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Chapter 1. General Provisions of California Vehicle Code >> Division 12. >> Chapter 1.
Wherever in this division the word "department" occurs, it
means the Department of the California Highway Patrol.
This division and Division 13 (commencing at Section 29000),
unless otherwise provided, applies to all vehicles whether publicly
or privately owned when upon the highways, including all authorized
emergency vehicles.
A golf cart as defined in Section 345 shall only be
subject to the provisions of this division which are applicable to a
motorcycle.
(a) It is unlawful to operate any vehicle or combination of
vehicles which is in an unsafe condition, or which is not safely
loaded, and which presents an immediate safety hazard.
(b) It is unlawful to operate any vehicle or combination of vehicles which is not equipped as provided in this code.
(c) A motor carrier shall not require a person to drive a commercial motor vehicle unless the driver can, by reason of experience, training, or both, determine whether the cargo being transported, including baggage in a passenger-carrying commercial vehicle, has been properly located, distributed, and secured in or on the commercial motor vehicle operated by the driver.
(d) A driver shall not operate a commercial motor vehicle unless the driver can, by reason of experience, training, or both, demonstrate familiarity with the methods and procedures for securing cargo in or on the commercial motor vehicle operated by the driver.
(e) Drivers and motor carriers of commercial motor vehicles shall comply with Section 392.9 of Title 49 of the Code of Federal Regulations.
(f) For purposes of this section, "commercial motor vehicle" has the same meaning as defined in subdivision (b) of Section 15210, and also includes any vehicle listed in Section 34500.
(b) It is unlawful to operate any vehicle or combination of vehicles which is not equipped as provided in this code.
(c) A motor carrier shall not require a person to drive a commercial motor vehicle unless the driver can, by reason of experience, training, or both, determine whether the cargo being transported, including baggage in a passenger-carrying commercial vehicle, has been properly located, distributed, and secured in or on the commercial motor vehicle operated by the driver.
(d) A driver shall not operate a commercial motor vehicle unless the driver can, by reason of experience, training, or both, demonstrate familiarity with the methods and procedures for securing cargo in or on the commercial motor vehicle operated by the driver.
(e) Drivers and motor carriers of commercial motor vehicles shall comply with Section 392.9 of Title 49 of the Code of Federal Regulations.
(f) For purposes of this section, "commercial motor vehicle" has the same meaning as defined in subdivision (b) of Section 15210, and also includes any vehicle listed in Section 34500.
(a) No person may operate a farm labor vehicle that is in
a condition that presents an immediate safety hazard or in violation
of Section 24004 or 31402.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or both that fine and a sentence of confinement for not more than six months in the county jail. No part of any fine imposed under this section may be suspended.
(c) As used in this section, an "immediate safety hazard" is any equipment violation described in subdivision (a) of Section 31401 or Section 31405, including any violation of a regulation adopted pursuant to those provisions.
(d) Any member of the Department of the California Highway Patrol may impound a farm labor vehicle operated in violation of this section pursuant to Section 34506.4.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or both that fine and a sentence of confinement for not more than six months in the county jail. No part of any fine imposed under this section may be suspended.
(c) As used in this section, an "immediate safety hazard" is any equipment violation described in subdivision (a) of Section 31401 or Section 31405, including any violation of a regulation adopted pursuant to those provisions.
(d) Any member of the Department of the California Highway Patrol may impound a farm labor vehicle operated in violation of this section pursuant to Section 34506.4.
No vehicle shall be equipped with any lamp or illuminating
device not required or permitted in this code, nor shall any lamp or
illuminating device be mounted inside a vehicle unless specifically
permitted by this code. This section does not apply to:
(a) Interior lamps such as door, brake and instrument lamps, and map, dash, and dome lamps designed and used for the purpose of illuminating the interior of the vehicle.
(b) Lamps needed in the operation or utilization of those vehicles mentioned in Section 25801, or vehicles used by public utilities in the repair or maintenance of their service, or used only for the illumination of cargo space of a vehicle while loading or unloading.
(c) Warning lamps mounted inside an authorized emergency vehicle and meeting requirements established by the department.
(a) Interior lamps such as door, brake and instrument lamps, and map, dash, and dome lamps designed and used for the purpose of illuminating the interior of the vehicle.
(b) Lamps needed in the operation or utilization of those vehicles mentioned in Section 25801, or vehicles used by public utilities in the repair or maintenance of their service, or used only for the illumination of cargo space of a vehicle while loading or unloading.
(c) Warning lamps mounted inside an authorized emergency vehicle and meeting requirements established by the department.
No person shall operate any vehicle or combination of
vehicles after notice by a peace officer, as defined in Section 830.1
or subdivision (a) of Section 830.2 of the Penal Code, that the
vehicle is in an unsafe condition or is not equipped as required by
this code, except as may be necessary to return the vehicle or
combination of vehicles to the residence or place of business of the
owner or driver or to a garage, until the vehicle and its equipment
have been made to conform with the requirements of this code.
The provisions of this section shall not apply to an employee who
does not know that such notice has been issued, and in such event the
provisions of Section 40001 shall be applicable.
It is unlawful for any person to sell, offer for sale,
lease, install, or replace, either for himself or as the agent or
employee of another, or through such agent or employee, any glass,
lighting equipment, signal devices, brakes, vacuum or pressure hose,
muffler, exhaust, or any kind of equipment whatsoever for use, or
with knowledge that any such equipment is intended for eventual use,
in any vehicle, that is not in conformity with this code or
regulations made thereunder.
It is unlawful for any person to sell or offer for sale
for use on loads regulated by the department any type of synthetic
fiber rope or webbing strap material unless it meets requirements
established by the department.
No person shall sell or offer for sale either separately or
as a part of the equipment of a new motor vehicle any equipment or
device subject to requirements established by the department unless
the equipment or device bears thereon the trademark or name and type
or model designation under requirements established by the department
and is accompanied by any printed instructions which may be required
by the department as to the light source to be used with lamps, any
particular methods of mounting or adjustment of lamps or other
devices, and any other instructions as determined by the department
necessary for compliance with this code.
(a) (1) No dealer or person holding a retail seller's permit
shall sell a new or used vehicle that is not in compliance with this
code and departmental regulations adopted pursuant to this code,
unless the vehicle is sold to another dealer, sold for the purpose of
being legally wrecked or dismantled, or sold exclusively for
off-highway use.
(2) Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3) Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b) (1) Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2) Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3) Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4) Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c) (1) With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or his or her authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2) Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicle's compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealer's authorized representative.
(3) Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(2) Paragraph (1) does not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(3) Notwithstanding paragraph (1), the equipment requirements of this division do not apply to the sale of a leased vehicle by a dealer to a lessee if the lessee is in possession of the vehicle immediately prior to the time of the sale and the vehicle is registered in this state.
(b) (1) Except as provided in Section 24007.5, no person shall sell, or offer or deliver for sale, to the ultimate purchaser, or to any subsequent purchaser a new or used motor vehicle, as those terms are defined in Chapter 2 (commencing with Section 39010) of Part 1 of Division 26 of the Health and Safety Code, subject to Part 5 (commencing with Section 43000) of that Division 26 which is not in compliance with that part and the rules and regulations of the State Air Resources Board, unless the vehicle is sold to a dealer or sold for the purpose of being legally wrecked or dismantled.
(2) Prior to or at the time of delivery for sale, the seller shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(3) Paragraph (2) does not apply to any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1.
(4) Paragraphs (1) and (2) do not apply to any vehicle sold by either (A) a dismantler after being reported for dismantling pursuant to Section 11520 or (B) a salvage pool after obtaining a salvage certificate pursuant to Section 11515 or a nonrepairable vehicle certificate issued pursuant to Section 11515.2.
(c) (1) With each application for initial registration of a new motor vehicle or transfer of registration of a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a dealer, the purchaser, or his or her authorized representative, shall transmit to the Department of Motor Vehicles a valid certificate of compliance or noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(2) Notwithstanding paragraph (1) of this subdivision, with respect to new vehicles certified pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, a dealer may transmit, in lieu of a certificate of compliance, a statement, in a form and containing information deemed necessary and appropriate by the Director of Motor Vehicles and the Executive Officer of the State Air Resources Board, to attest to the vehicle's compliance with that chapter. The statement shall be certified under penalty of perjury, and shall be signed by the dealer or the dealer's authorized representative.
(3) Paragraph (1) does not apply to a transfer of ownership and registration under any of the circumstances described in subdivision (d) of Section 4000.1.
(a) The manufacturer of equipment used in the assembly of
an authorized emergency vehicle, as defined in Section 165, used by a
local public fire service agency shall, upon request of the fire
department, reimburse the agency for the cost of repairs to the
vehicle if (1) the repair was made to correct a manufacturer's
defect, and (2) the vehicle is placed on a safety-related recall to
correct that defect.
(b) A final stage equipment manufacturer is deemed to be an original equipment manufacturer in the event of a warranty dispute with a local public fire service agency regarding the failure of component parts used in the assembly of the agency's authorized emergency vehicle. As used in this section, "final stage equipment manufacturer" means the manufacturer who assembles the authorized emergency vehicle from one or more components supplied by other manufacturers.
(c) The Legislature finds and declares that local public fire service agencies of this state are entitled to safe and efficient use of their equipment, and that defects in emergency equipment, especially emergency vehicles, endanger the firefighters of California and the public they serve. It is the intent of the Legislature to ensure that these defects are repaired as expeditiously as possible and with no expense to the local public fire service agencies.
(b) A final stage equipment manufacturer is deemed to be an original equipment manufacturer in the event of a warranty dispute with a local public fire service agency regarding the failure of component parts used in the assembly of the agency's authorized emergency vehicle. As used in this section, "final stage equipment manufacturer" means the manufacturer who assembles the authorized emergency vehicle from one or more components supplied by other manufacturers.
(c) The Legislature finds and declares that local public fire service agencies of this state are entitled to safe and efficient use of their equipment, and that defects in emergency equipment, especially emergency vehicles, endanger the firefighters of California and the public they serve. It is the intent of the Legislature to ensure that these defects are repaired as expeditiously as possible and with no expense to the local public fire service agencies.
If a dealer, or a person holding a retail seller's permit,
sells to an elderly low-income person, as defined in Section 39026.5
of the Health and Safety Code, a 1966 through 1970 model year motor
vehicle which is not equipped, as required pursuant to Sections 43654
and 43656 of that code, with a certified device to control its
exhaust emission of oxides of nitrogen, the dealer or such person, as
the case may be, shall install the required certified device on the
motor vehicle without cost to the elderly low-income person.
(a) (1) No auctioneer or public agency shall sell, at
public auction, any vehicle specified in subdivision (a) of Section
24007, which is not in compliance with this code.
(2) Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b) Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c) Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, "public utility" means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d) The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e) (1) Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2) Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A) Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B) Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f) The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g) Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that a certificate of compliance is required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicle's last issued license plate number.
(2) Paragraph (1) does not apply to a vehicle that is sold under the conditions specified in subdivision (c), (d), (e), or (g) or is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use.
(b) Except with respect to the sale of a vehicle specified in paragraph (2) of subdivision (a), the consignor of any vehicle, specified in subdivision (b) of Section 24007, sold at public auction, shall provide the purchaser a valid certificate of compliance or certificate of noncompliance, as appropriate, issued in accordance with Section 44015 of the Health and Safety Code.
(c) Notwithstanding any other provision of this code, if, in the opinion of a public utility or public agency, the cost of repairs to a vehicle exceeds the value of the vehicle to the public utility or public agency, the public utility or public agency shall, as transferee or owner, surrender the certificates of registration, documents satisfactory to the Department of Motor Vehicles showing proof of ownership, and the license plates issued for the vehicle to the Department of Motor Vehicles. As used in this section, "public utility" means a public utility as described in Sections 218, 222, and 234 of the Public Utilities Code.
(d) The public utility or public agency having complied with subdivision (c) shall, upon sale of the vehicle, give to the purchaser a bill of sale which includes, in addition to any other required information, the last issued license plate number.
(e) (1) Subdivisions (a) and (b) do not apply to any judicial sale, including, but not limited to, a bankruptcy sale, conducted pursuant to a writ of execution or order of court.
(2) Subdivision (b) does not apply to any lien sale if the lienholder does both of the following:
(A) Gives the notice required by subdivisions (a) and (b) of Section 5900.
(B) Notifies the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this subparagraph shall be evidenced by the signature of the buyer.
(f) The exceptions in this section do not apply to any requirements for registration of a vehicle pursuant to Section 4000.1, 4000.2, or 4000.3.
(g) Except as otherwise provided in subdivision (e), any public agency or auctioneer which sells, at public auction, any vehicle specified in subdivision (b) of Section 24007, which is registered to a public agency or a public utility, shall provide each bidder with a notice in writing that a certificate of compliance is required to be obtained, certifying that the vehicle complies with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, before the vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off-highway use. Prior to the sale of the vehicle, a public agency or public utility shall remove the license plates from the vehicle and surrender them to the department. The purchaser of the vehicle shall be given a bill of sale which includes, in addition to any other required information, the vehicle's last issued license plate number.
Except for vehicles sold to a dealer or for the purpose of
being wrecked or dismantled or sold exclusively for off-highway use,
a salvage pool shall do both of the following:
(a) Give the notice required by subdivisions (a) and (b) of Section 5900.
(b) Notify the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and to register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this paragraph shall be evidenced by the signature of the buyer.
(a) Give the notice required by subdivisions (a) and (b) of Section 5900.
(b) Notify the buyer that California law requires that the buyer obtain a certificate of compliance or noncompliance and to register the vehicle with the department, and that failure to comply will result in a lien against any vehicle owned by the buyer pursuant to Section 10876 of the Revenue and Taxation Code, enforceable pursuant to Section 10877 of the Revenue and Taxation Code and Article 6 (commencing with Section 9800) of Chapter 6 of Division 3. Receipt of the notice required by this paragraph shall be evidenced by the signature of the buyer.
It is unlawful to operate any passenger vehicle, or
commercial vehicle under 6,000 pounds, which has been modified from
the original design so that any portion of the vehicle, other than
the wheels, has less clearance from the surface of a level roadway
than the clearance between the roadway and the lowermost portion of
any rim of any wheel in contact with the roadway.
(a) No person shall operate any motor vehicle with a frame
height or body floor height greater than specified in subdivisions
(b) and (c).
(b) The maximum frame height is as follows:
(b) The maximum frame height is as follows:
Vehicle Type Frame Height
(1) Passenger vehicles, except 23 inches
housecars ...........................
(2) All other motor vehicles,
including housecars,
as follows:
Up to 4,500 pounds GVWR ............. 27 inches
4,501 to 7,500 pounds GVWR .......... 30 inches
7,501 to 10,000 pounds GVWR ......... 31 inches
(c) The lowest portion of the body floor shall not be more than
five inches above the top of the frame.
(d) The following definitions govern the construction of this section:
(1) "Frame" means 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.
(2) "Frame height" means the vertical distance between the ground and the lowest point on the frame, measured when the vehicle is unladen on a level surface at the lowest point on the frame midway between the front axle and the second axle on the vehicle.
(3) "GVWR" means the manufacturer's gross vehicle weight rating, as defined in Section 390, whether or not the vehicle is modified by use of parts not originally installed by the manufacturer.
(d) The following definitions govern the construction of this section:
(1) "Frame" means 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.
(2) "Frame height" means the vertical distance between the ground and the lowest point on the frame, measured when the vehicle is unladen on a level surface at the lowest point on the frame midway between the front axle and the second axle on the vehicle.
(3) "GVWR" means the manufacturer's gross vehicle weight rating, as defined in Section 390, whether or not the vehicle is modified by use of parts not originally installed by the manufacturer.
No person shall sell or offer for sale a new motor truck,
truck tractor, or bus that is not equipped with an identification
plate or marking bearing the manufacturer's name and the manufacturer'
s gross vehicle weight rating of such vehicle.
(a) No person engaged in the rental of any vehicle, for
periods of 30 days or less, shall rent, lease or otherwise allow the
operation of such vehicle unless all of the following requirements
are met:
(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.
(2) The vehicle conforms to all applicable federal motor vehicle safety standards established under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381 et seq.) and the regulations adopted under that act.
(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.
(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.
(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that person's place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered.
(1) All necessary equipment required by this code and regulations adopted pursuant to this code for the operation of the vehicle upon a highway has been provided or offered to the lessee for his or her use.
(2) The vehicle conforms to all applicable federal motor vehicle safety standards established under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381 et seq.) and the regulations adopted under that act.
(3) The vehicle is mechanically sound and safe to operate within the meaning of Section 24002.
(b) In order to ensure compliance with this section, the department may conduct periodic inspections, without prior notice, of the business premises of persons engaged in the rental of vehicles for periods of 30 days or less and of the vehicles themselves, for the purpose of ascertaining that the vehicles are in compliance with this section. Any vehicle which is found not in compliance shall not be rented or leased until proof of full compliance with this section is made to the satisfaction of the department.
(c) The contract or rental agreement shall include the name of the person from whom the vehicle is rented, leased or obtained, the address of that person's place of business in this state where the vehicle is rented, leased, or delivered, and a statement of any required equipment refused by the person to whom the vehicle is rented, leased, or delivered.
Whenever a federal motor vehicle safety standard is
established under federal law (49 U.S.C. Sec. 30101 et seq.), no
dealer shall sell or offer for sale a vehicle to which the standard
is applicable, and no person shall sell or offer for sale for use
upon a vehicle an item of equipment to which the standard is
applicable, unless:
(a) The vehicle or equipment conforms to the applicable federal standard.
(b) The vehicle or equipment bears thereon a certification by the manufacturer or distributor that it complies with the applicable federal standards. The certification may be in the form of a symbol prescribed in the federal standards or, if there is no federal symbol, by a symbol acceptable to the department.
(a) The vehicle or equipment conforms to the applicable federal standard.
(b) The vehicle or equipment bears thereon a certification by the manufacturer or distributor that it complies with the applicable federal standards. The certification may be in the form of a symbol prescribed in the federal standards or, if there is no federal symbol, by a symbol acceptable to the department.
(a) Every manufacturer or importer of new passenger
vehicles for sale or lease in this state, shall affix to a window or
the windshield of the vehicle a notice with either of the following
statements, whichever is appropriate:
(1) "This vehicle is equipped with bumpers that can withstand an impact of 2.5 miles per hour with no damage to the vehicle's body and safety systems, although the bumper and related components may sustain damage. The bumper system on this vehicle conforms to the current federal bumper standard of 2.5 miles per hour. "
(2) "This vehicle is equipped with a front bumper of a type that has been tested at an impact speed of (here specify the appropriate number) miles per hour, and a rear bumper of a type that has been tested at an impact speed of (here specify the appropriate number) miles per hour, resulting in no damage to the vehicle's body and safety systems and minimal damage to the bumper and attachment hardware. "Minimal damage to the bumper' means minor cosmetic damage that can be repaired with the use of common repair materials and without replacing any parts. The stronger the bumper, the less likely the vehicle will require repair after a low-speed collision. This vehicle exceeds the current federal bumper standard of 2.5 miles per hour."
(b) The impact speed required to be specified in the notice pursuant to paragraph (2) of subdivision (a) is the maximum speed of impact upon the bumper of the vehicle at which the vehicle sustains no damage to the body and safety systems and only minimal damage to the bumper when subjected to the fixed barrier and pendulum impact tests, and when subjected to the corner impact test at not less than 60 percent of that maximum speed, conducted pursuant to Part 581 of Title 49 of the Code of Federal Regulations.
(c) (1) A manufacturer who willfully fails to affix the notice required by subdivision (a), or willfully misstates any information in the notice, is guilty of a misdemeanor, which shall be punishable by a fine of not more than five hundred dollars ($500). Each failure or misstatement is a separate offense.
(2) A person who willfully defaces, alters, or removes the notice required by subdivision (a) prior to the delivery of the vehicle, to which the notice is required to be affixed, to the registered owner or lessee is guilty of a misdemeanor, which shall be punishable by a fine of not more than five hundred dollars ($500). Each willful defacement, alteration, or removal is a separate offense.
(d) For purposes of this section, the following terms have the following meanings:
(1) "Manufacturer" is any person engaged in the manufacture or assembly of new passenger vehicles for distribution or sale, and includes an importer of new passenger vehicles for distribution or sale and any person who acts for, or is under the control of, a manufacturer in connection with the distribution or sale of new passenger vehicles.
(2) "Passenger vehicle" means, notwithstanding Section 465, a motor vehicle subject to impact testing conducted pursuant to Part 581 of Title 49 of the Code of Federal Regulations.
(3) "No damage" means that, when a passenger vehicle is subjected to impact testing, conducted pursuant to the conditions and test procedures of Sections 581.6 and 581.7 of Part 581 of Title 49 of the Code of Federal Regulations, the vehicle sustains no damage to the body and safety systems.
(4) For purposes of paragraph (2) of subdivision (a) and subdivision (b), "minimal damage to the bumper and attachment hardware" means damage that can be repaired with the use of common repair materials and without replacing any parts. In addition, not later than 30 minutes after completion of each pendulum or barrier impact test, the bumper face bar shall have no permanent deviation greater than three-quarters of one inch from its original contour and position relative to the vehicle frame and no permanent deviation greater than three-eighths of one inch from its original contour on areas of contact with the barrier face or impact ridge of the pendulum test device, measured from a straight line connecting the bumper contours adjoining the contact area.
(e) The notice required by this section may be included in any notice or label required by federal law to be affixed to a window or windshield of the vehicle.
(1) "This vehicle is equipped with bumpers that can withstand an impact of 2.5 miles per hour with no damage to the vehicle's body and safety systems, although the bumper and related components may sustain damage. The bumper system on this vehicle conforms to the current federal bumper standard of 2.5 miles per hour. "
(2) "This vehicle is equipped with a front bumper of a type that has been tested at an impact speed of (here specify the appropriate number) miles per hour, and a rear bumper of a type that has been tested at an impact speed of (here specify the appropriate number) miles per hour, resulting in no damage to the vehicle's body and safety systems and minimal damage to the bumper and attachment hardware. "Minimal damage to the bumper' means minor cosmetic damage that can be repaired with the use of common repair materials and without replacing any parts. The stronger the bumper, the less likely the vehicle will require repair after a low-speed collision. This vehicle exceeds the current federal bumper standard of 2.5 miles per hour."
(b) The impact speed required to be specified in the notice pursuant to paragraph (2) of subdivision (a) is the maximum speed of impact upon the bumper of the vehicle at which the vehicle sustains no damage to the body and safety systems and only minimal damage to the bumper when subjected to the fixed barrier and pendulum impact tests, and when subjected to the corner impact test at not less than 60 percent of that maximum speed, conducted pursuant to Part 581 of Title 49 of the Code of Federal Regulations.
(c) (1) A manufacturer who willfully fails to affix the notice required by subdivision (a), or willfully misstates any information in the notice, is guilty of a misdemeanor, which shall be punishable by a fine of not more than five hundred dollars ($500). Each failure or misstatement is a separate offense.
(2) A person who willfully defaces, alters, or removes the notice required by subdivision (a) prior to the delivery of the vehicle, to which the notice is required to be affixed, to the registered owner or lessee is guilty of a misdemeanor, which shall be punishable by a fine of not more than five hundred dollars ($500). Each willful defacement, alteration, or removal is a separate offense.
(d) For purposes of this section, the following terms have the following meanings:
(1) "Manufacturer" is any person engaged in the manufacture or assembly of new passenger vehicles for distribution or sale, and includes an importer of new passenger vehicles for distribution or sale and any person who acts for, or is under the control of, a manufacturer in connection with the distribution or sale of new passenger vehicles.
(2) "Passenger vehicle" means, notwithstanding Section 465, a motor vehicle subject to impact testing conducted pursuant to Part 581 of Title 49 of the Code of Federal Regulations.
(3) "No damage" means that, when a passenger vehicle is subjected to impact testing, conducted pursuant to the conditions and test procedures of Sections 581.6 and 581.7 of Part 581 of Title 49 of the Code of Federal Regulations, the vehicle sustains no damage to the body and safety systems.
(4) For purposes of paragraph (2) of subdivision (a) and subdivision (b), "minimal damage to the bumper and attachment hardware" means damage that can be repaired with the use of common repair materials and without replacing any parts. In addition, not later than 30 minutes after completion of each pendulum or barrier impact test, the bumper face bar shall have no permanent deviation greater than three-quarters of one inch from its original contour and position relative to the vehicle frame and no permanent deviation greater than three-eighths of one inch from its original contour on areas of contact with the barrier face or impact ridge of the pendulum test device, measured from a straight line connecting the bumper contours adjoining the contact area.
(e) The notice required by this section may be included in any notice or label required by federal law to be affixed to a window or windshield of the vehicle.
(a) Nothing in Chapter 20.4 (commencing with Section
9889.50) of Division 3 of the Business and Professions Code, shall be
construed as having any effect on the existing inspection program
conducted by the department. Rather, it is the intent of the
Legislature that such program continue and that a cooperative
relationship between the department and the Department of Consumer
Affairs be established, under which the department can inform the
Department of Consumer Affairs of the results and experiences of the
department in order to provide data on exhaust and noise emission
control device tampering and performance deterioration following
mandatory inspections.
All lighting equipment or devices subject to requirements
established by the department shall comply with the engineering
requirements and specifications, including mounting and aiming
instructions, determined and publicized by the department.
No new motor vehicle shall be sold unless the seller
provides the buyer with a statement of the minimum octane number of
the gasoline for such vehicle.
As used in this section "octane number" means the octane number of
the gasoline adopted by the Federal Trade Commission, and if the
Federal Trade Commission does not adopt an octane number, then the
American Society for Testing Materials research octane number of the
gasoline as defined by Section 20710 of the Business and Professions
Code.
(a) No dealer shall sell, offer for sale, or display for
sale any new light duty truck with a manufacturer's gross vehicle
weight rating of 8,500 pounds or less unless there is securely
affixed to the windshield or side window of the light duty truck a
label on which the manufacturer has endorsed clearly, distinctly, and
legibly, true and correct entries disclosing the following
information concerning the light duty truck:
(1) The make, model, and serial or identification number or numbers.
(2) The retail price of the light duty truck as suggested by the manufacturer.
(3) The retail delivered price, as suggested by the manufacturer, for each accessory or item of optional equipment which is physically attached to the light duty truck at the time of its delivery to the dealer and which is not included within the price of the light duty truck as stated pursuant to paragraph (2).
(4) The amount charged, if any, to the dealer for the transportation of the light duty truck to the location at which it is delivered to the dealer.
(5) The total of the amounts specified pursuant to paragraphs (2), (3), and (4).
(b) Subdivision (a) applies to every light duty truck sold, offered for sale, or displayed in California which is manufactured on or after September 1, 1988.
(1) The make, model, and serial or identification number or numbers.
(2) The retail price of the light duty truck as suggested by the manufacturer.
(3) The retail delivered price, as suggested by the manufacturer, for each accessory or item of optional equipment which is physically attached to the light duty truck at the time of its delivery to the dealer and which is not included within the price of the light duty truck as stated pursuant to paragraph (2).
(4) The amount charged, if any, to the dealer for the transportation of the light duty truck to the location at which it is delivered to the dealer.
(5) The total of the amounts specified pursuant to paragraphs (2), (3), and (4).
(b) Subdivision (a) applies to every light duty truck sold, offered for sale, or displayed in California which is manufactured on or after September 1, 1988.
(a) No dealer shall sell, offer for sale, or display, any
new, assembled motorcycle on its premises, unless there is securely
attached to its handlebar a label, approved by the Department of
Motor Vehicles, furnished by the manufacturer, on which the
manufacturer shall clearly indicate the following:
(1) The recommended retail price of the motorcycle.
(2) The recommended price for each accessory or item of optional equipment physically attached to the motorcycle at the time of its delivery to the dealer.
(b) The dealer shall clearly indicate on the label, furnished by the manufacturer, the following:
(1) The amount charged, if any, over and above the suggested retail price for transportation to the dealership.
(2) The amount charged, if any, for the assembly, preparation, or both, of the motorcycle.
(3) The amount charged, if any, for each dealer added accessory or item of optional equipment.
(4) The total recommended retail price of the vehicle which shall be the aggregate value of paragraphs (1) and (2) of subdivision (a) and paragraphs (1), (2) and (3) of subdivision (b).
(1) The recommended retail price of the motorcycle.
(2) The recommended price for each accessory or item of optional equipment physically attached to the motorcycle at the time of its delivery to the dealer.
(b) The dealer shall clearly indicate on the label, furnished by the manufacturer, the following:
(1) The amount charged, if any, over and above the suggested retail price for transportation to the dealership.
(2) The amount charged, if any, for the assembly, preparation, or both, of the motorcycle.
(3) The amount charged, if any, for each dealer added accessory or item of optional equipment.
(4) The total recommended retail price of the vehicle which shall be the aggregate value of paragraphs (1) and (2) of subdivision (a) and paragraphs (1), (2) and (3) of subdivision (b).
(a) Motorized bicycles shall comply with those federal motor
vehicle safety standards established under the National Traffic and
Motor Vehicle Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.)
which are applicable to a motor-driven cycle, as that term is defined
in such federal standards. Such standards include, but are not
limited to, provisions requiring a headlamp, taillamp, stoplamp, side
and rear reflex reflectors, and adequate brakes.
(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.
(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.
(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, and an adequate muffler as required in subdivision (a) of Section 27150.
(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.
(a) An electric bicycle described in subdivision (a) of
Section 312.5 shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver' s licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.
(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless he or she appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver' s licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.
(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless he or she appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.
A commercial motor vehicle, as defined in Section 260,
operated by a motor carrier, whether the motor carrier is a private
company or a public agency shall be equipped with a speedometer that
shall be maintained in good working order. The speedometer shall
indicate the vehicle's speed in miles per hour or kilometers (km) per
hour and shall be accurate to within plus or minus 5 miles per hour
(8 km/hour) at a speed of 50 miles per hour (80 km/hour).
(a) Every transit bus operated by a motor carrier, whether
that motor carrier is a private company or a public agency, that
provides public transportation services shall be equipped with a
two-way communication device that enables the driver to contact the
motor carrier in the event of an emergency. The two-way communication
devices shall be maintained in good working order.
(b) For the purposes of this section, "two-way communication device" is a radio, cellular telephone, or other similar device permitting communication between the transit bus driver and personnel responsible for the safety of operations of the motor carrier, including, but not limited to, the motor carrier's dispatcher.
(c) This section does not apply to buses operated by a school district or on behalf of a school district.
(d) The commissioner shall upon request grant a nonrenewable one year extension to any motor carrier to comply with the requirements of this section.
(e) Nothing in this section shall require a motor carrier to replace an existing two-way communication device that currently meets the requirements of this section.
(b) For the purposes of this section, "two-way communication device" is a radio, cellular telephone, or other similar device permitting communication between the transit bus driver and personnel responsible for the safety of operations of the motor carrier, including, but not limited to, the motor carrier's dispatcher.
(c) This section does not apply to buses operated by a school district or on behalf of a school district.
(d) The commissioner shall upon request grant a nonrenewable one year extension to any motor carrier to comply with the requirements of this section.
(e) Nothing in this section shall require a motor carrier to replace an existing two-way communication device that currently meets the requirements of this section.
