Article 1. Violation Of Code of California Vehicle Code >> Division 17. >> Chapter 1. >> Article 1.

Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of this code, or any local ordinance adopted pursuant to this code.

A violation expressly declared to be a felony, or a public offense which is punishable, in the discretion of the court, either as a felony or misdemeanor, or a willful violation of a court order which is punishable as contempt pursuant to subdivision (a) of Section 42003, is not an infraction.

A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 20, relating to false statements. Section 27, relating to impersonating a member of the California Highway Patrol. Section 31, relating to giving false information. Paragraph (3) of subdivision (a), or subdivision (b), or both, of Section 221, relating to proper evidence of clearance for dismantling.

A violation of any of the following is a misdemeanor and not an infraction:
  (a) Subdivision (b) of Section 1808.1, relating to enrollment in the pull notice system.
  (b) Subdivision (f) of Section 1808.1, relating to employment of disqualified drivers.

A violation of Section 1808.45, relating to unauthorized disclosure of department records, is a misdemeanor, and not an infraction.

A violation of Section 2430.5 or 2432, relating to emergency road service, is a misdemeanor and not an infraction.

(a) A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (1) Section 2416, relating to regulations for emergency vehicles.
  (2) Section 2800, relating to failure to obey an officer's lawful order or submit to a lawful inspection.
  (3) Section 2800.1, relating to fleeing from a peace officer.
  (4) Section 2801, relating to failure to obey a firefighter's lawful order.
  (5) Section 2803, relating to unlawful vehicle or load.
  (6) Section 2813, relating to stopping for inspection.
  (7) Subdivisions (b), (c), and (d) of Section 4461 and subdivisions (b) and (c) of Section 4463, relating to disabled person placards and disabled person and disabled veteran license plates.
  (8) Section 4462.5, relating to deceptive or false evidence of vehicle registration.
  (9) Section 4463.5, relating to deceptive or facsimile license plates.
  (10) Section 5500, relating to the surrender of registration documents and license plates before dismantling may begin.
  (11) Section 5506, relating to the sale of a total loss salvage vehicle, or of a vehicle reported for dismantling by a salvage vehicle rebuilder.
  (12) Section 5753, relating to delivery of certificates of ownership and registration when committed by a dealer or any person while a dealer within the preceding 12 months.
  (13) Section 5901, relating to dealers and lessor-retailers giving notice.
  (14) Section 5901.1, relating to lessors giving notice and failure to pay fee.
  (15) Section 8802, relating to the return of canceled, suspended, or revoked certificates of ownership, registration cards, or license plates, when committed by any person with intent to defraud.
  (16) Section 8803, relating to return of canceled, suspended, or revoked documents and license plates of a dealer, manufacturer, remanufacturer, transporter, dismantler, or salesman.
  (b) This section shall become operative on January 1, 2001.

A violation of Section 23112.5, relating to notification of an on-highway hazardous material or hazardous waste spill, is a misdemeanor and not an infraction.

A violation of Article 7 (commencing with Section 2570) of Chapter 2.5 of Division 2, relating to transportation of school pupils, is a misdemeanor, and not an infraction.

A violation of any of the following provisions is a misdemeanor, and not an infraction: Section 9872, relating to the registration of vessels. Section 9872.1, relating to unidentified vessels.

A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 10501, relating to false report of vehicle theft. Sections 10750 and 10751, relating to altered or defaced vehicle identifying numbers. Section 10851.5, relating to theft of binder chains. Sections 10852 and 10853, relating to injuring or tampering with a vehicle. Section 10854, relating to unlawful use of stored vehicle.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations.
  (b) Section 12500, subdivision (a), relating to unlicensed drivers.
  (c) Section 12515, subdivision (b), relating to persons under 21 years of age driving, and the employment of those persons to drive, vehicles engaged in interstate commerce or transporting hazardous substances or wastes.
  (d) Section 12517, relating to a special driver's certificate to operate a schoolbus or school pupil activity bus.
  (e) Section 12517.45, relating to a special driver's certificate and vehicle inspection for the transportation of pupils to or from school-related activities by a passenger charter-party carrier as defined in subdivision (k) of Section 545.
  (f) Section 12519, subdivision (a), relating to a special driver's certificate to operate a farm labor vehicle.
  (g) Section 12520, relating to a special driver's certificate to operate a tow truck.
  (h) Section 12804, subdivision (d), relating to medical certificates.
  (i) Section 12951, subdivision (b), relating to refusal to display license.
  (j) Section 13004, relating to unlawful use of an identification card.
  (k) Section 13004.1, relating to identification documents.
  (l) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to driving with a suspended or revoked driver's license.
  (m) Section 14604, relating to unlawful use of a vehicle.
  (n) Section 14610, relating to unlawful use of a driver's license.
  (o) Section 14610.1, relating to identification documents.
  (p) Section 15501, relating to use of false or fraudulent license by a minor.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Section 16560, relating to interstate highway carriers.
  (b) Sections 20002 and 20003, relating to duties at accidents.
  (c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.
  (d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.
  (e) Subdivision (c) of Section 21655.9, relating to illegal use of decals, labels, or other identifiers.
  (f) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.
  (g) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.
  (h) This section shall remain in effect only until the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5, and as of that date is repealed.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Section 16560, relating to interstate highway carriers.
  (b) Sections 20002 and 20003, relating to duties at accidents.
  (c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.
  (d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.
  (e) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.
  (f) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.
  (g) This section shall become operative on the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5.

A violation of subdivision (b) or (c) of Section 21367 is an infraction, except as follows:
  (a) A willful violation is a misdemeanor.
  (b) A willful violation committed in a manner exhibiting a wanton disregard for the safety of persons is a misdemeanor punishable by imprisonment in the county jail for not more than one year.

A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating to unlawfully towed or stored vehicles. Sections 23103 and 23104, relating to reckless driving. Section 23109, relating to speed contests or exhibitions. Subdivision (a) of Section 23110, relating to throwing at vehicles. Section 23152, relating to driving under the influence. Subdivision (b) of Section 23222, relating to possession of marijuana. Subdivision (a) or (b) of Section 23224, relating to persons under 21 years of age knowingly driving, or being a passenger in, a motor vehicle carrying any alcoholic beverage. Section 23253, relating to directions on toll highways or vehicular crossings. Section 23332, relating to trespassing. Section 24002.5, relating to unlawful operation of a farm vehicle. Section 24011.3, relating to vehicle bumper strength notices. Section 27150.1, relating to sale of exhaust systems. Section 27362, relating to child passenger seat restraints. Section 28050, relating to true mileage driven. Section 28050.5, relating to nonfunctional odometers. Section 28051, relating to resetting odometers. Section 28051.5, relating to devices to reset odometers. Subdivision (d) of Section 28150, relating to possessing four or more jamming devices.

A second or subsequent violation of Section 23114, relating to preventing the escape of materials from vehicles, occurring within two years of a prior violation of that section is a misdemeanor, and not an infraction.

A violation of subdivision (b) of Section 31401 or Section 31402 or 31403, relating to farm labor vehicles, is a misdemeanor and not an infraction.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Section 31303, relating to transportation of hazardous waste.
  (b) Division 14 (commencing with Section 31600), relating to transportation of explosives.
  (c) Division 14.1 (commencing with Section 32000), relating to the transportation of hazardous material.
  (d) Division 14.3 (commencing with Section 32100), relating to transportation of inhalation hazards.
  (e) Division 14.5 (commencing with Section 33000), relating to transportation of radioactive materials.
  (f) Division 14.7 (commencing with Section 34001), relating to flammable liquids.

A third or subsequent violation of Section 23225, relating to the storage of an opened container of an alcoholic beverage, or Section 23223, relating to the possession of an open container of an alcoholic beverage, by a driver of a vehicle used to provide transportation services on a prearranged basis, operating under a valid certificate or permit pursuant to the Passenger Charter-party Carriers' Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code), is a misdemeanor.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Subdivision (a) of Section 34506, relating to the hours of service of drivers.
  (b) Subdivision (b) of Section 34506, relating to the transportation of hazardous materials.
  (c) Subdivision (c) of Section 34506, relating to schoolbuses.
  (d) Subdivision (d) of Section 34506, relating to youth buses.
  (e) Section 34505 or subdivision (e) of Section 34506, relating to tour buses.
  (f) Section 34505.5 or subdivision (f) of Section 34506, relating to vehicles described in subdivisions (a) to (g), inclusive, of Section 34500.
  (g) Subdivision (a) of Section 34501.3, relating to unlawful scheduling of runs by motor carriers.
  (h) Subdivision (g) of Section 34506, relating to school pupil activity buses.
  (i) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 34505.9, relating to intermodal chassis.

(a) A violation of subdivision (e) of Section 34501, subdivision (b) or (d) of Section 34501.12, or subdivision (c) of Section 34501.14, relating to applications for inspections, is a misdemeanor and not an infraction.
  (b) A violation of Division 14.85 (commencing with Section 34600), relating to motor carriers of property, is a misdemeanor and not an infraction.
  (c) This section shall become operative on January 1, 2016.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
  (a) Paragraph (1) of subdivision (c) of Section 35784, relating to special permit violations.
  (b) Subdivision (a) of Section 35784.5 relating to extralegal loads and operation of vehicles without a special permit.
  (c) Other provisions of Chapter 5 (commencing with Section 35550) of Division 15, which relate to weight restrictions, except in cases of weight violations where the amount of excess weight is less than 4,501 pounds.

A violation of any of the following provisions shall constitute a misdemeanor and not an infraction:
  (a) Subdivision (c) of Section 38301.5, relating to unauthorized operation of a vehicle within a mountain fire district.
  (b) Section 38316, relating to reckless driving.
  (c) Section 38317, relating to reckless driving with injury.
  (d) Subdivision (a) of Section 38318 or subdivision (a) of Section 38318.5, relating to off-highway vehicles.
  (e) Section 38319, relating to protection of the environment.
  (f) Section 38320, relating to the depositing of matter.

A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 40005, relating to owner's responsibility. Section 40504, relating to false signatures. Section 40508, relating to failure to appear or to pay fine. Section 40519, relating to failure to appear. Section 40614, relating to use of a fictitious name. Section 40616, relating to a willful violation of a notice to correct. Section 42005, relating to failure to attend traffic school.

A violation of subdivision (g) of Section 34501.12 or subdivision (d) of Section 34501.14, relating to inspections, is a misdemeanor and not an infraction.

Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code or any local ordinance adopted pursuant to this code within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. This section shall have no application to violations by pedestrians.

(a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a highway in any manner contrary to law.
  (b) It is unlawful for an owner to request, cause, or permit the operation of any vehicle that is any of the following:
  (1) Not registered or for which any fee has not been paid under this code.
  (2) Not equipped as required in this code.
  (3) Not in compliance with the size, weight, or load provisions of this code.
  (4) Not in compliance with the regulations promulgated pursuant to this code, or with applicable city or county ordinances adopted pursuant to this code.
  (5) Not in compliance with the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and the rules and regulations of the State Air Resources Board.
  (c) Any employer who violates an out-of-service order, that complies with Section 396.9 of Title 49 of the Code of Federal Regulations, or who knowingly requires or permits a driver to violate or fail to comply with that out-of-service order, is guilty of a misdemeanor.
  (d) An employer who is convicted of allowing, permitting, requiring, or authorizing a driver to operate a commercial motor vehicle in violation of any statute or regulation pertaining to a railroad-highway grade crossing is subject to a fine of not more than ten thousand dollars ($10,000).
  (e) Whenever a violation is chargeable to the owner or lessee of a vehicle pursuant to subdivision (a) or (b), the driver shall not be arrested or cited for the violation unless the vehicle is registered in a state or country other than California, or unless the violation is for an offense that is clearly within the responsibility of the driver.
  (f) Whenever the owner, or lessee, or any other person is prosecuted for a violation pursuant to this section, the court may, on the request of the defendant, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. However, the court may make the driver a codefendant only if the driver is the owner or lessee of the vehicle, or the driver is an employee or a contractor of the defendant who requested the court to make the driver a codefendant. If the codefendant is held solely responsible and found guilty, the court may dismiss the charge against the defendant.
  (g) In any prosecution under this section, it is a rebuttable presumption that any person who gives false or erroneous information in a written certification of actual gross cargo weight has directed, requested, caused, or permitted the operation of a vehicle in a manner contrary to law in violation of subdivision (a) or (b), or both.

(a) (1) If there is a violation of Section 40001, an owner or any other person subject to Section 40001, who was not driving the vehicle involved in the violation, may be mailed a written notice to appear. An exact and legible duplicate copy of that notice when filed with the court, in lieu of a verified complaint, is a complaint to which the defendant may plead "guilty."
  (2) If, however, the defendant fails to appear in court or does not deposit lawful bail, or pleads other than "guilty" of the offense charged, a verified complaint shall be filed which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by the defendant and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.
  (3) A verified complaint pursuant to paragraph (2) shall include a paragraph that informs the person that unless he or she appears in the court designated in the complaint within 21 days after being given the complaint and answers the charge, renewal of registration of the vehicle involved in the offense may be precluded by the department, or a warrant of arrest may be issued against him or her.
  (b) (1) If a person mailed a notice to appear pursuant to paragraph (1) of subdivision (a) fails to appear in court or deposit bail, a warrant of arrest shall not be issued based on the notice to appear, even if that notice is verified. An arrest warrant may be issued only after a verified complaint pursuant to paragraph (2) of subdivision (a) is given the person and the person fails to appear in court to answer that complaint.
  (2) If a person mailed a notice to appear pursuant to paragraph (1) of subdivision (a) fails to appear in court or deposit bail, the court may give by mail to the person a notice of noncompliance. A notice of noncompliance shall include a paragraph that informs the person that unless he or she appears in the court designated in the notice to appear within 21 days after being given by mail the notice of noncompliance and answers the charge on the notice to appear, or pays the applicable fine and penalties if an appearance is not required, renewal of registration of the vehicle involved in the offense may be precluded by the department.
  (c) A verified complaint filed pursuant to this section shall conform to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code.
  (d) (1) The giving by mail of a notice to appear pursuant to paragraph (1) of subdivision (a) or a notice of noncompliance pursuant to paragraph (2) of subdivision (b) shall be done in a manner prescribed by Section 22.
  (2) The verified complaint pursuant to paragraph (2) of subdivision (a) shall be given in a manner prescribed by Section 22.

(a) Whenever a person has failed to appear in the court designated in the notice to appear or a verified complaint specified in Section 40002, following personal service of the notice of noncompliance or deposit in the mail pursuant to Section 22, the magistrate or clerk of the court may give notice of that fact to the department.
  (b) Whenever the matter is adjudicated, including a dismissal of the charges upon forfeiture of bail or otherwise, the magistrate or clerk of the court hearing the matter shall immediately do all of the following:
  (1) Endorse a certificate to that effect.
  (2) Provide the person or the person's attorney with a copy of the certificate.
  (3) Transmit a copy of the certificate to the department.
  (c) A notice of noncompliance shall not be transmitted to the department pursuant to subdivision (a) if a warrant of arrest has been issued on the same offense pursuant to subdivision (b) of Section 40002. A warrant of arrest shall not be issued pursuant to subdivision (b) of Section 40002 if a notice of noncompliance has been transmitted to the department on the same offense pursuant to this section, except that, when a notice has been received by the court pursuant to subdivision (c) of Section 4766 or recalled by motion of the court, a warrant may then be issued.

Whenever an employee is prosecuted for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight, registration, equipment, or loading of a vehicle while operating a vehicle he was employed to operate, and which is owned by his employer, the court shall on the request of the employee take appropriate proceedings to make the owner of the vehicle a codefendant. In the event it is found that the employee had reasonable grounds to believe that the vehicle operated by him as an employee did not violate such provisions, and in the event the owner is found guilty under the provisions of Section 40001, the court may dismiss the charges against the employee. In those cases in which the charges against the employee are dismissed, the abstract of the record of the court required by Section 1803 shall clearly indicate that such charges were dismissed and that the owner of the vehicle was found guilty under Section 40001.

(a) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway Patrol shall, if the offense is a misdemeanor, expire one year from time of discovery of such act.
  (b) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the Department of the California Highway Patrol shall, if the offense is a felony, expire three years from time of discovery of such act.
  (c) The time allowed for commencing criminal proceedings as provided in subdivisions (a) and (b) of this section shall not extend beyond five years from the date of commission of the act.

Whenever a driver is cited for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight, equipment, registration, fees, or loading of a vehicle, while operating a vehicle he was employed or otherwise directed to operate, and which is not owned by him, and the driver gives the citation to the owner or any other person referred to in Section 40001, if the owner or other person undertakes to answer the charge or otherwise to cause its disposition without any further action by the driver and then fails to act in accordance with the undertaking as a consequence of which a warrant is issued for the arrest of the driver, the owner or other person is guilty of a misdemeanor.

Whenever a disabled vehicle, being taken to a repair shop, garage, or other place of storage, is being towed upon a highway by a tow car and the vehicle is determined to be in violation of subdivision (a) of Section 4000, the violation shall be charged as prescribed in Section 40001.

Division 5 (commencing with Section 11100) does not preclude the application of any other statutory provision which is applicable to any act violating any provision of Division 5.

(a) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than six months and by a fine of not more than two thousand five hundred dollars ($2,500).
  (b) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with the intent to capture any type of visual image, sound recording, or other physical impression of another person for a commercial purpose and who causes a minor child or children to be placed in a situation in which the child's person or health is endangered, is guilty of a misdemeanor and not an infraction and shall be punished by imprisonment in a county jail for not more than one year and by a fine of not more than five thousand dollars ($5,000).
  (c) Pursuant to Section 654 of the Penal Code, an act or omission described in subdivision (a) or (b) that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one provision bars a prosecution for the same act or omission under any other provision.