Section § 40000.1

Explanation

This law states that if you break or don’t follow any rule in this code or any local rule made under it, you’re committing a minor legal offense called an infraction, unless some other part of the article says differently.

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.

Section § 40000.3

Explanation

This law section states that if a violation is explicitly called a felony, or if it's a public offense that the court can decide to treat either as a felony or a misdemeanor, or if it's a deliberate breaking of a court order punishable as contempt, it is not considered a minor infraction. An infraction is typically a less serious offense.

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.

Section § 40000.5

Explanation

In California, certain actions are more serious than minor offenses and are classified as misdemeanors, not infractions. These include making false statements, impersonating a California Highway Patrol officer, giving false information, and issues with documentation for dismantling vehicles. These actions are considered more severe due to their nature, affecting trust and safety.

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.

Section § 40000.6

Explanation

This law states that certain violations are considered misdemeanors. Specifically, it covers failing to enroll in the pull notice system, which allows employers to track the driving records of their drivers, and hiring drivers who are not legally qualified to operate vehicles. Both actions are treated as more serious than typical infractions.

A violation of any of the following is a misdemeanor and not an infraction:
(a)CA Vehicle Code § 40000.6(a) Subdivision (b) of Section 1808.1, relating to enrollment in the pull notice system.
(b)CA Vehicle Code § 40000.6(b) Subdivision (f) of Section 1808.1, relating to employment of disqualified drivers.

Section § 40000.7

Explanation

This law specifies that violating certain vehicle-related regulations is considered a misdemeanor, which is more serious than an infraction. It includes rules about emergency vehicle regulations, obeying officers' orders, fleeing from police, disabled parking placards, false vehicle registration, handling of salvage vehicles, and delivering ownership documents.

It also highlights responsibilities for dealers in terms of notifying about vehicle ownership changes and other documentation issues. The section became effective from January 1, 2001.

(a)CA Vehicle Code § 40000.7(a) A violation of any of the following provisions is a misdemeanor, and not an infraction:
(1)CA Vehicle Code § 40000.7(a)(1) Section 2416, relating to regulations for emergency vehicles.
(2)CA Vehicle Code § 40000.7(a)(2) Section 2800, relating to failure to obey an officer’s lawful order or submit to a lawful inspection.
(3)CA Vehicle Code § 40000.7(a)(3) Section 2800.1, relating to fleeing from a peace officer.
(4)CA Vehicle Code § 40000.7(a)(4) Section 2801, relating to failure to obey a firefighter’s lawful order.
(5)CA Vehicle Code § 40000.7(a)(5) Section 2803, relating to unlawful vehicle or load.
(6)CA Vehicle Code § 40000.7(a)(6) Section 2813, relating to stopping for inspection.
(7)CA Vehicle Code § 40000.7(a)(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)CA Vehicle Code § 40000.7(a)(8) Section 4462.5, relating to deceptive or false evidence of vehicle registration.
(9)CA Vehicle Code § 40000.7(a)(9) Section 4463.5, relating to deceptive or facsimile license plates.
(10)CA Vehicle Code § 40000.7(a)(10) Section 5500, relating to the surrender of registration documents and license plates before dismantling may begin.
(11)CA Vehicle Code § 40000.7(a)(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)CA Vehicle Code § 40000.7(a)(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)CA Vehicle Code § 40000.7(a)(13) Section 5901, relating to dealers and lessor-retailers giving notice.
(14)CA Vehicle Code § 40000.7(a)(14) Section 5901.1, relating to lessors giving notice and failure to pay fee.
(15)CA Vehicle Code § 40000.7(a)(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)CA Vehicle Code § 40000.7(a)(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)CA Vehicle Code § 40000.7(b) This section shall become operative on January 1, 2001.

Section § 40000.8

Explanation

This law states that breaking certain rules related to registering and identifying vessels is considered a misdemeanor, which is more serious than a simple infraction. Specifically, it talks about violations of rules on vessel registration and failure to identify vessels.

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.

Section § 40000.9

Explanation

This law section specifies that certain vehicle-related offenses are considered misdemeanors instead of minor violations known as infractions. The offenses include making a false report about a stolen vehicle, altering vehicle identification numbers, stealing binder chains, and tampering with or unlawfully using parked vehicles.

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.

Section § 40000.10

Explanation

This section outlines the penalties for driving without a valid driver's license in California. For a first or second offense, it's a $100 fine. However, if you have a prior suspension or revocation related to specific serious driving offenses, it can be treated as a misdemeanor or an infraction. The same applies if it's your third or subsequent offense.

A violation of subdivision (a) of Section 12500 shall be punished as follows:
(a)CA Vehicle Code § 40000.10(a) Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation.
(b)CA Vehicle Code § 40000.10(b) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (c) of Section 192 of the Penal Code, subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154.
(c)CA Vehicle Code § 40000.10(c) As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code for a third or subsequent violation.

Section § 40000.11

Explanation

This law outlines certain violations in California that are considered misdemeanors, rather than mere infractions. Violations include issues related to occupational licensing and vehicle business regulations, such as special certifications for operating school buses, farm labor vehicles, or tow trucks. It also covers rules for underage drivers in interstate commerce, misuse of licenses and ID cards, driving with a suspended license, and using false licenses.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.11(a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations.
(b)CA Vehicle Code § 40000.11(b) 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.
(c)CA Vehicle Code § 40000.11(c) Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.
(d)CA Vehicle Code § 40000.11(d) 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.
(e)CA Vehicle Code § 40000.11(e) Section 12519, subdivision (a), relating to a special driver’s certificate to operate a farm labor vehicle.
(f)CA Vehicle Code § 40000.11(f) Section 12520, relating to a special driver’s certificate to operate a tow truck.
(g)CA Vehicle Code § 40000.11(g) Section 12951, subdivision (b), relating to refusal to display license.
(h)CA Vehicle Code § 40000.11(h) Section 13004, relating to unlawful use of an identification card.
(i)CA Vehicle Code § 40000.11(i) Section 13004.1, relating to identification documents.
(j)CA Vehicle Code § 40000.11(j) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to driving with a suspended or revoked driver’s license.
(k)CA Vehicle Code § 40000.11(k) Section 14604, relating to unlawful use of a vehicle.
(l)CA Vehicle Code § 40000.11(l) Section 14610, relating to unlawful use of a driver’s license.
(m)CA Vehicle Code § 40000.11(m) Section 14610.1, relating to identification documents.
(n)CA Vehicle Code § 40000.11(n) Section 15501, relating to use of false or fraudulent license by a minor.

Section § 40000.13

Explanation

This law states that certain traffic violations in California are considered misdemeanors rather than minor infractions. These include issues related to interstate highway carriers, failing to perform duties after an accident, biking under the influence, driving the wrong way on highways, and misuse of carpool stickers. Repeated offenses for illegal vending near freeways or rest areas also fall under this category. The law will be repealed when a specific notice from the Director of Transportation is given to the Secretary of State.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.13(a) Section 16560, relating to interstate highway carriers.
(b)CA Vehicle Code § 40000.13(b) Sections 20002 and 20003, relating to duties at accidents.
(c)CA Vehicle Code § 40000.13(c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.
(d)CA Vehicle Code § 40000.13(d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.
(e)CA Vehicle Code § 40000.13(e) Subdivision (c) of Section 21655.9, relating to illegal use of decals, labels, or other identifiers.
(f)CA Vehicle Code § 40000.13(f) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.
(g)CA Vehicle Code § 40000.13(g) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.
(h)CA Vehicle Code § 40000.13(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.

Section § 40000.13

Explanation

This law states that breaking specific traffic rules is considered a misdemeanor, which is more serious than an infraction. These include breaking rules about interstate highway carriers, not fulfilling responsibilities at accident scenes, riding a bicycle under the influence, driving the wrong way on divided highways, and repeated offenses related to vending or being in rest areas near freeways.

It also mentions that it will take effect once the Secretary of State is notified by the Director of Transportation.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.13(a) Section 16560, relating to interstate highway carriers.
(b)CA Vehicle Code § 40000.13(b) Sections 20002 and 20003, relating to duties at accidents.
(c)CA Vehicle Code § 40000.13(c) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug.
(d)CA Vehicle Code § 40000.13(d) Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.
(e)CA Vehicle Code § 40000.13(e) Section 22520.5, a second or subsequent conviction of an offense relating to vending on or near freeways.
(f)CA Vehicle Code § 40000.13(f) Section 22520.6, a second or subsequent conviction of an offense relating to roadside rest areas and vista points.
(g)CA Vehicle Code § 40000.13(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.

Section § 40000.14

Explanation

This law says that if someone breaks specific rules in Section 21367, it's generally a minor offense known as an infraction. However, if they do it intentionally, it's a more serious offense called a misdemeanor. If they do it intentionally and in a way that is dangerously careless towards the safety of others, it can lead to up to one year in county jail.

A violation of subdivision (b) or (c) of Section 21367 is an infraction, except as follows:
(a)CA Vehicle Code § 40000.14(a) A willful violation is a misdemeanor.
(b)CA Vehicle Code § 40000.14(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.

Section § 40000.15

Explanation

This law states that certain vehicle-related violations in California are considered misdemeanors rather than infractions. These violations include: unlawful towing or storing of vehicles, reckless driving, participating in speed contests, throwing objects at vehicles, driving under the influence, possession of marijuana, underage possession of alcohol in a vehicle, disobeying toll highway rules, trespassing, improper farm vehicle operation, insufficient bumper strength notices, selling certain exhaust systems, child seat violations, tampering with odometers, and possessing multiple signal-jamming devices.

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.

Section § 40000.16

Explanation

If you get caught twice or more in a two-year period for not securing materials on your vehicle so they don't fall off, it's treated as a misdemeanor, which is more serious than a minor offense.

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.

Section § 40000.18

Explanation

If someone breaks the rules set by subdivision (b) of Section 31401 or Sections 31402 or 31403, which deal with farm labor vehicles, that person is committing a misdemeanor, which is considered more serious than a minor violation called 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.

Section § 40000.19

Explanation

This California law says that if you break any rules about transporting dangerous substances, like hazardous waste, explosives, or radioactive materials, you're committing a misdemeanor, not just a minor offense.

In other words, it's a more serious crime with potentially tougher penalties than an infraction. The law covers various dangerous goods, including materials that are exploitable, poisonous if inhaled, or highly flammable.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.19(a) Section 31303, relating to transportation of hazardous waste.
(b)CA Vehicle Code § 40000.19(b) Division 14 (commencing with Section 31600), relating to transportation of explosives.
(c)CA Vehicle Code § 40000.19(c) Division 14.1 (commencing with Section 32000), relating to the transportation of hazardous material.
(d)CA Vehicle Code § 40000.19(d) Division 14.3 (commencing with Section 32100), relating to transportation of inhalation hazards.
(e)CA Vehicle Code § 40000.19(e) Division 14.5 (commencing with Section 33000), relating to transportation of radioactive materials.
(f)CA Vehicle Code § 40000.19(f) Division 14.7 (commencing with Section 34001), relating to flammable liquids.

Section § 40000.20

Explanation

If a driver of a vehicle used for prearranged transportation services, like a charter or limo, is caught three or more times with an open container of alcohol, they could face misdemeanor charges. This applies if they are operating under a valid certificate or permit.

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.

Section § 40000.21

Explanation

If you violate any of the following rules, it's considered a misdemeanor, which is more serious than an infraction. These rules cover things like drivers' work hours, transportation of hazardous materials, operations involving school buses, youth buses, tour buses, scheduling by motor carriers, and intermodal chassis, among others.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.21(a) Subdivision (a) of Section 34506, relating to the hours of service of drivers.
(b)CA Vehicle Code § 40000.21(b) Subdivision (b) of Section 34506, relating to the transportation of hazardous materials.
(c)CA Vehicle Code § 40000.21(c) Subdivision (c) of Section 34506, relating to schoolbuses.
(d)CA Vehicle Code § 40000.21(d) Subdivision (d) of Section 34506, relating to youth buses.
(e)CA Vehicle Code § 40000.21(e) Section 34505 or subdivision (e) of Section 34506, relating to tour buses.
(f)CA Vehicle Code § 40000.21(f) Section 34505.5 or subdivision (f) of Section 34506, relating to vehicles described in subdivisions (a) to (g), inclusive, of Section 34500.
(g)CA Vehicle Code § 40000.21(g) Subdivision (a) of Section 34501.3, relating to unlawful scheduling of runs by motor carriers.
(h)CA Vehicle Code § 40000.21(h) Subdivision (g) of Section 34506, relating to school pupil activity buses.
(i)CA Vehicle Code § 40000.21(i) Subparagraph (D) of paragraph (4) of subdivision (a) of Section 34505.9, relating to intermodal chassis.

Section § 40000.22

Explanation

This law states that certain violations related to vehicle inspections and motor carriers are misdemeanors, which means they are more serious than infractions. Specifically, if someone breaks the rules about applying for vehicle inspections or regulations for motor carriers transporting property, they commit a misdemeanor offense. These provisions became active starting January 1, 2016.

(a)CA Vehicle Code § 40000.22(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)CA Vehicle Code § 40000.22(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)CA Vehicle Code § 40000.22(c) This section shall become operative on January 1, 2016.

Section § 40000.23

Explanation

This section specifies that certain vehicle-related offenses are considered misdemeanors rather than lesser infractions. These include violations of special permit regulations, such as those for carrying oversized loads without the proper permit. Additionally, it covers breaches of weight restrictions unless the excess weight is under 4,501 pounds.

A violation of any of the following provisions is a misdemeanor, and not an infraction:
(a)CA Vehicle Code § 40000.23(a) Paragraph (1) of subdivision (c) of Section 35784, relating to special permit violations.
(b)CA Vehicle Code § 40000.23(b) Subdivision (a) of Section 35784.5 relating to extralegal loads and operation of vehicles without a special permit.
(c)CA Vehicle Code § 40000.23(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.

Section § 40000.24

Explanation

This law section outlines certain violations that are considered misdemeanors instead of infractions. These include unauthorized vehicle use in mountain fire districts, reckless driving, reckless driving that causes injury, and violations related to off-highway vehicles, environmental protection, and illegal dumping.

A violation of any of the following provisions shall constitute a misdemeanor and not an infraction:
(a)CA Vehicle Code § 40000.24(a) Subdivision (c) of Section 38301.5, relating to unauthorized operation of a vehicle within a mountain fire district.
(b)CA Vehicle Code § 40000.24(b) Section 38316, relating to reckless driving.
(c)CA Vehicle Code § 40000.24(c) Section 38317, relating to reckless driving with injury.
(d)CA Vehicle Code § 40000.24(d) Subdivision (a) of Section 38318 or subdivision (a) of Section 38318.5, relating to off-highway vehicles.
(e)CA Vehicle Code § 40000.24(e) Section 38319, relating to protection of the environment.
(f)CA Vehicle Code § 40000.24(f) Section 38320, relating to the depositing of matter.

Section § 40000.25

Explanation

This law states that breaking certain traffic-related rules is considered a misdemeanor, which is more serious than an infraction. These include the owner's responsibility to ensure a vehicle complies with laws, signing documents with false information, not showing up to court or paying fines, using a fake name, and not fixing violations despite being told to do so.

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 § 40000.26

Explanation

If someone breaks the rules about vehicle inspections, as described in specific parts of Sections 34501.12 and 34501.14, it's considered a misdemeanor crime, which is more serious than a minor violation known as an infraction.

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.

Section § 40000.28

Explanation

If someone commits what would normally be a minor traffic infraction, it turns into a more serious misdemeanor if they've already been convicted of three or more similar offenses in the past year. This includes situations where the person agrees to or is charged with the past offenses. Also, forfeiting bail counts as a conviction. However, this rule doesn't apply to pedestrians.

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.

Section § 40000.61

Explanation

If someone unlawfully shares Department of Motor Vehicles records as stated in Section 1808.45, it's not just a minor violation. It's actually a misdemeanor, which is more serious than an infraction.

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

Section § 40000.65

Explanation

If you break the rules in Section 2430.5 or 2432 about emergency road service, it's a misdemeanor, which is more serious than a minor violation.

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

Section § 40000.70

Explanation

If you violate the rule about notifying authorities of a hazardous material or hazardous waste spill on a highway, it is considered a misdemeanor offense, which is more serious than a minor infraction.

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.

Section § 40000.77

Explanation

This section states that breaking any rules regarding the transportation of school pupils, as outlined in Article 7 starting with Section 2570, is considered a misdemeanor. This means it's a more serious offense than 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.

Section § 40001

Explanation

This law makes it illegal for vehicle owners or those who employ or direct drivers to operate vehicles unlawfully on highways. Owners cannot request or allow the use of vehicles that are unregistered, improperly equipped, or fail to meet size, weight, or emission standards. Employers breaking safety orders or regulations, especially those related to railroad-highway crossings, can face criminal charges and substantial fines. Generally, only the owner or lessor, not the driver, is liable for violations unless the vehicle is registered outside California or the driver's actions are clearly culpable. In prosecutions, drivers or others involved in loading or maintaining the vehicle may become co-defendants at the defendant's request, potentially shifting liability. False information on cargo weights can create a presumption of directing illegal vehicle operation.

(a)CA Vehicle Code § 40001(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)CA Vehicle Code § 40001(b) It is unlawful for an owner to request, cause, or permit the operation of any vehicle that is any of the following:
(1)CA Vehicle Code § 40001(b)(1) Not registered or for which any fee has not been paid under this code.
(2)CA Vehicle Code § 40001(b)(2) Not equipped as required in this code.
(3)CA Vehicle Code § 40001(b)(3) Not in compliance with the size, weight, or load provisions of this code.
(4)CA Vehicle Code § 40001(b)(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)CA Vehicle Code § 40001(b)(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)CA Vehicle Code § 40001(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)CA Vehicle Code § 40001(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)CA Vehicle Code § 40001(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)CA Vehicle Code § 40001(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)CA Vehicle Code § 40001(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.

Section § 40002

Explanation

This law outlines procedures when a vehicle owner, not driving the vehicle at the time of a traffic violation, receives a notice to appear in court. If they choose not to appear in court or to post bail, a verified complaint must be filed before a warrant can be issued. The person has the option to waive this verified complaint by written agreement, allowing the process to continue with the initial notice.

If the individual ignores the notice, they may receive a notice of noncompliance, warning them of possible vehicle registration renewal issues or a warrant if they fail to respond within 21 days. The requirements for filing verified complaints and notices are specified to align with existing legal standards.

(a)Copy CA Vehicle Code § 40002(a)
(1)Copy CA Vehicle Code § 40002(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)CA Vehicle Code § 40002(a)(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)CA Vehicle Code § 40002(a)(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)Copy CA Vehicle Code § 40002(b)
(1)Copy CA Vehicle Code § 40002(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)CA Vehicle Code § 40002(b)(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)CA Vehicle Code § 40002(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)Copy CA Vehicle Code § 40002(d)
(1)Copy CA Vehicle Code § 40002(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)CA Vehicle Code § 40002(d)(2) The verified complaint pursuant to paragraph (2) of subdivision (a) shall be given in a manner prescribed by Section 22.

Section § 40002.1

Explanation

This law outlines the procedures when someone fails to appear in court for a traffic-related offense. If someone doesn't show up after being notified, the court can inform the Department of Motor Vehicles (DMV). Once the case gets resolved, whether by dismissal or bail forfeiture, the court gives a certificate to the person involved and sends a copy to the DMV. If there's an arrest warrant for the same issue, a notice of noncompliance shouldn't be sent to the DMV. But if a notice has been sent and then the case gets recalled, a warrant can be issued.

(a)CA Vehicle Code § 40002.1(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)CA Vehicle Code § 40002.1(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)CA Vehicle Code § 40002.1(b)(1) Endorse a certificate to that effect.
(2)CA Vehicle Code § 40002.1(b)(2) Provide the person or the person’s attorney with a copy of the certificate.
(3)CA Vehicle Code § 40002.1(b)(3) Transmit a copy of the certificate to the department.
(c)CA Vehicle Code § 40002.1(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.

Section § 40003

Explanation

If you are an employee who gets in trouble for breaking vehicle rules related to size, weight, registration, equipment, or loading while driving your employer's vehicle, you can ask the court to also make your employer a defendant. If it turns out you reasonably thought the vehicle followed the rules, and your employer is found guilty, the court can drop the charges against you.

When charges against the employee are dropped, the court record must show that and note the employer was found guilty instead.

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.

Section § 40004

Explanation

This law specifies how long prosecutors have to start criminal proceedings against someone who files false documents with the DMV or California Highway Patrol. For misdemeanors, the time limit is one year from when the false filing is discovered. For felonies, it's three years from discovery. However, in both cases, no action can be started more than five years from when the offense actually occurred.

(a)CA Vehicle Code § 40004(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)CA Vehicle Code § 40004(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)CA Vehicle Code § 40004(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.

Section § 40005

Explanation

If a driver gets a ticket for issues like vehicle size, weight, or registration while driving a vehicle not owned by them and the owner promises to handle the ticket but fails to do so, leading to the driver's arrest, the owner can be charged with a misdemeanor.

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.

Section § 40006

Explanation

This law states that if a disabled vehicle, which is being towed to a repair shop or storage, is found to be in violation of the registration requirements specified in Section 4000, then the charges should be handled as described in Section 40001.

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.

Section § 40007

Explanation

This law basically says that even though Division 5 of the Vehicle Code starts with Section 11100, breaking any rules in Division 5 can still lead to other laws being applied against you. It's like saying you can be held accountable under different laws for the same action.

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.

Section § 40008

Explanation

This law makes it a misdemeanor, rather than a lesser offense, to violate certain traffic laws—specifically Sections 21701, 21703, or 23103—if the violation is done to capture photos, videos, or recordings of someone for commercial gain.

If such an act endangers the health or safety of a child, the penalties increase to potential one-year jail time and a fine up to $5,000.

Additionally, if the act can be punished in more than one way, the law requires using the penalty with the longest imprisonment time. You can't be prosecuted more than once for the same act under different laws.

(a)CA Vehicle Code § 40008(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)CA Vehicle Code § 40008(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)CA Vehicle Code § 40008(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.