OffensesViolation of Code
Section § 40000.1
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.
Section § 40000.3
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.
Section § 40000.5
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.
Section § 40000.6
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.
Section § 40000.7
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.
Section § 40000.8
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.
Section § 40000.9
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.
Section § 40000.10
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.
Section § 40000.11
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.
Section § 40000.13
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.
Section § 40000.13
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.
Section § 40000.14
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.
Section § 40000.15
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.
Section § 40000.16
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.
Section § 40000.18
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.
Section § 40000.19
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.
Section § 40000.20
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.
Section § 40000.21
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.
Section § 40000.22
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.
Section § 40000.23
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.
Section § 40000.24
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.
Section § 40000.25
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.
Section § 40000.26
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.
Section § 40000.28
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.
Section § 40000.61
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.
Section § 40000.65
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.
Section § 40000.70
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.
Section § 40000.77
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.
Section § 40001
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.
Section § 40002
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.
Section § 40002.1
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.
Section § 40003
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.
Section § 40004
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.
Section § 40005
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.
Section § 40006
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.
Section § 40007
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.
Section § 40008
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.