Chapter 9. Stopping, Standing, And Parking of California Vehicle Code >> Division 11. >> Chapter 9.
No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:
(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier
or a taxicab may stop in an unmarked crosswalk to load or unload
passengers when authorized by the legislative body of any city
pursuant to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated by
a sign or red paint on the curb, which sign or paint was erected or
placed by local authorities pursuant to an ordinance.
(d) Within 15 feet of the driveway entrance to any fire station.
This subdivision does not apply to any vehicle owned or operated by a
fire department and clearly marked as a fire department vehicle.
(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.
(f) On any portion of a sidewalk, or with the body of the vehicle
extending over any portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a
vehicle under this code may extend from the body of the vehicle over
the sidewalk to a distance of not more than 10 inches.
(g) Alongside or opposite any street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.
(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space
authorized for the loading and unloading of passengers of a bus
engaged as a common carrier in local transportation when indicated by
a sign or red paint on the curb erected or painted by local
authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.
(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to an
order, within their respective jurisdictions, may permit parking on
bridges having sidewalks and shoulders of sufficient width to permit
parking without interfering with the normal movement of traffic on
the roadway. Local authorities, by ordinance or resolution, may
permit parking on these bridges on state highways in their respective
jurisdictions if the ordinance or resolution is first approved in
writing by the Department of Transportation. Parking shall not be
permitted unless there are signs in place, as may be necessary, to
indicate the provisions of local ordinances or the order of the
Department of Transportation.
(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility to
the sidewalk.
In addition to Section 22500, no person shall stop, park,
or leave standing any vehicle, whether attended or unattended, except
when necessary to avoid conflict with other traffic or in compliance
with the directions of a peace officer or official traffic control
device along the edge of any highway, at any curb, or in any location
in a publicly or privately owned or operated off-street parking
facility, designated as a fire lane by the fire department or fire
district with jurisdiction over the area in which the place is
located.
The designation shall be indicated (1) by a sign posted
immediately adjacent to, and visible from, the designated place
clearly stating in letters not less than one inch in height that the
place is a fire lane, (2) by outlining or painting the place in red
and, in contrasting color, marking the place with the words "FIRE
LANE", which are clearly visible from a vehicle, or (3) by a red curb
or red paint on the edge of the roadway upon which is clearly marked
the words "FIRE LANE".
Upon agreement between a transit system operating buses
engaged as common carriers in local transportation and a public
school district or private school, local authorities may, by
ordinance, permit schoolbuses owned by, or operated under contract
for, that public school district or private school to stop for the
loading or unloading of passengers alongside any or all curb spaces
designated for the loading or unloading of passengers of the transit
system buses.
No ordinance enacted by local authorities pursuant to
subdivisions (e) and (k) of Section 22500 or Section 22507.2 shall
become effective as to any state highway without prior submission to
and approval by the Department of Transportation in the same manner
as required by Section 21104. Nothing contained in this section and
Section 22500 shall be construed as authorizing local authorities to
enact legislation which is contrary to the provisions of Sections
22512 and 25301.
(a) Except as otherwise provided in this chapter, a vehicle
stopped or parked upon a roadway where there are adjacent curbs shall
be stopped or parked with the right-hand wheels of the vehicle
parallel with and within 18 inches of the right-hand curb, except
that a motorcycle shall be parked with at least one wheel or fender
touching the right-hand curb. Where no curbs or barriers bound a
two-way roadway, right-hand parallel parking is required unless
otherwise indicated.
(b) (1) The provisions of subdivision (a) or (e) do not apply to a
commercial vehicle if a variation from the requirements of
subdivision (a) or (e) is reasonably necessary to accomplish the
loading or unloading of merchandise or passengers on, or from, a
vehicle and while anything connected with the loading, or unloading,
is being executed.
(2) This subdivision does not permit a vehicle to stop or park
upon a roadway in a direction opposite to that in which traffic
normally moves upon that half of the roadway on which the vehicle is
stopped or parked.
(c) Notwithstanding subdivision (b), a local authority may, by
ordinance, prohibit a commercial vehicle from stopping, parking, or
standing on one side of a roadway in a business district with the
wheels of the vehicle more than 18 inches from the curb. The
ordinance shall be effective only if signs are placed in the areas to
which it is applicable clearly indicating the prohibition.
(d) This section does not apply to vehicles of a public utility
when the vehicles are being used in connection with the operation,
maintenance, or repair of facilities of the public utility or are
being used in connection with providing public utility service.
(e) (1) Upon a one-way roadway, a vehicle may be stopped or parked
as provided in subdivision (a) or with the left-hand wheels parallel
to and within 18 inches of the left-hand curb, except that a
motorcycle, if parked on the left-hand side, shall have either one
wheel or one fender touching the curb. Where no curb or barriers
bound a one-way roadway, parallel parking on either side is required
unless otherwise indicated.
(2) This subdivision does not apply upon a roadway of a divided
highway.
(f) (1) The City of Long Beach may, by ordinance or resolution,
implement a pilot program to authorize vehicles to park on the
left-hand side of the roadway parallel to and within 18 inches of the
left-hand curb on two-way local residential streets that dead-end
with no cul-de-sac or other designated area in which to turn around,
if the City of Long Beach has first made a finding, supported by a
professional engineering study, that the ordinance or resolution is
justified by the need to facilitate the safe and orderly movement of
vehicles on the roadways affected by the resolution or ordinance. The
area covered by the ordinance or resolution shall be limited to the
streets perpendicular to Ocean Boulevard beginning at Balboa Place
and ending at 72nd Place, but shall not cover 62nd Place. The
ordinance or resolution permitting that parking shall not apply until
signs or markings giving adequate notice have been placed near the
designated roadways. The city shall submit to the Legislature, two
years from the date of the enactment of the ordinance or resolution
that establishes the pilot program, a report that outlines the
advantages and disadvantages of the pilot program. The report
submitted pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
(2) The pilot program authorized under this subdivision shall
terminate, and this subdivision shall become inoperative, three years
from the date of enactment of the ordinance or resolution that
establishes the pilot program.
Local authorities may by ordinance permit angle parking on
any roadway, or left-hand parking upon one-way roadways of divided
highways, except that no ordinance is effective with respect to any
state highway until the proposed ordinance has been submitted to and
approved in writing by the Department of Transportation.
Notwithstanding any other provision of this code, any
local authority may, by ordinance or resolution, establish special
parking regulations for two-wheeled or three-wheeled motor vehicles.
(a) Upon any highway in unincorporated areas, a person shall
not stop, park, or leave standing any vehicle, whether attended or
unattended, upon the roadway when it is practicable to stop, park, or
leave the vehicle off such portion of the highway, but in every
event an unobstructed width of the highway opposite a standing
vehicle shall be left for the free passage of other vehicles and a
clear view of the stopped vehicle shall be available from a distance
of 200 feet in each direction upon the highway. This section shall
not apply upon a highway where the roadway is bounded by adjacent
curbs.
(b) This section does not apply to the driver of any vehicle which
is disabled in such a manner and to such extent that it is
impossible to avoid stopping and temporarily leaving the disabled
vehicle on the roadway.
(c) (1) A schoolbus stop shall not be designated where there is
not a clear view of a proposed or existing schoolbus stop from a
distance of 200 feet in each direction along a highway, or upon the
main traveled portion of a highway where there is not a clear view of
the stop from 500 feet in each direction along the highway and the
speed limit is more than 25 miles per hour, unless approved by the
Department of the California Highway Patrol upon the request of the
school district superintendent or the head or principal of a private
school. If the schoolbus stop is approved by the Department of the
California Highway Patrol, the Department of Transportation, in
respect to state highways, and local authorities, in respect to
highways under their jurisdiction, shall place sufficient signs along
the highway to give adequate notice to motorists that they are
approaching such bus stops.
(2) A school bus stop shall not be designated on any divided or
multiple-lane highway where pupils must cross the highway to board or
after exiting the bus, unless traffic is controlled by a traffic
officer or official traffic control signal. For purposes of this
section, a multiple-lane highway is defined as any highway having two
or more lanes of travel in each direction.
(a) The Department of Transportation with respect to
highways under its jurisdiction may place signs or markings
prohibiting or restricting the stopping, standing, or parking of
vehicles, including, but not limited to, vehicles which are six feet
or more in height (including any load thereon), in any of the
following areas and under the following conditions:
(1) In areas where, in its opinion, stopping, standing, or parking
is dangerous to those using the highway or where the stopping,
standing, or parking of vehicles would unduly interfere with the free
movement of traffic thereon.
(2) In areas within one-half mile of the boundary of any unit of
the state park system which the Director of Conservation has
determined are unusually high fire hazard areas, upon notification of
the Department of Transportation of such determination by the
Director of Conservation.
(3) In areas within one-half mile of the boundary of any unit of
the state park system which the county health officer has determined
are areas where a substantial public health hazard would result if
camping were allowed, upon notification of the Department of
Transportation of such determination by the county health officer.
(b) No person shall stop, park, or leave standing any vehicle in
violation of the restrictions stated on the signs or markings.
(c) This section does not apply to any of the following:
(1) Public utility vehicles while performing a work operation.
(2) The driver of any vehicle which is disabled in such a manner
and to such an extent that it is impossible to avoid stopping,
parking, or leaving the disabled vehicle standing on the roadway.
Local authorities may by ordinance or resolution prohibit or
restrict the stopping, standing, or parking of vehicles on a state
highway, in their respective jurisdictions, if the ordinance or
resolution is first submitted to and approved in writing by the
Department of Transportation, except that where maintenance of any
state highway is delegated by the Department of Transportation to a
city, the department may also delegate to the city the powers
conferred on the department.
(a) Local authorities may, by ordinance or resolution,
prohibit or restrict the stopping, parking, or standing of vehicles,
including, but not limited to, vehicles that are six feet or more in
height (including any load thereon) within 100 feet of any
intersection, on certain streets or highways, or portions thereof,
during all or certain hours of the day. The ordinance or resolution
may include a designation of certain streets upon which preferential
parking privileges are given to residents and merchants adjacent to
the streets for their use and the use of their guests, under which
the residents and merchants may be issued a permit or permits that
exempt them from the prohibition or restriction of the ordinance or
resolution. With the exception of alleys, the ordinance or resolution
shall not apply until signs or markings giving adequate notice
thereof have been placed. A local ordinance or resolution adopted
pursuant to this section may contain provisions that are reasonable
and necessary to ensure the effectiveness of a preferential parking
program.
(b) An ordinance or resolution adopted under this section may also
authorize preferential parking permits for members of organizations,
professions, or other designated groups, including, but not limited
to, school personnel, to park on specified streets if the local
authority determines that the use of the permits will not adversely
affect parking conditions for residents and merchants in the area.
(a) A local authority may, by ordinance or resolution,
designate certain streets or portions of streets for the exclusive or
nonexclusive parking privilege of motor vehicles participating in a
car share vehicle program or ridesharing program. The ordinance or
resolution shall establish the criteria for a public or private
company or organization to participate in the program, and may limit
the types of motor vehicles that may be included in the program.
Under the car share vehicle program a car share vehicle or
ridesharing vehicle shall be assigned a permit, if necessary, by the
local authority that allows that vehicle to park in the exclusive or
nonexclusive designated parking areas.
(b) If exclusive parking privilege is authorized, the ordinance or
resolution described in subdivision (a) does not apply until signs
or markings giving adequate notice thereof have been placed.
(c) A local ordinance or resolution adopted pursuant to
subdivision (a) may contain provisions that are reasonable and
necessary to ensure the effectiveness of a car share vehicle program
or ridesharing program.
(d) For purposes of this section, a "car share vehicle" is a motor
vehicle that is operated as part of a regional fleet by a public or
private car sharing company or organization and provides hourly or
daily service.
Notwithstanding subdivision (e) of Section 22500, a local
authority may, by ordinance, authorize the owner or lessee of
property to park a vehicle in front of the owner's or lessee's
private driveway when the vehicle displays a permit issued pursuant
to the ordinance authorizing such parking.
The local authority may charge a nonrefundable fee to defray the
costs of issuing and administering the permits.
A local ordinance adopted pursuant to this section may not
authorize parking on a sidewalk in violation of subdivision (f) of
Section 22500.
(a) Notwithstanding Section 22507, local authorities may,
by ordinance or resolution, prohibit or restrict the parking or
standing of vehicles on certain streets or highways, or portions
thereof, between the hours of 2 a.m. and 6 a.m., and may, by
ordinance or resolution, prohibit or restrict the parking or
standing, on any street, or portion thereof, in a residential
district, of commercial vehicles having a manufacturer's gross
vehicle weight rating of 10,000 pounds or more. The ordinance or
resolution relating to parking between the hours of 2 a.m. and 6 a.m.
may provide for a system of permits for the purpose of exempting
from the prohibition or restriction of the ordinance or resolution,
disabled persons, residents, and guests of residents of residential
areas, including, but not limited to, high-density and
multiple-family dwelling areas, lacking adequate offstreet parking
facilities. The ordinance or resolution relating to the parking or
standing of commercial vehicles in a residential district, however,
shall not be effective with respect to any commercial vehicle, or
trailer component thereof, making pickups or deliveries of goods,
wares, and merchandise from or to any building or structure located
on the restricted streets or highways or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling, or construction of any building or structure
upon the restricted streets or highways for which a building permit
has previously been obtained.
(b) Subdivision (a) of this section is applicable to vehicles
specified in subdivision (a) of Section 31303, except that an
ordinance or resolution adopted pursuant to subdivision (a) of this
section shall not permit the parking of those vehicles which is
otherwise prohibited under this code.
(c) For the purpose of implementing this section, each local
authority may, by ordinance, define the term "residential district"
in accordance with its zoning ordinance. The ordinance is not
effective unless the legislative body of the local authority holds a
public hearing on the proposed ordinance prior to its adoption, with
notice of the public hearing given in accordance with Section 65090
of the Government Code.
Local authorities may, by ordinance or resolution,
prohibit or restrict the parking or standing of vehicles on
designated streets or highways, or portions thereof, for the purpose
of street sweeping. No ordinance or resolution relating to the
parking or standing of commercial vehicles in a residential district
shall be effective with respect to any commercial vehicle making
pickups or deliveries of goods, wares, or merchandise from or to any
building or structure located on the restricted street or highway, or
for the purpose of delivering materials to be used in the repair,
alteration, remodeling, or reconstruction of any building or
structure for which a building permit has previously been obtained.
No such ordinance or resolution shall be effective until the street
or highway, or portion thereof, has been sign-posted in accordance
with the uniform standards and specifications of the Department of
Transportation, or local authorities have caused to be posted in a
conspicuous place at each entrance to the street a notice not less
than 17 inches by 22 inches in size, with lettering not less than one
inch in height, setting forth the day or days and hours parking is
prohibited. As used in this section, "entrance" means the
intersection of any street or streets comprising an area of
restricted parking for street-sweeping purposes on the same day or
days and hours with another street or highway not subject to such a
parking restriction, or subject to parking restrictions on different
days and hours.
(a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.
Local authorities may establish a special enforcement unit
for the sole purpose of providing adequate enforcement of Section
22507.8 and local ordinances and resolutions adopted pursuant to
Section 22511.7.
Local authorities may establish recruitment and employment
guidelines that encourage and enable employment of qualified disabled
persons in these special enforcement units.
Members of the special enforcement unit may issue notices of
parking violation for violations of Section 22507.8 and local
ordinances adopted pursuant to Section 22511.7. Members of the
special enforcement unit shall not be peace officers and shall not
make arrests in the course of their official duties, but shall wear
distinctive uniforms and badges while on duty. A two-way radio unit,
which may utilize police frequencies or citizens' band, may be issued
by the local authority to each member of the special enforcement
unit for use while on duty.
The local authority may pay the cost of uniforms and badges for
the special enforcement unit, and may provide daily cleaning of the
uniforms. Additionally, the local authority may provide motorized
wheelchairs for use by members of the special unit while on duty,
including batteries and necessary recharging thereof. Any motorized
wheelchair used by a member of the special enforcement unit while on
duty shall be equipped with a single headlamp in the front and a
single stoplamp in the rear.
Members of the special enforcement unit may be paid an hourly wage
without the compensatory benefits provided other permanent and
temporary employees, but shall be entitled to applicable workers'
compensation benefits as provided by law. Insurance provided by the
local authority for disability or liability of a member of the
special enforcement unit shall be the same as for other employees
performing similar duties.
Nothing in this section precludes a local authority from using
regular full-time employees to enforce this chapter and ordinances
adopted pursuant thereto.
This section applies to all counties and cities, including every
charter city and city and county.
(a) A local authority shall not establish parking meter
zones or fix the rate of fees for those zones except by ordinance.
The rate of fees may be variable, based upon criteria identified by
the local authority in the ordinance. An ordinance establishing a
parking meter zone shall describe the area that would be included
within the zone.
(b) A local authority may by ordinance cause streets and highways
to be marked with white lines designating parking spaces and require
vehicles to park within the parking spaces.
(c) An ordinance adopted by a local authority pursuant to this
section with respect to any state highway shall not become effective
until the proposed ordinance has been submitted to and approved in
writing by the Department of Transportation. The proposed ordinance
shall be submitted to the department only by action of the local
legislative body and the proposed ordinance shall be submitted in
complete draft form.
(d) An ordinance adopted pursuant to this section establishing a
parking meter zone or fixing rates of fees for that zone shall be
subject to local referendum processes in the same manner as if the
ordinance dealt with a matter of purely local concern.
(e) A local authority may accept but shall not require payment of
parking meter fees by a mobile device.
(a) A vehicle may park, for up to the posted time limit,
in any parking space that is regulated by an inoperable parking meter
or an inoperable parking payment center.
(b) A local authority shall not, by ordinance or resolution,
prohibit or restrict the parking of vehicles in a space that is
regulated by an inoperable parking meter or inoperable parking
payment center.
(c) For purposes of this section:
(1) "Inoperable parking meter" means a meter located next to and
designated for an individual parking space, which has become
inoperable and cannot accept payment in any form or cannot register
that a payment in any form has been made.
(2) "Inoperable parking payment center" means an electronic
parking meter or pay station serving one or more parking spaces that
is closest to the space where a person has parked and that cannot
accept payment in any form, cannot register that a payment in any
form has been made, or cannot issue a receipt that is required to be
displayed in a conspicuous location on or in the vehicle.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
(a) Except as provided in subdivision (b), a vehicle may
park, for up to the posted time limit, in any parking space that is
regulated by an inoperable parking meter or an inoperable parking
payment center.
(b) A local authority may, by ordinance or resolution, prohibit or
restrict the parking of vehicles in a parking space regulated by an
inoperable parking meter or inoperable parking payment center. An
ordinance or resolution adopted by a local authority pursuant to this
section shall not become effective until signs or markings giving
adequate notice of the restriction or prohibition on parking have
been placed at parking locations, parking meters, or parking payment
centers.
(c) For purposes of this section:
(1) "Inoperable parking meter" means a meter located next to and
designated for an individual parking space, which has become
inoperable and cannot accept payment in any form or cannot register
that a payment in any form has been made.
(2) "Inoperable parking payment center" means an electronic
parking meter or pay station serving one or more parking spaces that
is closest to the space where a person has parked and that cannot
accept payment in any form, cannot register that a payment in any
form has been made, or cannot issue a receipt that is required to be
displayed in a conspicuous location on or in the vehicle.
(d) This section shall become inoperative on January 1, 2014, and
shall remain inoperative until January 1, 2017.
Local authorities within the reasonable exercise of their
police powers may adopt rules and regulations by ordinance or
resolution providing that no person driving, or in control of, or in
charge of, a motor vehicle shall permit it to stand on any highway
unattended when upon any grade exceeding 3 percent within any
business or residence district without blocking the wheels of the
vehicle by turning them against the curb or by other means.
(a) Local authorities may, by ordinance or resolution,
prohibit or restrict the parking or standing of vehicles on
designated streets or highways within their jurisdiction, or portions
thereof, for the purpose of snow removal. The ordinance or
resolution shall not be effective until the street or highway, or
portion thereof, has been sign-posted in accordance with the uniform
standards and specifications of the Department of Transportation, or
until the local authorities have caused to be posted in a conspicuous
place at each entrance to the street or highway, a notice not less
than 17 inches by 22 inches in size, with lettering not less than one
inch in height, setting forth the days parking is prohibited. The
signs shall, at a minimum, be placed on each affected street or
highway, at the boundary of the local authority, and at the beginning
and end of each highway or highway segment included in that area. No
person shall stop, park, or leave standing any vehicle, whether
attended or unattended, within the area marked by signs, except when
necessary to avoid conflict with other traffic or in compliance with
the directions of a traffic or peace officer.
(b) No ordinance or resolution authorized by subdivision (a) which
affects a state highway shall be effective until it is submitted to,
and approved by, the Department of Transportation.
(c) The Department of Transportation, with respect to state
highways, may restrict the parking or standing of vehicles for
purposes of snow removal. The restrictions shall not be effective
until the highway, or portion thereof, has been posted with signs in
accordance with the uniform standards and specifications of the
department. No person shall stop, park, or leave standing any
vehicle, whether attended or unattended, within the area marked by
parking restriction signs, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a traffic
or peace officer.
(a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by that local authority or person for the exclusive purpose
of charging and parking a vehicle that is connected for electric
charging purposes.
(b) If posted in accordance with subdivision (d) or (e), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage if the vehicle is not connected for electric charging
purposes.
(c) If posted in accordance with subdivision (d), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest garage, as defined in Section
340, that is owned, leased, or approved for use by a public agency if
the vehicle is not connected for electric charging purposes.
(d) The posting required for an offstreet parking facility owned
or operated either privately or by a local authority shall consist of
a sign not less than 17 by 22 inches in size with lettering not less
than one inch in height that clearly and conspicuously states the
following: "Unauthorized vehicles not connected for electric charging
purposes will be towed away at owner's expense. Towed vehicles may
be reclaimed at
_______________________________ or by telephoning
(Address)
_______________________________________________."
(Telephone number of local law enforcement
agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(e) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (b) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(f) This section does not interfere with existing law governing
the ability of local authorities to adopt ordinances related to
parking programs within their jurisdiction, such as programs that
provide free parking in metered areas or municipal garages for
electric vehicles.
(a) A person shall not park or leave standing a vehicle in
a stall or space designated pursuant to Section 22511 unless the
vehicle is connected for electric charging purposes.
(b) A person shall not obstruct, block, or otherwise bar access to
parking stalls or spaces described in subdivision (a) except as
provided in subdivision (a).
(a) A veteran displaying special license plates issued
under Section 5101.3, 5101.4, 5101.5, 5101.6, or 5101.8 may park his
or her motor vehicle, weighing not more than 6,000 pounds gross
weight, without charge, in a metered parking space.
(b) Nothing in this section restricts the rights of a person
displaying either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(c) (1) This section does not exempt a vehicle displaying special
license plates issued under Section 5101.3, 5101.4, 5101.5, 5101.6,
or 5101.8 from compliance with any other state law or ordinance,
including, but not limited to, vehicle height restrictions, zones
that prohibit stopping, parking, or standing of all vehicles, parking
time limitations, street sweeping, restrictions of the parking space
to a particular type of vehicle, or the parking of a vehicle that is
involved in the operation of a street vending business.
(2) This section does not authorize a vehicle displaying special
license plates issued under Section 5101.3, 5101.4, 5101.5, 5101.6,
or 5101.8 to park in a state parking facility that is designated only
for state employees.
(3) This section does not authorize a vehicle displaying special
license plates issued under Section 5101.3, 5101.4, 5101.5, 5101.6,
or 5101.8 to park during time periods other than the normal business
hours of, or the maximum time allotted by, a state or local authority
parking facility.
(4) This section does not require the state or a local authority
to designate specific parking spaces for vehicles displaying special
license plates issued under Section 5101.3, 5101.4, 5101.5, 5101.6,
or 5101.8.
(d) A local authority's compliance with subdivision (a) is solely
contingent upon the approval of its governing body.
(a) (1) A disabled person or disabled veteran displaying
special license plates issued under Section 5007 or a distinguishing
placard issued under Section 22511.55 or 22511.59 is allowed to park
for unlimited periods in any of the following zones:
(A) In any restricted zone described in paragraph (5) of
subdivision (a) of Section 21458 or on streets upon which
preferential parking privileges and height limits have been given
pursuant to Section 22507.
(B) In any parking zone that is restricted as to the length of
time parking is permitted as indicated by a sign erected pursuant to
a local ordinance.
(2) A disabled person or disabled veteran is allowed to park in
any metered parking space without being required to pay parking meter
fees.
(3) This subdivision does not apply to a zone for which state law
or ordinance absolutely prohibits stopping, parking, or standing of
all vehicles, or which the law or ordinance reserves for special
types of vehicles, or to the parking of a vehicle that is involved in
the operation of a street vending business.
(b) A disabled person or disabled veteran is allowed to park a
motor vehicle displaying a special disabled person license plate or
placard issued by a foreign jurisdiction with the same parking
privileges authorized in this code for any motor vehicle displaying a
special license plate or a distinguishing placard issued by the
Department of Motor Vehicles.
(a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when (A) suspended from the rearview mirror, (B) if there is
no rearview mirror, when displayed on the dashboard of a vehicle, or
(C) inserted in a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window. It is the intent of the Legislature to encourage the use of
distinguishing placards because they provide law enforcement officers
with a more readily recognizable symbol for distinguishing vehicles
qualified for the parking privilege. The placard shall be the size,
shape, and color determined by the department and shall bear the
International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641, commonly known as the "wheelchair symbol." The
department shall incorporate instructions for the lawful use of a
placard, and a summary of the penalties for the unlawful use of a
placard, into the identification card issued to the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The procedures shall include, but are
not limited to, advising an applicant in writing on the application
for a placard of the procedure to apply for a special license plate
or plates, as described in Section 5007, and the fee exemptions
established pursuant to Section 9105 and in subdivision (a) of
Section 10783 of the Revenue and Taxation Code. The placards shall
have a fixed expiration date of June 30 every two years. A portion of
the placard shall be printed in a contrasting color that shall be
changed every two years. The size and color of this contrasting
portion of the placard shall be large and distinctive enough to be
readily identifiable by a law enforcement officer in a passing
vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Office of Vital Records of
the State Department of Public Health, or its successor, and
withhold any renewal notices that otherwise would have been sent for
a placardholder identified as deceased.
(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Except as provided in paragraph (4), prior to issuing an
original distinguishing placard to a disabled person or disabled
veteran, the department shall require the submission of a
certificate, in accordance with paragraph (2), signed by the
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, or physician assistant,
substantiating the disability, unless the applicant's disability is
readily observable and uncontested. The disability of a person who
has lost, or has lost use of, one or more lower extremities or one
hand, for a disabled veteran, or both hands, for a disabled person,
or who has significant limitation in the use of lower extremities,
may also be certified by a licensed chiropractor. The blindness of an
applicant shall be certified by a licensed physician and surgeon who
specializes in diseases of the eye or a licensed optometrist. The
physician and surgeon, nurse practitioner, certified nurse midwife,
physician assistant, chiropractor, or optometrist certifying the
qualifying disability shall provide a full description of the illness
or disability on the form submitted to the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.
(4) For a disabled veteran, the department shall accept, in lieu
of the certificate described in paragraph (1), a certificate from the
United States Department of Veterans Affairs that certifies that the
applicant is a disabled veteran as described in Section 295.7.
(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen.
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
(a) A person using a distinguishing placard issued under
Section 22511.55 or 22511.59, or a special license plate issued under
Section 5007, for parking as permitted by Section 22511.5 shall,
upon request of a peace officer or person authorized to enforce
parking laws, ordinances, or regulations, present identification and
evidence of the issuance of that placard or plate to that person, or
that vehicle if the plate was issued pursuant to paragraph (3) of
subdivision (a) of Section 5007.
(b) Failure to present the requested identification and evidence
of the issuance of that placard or plate shall be a rebuttable
presumption that the placard or plate is being misused and that the
associated vehicle has been parked in violation of Section 22507.8,
or has exercised a disabled person's parking privilege pursuant to
Section 22511.5.
(c) In addition to any other applicable penalty for the misuse of
a placard, the officer or parking enforcement person may confiscate a
placard being used for parking purposes that benefit a person other
than the person to whom the placard was issued by the Department of
Motor Vehicles. A placard lawfully used by a person transporting a
disabled person pursuant to subdivision (b) of Section 4461 may not
be confiscated.
(d) In addition to any other applicable penalty for the misuse of
a special license plate issued under Section 5007, a peace officer
may confiscate the plate being used for parking purposes that benefit
a person other than the person to whom the plate was issued by the
Department of Motor Vehicles.
(e) After verification with the Department of Motor Vehicles that
the user of the placard or plate is not the registered owner of the
placard or plate, the appropriate agency that confiscated the placard
or plate shall notify the department of the placard or plate number
and the department shall cancel the placard or plate. A placard or
plate canceled by the department pursuant to this subdivision may be
destroyed by the agency that confiscated the placard or plate.
A local authority may, by ordinance or resolution,
prohibit or restrict the parking or standing of a vehicle on streets
or highways or in a parking stall or space in a privately or publicly
owned or operated offstreet parking facility within its jurisdiction
when the vehicle displays, in order to obtain special parking
privileges, a distinguishing placard or special license plate, issued
pursuant to Section 5007, 22511.55, or 22511.59, and any of the
following conditions are met:
(a) The records of the Department of Motor Vehicles for the
identification number assigned to the placard or license plate
indicate that the placard or license plate has been reported as lost,
stolen, surrendered, canceled, revoked, or expired, or was issued to
a person who has been reported as deceased for a period exceeding 60
days.
(b) The placard or license plate is displayed on a vehicle that is
not being used to transport, and is not in the reasonable proximity
of, the person to whom the license plate or placard was issued or a
person who is authorized to be transported in the vehicle displaying
that placard or license plate.
(c) The placard or license plate is counterfeit, forged, altered,
or mutilated.
(a) Upon a request to the department by a local public
law enforcement agency or local agency responsible for the
administration or enforcement of parking regulations, the department
shall make available to the requesting agency any information
contained in a physician's certificate submitted to the department as
part of the application for a disabled person's parking privileges,
substantiating the disability of a person applying for or who has
been issued a parking placard pursuant to Section 22511.55. The
department shall not provide the information specified in this
subdivision to any private or other third-party parking citation
processing agency.
(b) Local authorities may establish a review board or panel, which
shall include a qualified physician or medical authority, for
purposes of reviewing information contained in the applications for
special parking privileges and the certification of qualifying
disabilities for persons residing within the jurisdiction of the
local authority. Any findings or determinations by a review board or
panel under this section indicating that an application or
certification is fraudulent or lacks proper certification may be
transmitted to the department or other appropriate authorities for
further review and investigation.
(a) Upon the receipt of the applications and documents
required by subdivision (b), (c), or (d), the department shall issue
a temporary distinguishing placard bearing the International Symbol
of Access adopted pursuant to Section 3 of Public Law 100-641
commonly known as the "wheelchair symbol." During the period for
which it is valid, the temporary distinguishing placard may be used
for the parking purposes described in Section 22511.5 in the same
manner as a distinguishing placard issued pursuant to Section
22511.55.
(b) (1) A person who is temporarily disabled for a period of not
more than six months may apply to the department for the issuance of
the temporary distinguishing placard described in subdivision (a).
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the submission of a certificate signed by a
physician and surgeon, or to the extent that it does not cause a
reduction in the receipt of federal aid highway funds, by a nurse
practitioner, certified nurse midwife, physician assistant,
chiropractor, or optometrist, as described in subdivision (b) of
Section 22511.55, substantiating the temporary disability and stating
the date upon which the disability is expected to terminate.
(3) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall maintain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(4) A placard issued pursuant to this subdivision shall expire not
later than 180 days from the date of issuance or upon the expected
termination date of the disability, as stated on the certificate
required by paragraph (2), whichever is less.
(5) The fee for a temporary placard issued pursuant to this
subdivision shall be six dollars ($6).
(6) A placard issued pursuant to this subdivision shall be renewed
a maximum of six times consecutively.
(c) (1) A permanently disabled person or disabled veteran who is
not a resident of this state and plans to travel within the state may
apply to the department for the issuance of the temporary
distinguishing placard described in subdivision (a).
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require certification of the disability, as
described in subdivision (b) of Section 22511.55.
(3) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall maintain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(4) A placard issued pursuant to this subdivision shall expire not
later than 90 days from the date of issuance.
(5) The department shall not charge a fee for issuance of a
placard under this subdivision.
(6) A placard issued pursuant to this subdivision shall be renewed
a maximum of six times consecutively.
(d) (1) A permanently disabled person or disabled veteran who has
been issued either a distinguishing placard pursuant to Section
22511.55 or special license plates pursuant to Section 5007, but not
both, may apply to the department for the issuance of the temporary
distinguishing placard described in subdivision (a) for the purpose
of travel.
(2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the applicant to submit either the number
identifying the distinguishing placard issued pursuant to Section
22511.55 or the number on the special license plates.
(3) A placard issued pursuant to this subdivision shall expire not
later than 30 days from the date of issuance.
(4) The department shall not charge a fee for issuance of a
placard under this subdivision.
(5) A placard issued pursuant to this subdivision shall be renewed
a maximum of six times consecutively.
(e) The department shall print on a temporary distinguishing
placard, the maximum penalty that may be imposed for a violation of
Section 4461. For the purposes of this subdivision, the "maximum
penalty" is the amount derived from adding all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
(a) The Department of Motor Vehicles may cancel or revoke
a distinguishing placard issued pursuant to Section 22511.55 or
22511.59 in any of the following events:
(1) When the department is satisfied that the placard was
fraudulently obtained or erroneously issued.
(2) When the department determines that the required fee has not
been paid and the fee is not paid upon reasonable notice and demand.
(3) When the placard could have been refused when last issued or
renewed.
(4) When the department determines that the owner of the placard
has committed any offense described in Section 4461 or 4463,
involving the placard to be canceled or revoked.
(5) When the department determines that the owner of the placard
is deceased.
(b) Whenever the Department of Motor Vehicles cancels or revokes a
distinguishing placard, the owner or person in possession of the
placard shall immediately return the placard to the department.
(a) In addition to Section 22511.8 for offstreet parking,
a local authority may, by ordinance or resolution, designate onstreet
parking spaces for the exclusive use of a vehicle that displays
either a special identification license plate issued pursuant to
Section 5007 or a distinguishing placard issued pursuant to Section
22511.55 or 22511.59.
(b) (1) Whenever a local authority so designates a parking space,
it shall be indicated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. In addition, the local
authority shall post immediately adjacent to and visible from the
space a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background.
(2) The sign required pursuant to paragraph (1) shall clearly and
conspicuously state the following: "Minimum Fine $250." This
paragraph applies only to signs for parking spaces constructed on or
after July 1, 2008, and signs that are replaced on or after July 1,
2008.
(3) If the loading and unloading area of the pavement adjacent to
a parking stall or space designated for disabled persons or disabled
veterans is to be marked by a border and hatched lines, the border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008.
(c) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
(a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of a
vehicle that displays either a special license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):
(1) (A) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) (A) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
(B) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
subparagraph applies only to parking spaces constructed on or after
July 1, 2008, and painting that is done on or after July 1, 2008, or
as the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.
(b) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450 of the
Government Code, as appropriate, conforming regulations to ensure
compliance with subparagraph (B) of paragraph (1) of subdivision (a)
and subparagraph (B) of paragraph (2) of subdivision (a). Initial
regulations to implement these provisions shall be adopted as
emergency regulations. The adoption of these regulations shall be
considered by the Department of General Services to be an emergency
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
(c) If posted in accordance with subdivision (e) or (f), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage unless a special license plate issued pursuant to
Section 5007 or distinguishing placard issued pursuant to Section
22511.55 or 22511.59 is displayed on the vehicle.
(d) If posted in accordance with subdivision (e), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest public garage unless a special
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 is displayed
on the vehicle.
(e) Except as provided in Section 22511.9, the posting required
for an offstreet parking facility owned or operated either privately
or by a local authority shall consist of a sign not less than 17 by
22 inches in size with lettering not less than one inch in height
which clearly and conspicuously states the following: "Unauthorized
vehicles parked in designated accessible spaces not displaying
distinguishing placards or special license plates issued for persons
with disabilities will be towed away at the owner's expense. Towed
vehicles may be reclaimed at:
________________________________ or by telephoning
(Address)
________________________________________________."
(Telephone number of local law enforcement agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(f) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (c) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(g) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
A vehicle, identified with a special license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59, which is equipped with a lift,
ramp, or assistive equipment that is used for the loading and
unloading of a person with a disability may park in not more than two
adjacent stalls or spaces on a street or highway or in a public or
private off-street parking facility if the equipment has been or will
be used for loading or unloading a person with a disability, and if
there is no single parking space immediately available on the street
or highway or within the facility that is suitable for that purpose,
including, but not limited to, when there is not sufficient space to
operate a vehicle lift, ramp, or assistive equipment, or there is not
sufficient room for a person with a disability to exit the vehicle
or maneuver once outside the vehicle.
Every new or replacement sign installed on or after
January 1, 1992, relating to parking privileges for disabled persons
shall refer to "disabled persons" rather than "physically handicapped
persons" or any other similar term, whenever such a reference is
required on a sign.
All new or replacement signs installed on or after July
1, 2008, relating to parking privileges for disabled persons shall
refer to "persons with disabilities" rather than "disabled persons"
or any other similar term, whenever the reference is required on the
sign.
The Legislature hereby finds and declares all of the
following:
(a) Two and one-half million Californians suffer from some form of
chronic obstructive pulmonary disease. Those persons who are not in
wheelchairs have difficulty walking long distances.
(b) Encouraging those with physical disabilities to engage in
activities outside of the home promotes better health and
self-esteem, thereby lowering health costs.
(c) Placing disabled person parking spaces closest to the main
entrances of buildings does not cost taxpayers, but provides
accessibility to the physically disabled.
(d) It is the intent of the Legislature, in enacting Section
22511.11, to direct the Office of the State Architect to propose
regulations that require disabled person parking spaces to be located
on the shortest accessible route of travel to an accessible entrance
or exit of a building or parking facility.
(a) The Office of the State Architect shall propose
regulations specifying the location of disabled person parking stalls
or spaces designated pursuant to Section 22511.8, for parking
facilities constructed or reconstructed pursuant to a building permit
issued on or after October 1, 1993. In specifying the placement of
those stalls or spaces near buildings or facilities and within
parking structures, consideration shall be given to the special
access needs of disabled persons.
(b) The Office of the State Architect shall submit the regulations
proposed pursuant to subdivision (a) to the State Building Standards
Commission on or before July 1, 1993, for approval, adoption, and
publication in Title 24 of the California Code of Regulations.
Except as otherwise indicated in subdivision (b), none of
the following provisions shall apply to the driver or owner of any
service vehicle owned or operated by or for or operated under
contract with a utility or public utility, whether privately,
municipally, or publicly owned, used in the construction, operation,
removal, or repair of utility or public utility property or
facilities, if warning devices are displayed and when the vehicle is
stopped, standing, or parked at the site of work involving the
construction, operation, removal, or repair of the utility or public
utility property or facilities upon, in, over, under, or adjacent to
a highway, bicycle lane, bikeway, or bicycle path or trail, or of a
vehicle, whether privately, municipally, or publicly owned, if
warning devices are displayed and when the vehicle is engaged in
authorized work on the highway, bicycle lane, bikeway, or bicycle
path or trail:
(a) Sections 21112, 21211, 21707, 21708, 22507.6, 24605, 25253,
25300, 27700, and 27907.
(b) This chapter, except Sections 22507, 22509, 22515, and 22517.
(c) Chapter 10 (commencing with Section 22650).
(a) (1) It is a misdemeanor for a towing company or the
owner or operator of a tow truck to stop or cause a person to stop at
the scene of an accident or near a disabled vehicle for the purpose
of soliciting an engagement for towing services, either directly or
indirectly, to furnish towing services, to move a vehicle from a
highway, street, or public property when the vehicle has been left
unattended or when there is an injury as the result of an accident,
or to accrue charges for services furnished under those
circumstances, unless requested to perform that service by a law
enforcement officer or public agency pursuant to that agency's
procedures, or unless summoned to the scene or requested to stop by
the owner or operator of a disabled vehicle.
(2) (A) A towing company or the owner or operator of a tow truck
summoned to the scene by the owner or operator of a disabled vehicle
shall possess all of the following information in writing prior to
arriving at the scene:
(i) The first and last name and working telephone number of the
person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the
disabled vehicle.
(iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in
clauses (i), (ii), and (iii).
(B) A towing company or the owner or operator of a tow truck
summoned to the scene by a motor club, as defined by Section 12142 of
the Insurance Code, pursuant to the request of the owner or operator
of a disabled vehicle is exempt from the requirements of
subparagraph (A), provided it possesses all of the following
information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the
referral.
(iii) The date and time it was summoned to the scene by the motor
club.
(3) A towing company or the owner or operator of a tow truck
requested to stop at the scene by the owner or operator of a disabled
vehicle shall possess all of the following information in writing
upon arriving at the scene:
(A) The first and last name and working telephone number of the
person who requested the stop.
(B) The make, model, and license plate number, if one is
displayed, of the disabled vehicle.
(C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in
subparagraphs (A), (B), and (C).
(4) A towing company or the owner or operator of a tow truck
summoned or requested by a law enforcement officer or public agency
pursuant to that agency's procedures to stop at the scene of an
accident or near a disabled vehicle for the purpose of soliciting an
engagement for towing services, either directly or indirectly, to
furnish towing services, or that is expressly authorized to move a
vehicle from a highway, street, or public property when the vehicle
has been left unattended or when there is an injury as the result of
an accident, shall possess all of the following in writing before
leaving the scene:
(A) The identity of the law enforcement agency or public agency.
(B) The log number, call number, incident number, or dispatch
number assigned to the incident by law enforcement or the public
agency, or the surname and badge number of the law enforcement
officer, or the surname and employee identification number of the
public agency employee.
(C) The date and time of the summons, request, or express
authorization.
(5) For purposes of this section, "writing" includes electronic
records.
(b) The towing company or the owner or operator of a tow truck
shall make the written information described in subdivision (a)
available to law enforcement, upon request, from the time it appears
at the scene until the time the vehicle is towed and released to a
third party, and shall maintain that information for three years. The
towing company or owner or operator of a tow truck shall make that
information available for inspection and copying within 48 hours of a
written request from any officer or agent of a police department,
sheriff's department, the Department of the California Highway
Patrol, the Attorney General's office, a district attorney's office,
or a city attorney's office.
(c) (1) Prior to attaching a vehicle to the tow truck, if the
vehicle owner or operator is present at the time and location of the
anticipated tow, the towing company or the owner or operator of the
tow truck shall furnish the vehicle's owner or operator with a
written itemized estimate of all charges and services to be
performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit
number of the towing company.
(B) The license plate number of the tow truck performing the tow.
(C) The first and last name of the towing operator, and if
different than the towing operator, the first and last name of the
person from the towing company furnishing the estimate.
(D) A description and cost for all services, including, but not
limited to, charges for labor, special equipment, mileage from
dispatch to return, and storage fees, expressed as a 24-hour rate.
(2) The tow truck operator shall obtain the vehicle owner or
operator's signature on the itemized estimate and shall furnish a
copy to the person who signed the estimate.
(3) The requirements in paragraph (1) may be completed after the
vehicle is attached and removed to the nearest safe shoulder or
street if done at the request of law enforcement or a public agency,
provided the estimate is furnished prior to the removal of the
vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck
shall maintain the written documents described in this subdivision
for three years, and shall make them available for inspection and
copying within 48 hours of a written request from any officer or
agent of a police department, sheriff's department, the Department of
the California Highway Patrol, the Attorney General's office, a
district attorney's office, or a city attorney's office.
(5) This subdivision does not apply to a towing company or the
owner or operator of a tow truck summoned to the scene by a motor
club, as defined by Section 12142 of the Insurance Code, pursuant to
the request of the owner or operator of a disabled vehicle.
(6) This subdivision does not apply to a towing company or the
owner or operator of a tow truck summoned to the scene by law
enforcement or a public agency pursuant to that agency's procedures,
and operating at the scene pursuant to a contract with that law
enforcement agency or public agency.
(d) (1) Except as provided in paragraph (2), a towing company or
the owner or operator of a tow truck shall not charge a fee for
towing or storage, or both, of a vehicle in excess of the greater of
the following:
(A) The fee that would have been charged for that towing or
storage, or both, made at the request of a law enforcement agency
under an agreement between a towing company and the law enforcement
agency that exercises primary jurisdiction in the city in which the
vehicle was, or was attempted to be, removed, or if not located
within a city, the law enforcement agency that exercises primary
jurisdiction in the county in which the vehicle was, or was attempted
to be, removed.
(B) The fee that would have been charged for that towing or
storage, or both, under the rate approved for that towing operator by
the Department of the California Highway Patrol for the jurisdiction
from which the vehicle was, or was attempted to be, removed.
(2) Paragraph (1) does not apply to the towing or transportation
of a vehicle or temporary storage of a vehicle in transit, if the
towing or transportation is performed with the prior consent of the
owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price
without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator,
including any warranty or zero cost services, shall be recorded on an
invoice, as described in subdivision (e) of Section 22651.07. The
towing company or the owner or operator of a tow truck shall maintain
the written documents described in this subdivision for three years,
and shall make the documents available for inspection and copying
within 48 hours of a written request from any officer or agent of a
police department, sheriff's department, the Department of the
California Highway Patrol, the Attorney General's office, a district
attorney's office, or a city attorney's office.
(e) A person who willfully violates subdivision (b), (c), or (d)
is guilty of a misdemeanor, punishable by a fine of not more than two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail for not more than three months, or by both that fine and
imprisonment.
(f) This section shall not apply to the following:
(1) A vehicle owned or operated by, or under contract to, a motor
club, as defined by Section 12142 of the Insurance Code, which stops
to provide services for which compensation is neither requested nor
received, provided that those services may not include towing other
than that which may be necessary to remove the vehicle to the nearest
safe shoulder. The owner or operator of that vehicle may contact a
law enforcement agency or other public agency on behalf of a
motorist, but may not refer a motorist to a tow truck owner or
operator, unless the motorist is a member of the motor club, the
motorist is referred to a tow truck owner or operator under contract
to the motor club, and, if there is a dispatch facility that services
the area and is owned or operated by the motor club, the referral is
made through that dispatch facility.
(2) A tow truck operator employed by a law enforcement agency or
other public agency.
(3) A tow truck owner or operator acting under contract with a law
enforcement or other public agency to abate abandoned vehicles, or
to provide towing service or emergency road service to motorists
while involved in freeway service patrol operations, to the extent
authorized by law.
(a) A business taking possession of a vehicle from a tow
truck shall document the name, address, and telephone number of the
towing company, the name and driver's license number of the tow truck
operator, the make, model, and license plate or Vehicle
Identification Number, and the date and time that possession was
taken of the vehicle. If the vehicle was dropped off after hours, the
business shall obtain the information from the towing company the
next day.
(b) The information required in this section shall be maintained
for three years and shall be available for inspection and copying
within 48 hours of a written request by any officer or agent of a
police department, sheriff's department, the Department of the
California Highway Patrol, the Attorney General's office, the Bureau
of Automotive Repair, a district attorney's office, or a city
attorney's office.
(c) A person who willfully violates this section is guilty of a
misdemeanor, and is punishable by a fine of not more than two
thousand five hundred dollars ($2,500), or by imprisonment in a
county jail for not more than three months, or by both that fine and
imprisonment.
No person shall stop, park, or leave standing any vehicle
within 15 feet of a fire hydrant except as follows:
(a) If the vehicle is attended by a licensed driver who is seated
in the front seat and who can immediately move such vehicle in case
of necessity.
(b) If the local authority adopts an ordinance or resolution
reducing that distance. If the distance is less than 10 feet total
length when measured along the curb or edge of the street, the
distance shall be indicated by signs or markings.
(c) If the vehicle is owned or operated by a fire department and
is clearly marked as a fire department vehicle.
(a) No person driving, or in control of, or in charge of, a
motor vehicle shall permit it to stand on any highway unattended
without first effectively setting the brakes thereon and stopping the
motor thereof.
(b) No person in control of, or in charge of, any vehicle, other
than a motor vehicle, shall permit it to stand on any highway without
first effectively setting the brakes thereon, or blocking the wheels
thereof, to effectively prevent the movement of the vehicle.
No person shall leave standing a locked vehicle in which
there is any person who cannot readily escape therefrom.
No person shall open the door of a vehicle on the side
available to moving traffic unless it is reasonably safe to do so and
can be done without interfering with the movement of such traffic,
nor shall any person leave a door open on the side of a vehicle
available to moving traffic for a period of time longer than
necessary to load or unload passengers.
(a) Fringe and transportation corridor parking facilities
constructed, maintained, or operated by the Department of
Transportation pursuant to Section 146.5 of the Streets and Highways
Code shall be used only by persons using a bicycle or public transit,
or engaged in ridesharing, including, but not limited to, carpools
or vanpools. A person shall not park a vehicle 30 feet or more in
length, engage in loitering or camping, or engage in vending or any
other commercial activity on any fringe or transportation corridor
parking facility.
(b) This section does not apply to alternatively fueled
infrastructure programs in park-and-ride lots owned and operated by
the Department of Transportation.
Local authorities may by ordinance or resolution prohibit,
restrict or regulate the parking, stopping or standing of vehicles on
any offstreet parking facility which it owns or operates. No such
ordinance or resolution shall apply until signs giving notice thereof
have been erected.
(a) No person shall solicit, display, sell, offer for
sale, or otherwise vend or attempt to vend any merchandise or service
while being wholly or partly within any of the following:
(1) The right-of-way of any freeway, including any on ramp, off
ramp, or roadway shoulder which lies within the right-of-way of the
freeway.
(2) Any roadway or adjacent shoulder within 500 feet of a freeway
off ramp or on ramp.
(3) Any sidewalk within 500 feet of a freeway off ramp or on ramp,
when vending or attempting to vend to vehicular traffic.
(b) Subdivision (a) does not apply to a roadside rest area or
vista point located within a freeway right-of-way which is subject to
Section 22520.6, to a tow truck or service vehicle rendering
assistance to a disabled vehicle, or to a person issued a permit to
vend upon the freeway pursuant to Section 670 of the Streets and
Highways Code.
(c) A violation of this section is an infraction. A second or
subsequent conviction of a violation of this section is a
misdemeanor.
(a) No person shall engage in any activity within a
highway roadside rest area or vista point prohibited by rules and
regulations adopted pursuant to Section 225 of the Streets and
Highways Code.
(b) A violation of this section is an infraction. A second or
subsequent conviction of a violation of this section is a
misdemeanor.
No person shall park a vehicle upon any railroad track or
within 7 1/2 feet of the nearest rail.
No person shall park a vehicle within three feet of any
sidewalk access ramp constructed at, or adjacent to, a crosswalk or
at any other location on a sidewalk so as to be accessible to and
usable by the physically disabled, if the area adjoining the ramp is
designated by either a sign or red paint.
(a) No person shall abandon a vehicle upon any highway.
(b) No person shall abandon a vehicle upon public or private
property without the express or implied consent of the owner or
person in lawful possession or control of the property.
(c) Any person convicted of a violation of this section shall be
punished by a fine of not less than one hundred dollars ($100) and
shall provide proof that the costs of removal and disposition of the
vehicle have been paid. No part of any fine imposed shall be
suspended. The fine may be paid in installments if the court
determines that the defendant is unable to pay the entire amount in
one payment.
(d) Proof that the costs of removal and disposition of the vehicle
have been paid shall not be required if proof is provided to the
court that the vehicle was stolen prior to abandonment. That proof
may consist of a police report or other evidence acceptable to the
court.
(e) The costs required to be paid for the removal and disposition
of any vehicle determined to be abandoned pursuant to Section 22669
shall not exceed those for towing and seven days of storage. This
subdivision does not apply if the registered owner or legal owner has
completed and returned to the lienholder a "Declaration of
Opposition" form within the time specified in Section 22851.8.
(f) (1) If a vehicle is abandoned in violation of subdivision (b)
and is not redeemed after impound, the last registered owner is
guilty of an infraction. In addition to any other penalty, the
registered owner shall be liable for any deficiency remaining after
disposal of the vehicle under Section 3071 or 3072 of the Civil Code
or Section 22851.10 of this code.
(2) The filing of a report of sale or transfer of the vehicle
pursuant to Section 5602, the filing of a vehicle theft report with a
law enforcement agency, or the filing of a form or notice with the
department pursuant to subdivision (b) of Section 4456 or Section
5900 or 5901 relieves the registered owner of liability under this
subdivision.
(a) The abandonment of any vehicle in a manner as provided
in Section 22523 shall constitute a prima facie presumption that the
last registered owner of record is responsible for the abandonment
and is thereby liable for the cost of removal and disposition of the
vehicle.
(b) An owner who has made a bona fide sale or transfer of a
vehicle and has delivered possession of the vehicle to a purchaser
may overcome the presumption prescribed in subdivision (a) by
demonstrating that he or she has complied with Section 5900 or
providing other proof satisfactory to the court.
(c) This section shall become operative on July 1, 1989.
(a) Any insurer that is responsible for coverage for
ordinary and reasonable towing and storage charges under an
automobile insurance policy to an insured or on behalf of an insured
to a valid claimant, is liable for those charges to the person
performing those services when a vehicle is towed and stored as a
result of an accident or stolen recovery. The insurer may discharge
the obligation by making payment to the person performing the towing
and storage services or to the insured or on behalf of the insured to
the claimant.
(b) Any insured or claimant who has received payment, which
includes towing and storage charges, from an insurer for a loss
relating to a vehicle is liable for those charges to the person
performing those services.
Local authorities may by ordinance or resolution authorize
vanpool vehicles to utilize designated state highway bus stops.
The ordinance or resolution shall be submitted to the Department
of Transportation for approval. No ordinance or resolution shall
become effective until approved by the department. The department
shall review the ordinance or resolution within 45 days after
receipt.
(a) Notwithstanding any official traffic control signal
indication to proceed, a driver of a vehicle shall not enter an
intersection or marked crosswalk unless there is sufficient space on
the other side of the intersection or marked crosswalk to accommodate
the vehicle driven without obstructing the through passage of
vehicles from either side.
(b) A driver of a vehicle which is making a turn at an
intersection who is facing a steady circular yellow or yellow arrow
signal shall not enter the intersection or marked crosswalk unless
there is sufficient space on the other side of the intersection or
marked crosswalk to accommodate the vehicle driven without
obstructing the through passage of vehicles from either side.
(c) A driver of a vehicle shall not enter a railroad or rail
transit crossing, notwithstanding any official traffic control device
or signal indication to proceed, unless there is sufficient
undercarriage clearance to cross the intersection without obstructing
the through passage of a railway vehicle, including, but not limited
to, a train, trolley, or city transit vehicle.
(d) A driver of a vehicle shall not enter a railroad or rail
transit crossing, notwithstanding any official traffic control device
or signal indication to proceed, unless there is sufficient space on
the other side of the railroad or rail transit crossing to
accommodate the vehicle driven and any railway vehicle, including,
but not limited to, a train, trolley, or city transit vehicle.
(e) A local authority may post appropriate signs at the entrance
to intersections indicating the prohibition in subdivisions (a), (b),
and (c).
(f) A violation of this section is not a violation of a law
relating to the safe operation of vehicles and is the following:
(1) A stopping violation when a notice to appear has been issued
by a peace officer described in Section 830.1, 830.2, or 830.33 of
the Penal Code.
(2) A parking violation when a notice of parking violation is
issued by a person, other than a peace officer described in paragraph
(1), who is authorized to enforce parking statutes and regulations.
(g) This section shall be known and may be cited as the
Anti-Gridlock Act of 1987.