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AB-309 Vehicles that appear to be used by law enforcement: ownership or operation by public historical society or museum.(2019-2020)

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Date Published: 09/07/2019 04:00 AM
AB309:v94#DOCUMENT

Assembly Bill No. 309
CHAPTER 260

An act to amend Sections 27604, 27605, and 27606 of the Vehicle Code, relating to vehicles.

[ Approved by Governor  September 06, 2019. Filed with Secretary of State  September 06, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 309, Maienschein. Vehicles that appear to be used by law enforcement: ownership or operation by public historical society or museum.
Existing law generally prohibits a person from owning or operating a vehicle that resembles a law enforcement vehicle, with various exceptions that include using a vehicle exclusively for movie or television production with signs stating “movie car” prominently on the doors.
This bill would additionally exclude from these prohibitions a vehicle that is in the possession of a federal, state, or local historical society or museum that is open to the public and secured and operated with specified restrictions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 27604 of the Vehicle Code is amended to read:

27604.
 (a) When a motor vehicle, painted, as required by Section 40800, and formerly used in the enforcement of the provisions of Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000), is sold to any person and is used for purposes other than law enforcement, the vehicle shall be painted or partially painted by the seller or agency formerly using such vehicle so that it will no longer resemble a vehicle complying with Section 40800 and any insignia or other marking of the vehicle identifying it as a traffic law enforcement vehicle shall be removed by the seller or agency formerly using such vehicle before it shall be operated on any street or highway, other than to have the vehicle moved to be painted or to a place of storage.
(b) This section shall not apply to former law enforcement vehicles, without insignia, which are painted one solid color, or which are used exclusively for movie or television production and display signs stating “movie car” prominently on the doors, or which are motorcycles, as defined in Section 400, without insignia.
(c) This section shall not apply to a vehicle, if all of the following conditions are satisfied:
(1) The vehicle is possessed by a federal, state, or local historical society or museum that is open to the public.
(2) The vehicle is secured from unauthorized operation.
(3) The vehicle is not operated on any public road or highway, unless one of the following applies:
(A) The vehicle is being operated within a temporary street closure for the purposes of celebrations, parades, local special events, and other purposes when the operation is approved by local authorities having jurisdiction over the street closure.
(B) The vehicle is of a model year of at least twenty-five years prior to the year of operation.

SEC. 2.

 Section 27605 of the Vehicle Code is amended to read:

27605.
 (a) No person shall own or operate a motor vehicle painted in the manner described in Section 40800 to resemble a motor vehicle used by a peace officer or traffic officer on duty for the primary purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000) pursuant to Section 40800.
(b) This section shall not apply to vehicles which are painted one solid color or to vehicles first registered on or before January 1, 1979. These provisions shall not apply to vehicles that are any of the following:
(1) Owned by vehicle manufacturers or dealers.
(2) Used by law enforcement agencies in the enforcement of the provisions of Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000).
(3) Owned by persons or companies who use the vehicles exclusively for movie or television production and display signs stating “movie car” prominently on the doors.
(4) Owned by persons or companies who use the vehicles exclusively for funeral escort purposes.
(5) Motorcycles, as defined in Section 400, without insignia.
(c) This section shall not apply to a vehicle, if all of the following conditions are satisfied:
(1) The vehicle is possessed by a federal, state, or local historical society or museum that is open to the public.
(2) The vehicle is secured from unauthorized operation.
(3) The vehicle is not operated on any public road or highway, unless one of the following applies:
(A) The vehicle is being operated within a temporary street closure for the purposes of celebrations, parades, local special events, and other purposes when the operation is approved by local authorities having jurisdiction over the street closure.
(B) The vehicle is of a model year of at least twenty-five years prior to the year of operation.

SEC. 3.

 Section 27606 of the Vehicle Code is amended to read:

27606.
 (a) No person shall own or operate a motor vehicle which is equipped with a light bar, or facsimile thereof, to resemble a motor vehicle used by a peace officer or traffic officer while on duty within that jurisdiction for the primary purpose of enforcing Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000) pursuant to Section 40800.
(b) For purposes of this section the following definitions apply:
(1) A “light bar” means any light or device affixed to or mounted upon the roof of a vehicle and extending the width of the roof, or a substantial portion thereof, which emits amber, red, or blue, or any combination of those lights.
(2) A “facsimile of a light bar” is any device designed or contrived to resemble a light bar regardless of the degree of light emission or lack thereof.
(c) This section shall not apply to a vehicle, if all of the following conditions are satisfied:
(1) The vehicle is possessed by a federal, state, or local historical society or museum that is open to the public.
(2) The vehicle is secured from unauthorized operation.
(3) The vehicle is not operated on any public road or highway, unless one of the following applies:
(A) The vehicle is being operated within a temporary street closure for the purposes of celebrations, parades, local special events, and other purposes when the operation is approved by local authorities having jurisdiction over the street closure.
(B) The vehicle is of a model year of at least twenty-five years prior to the year of operation.