Section 31402 Of Article 2. Vehicles Transporting Workmen From California Vehicle Code >> Division 13. >> Chapter 5. >> Article 2.
31402
. (a) No person may operate any farm labor vehicle except as
may be necessary to return the unladen vehicle or combination of
vehicles to the residence or place of business of the owner or
driver, or to a garage, after notice by the department to the owner
that the vehicle is in an unsafe condition or is not equipped as
required by this code, or any regulations adopted thereunder, until
the vehicle and its equipment have been made to conform with the
requirements of this code, or any regulations adopted thereunder, and
approved by the department.
(b) (1) A person who operates a farm labor vehicle in violation of
this section while the vehicle is in a condition that presents an
immediate safety hazard is guilty of 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 subdivision may be suspended.
(2) As used in this subdivision, 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 that provision or those provisions.
(c) 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. A farm labor vehicle shall not
be impounded unless a member of that department determines that a
person has failed to comply with subdivision (a) or a person fails to
comply with a lawful out-of-service order, as described in
subdivision (b) of Section 2800.