DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681]
( Division 1 enacted by Stats. 1959, Ch. 3. )
Unless the provision or context otherwise requires, these definitions shall govern the construction of this code.
(Enacted by Stats. 1959, Ch. 3.)
“Ability to respond in damages” means financial responsibility.
(Added by renumbering Section 95 by Stats. 1992, Ch. 974, Sec. 2. Effective September 28, 1992.)
An “agricultural water-well boring rig” is a motor vehicle which is used exclusively in the boring of water-wells on agricultural property.
(Enacted by Stats. 1959, Ch. 3.)
“Airbrakes” means a brake system using compressed air either for actuating the service brakes at the wheels of the vehicle or as a source of power for controlling or applying service brakes which are actuated through hydraulic or other intermediate means.
(Added by Stats. 1963, Ch. 207.)
“Alcoholic beverage” includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.
For purposes of the Driver License Compact, “intoxicating liquor” as used in Section 15023 has the same meaning as “alcoholic beverage” as used in this code.
(Added by renumbering Section 23151 by Stats. 1982, Ch. 53, Sec. 25. Effective February 18, 1982.)
“Alley” is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property; provided, that the City and County of San Francisco may designate by ordinance or resolution as an “alley” any highway having a roadway not exceeding 25 feet in width.
(Amended by Stats. 1965, Ch. 833.)
(a) “All-terrain vehicle” means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
(1) Designed for operation off
of the highway by an operator with no more than one passenger.
(2) Fifty inches or less in width.
(3) Nine hundred pounds or less unladen weight.
(4) Suspended on three or more low-pressure tires.
(5) Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger.
(6) Has handlebars for steering control.
(b) Notwithstanding subdivision (a), for purposes of Chapter 6 (commencing with Section 3000) of Division 2 and Chapter 4 (commencing with Section 11700) of Division 5, “all-terrain vehicle” also means a recreational off-highway vehicle as defined in Section 500 and a utility-terrain vehicle as defined in Section 531.
(Amended by Stats. 2014, Ch. 279, Sec. 1. (AB 988) Effective January 1, 2015.)
An “all-terrain vehicle safety instructor” is a person who is sponsored by an all-terrain vehicle safety training organization, who has completed a course in all-terrain vehicle safety instruction administered by an approved all-terrain vehicle safety training organization, and who has been licensed by the department pursuant to Section 11105.1.
(Added by Stats. 1987, Ch. 881, Sec. 2.)
An “all-terrain vehicle safety training organization” is any organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105.6.
(Added by Stats. 1987, Ch. 881, Sec. 3.)
“Amber” has the same meaning as “yellow,” and is within the chromaticity coordinate boundaries for yellow specified in regulations adopted by the Department of the California Highway Patrol.
(Added by Stats. 1977, Ch. 287.)
An “armored car” is a vehicle that is equipped with materials on either the front, sides, or rear for the protection of persons therein from missiles discharged from firearms.
(Enacted by Stats. 1959, Ch. 3.)
An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons, agencies, or organizations:
(1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire, rescue, or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle.
(e) (1) Any vehicle owned or operated by a federally recognized Indian tribe used in responding to
emergency, fire, ambulance, or lifesaving calls. For the purposes of this section and the provisions of Sections 2501 and 2510, a vehicle used in responding to emergency, fire, ambulance, or lifesaving calls owned or operated by a federally recognized Indian tribe is considered an authorized emergency vehicle.
(2) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol.
(Amended by Stats. 2021, Ch. 282, Sec. 1. (AB 798) Effective January 1, 2022.)
No act or omission of any rescue team operating in conjunction with an authorized emergency vehicle as defined in Section 165, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team or the owners or operators of any authorized emergency vehicle, if good faith is exercised.
For the purposes of this section, “rescue team” means a special group of physicians and surgeons, nurses, volunteers, or employees of the owners or operators of the authorized emergency vehicle who have been trained in cardiopulmonary resuscitation and have been designated by the owners or operators of the emergency vehicle to attempt to resuscitate persons who are in immediate danger of loss of life in cases of emergency.
This section shall not relieve the owners or operators of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team.
Members of a rescue team shall receive the training in a program approved by, or conforming to, standards prescribed by an emergency medical care committee established pursuant to Article 3 (commencing with Section 1797.270) of Chapter 4 of Division 2.5 of the Health and Safety Code, or a voluntary area health planning agency established pursuant to Section 127155 of the Health and Safety Code.
(Amended by Stats. 1996, Ch. 1023, Sec. 421. Effective September 29, 1996.)
An “autobroker” or “auto buying service” is a dealer, as defined in Section 285, who engages in the business of brokering, as defined in Section 232.5.
(Added by Stats. 1994, Ch. 1253, Sec. 3. Effective January 1, 1995.)
An “autoette” is a motor vehicle, located on a natural island with an area in excess of 20,000 acres and that is within a county having a population in excess of 4,000,000, that meets all of the following requirements:
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 130 inches, including the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its widest part.
(Amended by Stats. 2023, Ch. 91, Sec. 1. (AB 705) Effective January 1, 2024.)
An “automated enforcement system” is any system operated by a governmental agency, in cooperation with a law enforcement agency, that photographically records a driver’s responses to a rail or rail transit signal or crossing gate, or both, or to an official traffic control signal described in Section 21450, and is designed to obtain a clear photograph of a vehicle’s license plate and the driver of the vehicle.
(Amended (as amended by Stats. 1995, Ch. 922, Sec. 1) by Stats. 1998, Ch. 54, Sec. 1. Effective January 1, 1999.)
(a) An “automobile dismantler” is a person not otherwise expressly excluded by Section 221 who is engaged in the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers who have secured dealer plates from the department for the current year whose principal business is buying and selling new and used vehicles, or by owners who desire to dismantle not more than three personal vehicles within any 12-month period.
(b) Notwithstanding subdivision (a), “automobile dismantler” includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:
(1) Two or more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways.
(2) Nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement.
(c) (1) Notwithstanding
paragraph (2) of subdivision (b), a “junk dealer,” as defined in Section 21601 of the Business and Professions Code, a “recycler,” as defined in Section 21605 of the Business and Professions Code, or a “commercial enterprise” or “core recycler,” as defined in Section 21610 of the Business and Professions Code, is not an automobile dismantler even if it possesses nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement.
(2) This subdivision does not apply to a “commercial enterprise” described in subparagraph (A) of paragraph (2) of subdivision (a) of Section 21610 of the Business and Professions Code.
(Amended by Stats. 2023, Ch. 537, Sec. 1. (AB 641) Effective January 1, 2024.)
(a) The term “automobile dismantler” does not include any of the following:
(1) The owner or operator of any premises on which two or more unregistered and inoperable vehicles are held or stored, or a person who possesses nine or more catalytic converters, if the vehicles or catalytic converters are used for restoration or replacement parts or otherwise, in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or transporter.
(B) The operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes:
(i) For use in repairs performed by that business.
(ii) For use by a licensed
dismantler or an entity described in paragraph (3).
(2) A person engaged in the restoration of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose of selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on a form approved or provided by the department, a certification by the person from whom the vehicles are obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 or 11520, or the facility complies with Section 9564.
(4) Any person who
acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520.
Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension.
(b) Any vehicle acquired for the purpose specified in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an independent hauler who obtained the vehicle, or parts thereof from a licensed dismantler, shall be accompanied by either a receipt issued by the department evidencing proof of clearance for dismantling under Section 5500, or a copy of the ordinance or order issued by a local authority for the abatement of the vehicle pursuant to Section 22660. The steel mill, scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form
evidencing clearance or abatement to the certification required pursuant to this section.
All forms specified in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace officer during business hours.
(Amended by Stats. 2023, Ch. 537, Sec. 2. (AB 641) Effective January 1, 2024.)
Any reference in this code to “automobile driver training” shall be deemed to refer to the laboratory phase of driver education described by Section 51852 of the Education Code.
(Amended by Stats. 1980, Ch. 676, Sec. 305.)
An “auxiliary dolly” is a vehicle, not designed for carrying persons or property on its own structure, which is so constructed and used in conjunction with a semitrailer as to support a portion of the weight of the semitrailer and any load thereon, but not permanently attached to the semitrailer, although a part of the weight of such dolly may rest on another vehicle.
(Enacted by Stats. 1959, Ch. 3.)
An “axle” is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion.
(Enacted by Stats. 1959, Ch. 3.)
A “B-train assembly” is a rigid frame extension attached to the rear frame of a semitrailer which allows for a fifth wheel connection point for a second semitrailer.
(Added by Stats. 1991, Ch. 13, Sec. 13. Effective February 13, 1991.)
A bicycle is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.
(Amended by Stats. 2021, Ch. 311, Sec. 1. (SB 814) Effective January 1, 2022.)
A “bicycle path” or “bike path” is a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code.
(Added by Stats. 2009, Ch. 200, Sec. 5. (SB 734) Effective January 1, 2010.)
(a) A “bicycle path crossing” is either of the following:
(1) That portion of a roadway included within the prolongation or connection of the boundary lines of a bike path at intersections where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle path crossing where local authorities have placed signs indicating no crossing.
(Added by Stats. 2009, Ch. 200, Sec. 6. (SB 734) Effective January 1, 2010.)
The “board” is the New Motor Vehicle Board.
(Added by Stats. 1973, Ch. 996.)
“Brokering” is an arrangement under which a dealer, for a fee or other consideration, regardless of the form or time of payment, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another or others.
(Added by Stats. 1994, Ch. 1253, Sec. 4. Effective January 1, 1995.)
(a) Except as provided in subdivision (b), a “bus” is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver.
(b) A vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a bus.
(c) This section does not alter the definition of a schoolbus, school pupil activity bus, general public paratransit vehicle, farm labor vehicle, or youth bus.
(d) A vanpool vehicle is not a bus.
(Amended by Stats. 1994, Ch. 675, Sec. 1. Effective January 1, 1995.)
A “business” includes a proprietorship, partnership, corporation, and any other form of commercial enterprise.
(Added by Stats. 1990, Ch. 1563, Sec. 1.)
A “business district” is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists.
(Enacted by Stats. 1959, Ch. 3.)
A “business representative” means a proprietor, a limited or general partner, a managerial employee, a stockholder, a director, or an officer who is active in the management, direction, and control of that part of a business which is a licensed activity.
(Added by Stats. 1990, Ch. 1563, Sec. 2.)
In determining whether a highway is within a business or residence district, the following limitations shall apply and shall qualify the definitions in Sections 235 and 515:
(a) No building shall be regarded unless its entrance faces the highway and the front of the building is within 75 feet of the roadway.
(b) Where a highway is physically divided into two or more roadways only those buildings facing each roadway separately shall be regarded for the purpose of determining whether the roadway is within a district.
(c) All churches, apartments, hotels, multiple dwelling houses, clubs, and public buildings, other than schools, shall be deemed to be business structures.
(d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property.
(Enacted by Stats. 1959, Ch. 3.)
A “buy-here-pay-here” dealer is a dealer, as defined in Section 285, who is not otherwise expressly excluded by Section 241.1, and who does all of the following:
(a) Enters into conditional sale contracts, within the meaning of subdivision (a) of Section 2981 of the Civil Code, and subject to the provisions of Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code, or lease contracts, within the meaning of Section 2985.7 of the Civil Code, and subject to the provisions of Chapter 2d (commencing with Section 2985.7) of Title 14 of Part 4 of Division 3 of the Civil Code.
(b) Assigns less than
90 percent of all unrescinded conditional sale contracts and lease contracts to unaffiliated third-party finance or leasing sources within 45 days of the consummation of those contracts.
(c) For purposes of this section, a conditional sale contract does not include a contract for the sale of a motor vehicle if all amounts owed under the contract are paid in full within 30 days.
(d) The department may promulgate regulations as necessary to implement this section.
(Added by Stats. 2012, Ch. 741, Sec. 2. (AB 1534) Effective January 1, 2013.)
The term “buy-here-pay-here” dealer does not include any of the following:
(a) A lessor who primarily leases vehicles that are two model years old or newer.
(b) A dealer that does both of the following:
(1) Certifies 100 percent of used vehicle inventory offered for sale at retail price pursuant to Section 11713.18.
(2) Maintains an onsite service and repair facility that is licensed by the Bureau of Automotive Repair and employs a minimum of five master automobile technicians that are certified by
the National Institute for Automotive Service Excellence.
(Added by Stats. 2012, Ch. 741, Sec. 3. (AB 1534) Effective January 1, 2013.)
A “camp trailer” is a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed 16 feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed 96 inches in width and includes any tent trailer. Where a trailer telescopes for travel, the size shall apply to the trailer as fully extended. Notwithstanding any other provision of law, a camp trailer shall not be deemed to be a trailer coach.
(Added by Stats. 1971, Ch. 1536.)
A “camper” is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A camper having one axle shall not be considered a vehicle.
(Amended by Stats. 1968, Ch. 228.)
A “carry-all” is that type of earth-moving equipment which is not self-propelled but which is designed for use behind tractors or other motive power and which is self-loading by means of a cutting blade which is lowered at an angle to dig into the ground. The term includes, but is not limited to, such types of vehicles as carry the trade names of LaPlant-Choate, LeTourneau, and Be Ge.
(Enacted by Stats. 1959, Ch. 3.)
A “certificate of compliance” for the purposes of this code is an electronic or printed document issued by a state agency, board, or commission, or authorized person, setting forth that the requirements of a particular law, rule or regulation, within its jurisdiction to regulate or administer has been satisfied.
(Amended by Stats. 1999, Ch. 1007, Sec. 15. Effective January 1, 2000.)
A “chop shop” is any building, lot, or other premises where any person has been engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order to do either of the following:
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number, of a motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
(Added by Stats. 1993, Ch. 386, Sec. 1. Effective September 8, 1993.)
“City” includes every city and city and county within this State.
(Enacted by Stats. 1959, Ch. 3.)
A “clean fuel vehicle” means any passenger or commercial vehicle or pickup truck that is fueled by alternative fuels, as defined in Section 301 of the Energy Policy Act of 1992 (P.L. 102-486), and produces emissions which do not exceed whichever of the following standards, as defined by regulations of the State Air Resources Board in effect on January 1, 1994, is applicable to the model year of the vehicle:
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the emission standard applicable to an ultra low-emission vehicle.
(Added by Stats. 1993, Ch. 1159, Sec. 4. Effective January 1, 1994.)
“Collector motor vehicle” means a motor vehicle owned by a collector, as defined in subdivision (a) of Section 5051, and the motor vehicle is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation, and is not used primarily for transportation.
(Added by Stats. 2004, Ch. 107, Sec. 1. Effective January 1, 2005.)
(a) A “commercial vehicle” is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.
(Amended by Stats. 2003, Ch. 222, Sec. 1. Effective January 1, 2004.)
The “commissioner” is the Commissioner of the California Highway Patrol.
(Enacted by Stats. 1959, Ch. 3.)
A “consignment” is an arrangement under which a dealer agrees to accept possession of a vehicle of a type required to be registered under this code from an owner for the purpose of selling the vehicle and to pay the owner or the owner’s designee from the proceeds of the sale.
(Amended by Stats. 1991, Ch. 815, Sec. 1.)
A “converter” is a person, other than a vehicle manufacturer, who, prior to the retail sale of a new vehicle, does any of the following to the vehicle:
(a) Assembles, installs, or affixes a body, cab, or special equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the vehicle, if it is a previously assembled or manufactured new vehicle.
(Added by Stats. 1995, Ch. 211, Sec. 1. Effective January 1, 1996.)
“County” includes every county and city and county within this State.
(Enacted by Stats. 1959, Ch. 3.)
A “crib sheet” or “cribbing device” is any paper or device designed for cheating by supplying examination answers without questions to an applicant for the purpose of fraudulently qualifying the applicant for any class of driver’s license, permit, or certificate.
(Added by Stats. 1986, Ch. 960, Sec. 1.)
“Crosswalk” is either:
(a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.
(Enacted by Stats. 1959, Ch. 3.)
“Darkness” is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.
(Amended by Stats. 1974, Ch. 635.)
“Dealer” is a person not otherwise expressly excluded by Section 286 who:
(a) For commission, money, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates or attempts to negotiate, a sale or exchange of an interest in, a vehicle subject to registration, a motorcycle, snowmobile, or all-terrain vehicle subject to identification under this code, or a trailer subject to identification pursuant to Section 5014.1, or induces or attempts to induce any person to buy or exchange an interest in a vehicle and, who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade, vehicles for the purpose of resale, selling, or offering for sale, or consigned to be sold, or otherwise dealing in vehicles, whether or not the vehicles are owned by the person.
(Amended by Stats. 2005, Ch. 270, Sec. 8. Effective January 1, 2006.)
The term “dealer” does not include any of the following:
(a) Insurance companies, banks, finance companies, public officials, or any other person coming into possession of vehicles in the regular course of business, who sells vehicles under a contractual right or obligation, in performance of an official duty, or in authority of any court of law, if the sale is for the purpose of saving the seller from loss or pursuant to the authority of a court.
(b) Persons who sell or distribute vehicles of a type subject to registration or trailers subject to identification pursuant to Section 5014.1 for a manufacturer to vehicle dealers licensed under this code, or who are employed by manufacturers or distributors to promote the sale of vehicles dealt in by those manufacturers or distributors. However, any of those persons who also sell vehicles at retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers licensed under this code while acting within the scope of that employment.
(d) Persons engaged exclusively in the bona fide business of exporting vehicles or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States, if no federal excise tax is legally payable or refundable on any of the transactions. Persons not engaged exclusively in the bona fide business of exporting vehicles, but who are engaged in the business of soliciting orders for the sale and delivery of vehicles, outside the territorial limits of the United States are exempt from licensure as dealers only if their sales of vehicles produce less than 10 percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a business, who dispose of any vehicle acquired and used in good faith, for their own personal use, or for use in their business, and not for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of vehicles, other than motorcycles, all-terrain vehicles, or trailers subject to identification under this code, that are not intended for use on the highways.
(g) Persons temporarily retained as auctioneers solely for the purpose of disposing of vehicle stock inventories by means of public auction on behalf of the owners at the owners’ place of business, or as otherwise approved by the department, if intermediate physical possession or control of, or an ownership interest in, the inventory is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of purchasing, selling, servicing, or exchanging racing vehicles, parts for racing vehicles, and trailers designed and intended by the manufacturer to be used exclusively for carrying racing vehicles. For purposes of this subdivision, “racing vehicle” means a motor vehicle of a type used exclusively in a contest of speed or in a competitive trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers Act (Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the Harbors and Navigation Code) and who sells used boat trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or educational institution or organization that sells vehicles if all of the following conditions are met:
(A) The institution or organization qualifies for state tax-exempt status under Section 23701d of the Revenue and Taxation Code, and tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(B) The vehicles sold were donated to the nonprofit charitable, religious, or educational institution or organization.
(C) The vehicles subject to retail sale meet all of the applicable equipment requirements of Division 12 (commencing with Section 24000) and are in compliance with emission control requirements as evidenced by the issuance of a certificate pursuant to subdivision (b) of Section 44015 of the Health and Safety Code. Under no circumstances may any institution or organization transfer the responsibility of obtaining a smog inspection certificate to the buyer of the vehicle.
(D) The proceeds of the sale of the vehicles are retained by that institution or organization for its charitable, religious, or educational purposes.
(2) An institution or organization described in paragraph (1) may sell vehicles on behalf of another institution or organization under the following conditions:
(A) The nonselling institution or organization meets the requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter into a signed, written agreement pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds from the sale of each vehicle to the nonselling institution or organization within 45 days of the sale. All net proceeds transferred to the nonselling institution or organization shall clearly be identifiable to the sale of a specific vehicle. The selling institution or organization may retain a percentage of the proceeds from the sale of a particular vehicle. However, any retained proceeds shall be used by the selling institution or organization for its charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling institution or organization shall provide to the nonselling institution or organization, an itemized listing of the vehicles sold and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot complete a retail sale of a particular vehicle, or if the vehicle cannot be transferred as a wholesale transaction to a dealer licensed under this code, the vehicle shall be returned to the nonselling institution or organization and the written agreement revised to reflect that return. Under no circumstances may a selling institution or organization transfer or donate the vehicle to a third party that is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision shall retain all records required to be retained pursuant to Section 1660.
(p) A motor club, as defined in Section 12142 of the Insurance Code, that does not arrange or negotiate individual motor vehicle purchase transactions on behalf of its members but refers members to a new motor vehicle dealer for the purchase of a new motor vehicle and does not receive a fee from the dealer contingent upon the sale of the vehicle.
(Amended by Stats. 2004, Ch. 836, Sec. 2. Effective January 1, 2005.)
“Declared combined gross weight” equals the total unladen weight of the combination of vehicles plus the heaviest load that will be transported by that combination of vehicles.
(Added by Stats. 2000, Ch. 861, Sec. 12. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.)
“Declared gross vehicle weight” means weight that equals the total unladen weight of the vehicle plus the heaviest load that will be transported on the vehicle.
(Added by Stats. 2000, Ch. 861, Sec. 13. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.)
“Department” means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14.1 (commencing with Section 32000), 14.3 (commencing with Section 32100), 14.5 (commencing with Section 33000), 14.7 (commencing with Section 34000), and 14.8 (commencing with Section 34500), it shall mean the Department of the California Highway Patrol.
(Amended by Stats. 1988, Ch. 1384, Sec. 1.)
Any reference in this code to the Department of Public Works shall be deemed to refer to the Department of Transportation, which is part of the Business, Transportation and Housing Agency as provided by Section 13975 of the Government Code.
(Amended by Stats. 1982, Ch. 454, Sec. 178.)
The “director” is the Director of Motor Vehicles.
(Enacted by Stats. 1959, Ch. 3.)
A “disabled person” is any of the following:
(a) Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant limitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(b) Any person who is blind to the extent that the person’s central visual acuity does not exceed 20/200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any of the following:
(1) The person’s forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter.
(2) The person’s arterial oxygen tension (pO2) is less than 60 mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the extent that the person’s functional limitations are classified in severity as class III or class IV based upon standards accepted by the American Heart Association.
(Added by Stats. 1989, Ch. 554, Sec. 1.)
A “disabled veteran” is any person who, as a result of injury or disease suffered while on active service with the armed forces of the United States, suffers any of the following:
(a) Has a disability which has been rated at 100 percent by the Department of Veterans Affairs or the military service from which the veteran was discharged, due to a diagnosed disease or disorder which substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153 of the Welfare and Institutions Code.
(Added by Stats. 1989, Ch. 554, Sec. 2.)
A “distributor” is any person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014.1, or new off-highway motorcycles or all-terrain vehicles subject to identification under this code, to dealers in this state and maintains representatives for the purpose of contacting dealers or prospective dealers in this state.
(Amended by Stats. 2004, Ch. 836, Sec. 3. Effective January 1, 2005.)
A “distributor branch” is an office maintained by a distributor for the sale of new vehicles or new trailers subject to identification pursuant to Section 5014.1 to dealers or for directing or supervising, in whole or in part, the distributor’s representatives.
(Amended by Stats. 2001, Ch. 539, Sec. 4. Effective January 1, 2002.)
A “drawbar” is a rigid structure forming a connection between a trailer and a towing vehicle, securely attached to both vehicles by nonrigid means and carrying no part of the load of either vehicle.
(Enacted by Stats. 1959, Ch. 3.)
A “driveaway-towaway operation” is any operation in which any motor vehicle or combination of motor vehicles coupled together constitutes the commodity being transported, when one or more sets of wheels of any such motor vehicle or motor vehicles are on the roadway, and when one or more of such vehicles are being operated under a manufacturer's, dealer's, or transporter’s special plates.
(Added by Stats. 1961, Ch. 1989.)
A “driver” is a person who drives or is in actual physical control of a vehicle. The term “driver” does not include the tillerman or other person who, in an auxiliary capacity, assists the driver in the steering or operation of any articulated firefighting apparatus.
(Amended by Stats. 1971, Ch. 213.)
A “driver’s license” is a valid license to drive the type of motor vehicle or combination of vehicles for which a person is licensed under this code or by a foreign jurisdiction.
(Amended by Stats. 1971, Ch. 213.)
A “driving instructor” is, except as provided in Section 11105.5, an employee of a driving school licensed by the department to instruct others in the operation of motor vehicles.
(Added by Stats. 1975, Ch. 703.)
A “driving school” is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. As used in this section, “instruction” includes classroom driver education, in-vehicle driver training, and correspondence study.
(Added by Stats. 1975, Ch. 703.)
A “driving school operator” is either a driving school owner who operates his own driving school or an employee of a driving school who is designated by the driving school owner of such school to personally direct and manage the school for the owner.
(Added by renumbering Section 311.5 by Stats. 1975, Ch. 703.)
A “driving school owner” is any person licensed by the department to engage in the business of giving instruction for compensation in the driving of motor vehicles or in the preparation of an applicant for examination for a driver’s license issued by the department.
(Amended by Stats. 1975, Ch. 703.)
The term “drug” means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.
(Added by Stats. 1971, Ch. 1530.)
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of
20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point
type.
(Added by Stats. 2015, Ch. 568, Sec. 1. (AB 1096) Effective January 1, 2016.)
The term “electric personal assistive mobility device” or “EPAMD” means a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.
(Amended by Stats. 2007, Ch. 106, Sec. 1. Effective January 1, 2008.)
An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person,
and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.
(Added by Stats. 2015, Ch. 777, Sec. 1. (AB 604) Effective January 1, 2016.)
An “expressway” is a portion of highway that is part of either of the following:
(a) An expressway system established by a county under Section 941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1, 1989, as described in subdivision (g) of Section 941.4 of the Streets and Highways Code.
(Added by Stats. 2004, Ch. 615, Sec. 17. Effective January 1, 2005.)
“Essential parts” are all integral and body parts of a vehicle of a type required to be registered under this code, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance.
(Enacted by Stats. 1959, Ch. 3.)
“Established place of business” is a place actually occupied either continuously or at regular periods by any of the following:
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer, manufacturer branch, distributor, distributor branch, automobile driving school, or traffic violator school where the books and records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent to the type of business being conducted are kept. A place of business of an automobile dismantler which qualified as an “established place of business” before September 17, 1970, is an “established place of business” as defined in this section.
(c) A registration service where the books and records pertinent to the type of business being conducted are kept.
(Amended by Stats. 1992, Ch. 1243, Sec. 54. Effective September 30, 1992.)
An “extralegal load” is a single unit or an assembled item which, due to its design, cannot be reasonably reduced or dismantled in size or weight so that it can be legally transported as a load without a permit as required by Section 35780. This section does not apply to loads on passenger cars.
(Added by Stats. 1983, Ch. 145, Sec. 1. Effective June 28, 1983.)
“Factory-built housing” is a structure as defined in Section 19971 of the Health and Safety Code. As used in this code, factory-built housing is a trailer coach which is in excess of eight feet in width or in excess of 40 feet in length.
(Added by Stats. 1980, Ch. 1150, Sec. 7.)
(a) A “farm labor vehicle” is any motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities.
(b) For the purpose of this section, a farmworker is any person engaged in rendering personal services for hire and compensation in connection with the production or harvesting of any farm products.
(c) “Farm labor vehicle” does not include:
(1) Any vehicle carrying only members of the immediate family of the owner or driver thereof.
(2) Any vehicle while being operated under specific authority granted by the Public Utilities Commission or under specific authority granted to a transit system by an authorized city or county agency.
(Amended by Stats. 2000, Ch. 308, Sec. 1. Effective January 1, 2001.)
A “fifth-wheel travel trailer” is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device.
(Added by Stats. 1990, Ch. 1358, Sec. 1.)
A “former prisoner of war” is any person who, while serving as a member of the United States Armed Forces, as a member of the Philippine Commonwealth Armed Forces, as a part of a United States Expeditionary Force, or as a United States civilian, was held as a prisoner of war by forces hostile to the United States during any armed conflict and is currently a resident of California.
(Added by Stats. 1991, Ch. 893, Sec. 1.)
A “foreign jurisdiction” is any other state, the District of Columbia, territories or possessions of the United States, and foreign states, provinces, or countries.
(Enacted by Stats. 1959, Ch. 3.)
A “foreign vehicle” is a vehicle of a type required to be registered under this code brought into this State from a foreign jurisdiction other than in the ordinary course of business, by or through a manufacturer or dealer and not registered in this State.
(Enacted by Stats. 1959, Ch. 3.)
(a) A “franchise” is a written agreement between two or more persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing indefinite duration.
(2) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail new motor vehicles or new trailers subject to identification pursuant to Section 5014.1 manufactured or distributed by the franchisor or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(3) The franchisee constitutes a component of the franchisor’s distribution system.
(4) The operation of the franchisee’s business is substantially associated with the franchisor’s trademark, trade name, advertising, or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee’s business is substantially reliant on the franchisor for a continued supply of new vehicles, parts, or accessories.
(b) The term “franchise” does not include an agreement entered into by a manufacturer or distributor and a person where all the following apply:
(1) The person is authorized to perform warranty repairs and service on vehicles manufactured or distributed by the manufacturer or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the manufacturer or distributor.
(3) The person’s repair and service facility is not located within the relevant market area of a new motor vehicle dealer franchisee of the manufacturer or distributor.
(Amended by Stats. 2001, Ch. 539, Sec. 5. Effective January 1, 2002.)
A “franchisee” is any person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 from the franchisor and who offers for sale or lease, or sells or leases the vehicles at retail or is granted the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(Amended by Stats. 2004, Ch. 836, Sec. 4. Effective January 1, 2005.)
A “franchisor” is any person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 and who grants a franchise.
(Amended by Stats. 2004, Ch. 836, Sec. 5. Effective January 1, 2005.)
A “recreational vehicle franchise” is a written agreement between two or more persons having both of the following conditions:
(a) A commercial relationship of definite duration or continuing indefinite duration.
(b) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail, new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, that are manufactured or distributed by the franchisor, or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(Added by Stats. 2008, Ch. 743, Sec. 1. Effective January 1, 2009.)
“Freeway” is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access.
(Enacted by Stats. 1959, Ch. 3.)
A “gantry truck” is a motor vehicle so designed and constructed that it straddles the load to be transported and by means of appropriate mechanism picks up the load and supports it during transportation.
(Enacted by Stats. 1959, Ch. 3.)
“General public paratransit vehicle” means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. Vehicles used in the exclusive transportation of disabled persons as defined in Section 99206.5 of the Public Utilities Code, or of persons 55 years of age or older, including any persons necessary to provide assistance to these passengers, are not general public paratransit vehicles.
However, transportation of attendants, companions, or both traveling together with those individuals with disabilities who are determined to be eligible for complementary paratransit services in accordance with Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto, shall not be sufficient to qualify a vehicle as a general public paratransit vehicle.
A vehicle that provides local transportation for the general public through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service, but does not provide transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, is a transit bus, as defined by Section 642, and is not a general public paratransit vehicle.
(Amended by Stats. 1993, Ch. 844, Sec. 1. Effective January 1, 1994.)
A “garage” is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation.
(Enacted by Stats. 1959, Ch. 3.)
A “golf cart” is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver.
(Added by Stats. 1968, Ch. 1303.)
(a) “Gross vehicle weight rating” (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle.
(b) Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total unladen weight of the towed units and any load thereon.
(Added by renumbering Section 390 by Stats. 2000, Ch. 861, Sec. 14. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.)
“Hazardous material” is any substance, material, or device posing an unreasonable risk to health, safety, or property during transportation, as defined by regulations adopted pursuant to Section 2402.7. “Hazardous material” includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to Section 25141 of the Health and Safety Code and medical wastes, as defined in Section 117690 of the Health and Safety Code.
(Amended by Stats. 1996, Ch. 1023, Sec. 422. Effective September 29, 1996.)
“Highway” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
(Enacted by Stats. 1959, Ch. 3.)
A “house car” is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motortruck.
(Amended by Stats. 1968, Ch. 875.)
An “intersection” is the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(Enacted by Stats. 1959, Ch. 3.)
A “legal owner” is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more.
(Amended by Stats. 1963, Ch. 1867.)
Lessee includes “bailee” and is a person who leases, offers to lease, or is offered the lease of a motor vehicle for a term exceeding four months.
(Added by Stats. 1976, Ch. 1284.)
A “lessor” is a person who, for a term exceeding four months, leases or offers for lease, negotiates or attempts to negotiate a lease, or induce any person to lease a motor vehicle; and who receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from the lessee of said vehicle. “Lessor” includes “bailor” and “lease” includes “bailment.”
(Added by Stats. 1976, Ch. 1284.)
A “lessor-retailer” is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following:
(a) The lessee of the vehicle, or the person who, for a period of at least one year, has been designated by the lessee as the driver of the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
(Amended by Stats. 1979, Ch. 561.)
“Lighting equipment” is any of the following lamps or devices:
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog taillamp, taillamp, stoplamp, supplemental stoplamp, license plate lamp, clearance lamp, side marker lamp, signal lamp or device, supplemental signal lamp, deceleration signal device, cornering lamp, running lamp, red, blue, amber, or white warning lamp, flashing red schoolbus lamp, side-mounted turn signal lamp, and schoolbus side lamp.
(b) An operating unit or canceling mechanism for turn signal lamps or for the simultaneous flashing of turn signal lamps as vehicular hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps, warning lamps, the simultaneous flashing of turn signal lamps as vehicular hazard signals, and the headlamp flashing systems for emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in the infrared or ultraviolet regions of the spectrum, whether or not these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an electronic display to convey the route
designation, route number, run number, public service announcement, or any combination of this information, or an illuminated sign utilized pursuant to Section 25353.1.
(Amended by Stats. 2011, Ch. 529, Sec. 2. (AB 607) Effective January 1, 2012.)
A “limit line” is a solid white line not less than 12 nor more than 24 inches wide, extending across a roadway or any portion thereof to indicate the point at which traffic is required to stop in compliance with legal requirements.
(Enacted by Stats. 1959, Ch. 3.)
(a) “Limousine” means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state.
(b) “Modified limousine” means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer’s published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the
driver, and is used in the transportation of passengers for hire. For purposes of this subdivision, “wheelbase” means the longitudinal distance between the vertical centerlines of the front and rear wheels.
(Added by Stats. 2014, Ch. 860, Sec. 10. (SB 611) Effective September 30, 2014.)
“Liquefied petroleum gas” means normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit.
(Amended by Stats. 1977, Ch. 825.)
“Local authorities” means the legislative body of every county or municipality having authority to adopt local police regulations.
(Enacted by Stats. 1959, Ch. 3.)
A “logging dolly” is a vehicle designed for carrying logs, having one or more axles that, if there are more than one, are not more than 54 inches apart, and used in connection with a motor truck solely for the purpose of transporting logs and securely connected with the towing vehicle both by a reach and by the load.
(Added by Stats. 2013, Ch. 523, Sec. 20. (SB 788) Effective January 1, 2014.)
A “logging vehicle” is a vehicle used exclusively in the conduct of logging operations and not designed for the transportation of persons or property on a highway.
(Added by Stats. 2013, Ch. 523, Sec. 21. (SB 788) Effective January 1, 2014.)
(a) A “low-speed vehicle” is a motor vehicle that meets all of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a “low-speed vehicle” is not a golf cart, except when operated pursuant to Section 21115 or 21115.1.
(2) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.”
(Amended by Stats. 2006, Ch. 66, Sec. 1. Effective July 12, 2006.)
A “managerial employee” is a person who exercises control over a business licensed under this code, whether compensated by salary or commission, including, but not limited to, any person who is employed as a general manager, business manager, assistant general manager, finance and insurance manager, advertising manager, or sales manager.
(Added by Stats. 1982, Ch. 791, Sec. 1.)
“Manufactured home” is a manufactured home, as defined in Section 18007 of the Health and Safety Code, a commercial coach, as defined in Section 18001. 8 of the Health and Safety Code, a mobilehome, as defined in Section 18008 of the Health and Safety Code, factory-built housing, as defined in Section 18971 of the Health and Safety Code, and a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer. Manufactured home does not include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code.
(Amended by Stats. 1986, Ch. 1185, Sec. 1.)
A “manufacturer branch” is an office maintained by a manufacturer for the sale of new vehicles to dealers or for directing or supervising in whole or in part the manufacturer’s representatives.
(Amended by Stats. 1978, Ch. 797.)
A “metal tire” is a tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
(Enacted by Stats. 1959, Ch. 3.)
A “mobile billboard advertising display” means an advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising.
(Amended by Stats. 2011, Ch. 538, Sec. 1. (AB 1298) Effective January 1, 2012.)
“Mobilehome” is a structure as defined in Section 18008 of the Health and Safety Code. For the purposes of enforcement of highway safety laws and regulations, a mobilehome is a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer.
(Amended by Stats. 1986, Ch. 1185, Sec. 2.)
(a) A “motorcycle” is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground.
(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.
(Amended by Stats. 2008, Ch. 672, Sec. 1. Effective January 1, 2009.)
A “motor-driven cycle” is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406.
(Amended by Stats. 1995, Ch. 342, Sec. 1. Effective January 1, 1996.)
(a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
(b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.
The disclosure shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
(Amended by Stats. 2015, Ch. 568, Sec. 2. (AB 1096) Effective January 1, 2016.)
A “motorized quadricycle” is a four-wheeled device, and a “motorized tricycle” is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000.
(Amended by Stats. 1993, Ch. 1292, Sec. 3. Effective January 1, 1994.)
(a) A “motorized scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion.
For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter.
(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.
(c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
(d) (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements.
(2) The
disclosure required under paragraph (1) shall meet both of the following requirements:
(A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(B) The disclosure shall include the following language in capital letters:
“YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156.”
(Amended by Stats. 2021, Ch. 311, Sec. 2. (SB 814) Effective January 1, 2022.)
“Motor carrier” is the registered owner, lessee, licensee, or bailee of any vehicle set forth in Section 34500, who operates or directs the operation of any such vehicle on either a for-hire or not-for-hire basis. “Motor carrier” also includes a motor carrier’s agents, officers, and representatives, as well as employees responsible for the hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.
(Amended by Stats. 2016, Ch. 208, Sec. 7. (AB 2906) Effective January 1, 2017.)
A “motor truck” or “motortruck” is a motor vehicle designed, used, or maintained primarily for the transportation of property.
(Amended by Stats. 1993, Ch. 272, Sec. 11. Effective August 2, 1993.)
(a) A “motor vehicle” is a vehicle that is self-propelled.
(b) “Motor vehicle” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of Division 2, “motor vehicle” includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper.
(Amended by Stats. 2004, Ch. 404, Sec. 1. Effective January 1, 2005.)
A “muffler” is a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.
(Enacted by Stats. 1959, Ch. 3.)
“New motor vehicle dealer” is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. A distinction shall not be made, nor any different construction be given to the definition of “new motor vehicle dealer” and “dealer” except for the application of the provisions of Chapter 6 (commencing with Section 3000) of Division 2 and Sections 4456, 4750.6, and 11704.5. Sections 3001 and 3003 do not, however, apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.
(Amended by Stats. 2020, Ch. 8, Sec. 20. (AB 85) Effective June 29, 2020.)
A “new vehicle” is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country.
(Amended by Stats. 1994, Ch. 1253, Sec. 6. Effective January 1, 1995.)
A “nonrepairable vehicle” is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). The vehicle shall be issued a nonrepairable vehicle certificate and the vehicle, the vehicle frame, or unitized frame and body, as applicable, and as defined in Section 670.5, shall not be titled or registered.
(a) A nonrepairable vehicle is a vehicle that has no resale value except as a source of parts or scrap metal, and which the owner irreversibly designates solely as a source of parts or scrap metal.
(b) A nonrepairable vehicle is a completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies, or that the owner designates has little or no resale value other than its worth as a source of scrap metal, or as a source of a vehicle identification number that could be used illegally.
(c) A nonrepairable vehicle is a completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components, and which the owner irreversibly designates as having little or no resale value other than its worth as scrap metal or as a source of a vehicle identification number that could be used illegally.
(Amended by Stats. 2002, Ch. 670, Sec. 1. Effective January 1, 2003.)
A “nonrepairable vehicle certificate” is a vehicle ownership document issued to the owner of a nonrepairable vehicle. Ownership of the vehicle may only be transferred two times on a nonrepairable vehicle certificate. A vehicle for which a nonrepairable vehicle certificate has been issued may not be titled or registered for use on the roads or highways of California. A nonrepairable vehicle certificate shall be conspicuously labeled with the word “nonrepairable” across the front.
(Added by Stats. 1994, Ch. 1008, Sec. 6.5. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.)
“Nonresident” is a person who is not a resident of this State.
(Enacted by Stats. 1959, Ch. 3.)
“Nonresident daily commuter” means a person who is not a resident of this state, but who enters and leaves this state on a daily basis for the purpose of employment and whose vehicle is principally garaged out of this state.
(Added by Stats. 1985, Ch. 1090, Sec. 1. Effective September 27, 1985.)
An “off-highway motorcycle” means a motorcycle or motor-driven cycle which is subject to identification under this code.
(Added by Stats. 1982, Ch. 1584, Sec. 5.)
An “official traffic control device” is any sign, signal, marking, or device, consistent with Section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.
(Amended by Stats. 1994, Ch. 1220, Sec. 51. Effective September 30, 1994.)
An “official traffic control signal” is any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
(Enacted by Stats. 1959, Ch. 3.)
An “oil well production service unit” is any vehicle specifically designed for and used exclusively in servicing oil wells which is only incidentally operated or moved on a highway.
(Added by Stats. 1969, Ch. 133.)
“Original driver’s license” means the first driver’s license issued a person under this code.
(Enacted by Stats. 1959, Ch. 3.)
An “owner” is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; the person entitled to the possession of a vehicle as the purchaser under a security agreement; or the State, or any county, city, district, or political subdivision of the State, or the United States, when entitled to the possession and use of a vehicle under a lease, lease-sale, or rental-purchase agreement for a period of 30 consecutive days or more.
(Amended by Stats. 1963, Ch. 1867.)
The Senate, Assembly, or any committees thereof, or the Governor’s office in possession and using vehicles under a lease, lease-sale, or rental-purchase agreement for a period of 30 consecutive days or more, unless otherwise provided in the lease or rental agreement, shall be exempt from the provisions of Section 460, upon the giving of written notice to the department of the desire to be so exempt.
(Added by Stats. 1967, Ch. 162.)
A “paratransit vehicle” is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:
(a) (1) Operated for hire by a business, nonprofit organization, or the state, or a political subdivision of the state utilizing drivers who receive compensation for their services and who spend a majority of their workweek operating a passenger vehicle.
(2) For the purposes of this subdivision, compensation does not include reimbursement to volunteer drivers of the cost of providing transportation services at a rate not greater than that approved by the United States Internal Revenue Service for volunteers.
(3) For the purposes of this subdivision, “for hire” means that the entity providing transportation services is compensated for the transportation under contract or agreement.
(b) Regularly used to provide transportation services to any of the following:
(1) Disabled persons who meet the definition of handicapped persons, as defined in Section 99206.5 of the Public Utilities Code.
(2) Persons with a developmental disability, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(3) Individuals with disabilities who are determined to be eligible for complementary paratransit services under Title II of the Americans with Disabilities Act of 1990 (P.L.101-336).
(4) Persons who are 55 years of age or older.
(Amended by Stats. 2004, Ch. 404, Sec. 2. Effective January 1, 2005.)
“Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
(Added by Stats. 1961, Ch. 1608.)
A “passenger transportation vehicle” is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 10 persons including the driver, which requires the person to have in his or her immediate possession a valid driver’s license for the appropriate class of vehicle to be driven endorsed for passenger transportation.
(Added by Stats. 1990, Ch. 1360, Sec. 1.5.)
A “passenger vehicle” is any motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. The term “passenger vehicle” shall include a housecar.
(Amended by Stats. 1999, Ch. 1008, Sec. 1. Effective January 1, 2000.)
(a) A “pedestrian” is a person who is afoot or who is using any of the following:
(1) A means of conveyance propelled by human power other than a bicycle.
(2) An electric personal assistive mobility device.
(b) “Pedestrian” includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a).
(Amended (as amended by Stats. 2004, Ch. 404, Sec. 3) by Stats. 2007, Ch. 106, Sec. 2. Effective January 1, 2008.)
“Pedicab” means any of the following:
(a) A bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.
(b) A bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.
(Amended by Stats. 2021, Ch. 311, Sec. 3. (SB 814) Effective January 1, 2022.)
The department shall commence the “permanent trailer identification plate program,” on or after December 31, 2001, and may designate the method, consistent with this code, to be used by trailers, as defined in Section 5014.1, to receive an assigned permanent trailer identification plate for all trailers, except for trailer coaches and park trailers as described in subdivision (b) of Section 18010 of the Health and Safety Code, for identification purposes. An auxiliary dolly or tow dolly may be assigned a permanent trailer identification plate. The plate shall be in a size and design as determined by the department.
(Added by Stats. 2000, Ch. 861, Sec. 15. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.)
“Person” includes a natural person, firm, copartnership, association, limited liability company, or corporation.
(Amended by Stats. 1994, Ch. 1010, Sec. 225. Effective January 1, 1995.)
A “pickup truck” is a motor truck with a manufacturer’s gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. “Pickup truck” does not include a motor vehicle otherwise meeting the above definition, that is equipped with a bed-mounted storage compartment unit commonly called a “utility body.”
(Amended by Stats. 1997, Ch. 652, Sec. 8. Effective January 1, 1998.)
A “pilot car” is a motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, which is used to escort one or more other vehicles, when required, due to the vehicles’ size or character of load, in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority.
(Added by Stats. 1982, Ch. 568, Sec. 1.)
(a) A “pocket bike” is a two-wheeled motorized device that has a seat or saddle for the use of the rider, and that is not designed or manufactured for highway use. “Pocket bike” does not include an off-highway motorcycle, as defined in Section 436.
(b) For purposes of this section, a vehicle is designed for highway use if it meets the applicable Federal Motor Vehicle Safety Standards, as contained in Title 49 of the Code of Federal Regulations, and is equipped in accordance with the requirements of this code.
(Added by Stats. 2005, Ch. 323, Sec. 1. Effective January 1, 2006.)
A “pole or pipe dolly” is a vehicle, other than a motor vehicle, having one or more axles which axles, if there be more than one, are not more than 54 inches apart, and two or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle.
(Enacted by Stats. 1959, Ch. 3.)
A “power brake” is any breaking gear or mechanism that aids in applying the brakes of a vehicle and which utilizes vacuum, compressed air, electricity, or hydraulic pressure developed by the motive power of that vehicle for that purpose.
(Amended by Stats. 1977, Ch. 102.)
A “pneumatic tire” is a tire inflated or capable of inflation with compressed air.
(Enacted by Stats. 1959, Ch. 3.)
“Private road or driveway” is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public.
(Enacted by Stats. 1959, Ch. 3.)
A “private school” is any school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church.
(Amended by Stats. 1977, Ch. 406.)
“Recreational off-highway vehicle” means a motor vehicle meeting all of the following criteria:
(a) Designed by the manufacturer for operation primarily off of the highway.
(b) Has a steering wheel for steering control.
(c) Has nonstraddle seating provided by the manufacturer for the operator and all passengers.
(d) (1) Has a maximum speed capability of greater than 30 miles per hour.
(2) A vehicle designed by the manufacturer with
a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision.
(e) Has an engine displacement equal to or less than 1,000cc (61 ci).
(Added by Stats. 2012, Ch. 165, Sec. 1. (AB 1595) Effective January 1, 2013.)
A “registered owner” is a person registered by the department as the owner of a vehicle.
(Enacted by Stats. 1959, Ch. 3.)
(a) A “registration service” is a person engaged in the business of soliciting or receiving an application for the registration, renewal of registration, or transfer of registration or ownership, of a vehicle of a type subject to registration under this code, or of soliciting or receiving an application for a motor carrier permit under Division 14.85 (commencing with Section 34600), or of transmitting or presenting those documents to the department, when any compensation is solicited or received for the service. “Registration service” includes, but is not limited to, a person who, for compensation, processes registration documents, conducts lien sales, or processes vehicle dismantling documents.
(b) “Registration service” does not include the following:
(1) A person performing registration services on a vehicle acquired by that person for his or her own personal use or for use in the regular course of that person’s business.
(2) A person who solicits applications for or sells, for compensation, nonresident permits for the operation of vehicles within this state.
(3) An employee of one or more dealers or dismantlers, or a combination thereof, who performs either of the following:
(A) Registration services for vehicles acquired by, consigned to, or sold by one or more of the employing dealers or dismantlers.
(B) Vehicle transactions on behalf of one or more of the employing dealers or dismantlers, if the transaction is for an employing dealer or dismantler who is a qualified business partner in compliance with the Business Partner Automation Program established by the department pursuant to Section 1685.
(4) A motor club, as defined in Section 12142 of the Insurance Code.
(5) A common carrier acting in the regular course of its business in transmitting applications.
(Amended by Stats. 2006, Ch. 419, Sec. 2. Effective January 1, 2007.)
“Registration year” is the period of time beginning with the date the vehicle is first required to be registered in this state and ending on the date designated by the director for expiration of the registration or the period of time designated for subsequent renewal thereof.
(Added by Stats. 1973, Ch. 889.)
The “relevant market area” is any area within a radius of 10 miles from the site of a potential new dealership.
(Added by Stats. 1973, Ch. 996.)
A “remanufactured vehicle” is a vehicle that has been constructed by a licensed remanufacturer and consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension. Remanufactured vehicles may be sold under a distinctive trade name. An existing vehicle which is incidently repaired, restored, or modified by replacing or adding parts or accessories is not a remanufactured vehicle.
(Added by Stats. 1983, Ch. 1286, Sec. 11.)
A “remanufacturer” is any person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. A remanufacturer is not a person who incidently repairs, restores, or modifies an existing vehicle by replacing or adding parts or accessories.
(Added by Stats. 1983, Ch. 1286, Sec. 12.)
A “renter” is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price.
(Added by Stats. 1976, Ch. 1284.)
A “repair shop” is a place where vehicles subject to registration under this code are repaired, rebuilt, reconditioned, repainted, or in any way maintained for the public at a charge.
(Enacted by Stats. 1959, Ch. 3.)
A “representative” is any person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer’s or distributer’s vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose.
(Added by Stats. 1973, Ch. 996.)
A “residence district” is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.
(Enacted by Stats. 1959, Ch. 3.)
“Resident” means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
The following are evidence of residency for purposes of vehicle registration:
(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner’s property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver’s license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
(Amended by Stats. 1991, Ch. 13, Sec. 17. Effective February 13, 1991.)
A “retail sale” is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale.
(Added by Stats. 1976, Ch. 1284.)
A “retarder” is a device, other than a brake, which, when activated by the driver, applies a retarding force to the wheels of a vehicle without the use of friction. A retarder may be installed in or on the engine, exhaust system, drive train, or wheels of a motor vehicle, or an axle or wheels of a towed vehicle. A retarder may operate by altering the valve timing of the engine, by controlling the flow of a circulating fluid, by applying an electromagnetic force, by controlling the release of gases from the exhaust system, or by other means. A retarder may or may not be capable of stopping the vehicle upon which it is installed.
(Added by Stats. 1991, Ch. 648, Sec. 1.)
“Revived salvage vehicle” means a total loss salvage vehicle as defined in Section 544, or a vehicle reported for dismantling pursuant to Section 5500 or 11520, that has been rebuilt or restored to legal operating condition with new or used component parts.
(Added by Stats. 2002, Ch. 670, Sec. 2. Effective January 1, 2003.)
“Ridesharing” means two or more persons traveling by any mode, including, but not limited to, carpooling, vanpooling, buspooling, taxipooling, jitney, and public transit.
(Added by Stats. 1982, Ch. 185, Sec. 5.)
“Right-of-way” is the privilege of the immediate use of the highway.
(Enacted by Stats. 1959, Ch. 3.)
(a) “Road” means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3; provided, that “road” does not mean any route traversed exclusively by bicycles as defined in Section 39001, motorcycles as defined in Section 400, motor-driven cycles as defined in Section 405, or off-highway motor vehicles as defined in Section 38012.
(b) Even though nature may alter or eliminate portions of an existing vehicle route, the route shall still be considered a road where there is evidence of periodic use.
(c) A vehicle route need not necessarily be a publicly or privately maintained surface to be a road, as defined, for purposes of this section. Nothing contained herein shall pertain to any property in an incorporated area or properties held in private ownership.
(d) This section is definitional only and nothing contained herein shall be deemed to affect, alter, create, or destroy any right, title, or interest in real property, including, but not limited to, any permit, license, or easement; nor shall this chapter be deemed to affect the liability, or lack thereof, of any owner of an interest of real property based upon the use, possession, or ownership of such interest in real property or the entry upon such property by any person.
(e) This section shall only apply in a county where the board of supervisors has adopted a resolution or enacted an ordinance providing for such application.
(Added by Stats. 1980, Ch. 361, Sec. 1.)
A “roadway” is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
(Enacted by Stats. 1959, Ch. 3.)
“Utility-terrain vehicle” means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
(a) Designed for operation off of the highway.
(b) Suspended on four tires.
(c) Has a steering wheel for steering control.
(d) Has one seat to accommodate a driver and one passenger sitting side by side.
(Added by Stats. 2012, Ch. 168, Sec. 1. (AB 2111) Effective January 1, 2013.)
Safety glazing material is any glazing material so constructed, treated, or combined with other materials as to reduce, in comparison with ordinary sheet, plate, or floatglass, the likelihood of injury to persons by glazing material whether it may be broken or unbroken.
(Amended by Stats. 1979, Ch. 723.)
A “safety zone” is the area or space lawfully set apart within a roadway for the exclusive use of pedestrians and which is protected, or which is marked or indicated by vertical signs, raised markers or raised buttons, in order to make such area or space plainly visible at all times while the same is set apart as a safety zone.
(Enacted by Stats. 1959, Ch. 3.)
“Salvage pool” means a person engaged exclusively in the business of disposing of total loss salvage vehicles, nonrepairable vehicles, or recovered stolen vehicles sent to it by, or on behalf of, insurance companies, authorized adjusters, leasing companies, self-insured persons, or financial institutions.
(Amended by Stats. 1994, Ch. 1008, Sec. 7. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.)
“Salvage vehicle rebuilder” means any person who rebuilds a total loss salvage vehicle, as defined in Section 544, or a vehicle reported for dismantling pursuant to Section 11520, for subsequent resale. A person who, for personal use, rebuilds a total loss salvage vehicle, or a vehicle reported for dismantling, and registers that vehicle in his or her name, is not a salvage vehicle rebuilder. Nothing in this section exempts a salvage vehicle rebuilder from any applicable licensing requirements under this code.
(Added by Stats. 2002, Ch. 670, Sec. 3. Effective January 1, 2003.)
“Total loss salvage vehicle” means either of the following:
(a) A vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to the extent that the owner, leasing company, financial institution, or the insurance company that insured or is responsible for repair of the vehicle, considers it uneconomical to repair the vehicle and because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in damage.
(b) A vehicle that was determined to be uneconomical to repair, for which a total loss payment has been made by an insurer, whether or not the vehicle is subsequently repaired, if prior to or upon making the payment to the claimant, the insurer obtains the agreement of the claimant to the amount of the total loss settlement, and informs the client that, pursuant to subdivision (a) or (b) of Section 11515, the total loss settlement must be reported to the Department of Motor Vehicles, which will issue a salvage certificate for the vehicle.
(Amended by Stats. 2003, Ch. 451, Sec. 4. Effective January 1, 2004.)
(a) A “schoolbus” is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:
(1) A motor vehicle of any type carrying only members of the household of the owner of the vehicle.
(2) A motortruck transporting pupils who are seated only in the passenger compartment, or a passenger vehicle designed for and carrying not more than 10 persons, including the driver, unless the vehicle or truck is transporting two or more disabled pupils confined to wheelchairs.
(3) A motor
vehicle operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public, or on a run scheduled in response to a request from a disabled pupil confined to a wheelchair, or from a parent of the disabled pupil, for transportation to or from nonschool activities, and the motor vehicle is designed for and actually carries not more than 16 persons including the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service.
(4) A school pupil activity bus.
(5) A motor vehicle operated by a carrier licensed by the federal Surface Transportation Board that is transporting pupils on a school activity entering or returning to the state from another state or country.
(6) A youth bus.
(7) Notwithstanding any other provisions of this section, the governing board of a district maintaining a community college may, by resolution, designate any motor vehicle operated by or for the district, a schoolbus within the meaning of this section, if it is primarily used for the transportation of community college students to or from a public community college or to or from public community college activities. The designation shall not be effective until written notification thereof has been filed with the Department of the California Highway Patrol.
(8) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 that are under the control of a state hospital under the jurisdiction of the State Department of
Developmental Services if the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle.
(9) A general public paratransit vehicle, if the general public paratransit vehicle does not duplicate existing schoolbus service, does not transport a public school pupil at or below the 12th grade level to a destination outside of that pupil’s school district, and is not used to transport public school pupils in areas where schoolbus services were available during the 1986–87 school year.
In areas where expanded school services require expanded transportation of public school pupils, as determined by the governing board of a school district, general public paratransit vehicles shall not be used to transport those pupils for a period of three years from the date that a need for expansion is identified. For purposes of this section, a pupil is defined as a student at or below the 12th grade level who is being transported to a mandated school activity.
(10) A schoolbus with the flashing red light signal system, the amber warning system, and the schoolbus signs covered, while being used for transportation of persons other than pupils, to or from school or school-related activities.
(11) A motor vehicle, other than a motor vehicle described in paragraph (2), that is designed to carry not more than 25 persons including the driver, while being used for the transportation
of pupils to or from school-related activities if the vehicle is operated by a passenger charter-party carrier certified and licensed by the Public Utilities Commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code that is not under a contractual agreement with a school or school district, and the transportation does not duplicate schoolbus service or any other transportation services for pupils contracted, arranged, or otherwise provided by the school or school district.
(b) This section shall not be construed to prohibit the use of a schoolbus for any activity authorized by any other law, including Section 39837.5 of the Education Code.
(Amended by Stats. 2018, Ch. 92, Sec. 208. (SB 1289) Effective January 1, 2019.)
(a) Notwithstanding Section 545, a motor vehicle is not a schoolbus if it is operated for the purpose of transporting any pupil to or from a community college or to or from activities at that college, irrespective of the age of the pupil or the grade level of the pupil, if the pupil is a current enrollee in classes of the college providing the transportation.
(b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by subdivision (d) of Section 22112 and shall meet the requirements of Section 12517.
(c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less.
(Amended by Stats. 2001, Ch. 739, Sec. 2. Effective January 1, 2002.)
(a) Notwithstanding Section 545, a bus of the type commonly known as a coach bus is not a schoolbus when it is operated by the Trona Unified School District to transport pupils to route-deviated school activities.
(b) A coach bus operated pursuant to subdivision (a) shall be inspected annually by the Department of the California Highway Patrol, shall meet the equipment safety standards established by the federal government for schoolbuses, and shall be used to transport pupils only if the driver has obtained a certificate to operate a schoolbus pursuant to Section 12517.
(Added by Stats. 1995, Ch. 400, Sec. 1. Effective January 1, 1996.)
A “school pupil activity bus” is any motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. As used in this section, common carrier, publicly owned or operated transit system, and passenger charter-party carrier refer to carriers in business for the principal purpose of transporting members of the public on a commercial basis. This section shall not apply to a motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a school activity trip entering or returning to the state from another state or country.
The driver of a school pupil activity bus shall be subject to the regulations adopted by the California Highway Patrol governing schoolbus drivers, except that the regulations shall not require drivers to duplicate training or schooling that they have otherwise received which is equivalent to that required pursuant to the regulations, and the regulations shall not require drivers to take training in first aid. However, a valid certificate to drive a school pupil activity bus shall not entitle the bearer to drive a schoolbus.
(Added by Stats. 1981, Ch. 813, Sec. 6.)
A “semitrailer” is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
(Enacted by Stats. 1959, Ch. 3.)
“Shade trailer” means a device designed and utilized to provide shade pursuant to Section 3395 of Title 8 of the California Code of Regulations.
(Added by Stats. 2012, Ch. 168, Sec. 2. (AB 2111) Effective January 1, 2013.)
“Shared mobility device” means an electrically motorized board, as defined in Section 313.5, motorized scooter, as defined in Section 407.5, electric bicycle, as defined in Section 312.5, bicycle, as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility device service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
(Added by Stats. 2022, Ch. 206, Sec. 1. (AB 2174) Effective January 1, 2023.)
“Sidewalk” is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.
(Amended by Stats. 1959, Ch. 979.)
A “snowmobile” is a motor vehicle designed to travel over ice or snow in whole or in part on skis, belts, or cleats, which is commonly referred to as an Over Snow Vehicle (OSV).
(Amended by Stats. 1989, Ch. 533, Sec. 2.)
A “snow-tread tire” is a tire which has a relatively deep and aggressive tread pattern compared with conventional passenger tread pattern.
(Added by Stats. 1961, Ch. 26.)
A “solid tire” is a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. A nonpneumatic tire, as defined in Section 571.129 of Title 49 of the Code of Federal Regulations, is not a “solid tire” for purposes of complying with Division 12.
(Amended by Stats. 2023, Ch. 219, Sec. 4. (SB 891) Effective January 1, 2024.)
“Special construction equipment” is:
(a) Any vehicle used primarily off the highways for construction purposes and which moves only occasionally over the highways and which because of the length, height, width, or unladen weight may not move over the public highways unladen without the permit specified in Section 35780.
(b) Any vehicle which is designed and used primarily either for grading of highways, paving of highways, earth moving, and other construction work on highways, or for construction or maintenance work on railroad rights-of-way, and which is not designed or used primarily for the transportation of persons or property and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road and railroad construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, tracktype tractors, crawler tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, water wagons, power shovels and draglines, speed swings, skip loaders, weed mowers, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (1) are in excess of 96 inches in width or (2) which, because of their length, height or unladen weight, may not be moved on a public highway without the permit specified in Section 35780 of this code and which are not operated laden except within the boundaries of the job construction site, and other similar types of construction equipment.
(Amended by Stats. 1969, Ch. 90.)
“Special construction equipment” does not include any of the following:
(a) A vehicle originally designed for the transportation of persons or property to which machinery has been attached unless specifically designated as such in Section 565.
(b) Dump trucks originally designed to comply with the size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in Section 35780 of this code, to operate such vehicles on a highway, truck-mounted transit mixers, cranes and shovels.
(Amended by Stats. 1961, Ch. 1659.)
“Special mobile equipment” is a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
(Enacted by Stats. 1959, Ch. 3.)
A “specially constructed vehicle” is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from (1) a kit; (2) new or used, or a combination of new and used, parts; or (3) a vehicle reported for dismantling, as required by Section 5500 or 11520, which, when reconstructed, does not resemble the original make of the vehicle dismantled. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.
(Amended by Stats. 1983, Ch. 1286, Sec. 13.)
A “station wagon” is a dual purpose vehicle designed for the transportation of persons and also designed in such a manner that the seats may be removed or folded out of the way for the purpose of increasing the property carrying space within the vehicle. The term includes, but is not limited to, types of vehicles which carry the trade names of station wagon, estate wagon, town and country wagon, and country sedan. A vehicle used primarily for the transportation of cadavers to or from a funeral home, mortuary, or burial site is not a station wagon.
(Amended by Stats. 2013, Ch. 523, Sec. 22. (SB 788) Effective January 1, 2014.)
“Stop or stopping” when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
(Added by Stats. 1961, Ch. 1917.)
“Street” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway.
(Enacted by Stats. 1959, Ch. 3.)
A “street” or “highway” shall not include those portions of a way or place in or upon which construction, alteration, or repair work is being performed insofar as the equipment performing such work and its operation are concerned. Where the work consists of a street or highway project, the limits of the project as shown or described in the plans or specifications of the awarding body shall be so excluded with reference to the equipment actually engaged in performing the work. The authority having jurisdiction over such way or place may include any or all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 in any permit issued for work on such way or place and the awarding body on any such street or highway project may include such requirements in the specifications for such project. It is the intention of the Legislature, in enacting this section, that this section shall not be construed to relieve any person from the duty of exercising due care.
(Added by Stats. 1959, Ch. 659.)
“Highway”, for the purposes of Division 3 (commencing with Section 4000), Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), and Division 15 (commencing with Section 35000), does not include a way or place under the jurisdiction of a federal governmental agency, which lies on national forest or private lands, is open to public use, and for which the cost of maintenance of such way or place is borne or contributed to directly by any users thereof.
(Amended by Stats. 1969, Ch. 1213.)
“Supplemental restraint system” means an automatic passive restraint system consisting of a bag that is designed to inflate upon collision, commonly referred to as an “airbag.”
(Added by Stats. 2002, Ch. 670, Sec. 4. Effective January 1, 2003.)
“Terminal” is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched.
(Added by Stats. 1994, Ch. 832, Sec. 1. Effective January 1, 1995.)
A “through highway” is a highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is regulated by stop signs or traffic control signals or is controlled when entering on a separated right-turn roadway by a yield-right-of-way sign.
(Amended by Stats. 1969, Ch. 168.)
“Tire traction devices” are devices or mechanisms having a composition and design capable of improving vehicle traction, braking, and cornering ability upon snow or ice-covered surfaces. Tire traction devices shall be constructed and assembled to provide sufficient structural integrity and to prevent accidental detachment from vehicles. Tire traction devices shall, at the time of manufacture or final assembly, bear a permanent impression indicating the name, initials, or trademark of the assembling company or primary manufacturer, and the country in which the devices were manufactured or assembled in final form.
(Added by Stats. 1990, Ch. 71, Sec. 1. Effective May 1, 1990.)
“Tire tread” is that portion of the tire, consisting of the ribs and grooves, which comes in contact with the roadway.
(Added by Stats. 1970, Ch. 216.)
A “toll highway” or “toll road” is a publicly owned way or place open to the use of the public for purposes of vehicular travel which use requires the payment of a fee.
(Added by Stats. 1992, Ch. 1241, Sec. 6. Effective January 1, 1993.)
(a) “Tour bus” means a bus, which is operated by or for a charter-party carrier of passengers, as defined in Section 5360 of the Public Utilities Code, or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code.
(b) “Tour bus” includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed.
(Amended by Stats. 2017, Ch. 310, Sec. 1. (AB 25) Effective January 1, 2018.)
(a) A “tow truck” is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll-back carrier” designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. “Tow truck” does not include an automobile dismantlers’ tow vehicle or a repossessor’s tow vehicle.
(b) “Repossessor’s tow vehicle” means a tow vehicle which is registered to a repossessor licensed or registered pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code that is used exclusively in the course of the repossession business.
(c) “Automobile dismantlers’ tow vehicle” means a tow vehicle which is registered by an automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 and which is used exclusively to tow vehicles owned by that automobile dismantler in the course of the automobile dismantling business.
(Amended by Stats. 1999, Ch. 456, Sec. 14. Effective January 1, 2000.)
A “tow dolly” is a vehicle towed by a motor vehicle and designed and used exclusively to transport another motor vehicle and upon which the front or rear wheels of the towed motor vehicle are mounted, while the other wheels of the towed motor vehicle remain in contact with the ground. “Tow dolly” does not include a portable or collapsible dolly used as specified in Section 4014.
(Added by Stats. 1983, Ch. 708, Sec. 1.)
The term “traffic” includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel.
(Enacted by Stats. 1959, Ch. 3.)
A “traffic officer” is any member of the California Highway Patrol, or any peace officer who is on duty for the exclusive or main purpose of enforcing Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000).
(Amended by Stats. 1983, Ch. 142, Sec. 159.)
A “traffic violator school” is a business that, for compensation, provides, or offers to provide, instruction in traffic safety, including, but not limited to, classroom traffic violator curricula, for persons referred by a court pursuant to Section 42005 or to other persons who elect to attend.
(Amended by Stats. 2001, Ch. 457, Sec. 1. Effective January 1, 2002.)
A “traffic violator school branch or classroom location” is any place where a traffic violator school conducts instruction or maintains records.
(Added by Stats. 1985, Ch. 396, Sec. 2. Effective July 30, 1985.)
A “traffic violator school instructor” is any person who provides instruction to traffic violators on behalf of a traffic violator school.
(Added by Stats. 1985, Ch. 396, Sec. 3. Effective July 30, 1985.)
A “traffic violator school operator” is the person who directs and manages the operations of a traffic violator school.
A “traffic violator school operator” may be either the traffic violator school owner or another person designated by the traffic violator school owner to personally direct and manage the traffic violator school for the traffic violator school owner.
(Added by Stats. 1985, Ch. 396, Sec. 4. Effective July 30, 1985.)
A “traffic violator school owner” is any natural person, association, or corporation that owns a traffic violator school.
(Added by Stats. 1985, Ch. 396, Sec. 5. Effective July 30, 1985.)
(a) “Engineering and traffic survey,” as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements.
(2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver.
(c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:
(A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.
(B) Upon both
sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
(C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused.
(Amended by Stats. 2021, Ch. 690, Sec. 1. (AB 43) Effective January 1, 2022.)
A “trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. As used in Division 15 (commencing with Section 35000), “trailer” includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer.
(Amended by Stats. 1984, Ch. 542, Sec. 1.)
A “trailer coach” is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. A “park trailer,” as described in Section 18009.3 of the Health and Safety Code, is a trailer coach.
(Amended by Stats. 2000, Ch. 566, Sec. 3. Effective January 1, 2001.)
A “trailer bus” is a trailer or semitrailer designed, used, or maintained for the transportation of more than 15 persons, including the driver, and includes a connected towing motor vehicle that is a motor truck, truck tractor, or bus.
(Amended by Stats. 1994, Ch. 58, Sec. 1. Effective April 26, 1994.)
A “transferee” is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code.
(Enacted by Stats. 1959, Ch. 3.)
A “transit bus” is any bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. A general public paratransit vehicle is not a transit bus.
(Added by Stats. 1989, Ch. 1136, Sec. 2. Operative July 1, 1990, by Sec. 9 of Ch. 1136.)
(a) A “transporter” is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner.
(b) The term “transporter” does not include a person engaged in the business of operating a tow car.
(Amended by Stats. 1963, Ch. 444.)
A “trolley coach” is a vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(Enacted by Stats. 1959, Ch. 3.)
(a) A “truck tractor” is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, “load” does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet.
(b) Notwithstanding subdivision (a), a truck tractor, operated by a motor carrier whose owner is licensed by the Department of the California Highway Patrol to transport explosives pursuant to Division 14 (commencing with Section 31600), may be equipped with a cargo container used exclusively for the transportation of explosives or munitions-related security material, as specified by the United States Department of Defense.
(Amended by Stats. 1994, Ch. 88, Sec. 1. Effective January 1, 1995.)
A “truss” is an assemblage of beams, bars, or rods typically arranged in a triangle or combination of triangles to form a rigid framework and used as a structural support in buildings.
(Added by Stats. 1979, Ch. 299.)
The “unladen weight” of a vehicle is the weight equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under Section 66l, any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle. Unladen weight shall not include any load or any machinery or mechanical apparatus, such as, but not limited to, wood saws, well-drilling machines, spray apparatus, tow truck cranes, and grinding equipment. The unladen weight of a vehicle shall have no application in determining any fee under this code or the Revenue and Taxation Code other than Section 9400.
(Amended by Stats. 1988, Ch. 924, Sec. 2.)
Unladen weight shall not include the following machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle:
(a) Equipment used for loading, compacting, or unloading of refuse.
(b) Transitmix cement equipment.
(c) Temporary equipment used to contain or support the load which does not change the body classification.
(d) Any camper unit that is temporarily attached to a vehicle.
(e) Refrigeration equipment.
(Added by Stats. 1963, Ch. 2108.)
A “used vehicle” is a vehicle that has been sold, or has been registered with the department, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority, of any other state, District of Columbia, territory or possession of the United States or foreign state, province or country, or unregistered vehicles regularly used or operated as demonstrators in the sales work of a dealer or unregistered vehicles regularly used or operated by a manufacturer in the sales or distribution work of such manufacturer. The word “sold” does not include or extend to: (1) any sale made by a manufacturer or a distributor to a dealer, (2) any sale by a new motor vehicle dealer franchised to sell a particular line-make to another new motor vehicle dealer franchised to sell the same line-make, or (3) any sale by a dealer to another dealer licensed under this code involving a mobilehome, as defined in Section 396, a recreational vehicle, as defined in Section 18010.5 of the Health and Safety Code, a commercial coach, as defined in Section 18012 of the Health and Safety Code, an off-highway motor vehicle subject to identification, as defined in Section 38012, or a commercial vehicle, as defined in Section 260.
(Amended by Stats. 1988, Ch. 1583, Sec. 2.)
A “U-turn” is the turning of a vehicle upon a highway so as to proceed in the opposite direction whether accomplished by one continuous movement or not.
(Added by Stats. 1970, Ch. 620.)
(a) A “utility trailer” is a trailer or semitrailer used solely for the transportation of the user’s personal property, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer’s gross vehicle weight rating of 10,000 pounds.
(b) Notwithstanding subdivision (a), a “utility trailer” includes a trailer or semitrailer designed and used for the transportation of livestock, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer’s gross vehicle weight rating of 10,000 pounds.
(Added by Stats. 2010, Ch. 491, Sec. 35. (SB 1318) Effective January 1, 2011.)
A “vanpool vehicle” is any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing.
(Added by Stats. 1982, Ch. 46, Sec. 8.)
A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Amended by Stats. 1975, Ch. 987.)
A “vehicle frame” is defined as the main longitudinal structural members of the chassis of the vehicle, or for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle, used as the major support in the construction of the motor vehicle.
(Added by Stats. 2002, Ch. 670, Sec. 5. Effective January 1, 2003.)
(a) A “vehicle identification number” is the motor number, serial number, or other distinguishing number, letter, mark, character, or datum, or any combination thereof, required or employed by the manufacturer or the department for the purpose of uniquely identifying a motor vehicle or motor vehicle part or for the purpose of registration.
(b) Whenever a vehicle is constructed of component parts identified with one or more different vehicle identification numbers, the vehicle identification number stamped or affixed by the manufacturer or authorized governmental entity on the frame or unitized frame and body, as applicable, and as defined in Section 670.5, shall determine the identity of the vehicle for registration purposes.
(Amended by Stats. 2002, Ch. 670, Sec. 6. Effective January 1, 2003.)
(a) “Vehicle manufacturer” is any person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014.1, or who permanently alters, for purposes of retail sales, new commercial vehicles by converting the vehicles into house cars that display the insignia of approval required by Section 18056 of the Health and Safety Code and any regulations issued pursuant thereto by the Department of Housing and Community Development. As used in this section, “permanently alters” does not include the permanent attachment of a camper to a vehicle.
(b) A vehicle manufacturer that produces a vehicle of a type subject to registration that consists of used or reconditioned parts, for the purposes of the code, is a remanufacturer, as defined in Section 507.8.
(c) Unless a vehicle manufacturer either grants franchises to franchisees in this state, or issues vehicle warranties directly to franchisees in this state or consumers in this state, the manufacturer shall have an established place of business or a representative in this state.
(d) The scope and application of this section are limited to Division 2 (commencing with Section 1500) and Division 5 (commencing with Section 11100).
(Amended by Stats. 2004, Ch. 836, Sec. 7. Effective January 1, 2005.)
(a) “Vehicle salesperson” is a person not otherwise expressly excluded by this section, who does one or a combination of the following:
(1) Is employed as a salesperson by a dealer, as defined in Section 285, or who, under any form of contract, agreement, or arrangement with a dealer, for commission, money, profit, or other thing of value, sells, exchanges, buys, or offers for sale, negotiates, or attempts to negotiate, a sale, or exchange of an interest in a vehicle required to be registered under this code.
(2) Induces or attempts to induce any person to buy or exchange an interest in a vehicle required to be registered, and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller or purchaser of the vehicle.
(3) Exercises managerial control over the business of a licensed vehicle dealer or who supervises vehicle salespersons employed by a licensed dealer, whether compensated by salary or commission, including, but not limited to, any person who is employed by the dealer as a general manager, assistant general manager, or sales manager, or any employee of a licensed vehicle dealer who negotiates with or induces a customer to enter into a security agreement or purchase agreement or purchase order for the sale of a vehicle on behalf of the licensed vehicle dealer.
(b) The term “vehicle salesperson” does not include any of the following:
(1) Representatives of insurance companies, finance companies, or public officials, who in the regular course of business, are required to dispose of or sell vehicles under a contractual right or obligation of the employer, or in the performance of an official duty, or under the authority of any court of law, if the sale is for the purpose of saving the seller from any loss or pursuant to the authority of a court of competent jurisdiction.
(2) Persons who are licensed as a manufacturer, remanufacturer, transporter, distributor, or representative.
(3) Persons exclusively employed in a bona fide business of exporting vehicles, or of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States.
(4) Persons not engaged in the purchase or sale of vehicles as a business, disposing of vehicles acquired for their own use, or for use in their business when the vehicles have been so acquired and used in good faith, and not for the purpose of avoiding the provisions of this code.
(5) Persons regularly employed as salespersons by persons who are engaged in a business involving the purchase, sale, or exchange of boat trailers.
(6) Persons regularly employed as salespersons by persons who are engaged in a business activity which does not involve the purchase, sale, or exchange of vehicles, except incidentally in connection with the purchase, sale, or exchange of vehicles of a type not subject to registration under this code, boat trailers, or midget autos or racers advertised as being built exclusively for use by children.
(7) Persons licensed as a vehicle dealer under this code doing business as a sole ownership or member of a partnership or a stockholder and director of a corporation or a member and manager of a limited liability company licensed as a vehicle dealer under this code. However, those persons shall engage in the activities of a salesperson, as defined in this section, exclusively on behalf of the sole ownership or partnership or corporation or limited liability company in which they own an interest or stock, and those persons owning stock shall be directors of the corporation; otherwise, they are vehicle salespersons and subject to Article 2 (commencing with Section 11800) of Chapter 4 of Division 5.
(8) Persons regularly employed as salespersons by a vehicle dealer authorized to do business in California under Section 11700.1 of the Vehicle Code.
(Amended by Stats. 1994, Ch. 1200, Sec. 92. Effective September 30, 1994.)
A “vehicle verifier” is a person not expressly excluded by Section 675.6 who inspects, records, documents, and submits to the department, or its authorized representative, such proof of vehicle identification as may be required by the department for the purpose of registering or transferring the ownership of vehicles.
(Added by Stats. 1975, Ch. 700.)
(a) “Vehicle verifier” does not include any of the following:
(1) A peace officer.
(2) An authorized employee of the department.
(3) An agent of the National Insurance Crime Bureau.
(4) An employee of an organization certified under the provisions of Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code whose duties require or authorize the verification of vehicles.
(b) Any person
specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.
(Amended by Stats. 2018, Ch. 198, Sec. 17. (AB 3246) Effective January 1, 2019.)
“Year-round registration” is a system whereby the director designates a date for the expiration of registration of a vehicle and renewal thereof in order to equalize the volume of such renewals throughout the year.
(Added by Stats. 1973, Ch. 889.)
A “water tender vehicle” is a vehicle designed to carry not less than 1,500 gallons of water and used primarily for transporting and delivering water to be applied by other vehicles or pumping equipment at fire emergency scenes.
(Amended by Stats. 1995, Ch. 91, Sec. 169. Effective January 1, 1996.)
(a) A “youth bus” is any bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location.
(b) In addition to the destinations specified in subdivision (a), a youth bus may also be used to transport children at or below the 12th-grade level to or from their place of residence if the driver has met the requirements of Section 12523 and received additional instruction and training approved by the Department of the California Highway Patrol.
(Amended by Stats. 1996, Ch. 774, Sec. 1. Effective January 1, 1997.)
(a) “Real ID driver’s license or identification card” means a driver’s license or identification card that has been issued by a state that has been certified by the Department of Homeland Security to be in compliance with the requirements of the Real ID Act of 2005 (Public Law 109-13) and the regulations adopted pursuant to the act.
(b) This section shall become operative on January 1, 2018.
(Added by Stats. 2016, Ch. 339, Sec. 3. (SB 838) Effective September 13, 2016. Section operative January 1, 2018, by its own provisions.)