration services on a vehicle acquired by that person for his or her own personal use or for use in the regular course of that person's business.
(2) A person who solicits applications for or sells, for compensation, nonresident permits for the operation of vehicles within this state.
(3) An employee of one or more dealers or dismantlers, or a combination thereof, who performs either of the following:
(A) Registration services for vehicles acquired by, consigned to, or sold by one or more of the employing dealers or dismantlers.
(B) Vehicle transactions on behalf of one or more of the employing dealers or dismantlers, if the transaction is for an employing dealer or dismantler who is a qualified business partner in compliance with the Business Partner Automation Program established by the department pursuant to Section 1685.
(4) A motor club, as defined in Section 12142 of the Insurance Code.
(5) A common carrier acting in the regular course of its business in transmitting applications.
"Registration year" is the period of time beginning with the
date the vehicle is first required to be registered in this state and
ending on the date designated by the director for expiration of the
registration or the period of time designated for subsequent renewal
thereof.
The "relevant market area" is any area within a radius of 10
miles from the site of a potential new dealership.
A "remanufactured vehicle" is a vehicle that has been
constructed by a licensed remanufacturer and consists of any used or
reconditioned integral parts, including, but not limited to, frame,
engine, transmission, axles, brakes, or suspension. Remanufactured
vehicles may be sold under a distinctive trade name. An existing
vehicle which is incidently repaired, restored, or modified by
replacing or adding parts or accessories is not a remanufactured
vehicle.
A "remanufacturer" is any person who for commission, money,
or other thing of value, produces a vehicle that consists of any used
or reconditioned integral parts, including, but not limited to,
frame, engine, transmission, axles, brakes, or suspension which is
subject to registration under this code. A remanufacturer is not a
person who incidently repairs, restores, or modifies an existing
vehicle by replacing or adding parts or accessories.
A "renter" is a person who is engaged in the business of
renting, leasing or bailing vehicles for a term not exceeding four
months and for a fixed rate or price.
A "repair shop" is a place where vehicles subject to
registration under this code are repaired, rebuilt, reconditioned,
repainted, or in any way maintained for the public at a charge.
A "representative" is any person regularly employed by a
manufacturer or distributor for the purpose of negotiating or
promoting the sale of the manufacturer's or distributer's vehicles to
their franchisees or for regularly supervising or contacting
franchisees or prospective franchisees in this state for any purpose.
A "residence district" is that portion of a highway and the
property contiguous thereto, other than a business district, (a) upon
one side of which highway, within a distance of a quarter of a mile,
the contiguous property fronting thereon is occupied by 13 or more
separate dwelling houses or business structures, or (b) upon both
sides of which highway, collectively, within a distance of a quarter
of a mile, the contiguous property fronting thereon is occupied by 16
or more separate dwelling houses or business structures. A residence
district may be longer than one-quarter of a mile if the above ratio
of separate dwelling houses or business structures to the length of
the highway exists.
"Resident" means any person who manifests an intent to live or
be located in this state on more than a temporary or transient
basis. Presence in the state for six months or more in any 12-month
period gives rise to a rebuttable presumption of residency.
The following are evidence of residency for purposes of vehicle
registration:
(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner's property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver's license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner's property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver's license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
A "retail sale" is a sale of goods to a person for the purpose
of consumption and use, and not for resale to others, including, but
not limited to, an arrangement where a motor vehicle is consigned to
a dealer for sale.
A "retarder" is a device, other than a brake, which, when
activated by the driver, applies a retarding force to the wheels of a
vehicle without the use of friction. A retarder may be installed in
or on the engine, exhaust system, drive train, or wheels of a motor
vehicle, or an axle or wheels of a towed vehicle. A retarder may
operate by altering the valve timing of the engine, by controlling
the flow of a circulating fluid, by applying an electromagnetic
force, by controlling the release of gases from the exhaust system,
or by other means. A retarder may or may not be capable of stopping
the vehicle upon which it is installed.
"Revived salvage vehicle" means a total loss salvage vehicle
as defined in Section 544, or a vehicle reported for dismantling
pursuant to Section 5500 or 11520, that has been rebuilt or restored
to legal operating condition with new or used component parts.
"Ridesharing" means two or more persons traveling by any mode,
including, but not limited to, carpooling, vanpooling, buspooling,
taxipooling, jitney, and public transit.
"Right-of-way" is the privilege of the immediate use of the
highway.
(a) "Road" means any existing vehicle route established before
January 1, 1979, with significant evidence of prior regular travel
by vehicles subject to registration pursuant to Article 1 (commencing
with Section 4000) of Chapter 1 of Division 3; provided, that "road"
does not mean any route traversed exclusively by bicycles as defined
in Section 39001, motorcycles as defined in Section 400,
motor-driven cycles as defined in Section 405, or off-highway motor
vehicles as defined in Section 38012.
(b) Even though nature may alter or eliminate portions of an existing vehicle route, the route shall still be considered a road where there is evidence of periodic use.
(c) A vehicle route need not necessarily be a publicly or privately maintained surface to be a road, as defined, for purposes of this section. Nothing contained herein shall pertain to any property in an incorporated area or properties held in private ownership.
(d) This section is definitional only and nothing contained herein shall be deemed to affect, alter, create, or destroy any right, title, or interest in real property, including, but not limited to, any permit, license, or easement; nor shall this chapter be deemed to affect the liability, or lack thereof, of any owner of an interest of real property based upon the use, possession, or ownership of such interest in real property or the entry upon such property by any person.
(e) This section shall only apply in a county where the board of supervisors has adopted a resolution or enacted an ordinance providing for such application.
(b) Even though nature may alter or eliminate portions of an existing vehicle route, the route shall still be considered a road where there is evidence of periodic use.
(c) A vehicle route need not necessarily be a publicly or privately maintained surface to be a road, as defined, for purposes of this section. Nothing contained herein shall pertain to any property in an incorporated area or properties held in private ownership.
(d) This section is definitional only and nothing contained herein shall be deemed to affect, alter, create, or destroy any right, title, or interest in real property, including, but not limited to, any permit, license, or easement; nor shall this chapter be deemed to affect the liability, or lack thereof, of any owner of an interest of real property based upon the use, possession, or ownership of such interest in real property or the entry upon such property by any person.
(e) This section shall only apply in a county where the board of supervisors has adopted a resolution or enacted an ordinance providing for such application.
A "roadway" is that portion of a highway improved, designed,
or ordinarily used for vehicular travel.
"Utility-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 that is all of the following:
(a) Designed for operation off of the highway.
(b) Suspended on four tires.
(c) Has a steering wheel for steering control.
(d) Has one seat to accommodate a driver and one passenger sitting side by side.
(a) Designed for operation off of the highway.
(b) Suspended on four tires.
(c) Has a steering wheel for steering control.
(d) Has one seat to accommodate a driver and one passenger sitting side by side.
Safety glazing material is any glazing material so
constructed, treated, or combined with other materials as to reduce,
in comparison with ordinary sheet, plate, or floatglass, the
likelihood of injury to persons by glazing material whether it may be
broken or unbroken.
A "safety zone" is the area or space lawfully set apart within
a roadway for the exclusive use of pedestrians and which is
protected, or which is marked or indicated by vertical signs, raised
markers or raised buttons, in order to make such area or space
plainly visible at all times while the same is set apart as a safety
zone.
"Salvage pool" means a person engaged exclusively in the
business of disposing of total loss salvage vehicles, nonrepairable
vehicles, or recovered stolen vehicles sent to it by, or on behalf
of, insurance companies, authorized adjusters, leasing companies,
self-insured persons, or financial institutions.
"Salvage vehicle rebuilder" means any person who rebuilds a
total loss salvage vehicle, as defined in Section 544, or a vehicle
reported for dismantling pursuant to Section 11520, for subsequent
resale. A person who, for personal use, rebuilds a total loss salvage
vehicle, or a vehicle reported for dismantling, and registers that
vehicle in his or her name, is not a salvage vehicle rebuilder.
Nothing in this section exempts a salvage vehicle rebuilder from any
applicable licensing requirements under this code.
"Total loss salvage vehicle" means either of the following:
(a) A vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to the extent that the owner, leasing company, financial institution, or the insurance company that insured or is responsible for repair of the vehicle, considers it uneconomical to repair the vehicle and because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in damage.
(b) A vehicle that was determined to be uneconomical to repair, for which a total loss payment has been made by an insurer, whether or not the vehicle is subsequently repaired, if prior to or upon making the payment to the claimant, the insurer obtains the agreement of the claimant to the amount of the total loss settlement, and informs the client that, pursuant to subdivision (a) or (b) of Section 11515, the total loss settlement must be reported to the Department of Motor Vehicles, which will issue a salvage certificate for the vehicle.
(a) A vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to the extent that the owner, leasing company, financial institution, or the insurance company that insured or is responsible for repair of the vehicle, considers it uneconomical to repair the vehicle and because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in damage.
(b) A vehicle that was determined to be uneconomical to repair, for which a total loss payment has been made by an insurer, whether or not the vehicle is subsequently repaired, if prior to or upon making the payment to the claimant, the insurer obtains the agreement of the claimant to the amount of the total loss settlement, and informs the client that, pursuant to subdivision (a) or (b) of Section 11515, the total loss settlement must be reported to the Department of Motor Vehicles, which will issue a salvage certificate for the vehicle.
A "schoolbus" is a motor vehicle designed, used, or maintained
for the transportation of any school pupil at or below the
12th-grade level to or from a public or private school or to or from
public or private school activities, except the following:
(a) A motor vehicle of any type carrying only members of the household of the owner of the vehicle.
(b) A motortruck transporting pupils who are seated only in the passenger compartment, or a passenger vehicle designed for and carrying not more than 10 persons, including the driver, unless the vehicle or truck is transporting two or more disabled pupils confined to wheelchairs.
(c) A motor vehicle operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public, or on a run scheduled in response to a request from a disabled pupil confined to a wheelchair, or from a parent of the disabled pupil, for transportation to or from nonschool activities, and the motor vehicle is designed for and actually carries not more than 16 persons including the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service.
(d) A school pupil activity bus.
(e) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission which is transporting pupils on a school activity entering or returning to the state from another state or country.
(f) A youth bus.
(g) Notwithstanding any other provisions of this section, the governing board of a district maintaining a community college may, by resolution, designate any motor vehicle operated by or for the district, a schoolbus within the meaning of this section, if it is primarily used for the transportation of community college students to or from a public community college or to or from public community college activities. The designation shall not be effective until written notification thereof has been filed with the Department of the California Highway Patrol.
(h) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 that are under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle.
(i) A general public paratransit vehicle, if the general public paratransit vehicle does not duplicate existing schoolbus service, does not transport a public school pupil at or below the 12th grade level to a destination outside of that pupil's school district, and is not used to transport public school pupils in areas where schoolbus services were available during the 1986-87 school year. In areas where expanded school services require expanded transportation of public school pupils, as determined by the governing board of a school district, general public paratransit vehicles shall not be used to transport those pupils for a period of three years from the date that a need for expansion is identified. For purposes of this section, a pupil is defined as a student at or below the 12th grade level who is being transported to a mandated school activity.
(j) A schoolbus with the flashing red light signal system, the amber warning system, and the schoolbus signs covered, while being used for transportation of persons other than pupils, to or from school or school related activities.
(k) A motor vehicle, other than a motor vehicle described in subdivision (b), that is designed to carry not more than 25 persons including the driver, while being used for the transportation of pupils to or from school-related activities if the vehicle is operated by a passenger charter-party carrier certified and licensed by the Public Utilities Commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code that is not under a contractual agreement with a school or school district, and the transportation does not duplicate schoolbus service or any other transportation services for pupils contracted, arranged, or otherwise provided by the school or school district.
(a) A motor vehicle of any type carrying only members of the household of the owner of the vehicle.
(b) A motortruck transporting pupils who are seated only in the passenger compartment, or a passenger vehicle designed for and carrying not more than 10 persons, including the driver, unless the vehicle or truck is transporting two or more disabled pupils confined to wheelchairs.
(c) A motor vehicle operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public, or on a run scheduled in response to a request from a disabled pupil confined to a wheelchair, or from a parent of the disabled pupil, for transportation to or from nonschool activities, and the motor vehicle is designed for and actually carries not more than 16 persons including the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service.
(d) A school pupil activity bus.
(e) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission which is transporting pupils on a school activity entering or returning to the state from another state or country.
(f) A youth bus.
(g) Notwithstanding any other provisions of this section, the governing board of a district maintaining a community college may, by resolution, designate any motor vehicle operated by or for the district, a schoolbus within the meaning of this section, if it is primarily used for the transportation of community college students to or from a public community college or to or from public community college activities. The designation shall not be effective until written notification thereof has been filed with the Department of the California Highway Patrol.
(h) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 that are under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle.
(i) A general public paratransit vehicle, if the general public paratransit vehicle does not duplicate existing schoolbus service, does not transport a public school pupil at or below the 12th grade level to a destination outside of that pupil's school district, and is not used to transport public school pupils in areas where schoolbus services were available during the 1986-87 school year. In areas where expanded school services require expanded transportation of public school pupils, as determined by the governing board of a school district, general public paratransit vehicles shall not be used to transport those pupils for a period of three years from the date that a need for expansion is identified. For purposes of this section, a pupil is defined as a student at or below the 12th grade level who is being transported to a mandated school activity.
(j) A schoolbus with the flashing red light signal system, the amber warning system, and the schoolbus signs covered, while being used for transportation of persons other than pupils, to or from school or school related activities.
(k) A motor vehicle, other than a motor vehicle described in subdivision (b), that is designed to carry not more than 25 persons including the driver, while being used for the transportation of pupils to or from school-related activities if the vehicle is operated by a passenger charter-party carrier certified and licensed by the Public Utilities Commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code that is not under a contractual agreement with a school or school district, and the transportation does not duplicate schoolbus service or any other transportation services for pupils contracted, arranged, or otherwise provided by the school or school district.
(a) Notwithstanding Section 545, a motor vehicle is not a
schoolbus if it is operated for the purpose of transporting any pupil
to or from a community college or to or from activities at that
college, irrespective of the age of the pupil or the grade level of
the pupil, if the pupil is a current enrollee in classes of the
college providing the transportation.
(b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by subdivision (d) of Section 22112 and shall meet the requirements of Section 12517.
(c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less.
(b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by subdivision (d) of Section 22112 and shall meet the requirements of Section 12517.
(c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less.
(a) Notwithstanding Section 545, a bus of the type commonly
known as a coach bus is not a schoolbus when it is operated by the
Trona Unified School District to transport pupils to route-deviated
school activities.
(b) A coach bus operated pursuant to subdivision (a) shall be inspected annually by the Department of the California Highway Patrol, shall meet the equipment safety standards established by the federal government for schoolbuses, and shall be used to transport pupils only if the driver has obtained a certificate to operate a schoolbus pursuant to Section 12517.
(b) A coach bus operated pursuant to subdivision (a) shall be inspected annually by the Department of the California Highway Patrol, shall meet the equipment safety standards established by the federal government for schoolbuses, and shall be used to transport pupils only if the driver has obtained a certificate to operate a schoolbus pursuant to Section 12517.
A "school pupil activity bus" is any motor vehicle, other than
a schoolbus, operated by a common carrier, or by and under the
exclusive jurisdiction of a publicly owned or operated transit
system, or by a passenger charter-party carrier, used under a
contractual agreement between a school and carrier to transport
school pupils at or below the 12th-grade level to or from a public or
private school activity, or used to transport pupils to or from
residential schools, when the pupils are received and discharged at
off-highway locations where a parent or adult designated by the
parent is present to accept the pupil or place the pupil on the bus.
As used in this section, common carrier, publicly owned or operated
transit system, and passenger charter-party carrier refer to carriers
in business for the principal purpose of transporting members of the
public on a commercial basis. This section shall not apply to a
motor vehicle operated by a carrier licensed by the Interstate
Commerce Commission that is transporting pupils on a school activity
trip entering or returning to the state from another state or
country.
The driver of a school pupil activity bus shall be subject to the
regulations adopted by the California Highway Patrol governing
schoolbus drivers, except that the regulations shall not require
drivers to duplicate training or schooling that they have otherwise
received which is equivalent to that required pursuant to the
regulations, and the regulations shall not require drivers to take
training in first aid. However, a valid certificate to drive a school
pupil activity bus shall not entitle the bearer to drive a
schoolbus.
A "semitrailer" is a vehicle designed for carrying persons or
property, used in conjunction with a motor vehicle, and so
constructed that some part of its weight and that of its load rests
upon, or is carried by, another vehicle.
"Shade trailer" means a device designed and utilized to
provide shade pursuant to Section 3395 of Title 8 of the California
Code of Regulations.
"Sidewalk" is that portion of a highway, other than the
roadway, set apart by curbs, barriers, markings or other delineation
for pedestrian travel.
A "snowmobile" is a motor vehicle designed to travel over ice
or snow in whole or in part on skis, belts, or cleats, which is
commonly referred to as an Over Snow Vehicle (OSV).
A "snow-tread tire" is a tire which has a relatively deep and
aggressive tread pattern compared with conventional passenger tread
pattern.
A "solid tire" is a tire of rubber or other resilient material
which does not depend upon compressed air for the support of the
load.
"Special construction equipment" is:
(a) Any vehicle used primarily off the highways for construction purposes and which moves only occasionally over the highways and which because of the length, height, width, or unladen weight may not move over the public highways unladen without the permit specified in Section 35780.
(b) Any vehicle which is designed and used primarily either for grading of highways, paving of highways, earth moving, and other construction work on highways, or for construction or maintenance work on railroad rights-of-way, and which is not designed or used primarily for the transportation of persons or property and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road and railroad construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, tracktype tractors, crawler tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, water wagons, power shovels and draglines, speed swings, skip loaders, weed mowers, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (1) are in excess of 96 inches in width or (2) which, because of their length, height or unladen weight, may not be moved on a public highway without the permit specified in Section 35780 of this code and which are not operated laden except within the boundaries of the job construction site, and other similar types of construction equipment.
(a) Any vehicle used primarily off the highways for construction purposes and which moves only occasionally over the highways and which because of the length, height, width, or unladen weight may not move over the public highways unladen without the permit specified in Section 35780.
(b) Any vehicle which is designed and used primarily either for grading of highways, paving of highways, earth moving, and other construction work on highways, or for construction or maintenance work on railroad rights-of-way, and which is not designed or used primarily for the transportation of persons or property and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road and railroad construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, tracktype tractors, crawler tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, water wagons, power shovels and draglines, speed swings, skip loaders, weed mowers, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (1) are in excess of 96 inches in width or (2) which, because of their length, height or unladen weight, may not be moved on a public highway without the permit specified in Section 35780 of this code and which are not operated laden except within the boundaries of the job construction site, and other similar types of construction equipment.
"Special construction equipment" does not include any of the
following:
(a) A vehicle originally designed for the transportation of persons or property to which machinery has been attached unless specifically designated as such in Section 565.
(b) Dump trucks originally designed to comply with the size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in Section 35780 of this code, to operate such vehicles on a highway, truck-mounted transit mixers, cranes and shovels.
(a) A vehicle originally designed for the transportation of persons or property to which machinery has been attached unless specifically designated as such in Section 565.
(b) Dump trucks originally designed to comply with the size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in Section 35780 of this code, to operate such vehicles on a highway, truck-mounted transit mixers, cranes and shovels.
"Special mobile equipment" is a vehicle, not self-propelled,
not designed or used primarily for the transportation of persons or
property, and only incidentally operated or moved over a highway,
excepting implements of husbandry.
A "specially constructed vehicle" is a vehicle which is built
for private use, not for resale, and is not constructed by a licensed
manufacturer or remanufacturer. A specially constructed vehicle may
be built from (1) a kit; (2) new or used, or a combination of new and
used, parts; or (3) a vehicle reported for dismantling, as required
by Section 5500 or 11520, which, when reconstructed, does not
resemble the original make of the vehicle dismantled. A specially
constructed vehicle is not a vehicle which has been repaired or
restored to its original design by replacing parts.
A "station wagon" is a dual purpose vehicle designed for the
transportation of persons and also designed in such a manner that the
seats may be removed or folded out of the way for the purpose of
increasing the property carrying space within the vehicle. The term
includes, but is not limited to, types of vehicles which carry the
trade names of station wagon, estate wagon, town and country wagon,
and country sedan. A vehicle used primarily for the transportation of
cadavers to or from a funeral home, mortuary, or burial site is not
a station wagon.
"Stop or stopping" when prohibited shall mean any cessation of
movement of a vehicle, whether occupied or not, except when
necessary to avoid conflict with other traffic or in compliance with
the direction of a police officer or official traffic control device
or signal.
"Street" is a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of
vehicular travel. Street includes highway.
A "street" or "highway" shall not include those portions of a
way or place in or upon which construction, alteration, or repair
work is being performed insofar as the equipment performing such work
and its operation are concerned. Where the work consists of a street
or highway project, the limits of the project as shown or described
in the plans or specifications of the awarding body shall be so
excluded with reference to the equipment actually engaged in
performing the work. The authority having jurisdiction over such way
or place may include any or all of the requirements set forth in
Divisions 11, 12, 13, 14 and 15 in any permit issued for work on such
way or place and the awarding body on any such street or highway
project may include such requirements in the specifications for such
project. It is the intention of the Legislature, in enacting this
section, that this section shall not be construed to relieve any
person from the duty of exercising due care.
"Highway", for the purposes of Division 3 (commencing with
Section 4000), Division 12 (commencing with Section 24000), Division
13 (commencing with Section 29000), Division 14.8 (commencing with
Section 34500), and Division 15 (commencing with Section 35000), does
not include a way or place under the jurisdiction of a federal
governmental agency, which lies on national forest or private lands,
is open to public use, and for which the cost of maintenance of such
way or place is borne or contributed to directly by any users
thereof.
"Supplemental restraint system" means an automatic passive
restraint system consisting of a bag that is designed to inflate upon
collision, commonly referred to as an "airbag."
"Terminal" is a place where a vehicle of a type listed in
Section 34500 is regularly garaged or maintained, or from which the
vehicle is operated or dispatched.
A "through highway" is a highway or portion thereof at the
entrance to which vehicular traffic from intersecting highways is
regulated by stop signs or traffic control signals or is controlled
when entering on a separated right-turn roadway by a
yield-right-of-way sign.
"Tire traction devices" are devices or mechanisms having a
composition and design capable of improving vehicle traction,
braking, and cornering ability upon snow or ice-covered surfaces.
Tire traction devices shall be constructed and assembled to provide
sufficient structural integrity and to prevent accidental detachment
from vehicles. Tire traction devices shall, at the time of
manufacture or final assembly, bear a permanent impression indicating
the name, initials, or trademark of the assembling company or
primary manufacturer, and the country in which the devices were
manufactured or assembled in final form.
"Tire tread" is that portion of the tire, consisting of the
ribs and grooves, which comes in contact with the roadway.
A "toll highway" or "toll road" is a publicly owned way or
place open to the use of the public for purposes of vehicular travel
which use requires the payment of a fee.
"Tour bus" means a bus, which is operated by or for a
charter-party carrier of passengers, as defined in Section 5360 of
the Public Utilities Code, or a passenger stage corporation, as
defined in Section 226 of the Public Utilities Code.
(a) A "tow truck" is a motor vehicle which has been altered or
designed and equipped for, and primarily used in the business of,
transporting vehicles by means of a crane, hoist, tow bar, tow line,
or dolly or is otherwise primarily used to render assistance to other
vehicles. A "roll-back carrier" designed to carry up to two vehicles
is also a tow truck. A trailer for hire that is being used to
transport a vehicle is a tow truck. "Tow truck" does not include an
automobile dismantlers' tow vehicle or a repossessor's tow vehicle.
(b) "Repossessor's tow vehicle" means a tow vehicle which is registered to a repossessor licensed or registered pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code that is used exclusively in the course of the repossession business.
(c) "Automobile dismantlers' tow vehicle" means a tow vehicle which is registered by an automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 and which is used exclusively to tow vehicles owned by that automobile dismantler in the course of the automobile dismantling business.
(b) "Repossessor's tow vehicle" means a tow vehicle which is registered to a repossessor licensed or registered pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code that is used exclusively in the course of the repossession business.
(c) "Automobile dismantlers' tow vehicle" means a tow vehicle which is registered by an automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 and which is used exclusively to tow vehicles owned by that automobile dismantler in the course of the automobile dismantling business.
A "tow dolly" is a vehicle towed by a motor vehicle and
designed and used exclusively to transport another motor vehicle and
upon which the front or rear wheels of the towed motor vehicle are
mounted, while the other wheels of the towed motor vehicle remain in
contact with the ground. "Tow dolly" does not include a portable or
collapsible dolly used as specified in Section 4014.
The term "traffic" includes pedestrians, ridden animals,
vehicles, street cars, and other conveyances, either singly or
together, while using any highway for purposes of travel.
A "traffic officer" is any member of the California Highway
Patrol, or any peace officer who is on duty for the exclusive or main
purpose of enforcing Division 10 (commencing with Section 20000) or
11 (commencing with Section 21000).
A "traffic violator school" is a business that, for
compensation, provides, or offers to provide, instruction in traffic
safety, including, but not limited to, classroom traffic violator
curricula, for persons referred by a court pursuant to Section 42005
or to other persons who elect to attend.
A "traffic violator school branch or classroom location" is
any place where a traffic violator school conducts instruction or
maintains records.
A "traffic violator school instructor" is any person who
provides instruction to traffic violators on behalf of a traffic
violator school.
A "traffic violator school operator" is the person who
directs and manages the operations of a traffic violator school.
A "traffic violator school operator" may be either the traffic
violator school owner or another person designated by the traffic
violator school owner to personally direct and manage the traffic
violator school for the traffic violator school owner.
A "traffic violator school owner" is any natural person,
association, or corporation that owns a traffic violator school.
(a) "Engineering and traffic survey," as used in this code,
means a survey of highway and traffic conditions in accordance with
methods determined by the Department of Transportation for use by
state and local authorities.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver.
(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Pedestrian and bicyclist safety.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver.
(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
(B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Pedestrian and bicyclist safety.
A "trailer" is a vehicle designed for carrying persons or
property on its own structure and for being drawn by a motor vehicle
and so constructed that no part of its weight rests upon any other
vehicle. As used in Division 15 (commencing with Section 35000),
"trailer" includes a semitrailer when used in conjunction with an
auxiliary dolly, if the auxiliary dolly is of a type constructed to
replace the function of the drawbar and the front axle or axles of a
trailer.
A "trailer coach" is a vehicle, other than a motor vehicle,
designed for human habitation or human occupancy for industrial,
professional, or commercial purposes, for carrying property on its
own structure, and for being drawn by a motor vehicle. A "park
trailer," as described in Section 18009.3 of the Health and Safety
Code, is a trailer coach.
A "trailer bus" is a trailer or semitrailer designed, used, or
maintained for the transportation of more than 15 persons, including
the driver, and includes a connected towing motor vehicle that is a
motor truck, truck tractor, or bus.
A "transferee" is a person who has acquired the sole ownership
of or an equity in a vehicle of a type required to be registered
under this code.
A "transit bus" is any bus owned or operated by a publicly
owned or operated transit system, or operated under contract with a
publicly owned or operated transit system, and used to provide to the
general public, regularly scheduled transportation for which a fare
is charged. A general public paratransit vehicle is not a transit
bus.
(a) A "transporter" is a person engaged in the business of
moving any owned or lawfully possessed vehicle by lawful methods over
the highways for the purpose of delivery of such vehicles to
dealers, sales agents of a manufacturer, purchasers, or to a new
location as requested by the owner.
(b) The term "transporter" does not include a person engaged in the business of operating a tow car.
(b) The term "transporter" does not include a person engaged in the business of operating a tow car.
A "trolley coach" is a vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated upon
rails.
(a) A "truck tractor" is a motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to
carry a load, other than a part of the weight of the vehicle and the
load so drawn. As used in this section, "load" does not include items
carried on the truck tractor in conjunction with the operation of
the vehicle if the load carrying space for these items does not
exceed 34 square feet.
(b) Notwithstanding subdivision (a), a truck tractor, operated by a motor carrier whose owner is licensed by the Department of the California Highway Patrol to transport explosives pursuant to Division 14 (commencing with Section 31600), may be equipped with a cargo container used exclusively for the transportation of explosives or munitions-related security material, as specified by the United States Department of Defense.
(b) Notwithstanding subdivision (a), a truck tractor, operated by a motor carrier whose owner is licensed by the Department of the California Highway Patrol to transport explosives pursuant to Division 14 (commencing with Section 31600), may be equipped with a cargo container used exclusively for the transportation of explosives or munitions-related security material, as specified by the United States Department of Defense.
A "truss" is an assemblage of beams, bars, or rods typically
arranged in a triangle or combination of triangles to form a rigid
framework and used as a structural support in buildings.
The "unladen weight" of a vehicle is the weight equipped and
ready for operation on the road including the body, fenders, oil in
motor, radiator full of water, with five gallons of gasoline or
equivalent weight of other motor fuel; also equipment required by
law, and unless exempted under Section 66l, any special cabinets,
boxes or body parts permanently attached to the vehicle, and any
machinery, equipment or attachment which is attendant to the
efficient operation of the body or vehicle. Unladen weight shall not
include any load or any machinery or mechanical apparatus, such as,
but not limited to, wood saws, well-drilling machines, spray
apparatus, tow truck cranes, and grinding equipment. The unladen
weight of a vehicle shall have no application in determining any fee
under this code or the Revenue and Taxation Code other than Section
9400.
Unladen weight shall not include the following machinery,
equipment or attachment which is attendant to the efficient operation
of the body or vehicle:
(a) Equipment used for loading, compacting, or unloading of refuse.
(b) Transitmix cement equipment.
(c) Temporary equipment used to contain or support the load which does not change the body classification.
(d) Any camper unit that is temporarily attached to a vehicle.
(e) Refrigeration equipment.
(a) Equipment used for loading, compacting, or unloading of refuse.
(b) Transitmix cement equipment.
(c) Temporary equipment used to contain or support the load which does not change the body classification.
(d) Any camper unit that is temporarily attached to a vehicle.
(e) Refrigeration equipment.
A "used vehicle" is a vehicle that has been sold, or has been
registered with the department, or has been sold and operated upon
the highways, or has been registered with the appropriate agency of
authority, of any other state, District of Columbia, territory or
possession of the United States or foreign state, province or
country, or unregistered vehicles regularly used or operated as
demonstrators in the sales work of a dealer or unregistered vehicles
regularly used or operated by a manufacturer in the sales or
distribution work of such manufacturer. The word "sold" does not
include or extend to: (1) any sale made by a manufacturer or a
distributor to a dealer, (2) any sale by a new motor vehicle dealer
franchised to sell a particular line-make to another new motor
vehicle dealer franchised to sell the same line-make, or (3) any sale
by a dealer to another dealer licensed under this code involving a
mobilehome, as defined in Section 396, a recreational vehicle, as
defined in Section 18010.5 of the Health and Safety Code, a
commercial coach, as defined in Section 18012 of the Health and
Safety Code, an off-highway motor vehicle subject to identification,
as defined in Section 38012, or a commercial vehicle, as defined in
Section 260.
A "U-turn" is the turning of a vehicle upon a highway so as
to proceed in the opposite direction whether accomplished by one
continuous movement or not.
(a) A "utility trailer" is a trailer or semitrailer used
solely for the transportation of the user's personal property, not in
commerce, which does not exceed a gross weight of 10,000 pounds or a
manufacturer's gross vehicle weight rating of 10,000 pounds.
(b) Notwithstanding subdivision (a), a "utility trailer" includes a trailer or semitrailer designed and used for the transportation of livestock, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds.
(b) Notwithstanding subdivision (a), a "utility trailer" includes a trailer or semitrailer designed and used for the transportation of livestock, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds.
A "vanpool vehicle" is any motor vehicle, other than a
motortruck or truck tractor, designed for carrying more than 10 but
not more than 15 persons including the driver, which is maintained
and used primarily for the nonprofit work-related transportation of
adults for the purposes of ridesharing.
A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.
A "vehicle frame" is defined as the main longitudinal
structural members of the chassis of the vehicle, or for vehicles
with unitized body construction, the lowest main longitudinal
structural members of the body of the vehicle, used as the major
support in the construction of the motor vehicle.
(a) A "vehicle identification number" is the motor number,
serial number, or other distinguishing number, letter, mark,
character, or datum, or any combination thereof, required or employed
by the manufacturer or the department for the purpose of uniquely
identifying a motor vehicle or motor vehicle part or for the purpose
of registration.
(b) Whenever a vehicle is constructed of component parts identified with one or more different vehicle identification numbers, the vehicle identification number stamped or affixed by the manufacturer or authorized governmental entity on the frame or unitized frame and body, as applicable, and as defined in Section 670.5, shall determine the identity of the vehicle for registration purposes.
(b) Whenever a vehicle is constructed of component parts identified with one or more different vehicle identification numbers, the vehicle identification number stamped or affixed by the manufacturer or authorized governmental entity on the frame or unitized frame and body, as applicable, and as defined in Section 670.5, shall determine the identity of the vehicle for registration purposes.
(a) "Vehicle manufacturer" is any person who produces from raw
materials or new basic components a vehicle of a type subject to
registration under this code, off-highway motorcycles or all-terrain
vehicles subject to identification under this code, or trailers
subject to identification pursuant to Section 5014.1, or who
permanently alters, for purposes of retail sales, new commercial
vehicles by converting the vehicles into house cars that display the
insignia of approval required by Section 18056 of the Health and
Safety Code and any regulations issued pursuant thereto by the
Department of Housing and Community Development. As used in this
section, "permanently alters" does not include the permanent
attachment of a camper to a vehicle.
(b) A vehicle manufacturer that produces a vehicle of a type subject to registration that consists of used or reconditioned parts, for the purposes of the code, is a remanufacturer, as defined in Section 507.8.
(c) Unless a vehicle manufacturer either grants franchises to franchisees in this state, or issues vehicle warranties directly to franchisees in this state or consumers in this state, the manufacturer shall have an established place of business or a representative in this state.
(d) The scope and application of this section are limited to Division 2 (commencing with Section 1500) and Division 5 (commencing with Section 11100).
(b) A vehicle manufacturer that produces a vehicle of a type subject to registration that consists of used or reconditioned parts, for the purposes of the code, is a remanufacturer, as defined in Section 507.8.
(c) Unless a vehicle manufacturer either grants franchises to franchisees in this state, or issues vehicle warranties directly to franchisees in this state or consumers in this state, the manufacturer shall have an established place of business or a representative in this state.
(d) The scope and application of this section are limited to Division 2 (commencing with Section 1500) and Division 5 (commencing with Section 11100).
(a) "Vehicle salesperson" is a person not otherwise expressly
excluded by this section, who does one or a combination of the
following:
(1) Is employed as a salesperson by a dealer, as defined in Section 285, or who, under any form of contract, agreement, or arrangement with a dealer, for commission, money, profit, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates, or attempts to negotiate, a sale, or exchange of an interest in a vehicle required to be registered under this code.
(2) Induces or attempts to induce any person to buy or exchange an interest in a vehicle required to be registered, and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(3) Exercises managerial control over the business of a licensed vehicle dealer or who supervises vehicle salespersons employed by a licensed dealer, whether compensated by salary or commission, including, but not limited to, any person who is employed by the dealer as a general manager, assistant general manager, or sales manager, or any employee of a licensed vehicle dealer who negotiates with or induces a customer to enter into a security agreement or purchase agreement or purchase order for the sale of a vehicle on behalf of the licensed vehicle dealer.
(b) The term "vehicle salesperson" does not include any of the following:
(1) Representatives of insurance companies, finance companies, or public officials, who in the regular course of business, are required to dispose of or sell vehicles under a contractual right or obligation of the employer, or in the performance of an official duty, or under the authority of any court of law, if the sale is for the purpose of saving the seller from any loss or pursuant to the authority of a court of competent jurisdiction.
(2) Persons who are licensed as a manufacturer, remanufacturer, transporter, distributor, or representative.
(3) Persons exclusively employed in a bona fide business of exporting vehicles, or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States.
(4) Persons not engaged in the purchase or sale of vehicles as a business, disposing of vehicles acquired for their own use, or for use in their business when the vehicles have been so acquired and used in good faith, and not for the purpose of avoiding the provisions of this code.
(5) Persons regularly employed as salespersons by persons who are engaged in a business involving the purchase, sale, or exchange of boat trailers.
(6) Persons regularly employed as salespersons by persons who are engaged in a business activity which does not involve the purchase, sale, or exchange of vehicles, except incidentally in connection with the purchase, sale, or exchange of vehicles of a type not subject to registration under this code, boat trailers, or midget autos or racers advertised as being built exclusively for use by children.
(7) Persons licensed as a vehicle dealer under this code doing business as a sole ownership or member of a partnership or a stockholder and director of a corporation or a member and manager of a limited liability company licensed as a vehicle dealer under this code. However, those persons shall engage in the activities of a salesperson, as defined in this section, exclusively on behalf of the sole ownership or partnership or corporation or limited liability company in which they own an interest or stock, and those persons owning stock shall be directors of the corporation; otherwise, they are vehicle salespersons and subject to Article 2 (commencing with Section 11800) of Chapter 4 of Division 5.
(8) Persons regularly employed as salespersons by a vehicle dealer authorized to do business in California under Section 11700.1 of the Vehicle Code.
(1) Is employed as a salesperson by a dealer, as defined in Section 285, or who, under any form of contract, agreement, or arrangement with a dealer, for commission, money, profit, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates, or attempts to negotiate, a sale, or exchange of an interest in a vehicle required to be registered under this code.
(2) Induces or attempts to induce any person to buy or exchange an interest in a vehicle required to be registered, and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(3) Exercises managerial control over the business of a licensed vehicle dealer or who supervises vehicle salespersons employed by a licensed dealer, whether compensated by salary or commission, including, but not limited to, any person who is employed by the dealer as a general manager, assistant general manager, or sales manager, or any employee of a licensed vehicle dealer who negotiates with or induces a customer to enter into a security agreement or purchase agreement or purchase order for the sale of a vehicle on behalf of the licensed vehicle dealer.
(b) The term "vehicle salesperson" does not include any of the following:
(1) Representatives of insurance companies, finance companies, or public officials, who in the regular course of business, are required to dispose of or sell vehicles under a contractual right or obligation of the employer, or in the performance of an official duty, or under the authority of any court of law, if the sale is for the purpose of saving the seller from any loss or pursuant to the authority of a court of competent jurisdiction.
(2) Persons who are licensed as a manufacturer, remanufacturer, transporter, distributor, or representative.
(3) Persons exclusively employed in a bona fide business of exporting vehicles, or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States.
(4) Persons not engaged in the purchase or sale of vehicles as a business, disposing of vehicles acquired for their own use, or for use in their business when the vehicles have been so acquired and used in good faith, and not for the purpose of avoiding the provisions of this code.
(5) Persons regularly employed as salespersons by persons who are engaged in a business involving the purchase, sale, or exchange of boat trailers.
(6) Persons regularly employed as salespersons by persons who are engaged in a business activity which does not involve the purchase, sale, or exchange of vehicles, except incidentally in connection with the purchase, sale, or exchange of vehicles of a type not subject to registration under this code, boat trailers, or midget autos or racers advertised as being built exclusively for use by children.
(7) Persons licensed as a vehicle dealer under this code doing business as a sole ownership or member of a partnership or a stockholder and director of a corporation or a member and manager of a limited liability company licensed as a vehicle dealer under this code. However, those persons shall engage in the activities of a salesperson, as defined in this section, exclusively on behalf of the sole ownership or partnership or corporation or limited liability company in which they own an interest or stock, and those persons owning stock shall be directors of the corporation; otherwise, they are vehicle salespersons and subject to Article 2 (commencing with Section 11800) of Chapter 4 of Division 5.
(8) Persons regularly employed as salespersons by a vehicle dealer authorized to do business in California under Section 11700.1 of the Vehicle Code.
A "vehicle verifier" is a person not expressly excluded by
Section 675.6 who inspects, records, documents, and submits to the
department, or its authorized representative, such proof of vehicle
identification as may be required by the department for the purpose
of registering or transferring the ownership of vehicles.
(a) "Vehicle verifier" does not include any of the
following:
(1) A peace officer.
(2) An authorized employee of the department.
(3) A special agent of the National Auto Theft Bureau.
(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.
(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.
(1) A peace officer.
(2) An authorized employee of the department.
(3) A special agent of the National Auto Theft Bureau.
(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.
(b) Any person specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.
"Year-round registration" is a system whereby the director
designates a date for the expiration of registration of a vehicle and
renewal thereof in order to equalize the volume of such renewals
throughout the year.
A "water tender vehicle" is a vehicle designed to carry not
less than 1,500 gallons of water and used primarily for transporting
and delivering water to be applied by other vehicles or pumping
equipment at fire emergency scenes.
(a) A "youth bus" is any bus, other than a schoolbus, designed
for and when actually carrying not more than 16 persons and the
driver, used to transport children at or below the 12th-grade level
directly from a public or private school to an organized
nonschool-related youth activity within 25 miles of the school or
directly from a location which provides the organized
nonschool-related youth activity to a public or private school within
25 miles of that location.
(b) In addition to the destinations specified in subdivision (a), a youth bus may also be used to transport children at or below the 12th-grade level to or from their place of residence if the driver has met the requirements of Section 12523 and received additional instruction and training approved by the Department of the California Highway Patrol.
(b) In addition to the destinations specified in subdivision (a), a youth bus may also be used to transport children at or below the 12th-grade level to or from their place of residence if the driver has met the requirements of Section 12523 and received additional instruction and training approved by the Department of the California Highway Patrol.
