Administration and EnforcementLawful Orders and Inspections
Section § 2800
This law makes it illegal to ignore or refuse a lawful order, signal, or inspection by a police officer when they're in uniform. It also prohibits not complying with out-of-service orders given by the California Highway Patrol or other authorized officers, especially for drivers transporting hazardous materials or carrying 16 or more passengers. Failing to follow United States transportation authority's out-of-service orders is also unlawful. An 'out-of-service order' means that a vehicle or driver is not allowed to operate due to safety concerns. Plus, drivers of commercial vehicles must comply with vehicle inspections conducted by the Highway Patrol.
Section § 2800.1
This law in California states that if a person driving a vehicle intends to escape and deliberately tries to get away from a police officer in a marked police car or bicycle, they can be charged with a misdemeanor. This can lead to up to one year in jail. For a car chase, the police car must have red lights on, a siren sounding, and be clearly marked, operated by an officer in uniform. If on a bicycle, the officer must give verbal and hand commands, sound a loud horn, and be in uniform with a marked bicycle.
Section § 2800.2
This law makes it a crime to run away from or try to escape a police officer if you're driving in a way that shows you don't care about safety. If you're caught and convicted, you could go to state prison, or spend six months to a year in county jail. There's also a possible fine ranging from $1,000 to $10,000, or both jail time and a fine.
"Willful or wanton disregard for safety" means driving recklessly, such as committing three traffic violations or causing property damage while fleeing from the police.
Section § 2800.3
If you're driving a car and try to escape from a police officer who is chasing you, and this causes someone to get seriously hurt, you could go to state prison for three, five, or seven years, face jail time up to a year, pay a fine between $2,000 and $10,000, or both jail and fine.
If escaping from the police results in someone's death, you face state prison time of four, six, or ten years.
This section also clarifies that if there are other laws that call for a more severe punishment for causing a death, those laws can still apply. 'Serious bodily injury' here means the same as it does in a specific part of the Penal Code.
Section § 2800.4
If someone tries to run away from the police and drives against traffic on a highway, they can face serious consequences. This could include at least six months up to a year in county jail, time in state prison, a fine between $1,000 and $10,000, or both jail time and a fine if they are convicted.
Section § 2801
This law makes it illegal to intentionally ignore or refuse to follow any lawful instructions or signals given by a fire department member on duty. This applies when the member is wearing a fireman badge or insignia and is working to protect people and fire department equipment.
Section § 2802
This law allows traffic officers to stop vehicles they believe are unsafely loaded or oversized to inspect, measure, or weigh them. If nearby, the driver may be required to take the vehicle to a scale facility.
Additionally, certain inspection and scale facilities operated by the California Highway Patrol can have extended hours, potentially 24/7, to catch overweight vehicles. These facilities are strategically located near entry points and key routes in California.
Up to $1 million annually is allocated from the State Transportation Fund to support these expanded operations, and no additional funds are intended for this purpose.
Section § 2803
This law explains what happens when a traffic officer finds a vehicle not loaded safely or exceeding legal size or weight. Officers can instruct drivers to either remove or reload parts of the load to make it safe within legal limits. This should be done in areas that cause the least disruption to traffic. If the vehicle has a weight certificate or bill of lading proving it was overweight due to the load, this must be shown to the officer after making adjustments. Officers may document these adjustments on the certificate or bill and give it back to the driver. If a vehicle is too tall, wide, long, or heavy even without a load, officers can stop its movement until the driver gets a permit as described in another law section.
Section § 2804
If a California Highway Patrol officer thinks a vehicle is breaking the rules of the road or is unsafe, they can stop the driver to check the vehicle, its equipment, license plates, and registration card.
Section § 2805
This law allows certain law enforcement officers, such as those from the California Highway Patrol or local police departments, to inspect vehicles and their parts to check for stolen property. They can do this at places like garages, parking lots, or used car lots, or at sites where agricultural or construction work is happening. These inspections help determine if the vehicle or its parts are owned legally. The officers can also inspect other equipment like forklifts and special construction machines, especially if they are being transported on highways.
Inspections should be carried out in a way that doesn't disrupt businesses as much as possible.
Section § 2806
This law allows police officers and deputy sheriffs to stop a vehicle if they suspect it's unsafe or doesn't meet required equipment standards. The driver must allow the vehicle to be inspected and tested to ensure it is safe and follows the law.
Section § 2806.5
This law requires that when a peace officer stops a person, whether driving or walking, the officer must first explain the reason for the stop before asking questions about a crime or traffic violation. The officer must also write down the reason for the stop on any citation or police report.
However, if the officer believes there's an urgent threat to life or property, like in cases of terrorism or kidnapping, they can temporarily withhold the reason for the stop. This law becomes effective on January 1, 2024.
Section § 2807
The California Highway Patrol (CHP) must inspect every school bus at least once each school year to ensure it meets all legal requirements for construction, design, equipment, and color.
Additionally, a school bus cannot be driven unless it has a certificate from the CHP showing it passed inspection within the last 13 months. The CHP commissioner will set rules for issuing and displaying these certificates.
Section § 2807.1
Every year, the California Highway Patrol must inspect and certify school pupil activity buses to ensure they meet legal standards. This involves checking if the buses are in the proper condition as required by law.
Additionally, these buses must display a certificate from the Highway Patrol confirming that they were inspected and meet all applicable state laws. This certificate must be obtained within 13 months before the bus is used.
Section § 2807.2
This law requires the California Highway Patrol to create a guide for regular maintenance inspections of certain vehicles, like tour buses. Operators of these vehicles must follow the guide, have the inspections done, and keep signed records of each inspection for review by the Highway Patrol.
Section § 2807.3
This law requires the California Highway Patrol to inspect and certify every youth bus at least once each school year to ensure it meets legal standards.
Drivers cannot operate a youth bus without a certificate from the Highway Patrol confirming the bus passed inspection within the last 13 months. The inspection certificates must be distinct and are issued and displayed according to rules set by the Highway Patrol Commissioner.
The Highway Patrol Commissioner can also set a fee for these inspections to cover costs, which is collected and put into the State Transportation Fund.
Section § 2808
This law states that school buses carrying students to or from private schools must follow the same rules and regulations as those transporting public school students. These rules cover areas like how the buses are built, designed, operated, equipped, and their color.
However, there is an exception. If the Commissioner of the California Highway Patrol decides it's necessary for these buses to stay in operation, they can be exempt from certain rules. This is only allowed if it's determined that safety is maintained or achieved by other means. No exemptions are permitted if they compromise student safety.
Section § 2809
This law requires that all scales and weighing instruments used by the California Highway Patrol to enforce vehicle weight limits must be checked and certified for accuracy at least once a year. The inspections are done by the Bureau of Weights and Measures or a county sealer.
Section § 2810
This law allows a California Highway Patrol officer to stop and inspect vehicles carrying certain goods like timber, livestock, or oil to verify if the driver legally owns them. If there's reason to believe the driver is not legally in possession, the officer can take the vehicle and its cargo to the local sheriff.
The sheriff is responsible for taking care of the seized goods and working with the highway department to investigate and decide what to do next. Any costs the sheriff incurs for this task are covered by the county.
Section § 2810.1
This law allows traffic officers in California to stop and inspect rental commercial vehicles if they suspect the vehicle is transporting household goods illegally, as per the Household Movers Act. The officer must have probable cause to believe there's a violation before stopping the vehicle. If a driver is caught transporting goods unlawfully, they can be cited and punished under specific guidelines. Refusing the inspection is considered an infraction. Additionally, any citation given must be reported to the Chief of the Bureau of Household Goods and Services, and it can be removed from records if there is no conviction or bail forfeiture. Affected individuals can request an administrative hearing regarding the citation.
Section § 2810.2
This law allows peace officers to stop vehicles carrying visible agricultural irrigation supplies on certain unpaved or rock roads in counties that choose to apply this rule. The officers can inspect documents to ensure the driver legally possesses the goods, especially on roads managed by specified government agencies or large timberland zones.
If the officer believes the driver doesn't legally possess the supplies, they'll take custody of the vehicle and its contents and hand them over to the county sheriff. The sheriff is then responsible for the care and investigation of these supplies.
If stopping someone for this, the vehicle won't be impounded if the driver doesn't have a driving license under Section 12500, unless the vehicle's owner is found and allows another licensed driver to take the vehicle. Counties need to pass a resolution to enforce this law.
Section § 2811
If a traffic officer sees that a fence along a highway has been damaged because of a traffic accident, they must quickly inform the fence's owner, the person renting or living on the property, or someone responsible for the property. Alternatively, they can report it to their local department headquarters.
Section § 2812
If there are dangerous conditions like poisonous gas, explosives, smoke, or fire near a public highway, police or highway patrol officers can close the road to keep people safe. The agency responsible for that highway must be told right away why the road is closed and where it’s happening.
Section § 2812.5
If a California Highway Patrol officer decides that poor visibility, like fog or heavy rain, makes driving dangerous, they can stop certain regulated vehicles from using the highway for safety reasons.
Section § 2813
If you are driving a commercial vehicle, you must stop for inspections related to your vehicle's size, weight, equipment, load, and smoke emissions, as well as your own qualifications and work hours. This applies when the California Highway Patrol is conducting these tests and there are signs indicating you need to stop. If you don't stop when required, you are committing a misdemeanor, which is a criminal offense.
Section § 2813.5
This law states that only the commissioner has the authority to issue stickers that prove a commercial vehicle has passed safety inspections. They can also set and enforce rules about how these stickers should be given and shown on vehicles. Only authorized stickers are legal, and copying or creating fake ones is against the law. If someone uses or makes unauthorized inspection stickers, it's considered a misdemeanor crime.
Section § 2814
If you're driving a passenger vehicle in California, you must stop for inspections by the California Highway Patrol (CHP) when they have signs requiring you to do so. These inspections check your vehicle's mechanical condition and equipment. The CHP can also issue stickers to confirm that your car has passed inspection and is safe. These stickers should be placed on the windshield. If your car doesn't pass, further regulations will apply. Additionally, rules about pollution control devices also apply to federal vehicles, as allowed by law.
Section § 2814.1
This law allows a county's board of supervisors to set up vehicle inspection checkpoints to check for specific violations on county highways. These checkpoints look for improper exhaust emissions. Drivers must stop for these inspections if there are signs indicating so. If a county chooses to run this checkpoint program, they can pay for it using fines collected under a specific Penal Code. However, the law prohibits checkpoints that only target motorcycles.
Section § 2814.2
This law describes what happens at a sobriety checkpoint in California. First, drivers must stop for inspection when signs are posted. Second, police cannot impound a vehicle just because the driver is unlicensed unless no licensed person is available to take the car. Third, if a driver is unlicensed, the officer must try to find the vehicle's owner to release the car to a licensed driver. If no licensed driver is found, the vehicle may be towed, following specific legal procedures.
Section § 2815
This law states that if you ignore instructions from a school crossing guard who is not a student and is officially authorized, you are committing an infraction. This applies when the guard is performing their duty to protect people crossing the street near a school. If caught, you will face penalties specified in another section of the law.
Section § 2816
This law makes it illegal to let children get on or off a youth bus on a highway if they have to cross the road, unless there's a traffic officer or a traffic signal to ensure their safety.
Section § 2817
If you ignore any traffic signal or direction from a police officer escorting a funeral procession, while the officer is in uniform, you're breaking the law. This is considered a minor offense, known as an infraction, and you'll face penalties accordingly.
Section § 2818
This law makes it illegal to drive through areas that are marked with electronic beacons, flares, cones, or any combination of these, which are set up to manage traffic or assist with emergency situations where public safety workers are controlling traffic.