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CHAPTER 1

A SYSTEM FOR CLASSIFYING MINOR TRAFFIC VIOLATIONS AS NONCRIMINAL TRAFFIC INFRACTIONS

A. RECOMMENDAnON

The Judicial Council recommends the enactment of legislation re-

traffic violators or

any

combination thereof.

classifying minor traffic violations as noncriminal traffic infractions,

at a

school for

be no right to a jury trial or to the appointment of counsel in such cases.

California law now classifies all traffic violations, including viola- tions of statutes and ordinances relating to parking, as crimes or public

offenses subject to fine and imprisonment. Under this system almost

every motorist in the state at one time or another is technically classi- fied as a criminal and subject to a possible sanction of imprisonment, however trivial the offense. All the time-consuming procedures pro-

There would

punishable by a money penalty, license suspension, attendance

vided for trial of serious offenses including the right of a trial by jury and to have appointed counsel are applicable to these minor vio- lations although it would appear to be in the public interest to have these cases disposed of more expeditiously and without including de- privation of liberty as one of the penalties. The classification of a traffic violation as something less than a mis- demeanor is not unique and the elimination of jury trials and the right to appointed counsel in such cases raises no substantial constitu- tional issues and has precedent in other jurisdictions 1 The effective enforcement of traffic laws does not require that violations be classi- fied and treated as crimes, and the proposed reclassification is not in- tended to minimize the importance of enforcing such laws. Rather, the I proposal is aimed ultimately at developing effective procedures and penalties that are uniquely adapted to the lesser traffic cases and give i recognition to the fact that minor traffic violations are not viewed by the public as crimes. 2

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1. Classification of Motor Vehicfe Violations

I I The category of noncriminal traffic infractions that is proposed in this recommendation would include most violations of the rules of the road including those governing obedience to signs and signals, driving

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1 See Study. infra.

J Some question has been raised as to whether the reclassification of traffic offenses

as

noncriminal infractions would affect the presumption of negligence which may nnw

arise from a violation of the Vehicle Code regulating the op"-ration of motor ve~

hicles.

(See Study, infra

at 56.)

The Council by its recommendation

does not in-

tend to modify the opera.tian of this presumption, and there would 2.J)pear to be no

reason for a court to hold that the presumption does not apply merely because a violation has been classified as an infraction for Which a jail sentence may not be imposed.

( 13 )

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JUDICIAL COUNCIL OF CALIFORNIA

T 14 JUDICIAL COUNCIL OF CALIFORNIA • on the right, lane markings, passing, right of way,

on the right, lane markings, passing, right of way, pedestrians, turn. ing and stopping, lesser speeding offenses, parking and equipment. 3 Misdemeanors now identified as the more serious ones, by the heavier penalties provided, would continue to he classified as crimes with the right to a jury trial and would be subject to the usual criminal sanc- tions upon conviction. These violations include drunk driving, reck- less driving, driving under the influence of narcotics or drugs, hit and run incidents, driving with a suspended or revoked license and illegal transportation of explosives, radioactive materials and flammable li- quids· Speed contests, speeds of 25 miles or more an hour above the lawful speed and speeds of 85 miles or more per hour, as well as eer- tain offenses of a commercial nature,5 would also be classified as mis- demeanors.

2. Penalties and Procedure

A defendant convicted of a traffic infraction under the recommended system could be penalized by a fine of not more than $50 or by sus- pension of his driving privilege for not more tban 30 days or both. 6 For a second conviction within a year the defendant would be subject to a maximum $100 fine and a 50-day suspension of his driving privi- lege. Upon a third or subsequent conviction within a year he could be fined not more than $250 and bis license could be suspended for not more than 90 days. In addition, the court would be authorized to order the defendant to attend a school for traffic violators, but jail could not be imposed. Fines and attendance at a school for traffic violators are now nor- mally ordered upon conviction for minor traffic violations and are sufficient penalty for those who commit an inadvertent violation but are willing and able to be safe drivers. Other drivers, however, who reveal an attitude of disregard for traffic regulations, whether upon a first or subsequent violation, may require more severe treatment. "Ex- perience with traffic laws through the years brought the realization that regulation of driver conduct through control of the driving privilege offers one of the most hopeful and effective methods whereby compli- ance with safety rules may be enforced. Fines and even jail sentences as deterrents to unsafe driving fade in effect when compared to the loss of driving privilege, even for periods of short duration." 7 A driver who is able but apparently unwilling to abide by traffic laws should not be able to buy his way out by paying a fine. For these reasons the courts would be granted authority to suspend the driver's license when- ever a violator's conduct indicates a need for such treatment.

• This proposed classification of lesser offenses is based upon the Legislature's establish-

ment of a class ot special traffic misdemeanors that are subject to a penalty not eX- ceeding a $50 fine or five days in jail upon a first conviction with provision for at- tendance at a school for traffic violators for not more than 12 hours' instruction.

(Veh. Code § 42001.) See APpendix, infra, for a listing of the offenses suggested for

classification as infractions. Other bases for classification could be used, of course, and the precise list of offenses to be treated as traffic infractions should depend upon a legislative determination of the policy issue as to each offense.

§§ 23102-23108. 20002. 14601; Diy. 14. Diy. 14.5 and Diy. 14.7.

. e To improve the effectiveness of court-ordered license suspensions, Vehicle Code SectlO~ 1803 would be amended to require that whenever suspension is ordered by the cour the abstract of the case shall be forwarded to the Department of Motor Vehicles within two court days after conviction. 7 Fisher, Vehicle Traffic Law (1961) p.359.

Ii E.g.~Veh. Code, Div. 13 (Towing and Loading Equipment).

• Veh. Code

The threat of su fine. Upon the fail suspend the drivin every $2 of the fin separate and seriol The court would ments of fines but defendant giving 1 qui red or ~o appe~ tion of thIS proml tute a misdemeano Generally, the infractions. For I meanors would g officers, burden 0 bringing cases to t Other provisior offense and an in manded, the COUI jury and the infr be tried by jury. find the defendan in a criminal offer The two major are recommended the right to app However, the rec' would make PoS! trial procedures 1 infractions. 12

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3. Jury Trials

It is clear that be provided in n of the penalty ( to be unjustified. The use of ju mally result in a of time and expe:

to the defendant. than 50 percent courts are for m

and about one-tJ

'Veh. Code §

40508

(Rules of the R made applicablE 8 Proposed Veh. Cod· 10 Proposed Veh. Coe Proposed Veh. Coe See StudY, infra:

demeanor ball This change w, purposes only J

Governing Pro'

procedures rna before the cler

11 See Study, infra:

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1967 REPORT TO THE GOVERNOR AND THE LEGlSLA1'URE 15 pedestrians, turn. sand equipment. 3 les,

1967 REPORT TO THE GOVERNOR AND THE

LEGlSLA1'URE

15

pedestrians, turn. sand equipment. 3 les, by the heavier as crimes with the lual criminal sane· unk driving, reck.

l or drugs, hit and license and illegal and flammable li. an hour above the our, as well as cer· e classified as mis·

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The threat of suspension would also serve to enforce payment of the fine. Upon the failure to pay a fine the court would be authorized to suspend the driving privilege for a period not to exceed one day for every $2 of the fine. Wilful failure to pay the fine would constitute a separate and serious misdemeanor under an existing provision of law 8 The court would be authorized to permit delayed or installment pay-

ments of fines but such permission would be made contingent upon the defendant giving his written promise to pay the fine within the time re-

quired or to appear in court on the day the fine is due. 9 A wilful viola· tion of this promise to pay the fine or appear in court would consti- tute a misdemeanor. Generally, the rules governing misdemeanor cases would apply to infractions, For example, the provisions of law relating to misde· meanors would govern the jurisdiction of courts, powers of peace officers, burden of proof, statutes of limitation and the periods for bringing cases to trial.1° Other provisions of the bill would provide that, when a criminal

offense and an infraction are joined for trial and a jury trial is de-

manded, the court may order that the criminal offense be tried by

jury and the infraction by the court or the court may order that both

be tried by jury. Provision is also made to permit the trier of fact to find the defendant guilty of an infraction which is necessarily included in a criminal offense charged.H The two major departures from ordinary criminal procedure that are recommended are the elimination of the right to a jury trial and the right to appointed counsel when a traffic infraction is charged. However, the reclassification of these violations as noncriminal matters would make possible future modifications of bail, arraignment and

trial procedures to establish a simple and expeditious system for traffic

r the recommended

,an $50 or by sus·

30 days or both. 6

t would be subject

, his driving privi.

a year he could be

suspended for not mthorized to order but jail could not

ltors are now nor· nolations and are -tent violation but "ers, however, who LS, whether upon a 'e treatment. "Ex- :he realization that , driving privilege

s whereby compli-

lven jail sentences

,m pared to th e loss

ttion, "7 A driver

traffic laws should

r these reasons the

ver's license when-

infractions. 12

3, Jury Trials

It is clear that there is no constitutional requirement that jury trial

be provided in minor traffic cases,13 and with the proposed elimination

of the penalty of imprisonment, the retention of jury trial appears to be unjustified. The use of jury trials in cases of minor traffic violations that nor- mally result in a penalty of $25 or less involves an inordinate amount

of time and expense, without any commensurate benefits to the public or

to the defendant. A recent two-month special survey disclosed that more than 50 percent of all misdemeanor traffic jury trials in the municipal courts are for matters which would fall within the infraction category,

and about one·third of all municipal court jury trials, civil and crim-

atment.

Legislature's establish-

~ct to a penalty not e,x- with provision for at-

I 12 hours'

Div.14.7.

instruction.

8Veh. Code

§

40508 (b),

This provision

now applies only to violations

of Division

11

, offenses suggested for

luld be used, of course, IDS should depend upon

~nse.

(Rules of the Road) of the Vehicle Code. Under the Council's proposal it would be made applicable to all infractions. tproposed Veh. Code § 43003. 10 Proposed Veh. Code § 43004. U Proposed Veh. Code § 43007. ti See Study, infra at 46, 53-56. One of the possible modifications is a revision of mis- demeanor bail procedures to permit a monetary payment to be made to the clerk. This change would eliminate the procedure whereby bail is posted for forefeiture purposes only rather than to secure the defendant's appearance. (See Model Rules Governing Procedure in Traffic Cases, Rule 1 :3-7.) Simplification of arraignment procedures may also be desir'able to permit the defendant to plead "not guilty" before the clerk and have his case set for trial. U See Study, infra at 36-40.

s, Vehicle Code Section

is ordered bY the court

Vehicles

lent of Motor

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if 16   I JUDICIAL COUNCIL OF CALIFORNIA   I in aI, are for infractions.

if

16

 

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JUDICIAL

COUNCIL OF

CALIFORNIA

 

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I JUDICIAL COUNCIL OF CALIFORNIA   I in aI, are for infractions. Applying the ratios obtained

in aI, are for infractions. Applying the ratios obtained in the special study to statistics collected by the Council from municipal and justice courts for the 1965-66 fiscal year,14 it may be estimated that about 4,000 jury trials held in the 1965-66 fiscal year were in cases that would be classified as traffic infractions. The average time required to try a jury case of this nature was almost two hours 15 as compared to about 15 minutes per case for a court triaL

   

Traffic

 
       

Traffic

   

Infrac-

Misde-

Infrae-

Misde--

Other

Tolal

tions

meanors

Total

tions

meanors

criminal

Civil

Juries SWOrD .•

834

451

383

1.384

451

383

491

59

Percent of trials Houts oftriaL Percent of Hours per trial (avg.)

100%

54.]%

45.9"3

100%

32.6%

27.7%

35.3%

4.3%

3,211

852

2,35

--

--

--

--

--

100%

26.6%

--

--

3.8

1.9

6.

--

-.

--

• Data Oil traffic jury trials compiled from special survey of municipal courts. Data on other criminal and civil trials I' compiled from regular monthly reports from same courts.

These figures do not reflect the full burden that is imposed upon the court system and the public by the application of the right to jury. There are many more jury demands than jury trials. The clerical and judicial processing of such demands, with the later waivers or changes of plea, and the impaneling of jurors that may not be used constitute an undetermined but substantial expense. Moreover, service as a juror is often a considerable burden on the individual citizen. He may well question the need for his services and the rationality of a judicial system that requires them in the trial of cases that normally result in a fine of $25 or less. The Council has recommended, therefore, that there be no right to trial by jury in traffic infractions.

4.

Right to Counsel

The California Supreme Court has held that the right to counsel extends to all criminal prosecutions including misdemeanors 16 and no defendant charged by the State of California with a crime may be deprived of life or liberty without the aid of counsel, absent a waiver thereof. However, the proposed reclassification of minor traffic viola- tions as noncriminal infractions and the elimination of imprisonment as a sanction remove any constitutional requirement that free counsel be supplied in such cases. In the absence of any constitutional mandate for extending the right to appointed counsel to traffic infractions, the issue should still be considered as a matter of basic policy. Such a consideration sug- gests that the reasons for affording the right to appointed counsel in criminal proceedings do not apply when infractions are involved.

14 The total number of juries sworn in traffic cases in municipal and justice courts during the 1965-66 fiscal year was 7,460. 15 Jury Trials Held in 58 Municipal Courts August and September 1966.· 1AI See Study I tn/ra at 51.

A repeated refrain jeopardy there is a :

not be imposed upon cial Counsel's propos to have counsel appoi that every defendan 1 invidious distinction able to afford counse' fendants charged wit

one. '8 Insofar as the

tions are concerned,

I tion, not the rule. Th

men t of counsel app

I adequately represent
I simple factual and counsel may be far I I to incur. Therefore,

are financially able t

I tion is involved." 9 Th with an infraction ,

others. Other reasons sug

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should not be applie

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port into the noncrir to protect the right torney in a crimina' criminal violation is ment; they appear

with a minor offens. threatened.

For the foregoin~

plates that the right same as the right of there be no depriVE except upon proper rio-bt to counsel au( a traffic infractJOn . provided by law 20 The Judicial Cot system should be ac simple means of en the effectiveness of

judicial time in dis ties of criminal Jaw time for the seriom infringing upon th impartial tribunal.

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17Id. at 47-48. laId. at 47.

1; California Traffic Law

:!l) Propo~ed Veh. Code § ~

special

justice

about

eS that

ired to

ned to

Civil

59

4.3%

j civil trials

Ipon the

to jury.

·ical and

changes

onstitute

Juror

nay well

judicial

result in

; a

right to

J counsel

G and

may be

a waiver

'fic viola-

isonment

e counsel

no

ding

)uld still

tion sug-

)unsel in

lved.

the

Jrts during

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1967 REPORT TO

TIlE GOVERNOR AND

TIlE

LEGISLATURE

17

A repeated refrain in many cases is that where a man's liberty is in jeopardy there is a right to counse]l7 However, imprisonment could not be imposed upon conviction of a traffic infraction under the Judi-

.i\Iorcover, the right of an indigent defendant

to have counsel appointed at the public's expense is illtended to insure that eyery defelldant is tried fairly, and is designed to prevent an invidious distinction between indigcnts and those defendants who are

able (0 afford counsel.

fendants charged with a crime who can afford an attorney fail to hire

infrac-

tions are concerned, howcver, representation by counsel is the excep-

tion, not the rule. The disinclination (0 hire counselor request appoint- ment of counsel apparently is based on the belief that a layman can adequately represent himself since minor traffic matters usually involve simple factual and legal issues. Furthcrmore, the cost of engaging

counsel may be far greater than the penalties the defendant is likely to incur. Therefore, it is not economically reasonable for persons who are financially able to hire counsel to do 80 when a minor traffic viola-

free counsel to an indigent charged

with an infraction would give such a person an advantage over all others. Other reasons surtgest that the right to connsel in criminal cases should not be applied to traffic infractions. It seems inconsistent with the purpose of providing a simplified and less costly procedure to im- port into the noncriminal infraction category the procedures necessary to protect the right of every defendant to be represented by an at- torney in a criminal case. These procedures are appropriate when a criminal violation is charged or the defendant is subject to imprison- ment; they appear inappropriate when applied to a person charged with a minor offense, such as overtime parking, whose liberty is not threa tened. For the foregoing reasons, the Council's recommendation contem- plates that the right to counsel in a traffic infraction case shall be the same as the right of a civil litigant. In order, howevcr, to assure that there be no deprivation of liberty without the assistance of counsel except upon proper waiver, special provision is made for advice on the right to counsel and for assignment of counsel when a defendant in a traffic infraction proceeding has been arrested and not released as provided by 1aw. 20 The Judicial Council believes that the proposed traffic infraction system should be adopted. It will meet the needs of the public for a simple means of enforcing the rules of the road without decreasing the effectiYeness of the state's traffic safety efforts. It will save judicial time in disposing of minor violations without the technicali- ties of criminal law procedure in such cases and thereby allow more time for the seriollS offenses. It will accomplish these things without infringing upon the right of a dcfendant to a fair trial before an impartial tribunal.

tion is involved. '9 Thus, to provide

one. IS Iusofar as the traffic cases that would be reclassified as

cial Couusel's proposal.

Mr.

.Justice Black has pointed out that few de-

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17 ld. at 47-48.

lAId. at 47.

IICahjontio Traffic Law Jl(l1ninist1'arion (1960) 12 Stan. L. Re\", 388, 411-12, 436. 2lPropo~edVeh. Code § 43006.

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18 JUDICIAL COUNCIL at' CALIFORNIA The following bill contains the Council's recommendation :21 An act

18

JUDICIAL COUNCIL

at'

CALIFORNIA

The following bill contains the Council's recommendation :21

An act to amend Section 15 of the Penal Code and to add Section

to

22365 and Division 19

(coJnmencing with Section 43000)

to,

23111,

23112, 27003, 27460,S, 27461, 27500, 28501, 28511, 35784, 35790, 40000, 40508, 42001, 42003, and 42004 of, and to repeal Section

42005 of, the Vehiele Code, relating to trajJic infractions.

a,mend Sections 1803, 12951, 21714,

2310,2, 23103, 23109,

The people of the State of Califo1'11ia do enact as follows:

Section 1. Section 15 of the Penal Code is amended to read:

]5. A crime or public offense is an act committed or omitted in

violation of a law forbidding or commanding it, and to which is an- nexed, upon conviction, either of the following punishments:

1. Death;

2. r mprisonment;

3, Fine, except when imposed f01" a tmjJic infraction p11rsuant to Division 19 (commencing with Section 43000) of the Vehicle Code; 4, Removal from office; or, 5, Disqualification to hold and enjoy any office of honor, trust, or profit in this state, Sec. 2, Division 19 (commencing with Section 43000) is added to the Vehicle Code, to read:

DIVISION 19,

TRAFFIC INFRACTIONS

43000. It is a traffic infraction for any person to violate any of the

following provisions of this code, or any ordinance, order, rule or

regulation adopted pursuant to such provisions, unless a violation

thereof is specifically declared to be a misdemeanor, a felony or punish- able by imprisonment:

(a)

Sections 4159, 4160, 4454, 12951 or 14600;

(b)

Any provision of Division 11 (commencing with Section 21000),

except Chapters 11 (commencing with Section 22950) and 13 (com-

mencing with Section 23250) ; or

(c) Any provision of Division 12 (commencing with Section 24000),

Division 15 (commencing with Section 35000) or Division 16 (com-

mencing with Section 36000),

of a traffic infraction for which

another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than fifty dollars ($50) or by a suspension of his driving privilege for a period of not more than 30 days or by both such fine and suspension; for a second conviction within a 12-month period such person shall be punished by a fine of not more than one hundred dollars ($100) or by suspension of his driving privi- lege for not more than 60 days, or by both such fine and suspension; upon a third or subsequent conviction within a 12-month period such person shall be punished by a fine of not more than two hundred and fifty dollars ($250) or by suspension of his driving privilege for not more than 90 days, or by both such fine and suspension. A prior con- viction for a traffic infraction or for a violation of the Vehicle Code

43001,

Every

person

convicted

21 The statutory language submitted here is generally based on Assembly Bill No. 845 of the 1965 General Session of the Legislature.

,

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designatec making al second an

penalty to a report f tion from prima faci regardless ings has aJ

For pur to be a co:

43002.

by Section infraction

the opera' this code, The cou ilege of al

1 to attend 1

(,

l

43003,

infraction

I grant pen
I of time OJ contingent
I within the

! the fine or

, , Any pel

, I appear in

I- (b) If'

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of a traffi<

thereof, tl

person to sllspendinl the extent two dollar

43004,

or after J

Except as misdemear peace offi< and for br

43005.

to a trial t

43006,

titled to h

defender:

as provide

43007,

been join€ court may fraction tJ tion be tri

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designated as a crime shall constitute a conviction for the purpose of making applicable the greater penalties provided by this section for second and subsequent offenses. For the purpose of determining the penalty to be imposed pursuant to this section, the court may consider

19 6 7 REPORT TO THE GOVERNOR AND THE LEGISLATURE

l

:21

add Section

3000)

3109,

'5784, 35790,

peal Section

ons.

to,

to

23111,

lad:

r omitted in which is an-

I. a report from the Department of Motor Vehicles containing informa- tion from its records showing prior convictions; and the report is

prima facie evidence of such convictions, if the defendant admits them,

I ,

regardless

ings has alleged prior convictions.

of whether or not the complaint commencing the proceed-

For purposes of this section, a prior bail forfeiture shall be deemed to be a conviction of the offense charged.

In addition to imposing any other punishment authorized

by Section 43001, the court may order any person convicted of a traffic

infraction to attend a school for traffic violators for instruction in

the

this code.

tbe provisions of

43002.

 

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p~lrsuant to

I

ide Code;

101', trust, or

i

is added to

i

te any of the 'der, rule or ; a violation

ly or

punish-

I ,

ction 21000),

(

.nd 13

(com-

I

ction 24000),

(com-

ion

16

I

4

,n for which

ction thereof

~50) or

by

a

nore than 30 Tiction within

of not more

l

,

I

i

iriving privi- i suspension;

!

period such hundred and ,ilege for not A prior con- Vehicle Code

I

y Bill No.

845 of

operation

of

a

motor

vehicle

consistent with

The court may suspend for not more than 90 days the driving priv-

of any person who wilfully fails to comply with such an order

ilege

to attend a school for traffic violators

43003. (a) When a person is sentenced to pay a fine for a traffic

infraction the fine shall be payable forthwith, except that the court may

grant permission for the payment to be made within a specified period of time or in specified installments. Such permission shall be made

contingent upon the person giving his written promise to pay the fine

within the time

the fine or any installment thereof is due. Any person wilfully violating his written promise to pay the fine or appear in court is guilty of a misdemeanor.

authorized or to appear in court on the date on which

(b) If within the time authorized by the court a person convicted of a traffic infraction fails to pay the fine imposed or any installment thereof, the court may suspend the driving privilege and order the person to surrender his driver's license to the court. Every such order suspending the driving privilege for nonpayment of a fine shall specify

the

two dollars ($2) of the fine.

extent of the suspension which shall not exceed one day for every

43004. Acts defined by law as traffic infractions and committed on

or after January 1, 1968, do not constitute crimes or public offenses. Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply, including but not limited to powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

43005.

No person charged with a traffic infraction shall be entitled

to a trial by jury.

43006. A person charged with a traffic infraction shall not be en-

titled to have counsel appointed to represent him or to have the public

defender

as provided by law.

43007. (a) When a criminal offense and a traffic infraction have

been joined or consolidated for trial and a jury trial is demanded the

court may order that the criminal offense be tried by jury and the in-

fraction

represent him, except when he is arrested and not released

tried by the court, or that the criminal offense and the infrac-

tion be tried by jury.

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JUDICIAL COUNCIL OF CALIFORNIA

(b) When a defendant is charged with a criminal offense the jury, or

the judge if a jury trial is waived, may find the defendant guilty of any infraction, the commission of which is necessarily included in the

offense charged.

offense charged.

Sec. 3.

1803.

. Section 1803 of the Vehicle Code is amended to read:

(a) Every clerk of a court, or judge if thcre be no clerk, in

which a person was convicted for any violation of this code, and of any narcotic offense under Division 10 ('commencing with Section

of the Health and Safety Code, and of any violation of any

other statute relating to the safe operation of vehicles, shall prepare withffi W ~ aitei' eeffi4etioo and immeEl-iMcly forward to the depart- ment at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted which abstract must be certified by the person so required to prepare the same to be

true and correct. In those cases in which the cour-t has sllspended the dr-iving pr-ivilege of the pel'son convicted, the abstr-act shall be for-war-ded within two court days aftel' the wspension is imposed. All other- ab- stracts shall be forwar-ded within 10 days after conviction.

For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.

11000)

(b) Violations of Sections 22500, 22502, 22503, 22.508, and 22514 re-

lating to the parking of vehicles, and violations for which a person was cited as a pedestrian or while operating a bicycle, are not required to

be reported under (a) above, unless the COltrt has suspended the dl'iv- ing pl'ivilege .

Sec. 4. Section 12951 of the Vehicle Code is amended to read:

12951. (a)

The licensee shall have the license issued to him in his

immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the per- son charged produces in court a driver's license duly issued t~ such person and valid at the time of his arrest, except that upon a thIrd or subsequent charge the court in its discretion may dismiss the char~e. When a temporary, interim, or duplicate driver's license is produced III court the charge shall not be dismissed unless the court has been fur- nished proof by the Department of Motor Vehicles that such tempo- rary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoke~, and that the person was eligible for such temporary, interim, or duplI- cate license. (b) The driver of a motor vehicle shall present his license for exam- ination upon demand of a peace officer enforcing the provisions of this

code. fe+ GefWtet.i_ :~nder tffis seeti6fi shaH Btl punish~ ~ a ~ net ezeeeffing Mty- dellars ($50) er ~ imprisenffiefH; ffl the eellnty ;fail net exeeeding ffie day&.-

Sec. 5.

Section 21714 of the Vehicle Code is amended to read:

21714.

Ne It is a misdemeanor for the owner of a publicly or pri-

vately owned ambulance sficll to permit the operation of such ambu- lance in emergency service unless either the operator thereof or an attendant on duty therein possesses an Advanced American Red Cross First Aid Certificate or an Advanced First Aid Certificate issued by

1967 REPORT j

the United States BUl lance is operated in v tion, the Commissione notice and hearing, 1" owner to operate am] may order that no alI as an authorized emer and regulations to imp Sec. 6. Section 22, 22365. Violations' driving at a speed of speed or, in any even meanor.

Sec. 7.

Section 23

23102.

(a)

It

is

1

under the influence oj ence of intoxicating I highway. Any p~rs?r upon a first convlctlo than 30 days nor mOl hundred fifty dollars or by both such fin< subsequent convictior prisonment in the c, than one year and b; ($250) nor more th under this section s1 has previously been

code.

(b)

If any perso'

under this section .

granted probation, j

son be confined in ja and pay a fine of a more than one thOUSl

( c)

If the person

years and the vehic:

persotl, the vehicle:

less than one day no Sec. B. Section:

23103. Any pen

ful or wanton disre:

of reckless driving thereof shall be pu:

less than five days

twenty-five

dollars

($250) or by both

Section 23104.

Sec. 9.

Section

23109.

(a)

Ne

gage in any motor

1967 REPORT TO THE GOVERNOR AND

THE LEGISLATURE

21

nse the jury, or ldant guilty of included in the

to read:

be no

clerk, in

is

5 with Section iolation of any >, shall prepare d to the depart- ,rd of the court which abstract the same to be

of

cod e,

and

; S1I spended the III be forwarded l. All other ab- tion.

111 be equivalent

3, and 22514 re- ch a person was not required to

,ended the dr·iv-

ed to read:

~d to him in his or vehicle upon

1 when the per- issued to such upon a third or ~iss the charge. ) is produced in ·t has been fur- at such tempo- the arrest, that led or revoked, :erim, or dupli-

I,

lense for exam- ovisions of this

(

ooffiHy jailllilt I

~by ft Roo llilt

to read:

ublicly or pri. of such ambu- thereof or an can Red CrosS cate iss ned by

f

the United States Bureau of Mines. In any case in which an ambu- lance is operated in violation of the preceding provisions of this sec- tion, the Commissioner of the California Highway Patrol may, after notice and hearing, revoke any permit that has been issued to such owner to operate ambulances as authorized emergency vehicles and may order that no ambulance owned by such owner may be operated as an authorized emergency vehicle. The commissioner may issue rules and regulations to implement this section.

Sec.

6.

Section 22365 is added to the Vehicle Code, to read:

22365. Violations of this chapter are traffic infractions except that

driving at a speed of 25 miles or more per hour in excess of the lawful speed or, in any event, driving 85 miles or more per hour is a misde- meanor.

Sec. 7.

Section 23102 of the Vehicle Code is amended to read:

23102.

(a) It is unlawfal a misdemeanor for any person who is

under the influence of intoxicating liquor, or under the combined influ- ence of intoxicating liquor and any drug, to drive a vehicle upon any

highway. Any person convicted under this section shall be punished upon a first conviction by imprisonment in the county jail for not less than 30 days nor more than six months or by fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) or by both such fine and imprisonment and upon a second or any subsequent conviction, within seven years of a prior conviction, by im- prisonment in the county jail for not less than five days nor more than one year and by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). A conviction under this section shall be deemed a second conviction if the person has previously been convicted of a violation of Section 23101 of this code.

(b) If any person is convicted of a second or subsequent offense

under this section within seven years of a prior conviction and is granted probation, it must be a condition of probation that such per- son be confined in jail for at least five days but not more than one year and pay a fine of at least two hundred fifty dollars ($250) but not more than one thousand dollars ($1,000).

(c) If tl'le person convicted under this section is under the age of 21

years and the vehicle used in any such violation is registered to such person, the vehicle may be impounded at the owner's expense for not

less than one day nor more than 30 days.

Sec.

23103. Any person who drives any vehicle upon a highway in wil-

8.

Section 23103 of the Vehicle Code is amended to read:

ful or wanton disregard for the safety of persons or property is guilty

of reckless driving, which is a misdemea.nor, and upon conviction thereof shall be punished by imprisonment in the county jail for not less than five days nor more than 90 days or by fine of not less than twenty-five dollars ($25) nor more than two hundred fifty dollars ($250) or by both such fine and imprisonment, except as provided in Section 23104.

Sec. 9.

Section 23109 of the Vehicle Code is amended to read:

 

23109.

(a)

Ne

It

is

a.

misdemeamor

for

any

person sfiall

to

en-

gage in any motor vehicle speed contest or exhibition of specd on a

--~------

--~-

22 JUDICIAL COUNCIL OF CALIFORNIA highway and no person shall aid or abet in any

22

JUDICIAL COUNCIL OF

CALIFORNIA

highway and no person shall aid or abet in any motor vehicle speed contest or exhibition on any highway.

the pur-

(b) Ne It is a misdemeanor

for

any

person , shall for

pose of facilitating or aiding or as an incident to any motor vehicle

speed contest upon a highway, to in any manner obstruct or place any barricade or obstruction or assist or participate in placing any barri- cade or obstruction upon any highway.

(c) Any person who violates this section shall upon conviction

thereof be punished by imprisonment in the county jail for not more than 90 days or by fine of not more than two hundred fifty dollars

($250) or by both such fine and imprisonment.

Sec. 10.

Section 23111 of the Vehicle Code is amended to read:

23111.

Outside of a business or residence district no person in any

vehicle and no pedestrian shall willfully or negligently throw or dis- charge from or upon any road or highway or adjoining area, puhlic or private, any lighted cigare'tte, cigar, ashes, or any other flaming or

glowing substance. A.ny violation of the provisions of this section is a

misdemeanor. This section shall be known as the Paul Buzzo Act.

Sec. 11.

Section 23112 of the Vehicle Code is amended to read:

23112.

(a) No person shall throw or deposit, nor shall the regis-

tered owner or the driver, if such owner is not then present in the vehicle, aid Or abet in the throwing or depositing upon any highway any

bot~l~, can, garbage, glass, nai~, offal, p?-per, wir" any substance likely to lllJure or damage traffic usmg the hIghway, or any noisome, nause- ous or offensive matter of any kind.

(b) No person shall place, deposit or dump, or cause to be placed,

deposited or dumped, any rocks or dirt in or upon any highway, in- cluding any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the highway.

(c) Any violation of the provisions of this section is a misdemeanor.

Sec. 12.

Section 27003 of the Vehicle Code is amended to read:

27003.

An armored car may be equipped with a siren which may be

used while resisting armed robbery. At all other times, the siren shall not be sounded. The authority to use a siren granted by this section does not constitute an armored car an authorized emergency vehicle, and all other provisions of this code applicable to drivers of vehicles

apply to drivers of armored cars. Any violation of the provisions of this section is a misdemeanor.

Sec. 13. Section 27460.5 of the Vehicle Code is amended to read:

27460.5. Ne It is a misdemeanor tor any person shall knowingly to sell or offer or expose for sale any motor vehicle tire except a com- mercial vehicle tire, or any motor vehicle equipped with any tire ex- cept a commercial vehicle tire, which has been recut or regrooved. For purposes of this section a recut or regrooved tire is an unretreaded or unrecapped tire into which new grooves have been cut or burned. Sec. 14. Section 27461 of the Vehicle Code is amended to read:

cause

or permit the operation of an ~ for any driver shaH knowinglY to operate any motor vehicle except a commercial vehicle, on any street or highway, which is equipped with one or more recut or re- grooved tires. For purposes of this section a recut or regrooved tire

27461. Ne

It

is

a

misdemeanor

tOl'

any

person

shall

to

27461. Ne It is a misdemeanor tOl' any person shall to is an unretreadel cut or

is an unretreadel cut or burned.

Sect

Sec. 15.

27500. (a) 'I standards and c

i. vehicle type as

(b)

In adopti

evidence of gen which have beer

sion.

t I

(c)

In adopti

I cass strength, si:

I acteristics.

\

(d) Ne

for

l offer

It

i.

sale al

( in compliance w

erative six mon1

become effective.

This sect

(e)

cars.

I

o

"

Sec. 16.

Sec!

28501.

Ne

I

. station unless a

1

Sec. 17.

Sec

28511.

It

is

a licensed static chapter.

 

Sec. 18.

Sec

35784.

It is 1

i

\

any of the term in an incorpora

( the permit wou , permittee may I I provided that tl route. A detour

l

streets.

Sec. 19.

Sec

35790.

(a)

with respect to

!

, application in

I annual permit; coach in exces,

~ width, exclusiv 35109, and 35:

(

l

I

1

party granting

(b) A publi

permits for the

ing the individ or relocation of

apr

the trailer coal

(c) The

-.

 

I

\

. vehicle speed

,

for

the pur-

motor vehicle ;t or p la.ce any

.ing a.ny barri-

I

1

Jon conviction

 

I

for not more

:d fifty

dollars

i

to read:

 

person in any . throw or dis- 19 area, public .her flaming or

his section is a

I

1

(

uzzo Act. ded to read:

;hall the regis- present in the

'y highway any

ubstance likely 10isome, nause-

I I

I

}

J967 REPORT

TO

THE GOVERNOR AND

THE LEGISLATURE

23

is an unretreaded or unrecapped tire into which new grooves have been cut or burned.

Sec. 15.

Section 27500 of the Vehicle Code is amendcd to read:

27500.

(a) The department shall adopt regulations relating to

standards and certification procedure for new tires of the passenger

vehicle type as it determines necessary to provide for public safety.

(b) In adopting these regulations, the department shall consider as

evidence of generally accepted standards, the rules and regulations

which have been adopted by the Vehicle Equipment Safety Commis- sion.

(c) In adopting these regulations, the department shall consider car-

cass strength, size and load capacity, performance and mounting char-

acteristics.

any person shaH to sell or

offer for sale any new tire of the passenger vehicle type that is not in compliance with such regulations. This subdivision shall become op- erative six months after the date upon which the regulations adopted become effective.

(d) Ne

It

is

a

misdemeanor

for

(e)

This section shall have no application to motorcycles or house

cars.

 

Sec. 16.

Section 28501 of the Vehicle Code is amended to read:

28501.

Ne It is a misdemeanor for any person shaH to operate a

station unless a license therefor has first been issued by the department.

Sec. 17.

Section 28511 of the Vehicle Code is amended to read:

28511.

It is uRlavtful a misdemeanor for any person, other than

e to be placed,

y highway, in- ,ut the consent

,ighway.

a. misdemeanor.

d to read:

1 which may be the siren shall by this section ,rgency vehicle,

,ers of vehicles

e provisions of

ended to read:

llffill knowingly ~ except a com- th any tire ex- regrooved. For an unretreaded cut or burned. ld to read:

cause

knowingly

any

or re-

regrooved tire

siHHl

haH

,ehicle,

to

on

,re recut

a licensed station, to issue a certificate of compliance required by this

chapter.

Sec. 18.

Section 35784 of the Vehicle Code is amended to read:

35784.

It is a misdemeanol- traffic infraction for any persou to violate

r

I

~

l

\ .\

any of the terms or conditions of any such special permit, except that

in an incorporated city where compliance with the route described in the permit would result in a violation of local traffic regulations the permittee may detour from the prescribed route to avoid such violation I provided that the permittee returns as soon as possible to the prescribed route. A detour under this section shall be made ou only nonresidential streets.

Sec. 19.

Section 35790 of the Vehicle Code is amended to read:

35790.

(a) The Department of Public Works or local authorities

with respect to highways under their respective jurisdictions may upon application in writing and if good cause appears issue a special or annual permit in writing authorizing the applicant to move any trailer coach in excess of the maximum width but not exceeding 10 feet in
I

width, exclusive of lights and devices provided for in Sections 35112,

1 35109, and 35110, upon any highway under the jurisdiction of the
I party granting such permit.

A public agency in the exercise of its discretion in granting

permits for the movement of overwidth trailer coaches, and in consider-

Ing the individual circumstances of cach case, may use merchandising or relocation of residence as a basis for movement for good cause.

(c) The application for a special permit shall specifically describe

the trailer coach to be moved and the particular highways over which

(b)

J.-------------~

24

the permit to operate is requested, and whether the permit is requested for a single trip or for continuous operation. The application for an annual permit shall specifically describe the

The period f

power unit to be used to tow the overwidth trailers and the particular having filed or cau highways over which the permit to operate is requested. The annual or counterfeit docm

permit shall be subject to all of the conditions of this section and any

additional conditions imposed by the

The period f

ized to establish seasonal or other time limitations within which a trailer I having filed or cau coach may be moved on the highways indicated, and may require an ,or counterfeit docl undertaking or other security as may be deemed necessary to protect 'the ilepartment of the highways and bridges from injury or to provide indemnity for any I is a felony, expire

The time all

I' a misdemeanor, eXf

JUDICIAL

COUNCIL OF

CALIFORNIA

declared to be a fel 'as a felony or misd

tion as defined by

(b)

~

Department of the

(c)

public agency.

(d) The Department of Public Works or local authority is author-

injury resulting from the operation.

vided in paragrapl yond five years frOD

this section may not be issued except to licensed manufacturers, dealers

and transporters and only under the following conditions: Sec. 21. Section

40508. (a) Any appear in court or

(d)

.

(e) Permits for the movement of traIler coaches as provIded for m

1. The power unit used to tow overwidth trailers baving a gross

weight of 18 000 pounds or less must be a three-quarter-ton truck or

tractor or a' truck or tractor of greater power, equipped with dual bail is guilty of a

wheels.' The power unit used to tow an overwidth trailer having a gross

weight of more than 18,000 pounds must be a ton-and-one-half truck (b) Any person or tractor or truck or tractor of greater power, equipped with dual a criminal violatior

Section 21000) of 1 authorized by the

with the provisions of Sections 35550 and 35551 of this code.

3. A permit which has been issued for the movement of anJ: traIler

coach shall not be valid between sunset and sunnse of the followlllg day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays by the

The Department of Public Works or local aut~ority shaP. have

the authority to establish additional reasonable permIt regulatIOns as

they may deem necessary in the interest of public safety, which regu- lations shall be consistent with this section.

Every permit shall be carried in ~he trailer coach or power unit

to which it refers and shall be open to mspectIOn of any peace officer to stop and submit or traffic officer any authorized agent of the Department of Public tion endangering a:

wheels.

charge upon which.

2. The trailer

coach for

which

tbe

permit is issued shall

comply

.

lull payment of the

Sectior

42001. Every p . Division 10 (comm ffig with £e%i_ g 229130) aOO ±<l

I~

I

Sec. 22.

~

~

as it ilfl

¥isiffll:j,g (eemmeB

' with Section 29000 . and Sections 2800,

(f)

(g)

Works or any other officer or employee charged with the care and pro-

tection of the highways.

W

±t, it; ib misElemeal'lel' fui' ibl'lJ' pef'sel'l ffi vielate ibl'lJ' * the terms

.

eP eel'lditisl'ls * ibl'lJ' &aeft pel"mit.

fit

.

(h) To the extent that the application of this section to highways which are a part of the National System of Interstate and Defense Highways (as referred to in subdivision (a) of Section 108 of the Federal-aid Highway Act of 1956) would cause thIS State to be de-

prived of any federal

extent shall not be applIcable to highways which are a part of such

fUJ:.lds for hig~way purpo~es, this section to such

system.

Sec. 20.

Section 40000 of the Vehicle Code is amended to read:

40000. (a) It is unlawful and constitut.es a misdeme~n.or fo~ an:",

person to violate, or to fail to comply ":'l~h, any ~rovlsIOn of thiS

code

, unless the violation is under the prOVISIOns of thiS code expressly

23112, 27003, 2746

different penalty i, ished upon a first ( or by imprisonmer for a second convi

exceeding

county jail for no prisonment and fo riod of one year b~ or by imprisonmel or by both such fit

iug the penalty to

teletrr

a Motor Vehicles COl convictions; and t

one

hu:

consider

·.

:mit is requested

:illy describe the Ld the particular ted. The annual section and any

10rity is author- n which a trailer may require an ~ssary to protect demnity for any

provided for in 'acturers, dealers

]s:

having a gross ·ter-ton truck or ipped with dual ~r having a gross Ld-one-half truck ipped with d,ual

ed shall comply code. nt of any trailer' he following day, 'ollowing, nor on

aority shall have it regulations as 'ety, which regu-

ch or power unit any peace officer -tment of Public ;he care and pro-

unit any peace officer -tment of Public ;he care and pro- tion to highways .ate and

tion to highways .ate and Defense ction 108 of the

: State to be de-

is

section to such

e

a part of such

lded to read:

emeanor for any provision of this lis code expressly

1967 REPORT TO THE

GOVERNOR AND THE

LEGISLATURE

25

declared to be a felony or a public offense which is punishable either

as a felony or misdemeanor, or unless the violation is a traffic infrac- tion as defined by Section 43000 .

(b) The period for commencing criminal action against any person

having filed or caused to be filed any false, fictitious, altered, forged or counterfeit document with the Department of Motor Vehicles or the

Department of the California Highway Patrol shall, if the offense is a misdemeanor, expire one year from time of discovery of such act.

(c) The period for commencing criminal action against any person

having filed or caused to be filed any false, fictitious, altered, forged

or counterfeit document with the Department of Motor Vehicles or

the Department of the California Highway Patrol shall, if the offense is a felony, expire three years from time of discovery of such act.

(d) The time allowed for commencing criminal proceedings as pro-

vided in paragraphs (b) and (c) of this section shall not extend be-

yond five years from tbe date of commission of the act.

Sec. 21.

Section 40508 of the Vehicle Code is amended to read:

40508.

(a) Any person willfully violating his written promise to

appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(b) Any person willfully failing to pay a lawfully imposed fine for

a criminal violation of any provision of Division 11 (commencing with

Section 21000) of this code or for a traffic infraction within the time authorized by the court is guilty of a misdemeanor regardless of the full payment of the fine after such time.

Sec. 22.

Section 42001 of the Vehicle Code is amended to read:

42001.

Every person convicted of a misdemeanor for a violation of

Division 10 (commencing with Section 20000), Di':isisn H (esHlmene ffig wt-tfi See4;ioo ~OO% exeept Gllaptel's H (esmmeBeiRg with See- tioo 229130) iHHl ±3 (esmmeneing with Seetisn 2g2aO) iHHl exeept See- tioo 21461 as it applies te Yeflie~~lareFsssings, iHHl SeetisB 25 9 64, D-t- YisieR ±2 (esmmeneIDg wi#i Seetioo 24OOlB-; Division 13 (commencing with Section 29000), iHHl PWffiien ~ {$mmeneiug with Seetisn g5000) and Sections 2800, 2801, 2802, 2803, 2804 insofar as they affect failure to stop and submit to inspection of equipment or for an unsafe condi- tion endangering any person, 2806, 2809, iHHl 2812, 21714,23110, 23111,

23112, 27003, 27460.5, 27461, 27500, 28501 and 28511, except where a

different penalty is expressly provided in said provisions, shall be pun- ished upon a first conviction by a fine not exceeding fifty dollars ($50) or by imprisonment in the county jail for not exceeding five days and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) or by imprisonment in the county jail for not exceeding 10 days, or by both such fine and im- prisonment and for a third or any subsequent conviction within a pe- riod of one year by a fine of not exceeding five hundred dollars ($500) or by imprisonment in the county jail for not exceeding six months

or by both such fine and imprisonment. For the purpose of determin- ing the penalty to be imposed pursuant to this section, the court may consider a teletype esmffiuRieatien report from the Department of Motor Vehicles containing information from its records showing prior cQnvictions; and the eeffiffiuBieatisn report is prima facie evidence of

26 JUDICIAL COUNCIL OF CALIFORNIA such convictions, if the defendant admits them, regardless of whether

26

JUDICIAL COUNCIL OF

CALIFORNIA

such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. In addition to imposing any other punishment authorized by this section, the court may require o1'der any person convicted of a misde- meanor described in this section involving a traffic violation to attend a traffic ffiH~ school for t1'affic vio~at01's fup n&t mere than ~ fttffirs for instruction in the operation of a motor vehicle consistent with the provisions of this code.

The court may suspend for not more than 90 days the driving privi- ~e(Je of any p'erson who willfully fai~s to cornp~y with such am order to attend a schoo~ for traffic vio~ators.

For the purposes of this section, a prior bail forfeiture shall be deemed to be a conviction of the offense charged. Sec. 23. Section 42003 of the Vehicle Code is amended to read:

42003. A judgment that a person convicted of any fe~ony or mis-

demeanor violation of this code be punished by a fine may also order, adjudge and decree that the person be imprisoned until the fine is satisfied. In every such case, the judgment shall specify the extent of the imprisonment which shall not exceed one day for every five dol- lars ($5) of the,fine, nor extend in any such case beyond the term for which the defendant might be sentenced to imprisonment for the of- fense of which he was convicted. Sec. 24. Section 42004 of the Vehicle Code is amended to read:

42004, Any driver or operator of a trolley coach is guilty of a traffic infraction, a misdemeanor, or a felony H the ~tffi!ar seetien

Be p,'eYides, as provided by provis1:ons of this code applicable to the

particu~ar section, upon the violation of any of those sections enumer- ated in subdivision (c) of Section 21051. Sec. 25. Section 42005 of the Vehicle Code is repealed. 4200Ei. Eve'7 pe,'sen eenvieted ffi a vielatien ffi £eetiens 21709, 219EiO el' 219Eil sl<aH 00 punished by a fiM ffi n&t exeeeding fifty dellaFs ($EiO) el' by imflrisenmeut in the eeuuty jaH fup n&t exeeedifig fi¥e ~ exeept that suffi a yielatien pFeximatel;y eausing l3edily injury ~ the pedes:,'ian shall 00 punished as a misdemeaner. Sec. 26. The provisions of this act shall become operative on Jan- uary 1, 1968.

(

r

LIST OF VEHICLE COl

4159

Notice of Cbang,

4160

Cbange of Addre

4454

Display of Regis

12951

Possession of Li,

14600

Notice of Cbang,

21106

Establisbment 01

21113

Public Grouuds

21201

Equipment Requ

21202

Keep to Right

21203

Hi tching Rides

21204

Riding on B icyc:

21205

Carrying Article

21370

Regulation of T,

struction Zone

21406

Contractor's W.

21451

Green or "Go'.'

21<152

Yellow or "Caut

21453

Red or "Stop"

21454

Green Arrow

21455

Streetcar at Rei Signal

21456

Walk, Wait, or

21457

Flashing Signal,

21460

Double Lines

21460.5 Two-way Turnil

21461

Obedience to Oft

Control Devices

21462

Obedience to Tr

Signals

21463

Illegal Operatio

21464

Interference Wi

Devices

21465

Unautborized T

21466

Unlawful Displ:

21650

Rigbt Side of R

21651

Divided Highw,

21652

Entrance to Pul

From Service R

21653

One-way Traffic

21654

Slow-moving V,

21655

Designated Lan

21656

Turning Out of

moving Vehiclel

21657

Offcen ter Lanes

21658

Laned RoadwaJ

21659

Tbrec-Ianed Hi!

21660

Approacbing V,

21661

Narrow Roadw'

21662

Mountain Drivi

21663

Driving on Sid,

21664

On-Ramp Exit

21700

Obstruction to :

21701

Interference Wi

Mechanism

21703

Following Too

21704

Distance Betw,

2 8 J U D I C I A L COUNCIL OF CALIFORNIA 1 9

28

JUDICIAL

COUNCIL OF CALIFORNIA

1967 REPOR

221H

Hand Signals

 

22H2

School Bus Signal

22349

Maximum Speed

Limit

22350

Basic Speed

Law

22356

Increase of

Freeway Limit

22400

Minimum Speed Law

22405

Violations on Bridges and

Structures

22406

'.rruck Speed

22407

Decreasing Truck Speed Limit

22408

Passenger Vehicle or Bus as

Towing'

Vehicle

 

22409

Solid

Tire

22410

~Metal Tires

22412

Scbool Buses

22414

Farm Labor Bus or Truck

22450

Stop Requirements

22451

Train Signal

22452

Railroad

Crossings

22454

School Bus

22500

Prohibition of Stopping, Standing, or Parking

22502

Curb Parking

 

22504

Unincorporated Area Parking

22505

State Highway Parking

22510

Parking in Snow Areas

22514

Fire H~ydrants

 

22515

Unattended Vehicles

22516

Locked Vehicle

 

22517

Opening and Closing Doors

22520

Stopping on Freeway

22650 Prohibition of

Removal

22700

Abandonment Prohibited

23114

Spilling Loads on Highways

23115

Ruhbisb Vehicles

23120

Temple Widtb of Glasses

23121

Drinking in 'l\ilotor

Vehicle

23122

Possession of

Opened Con-

tainer

23123

Storage of Opened

Container

23123.5 Possession by

Minor

23341

Commercial Vehicles

23343

Violation of Rules and Regulations

24002

Vehicle

Not Equipped or

Unsafe

24003

Vebicle Witb Unlawful Lamps

24004

Unlawful Operation After

Notice by

Officer

24005

Sale, Transfer or Installation of Unlawful Equipment

24006

Name or Trademark

24007

Dealer's Responsibility

24008

Modification of Vebicles

24250

Lighting During Darkness

2-J252

Maintenance of

Lamps and

Devices

24400

Headlamps on Motor Vebicles

24401

Dimmed

Lights on Parked

Vehicles

24402

Auxiliary Driving and Passing

Lamps

24403

Fog Lamps

25951 Direction of Bef

25953 Compliance wit! Hegulations

26100 Mandatory Test Approval

26101 Approval of MOt

26301 Motor Vehicles (

24404

Spotlamps

24405 Maximum Number of Lamps

24406

24.07

24408

24409

24410

24600

Multiple Beams Upper and Lower Beam Beam Indicator

Use of Multiple Beams

Single Beams

'l.'aillamps

24601 License Plate Lamp

24602

24603

24604

24605

24606

24607

24608

24609

24800

24950

24951

24%2

249,,3

25100

Taillamps on Trucks

Stop Lamps

Lamps

25101 Clearance Lamps on Trailer

Coaches Lamps on Sides of Vehicles

Lamp or Flag on Projecting

Loacl

Red Flag on ~7ide Vehicles Courtesy Lamps

25105

25106 Side, Cowl, or Fender Lamps

25102

25103

2GI04

Tons

26302 Trailers

26303

26304

Breakway Brakf

26309 Disapproved Brl

Trailer Coaches

driven Cycle

Service Brakes (

Lamp or Flag on Projections

Tow Ca,·s and Towed Vcbicles Backup Lamps

Reflectors on Rear Reflectors on Front and Sides

Reflectors on Trucks 26453

Lighted Parking Lamps Turn Signal System Required rI'urn Signal System Yisibilit;y Requirements of Signals Turn Signal Lamps Clearance and Side-marker

263H

26450 Reqnired Bral\.e

26451 Parking Brake t

26452

26454

Brakes After En

Condition of Br:i

Control and Stol

ments

26457 Exemptions

26458

Power Brake: S:

26502 Adjustment and

Devices

26503 Safety Valve

26504 Air Governor

26505

26500

Pressure Gauge

';Yarning Device

26507 Check Valve

26508 Emergency StoPI

26520

Vacuum Gauge

26521 Warning Device

26522

26700

26701

26703

26706

26707

Cbeek Valve Windshields Safety Glass Safety Glass Rep Windsbield Wipe

Condition and U~

shield Wipers

26708 Restricted View:

or l\1aterial

26709 Mirrors

26710 Defective Windsb

Rear Windows

26711 Eyeshades on Bn:

Coacb

Defroster Requirl

Horns or Warnin

27000

26712

27001 Use of Horns

27002 Sirens

27150 Mufflers

27151 Modification of E:

Systems

Exha ust Pipes

27154

27155

27156

27300

27302

27303

27304

27305

Exhaust Productf:

Gases and Fumes

Fuel Tank Caps

Air Pollution Con

Safety Belts Use of Approved 1 Safety Belt Ancb,

Driver Training \

Firefighting Vehic

25107

Cornering Lamps on Feu~ers

25108

Pilot Indicator Lamps

2GI0n

Running

Lamps

252;:;0

Flashing Lights

25252

Warning Lamps ou Authorized

25253

Emergency Vehicles ';Varning Lamps on Tow Cars

25257

25268

2,,269

School Bus Warning Signal System

Use of Flashing Amber Warn- ing Ligbt Use of Red Warning Light

25300 Warning Devices on Disabled

or Parked Vebicles

25301 Utility and Public Utility

25305

25401

25452

25502

25650

Vehicles Use of Fusees

amps

and Signs

25651 Headlamps on Motor-driven Cycles

25803 Lamps on Otber Vehicles

25950

Color of Lights and Reflectors

Z

(

[

[

25350 Identification Lamps and Signs

25351 Identification I

25400 Lighting Requirements 27152

Diffused Lights Resembling 27153

Signs

Glare of Lights

Limitations on Reflectorizing

Material Headlamps on Motorcycles

(

}

'.

'. 1967 REPORT TO THE GOVERNOR AND THE LEGISLATURE 2 9 mber of Lamps JS  

1967 REPORT

TO THE

GOVERNOR AND

THE

LEGISLATURE

29

mber of Lamps

JS

 

wer Beam

or

Ie Beams

,

(

Lamp

I

 

Trucks

, on Projections 1Towed Vehicles

I

JS

Rear Front and Sides

rl'rucks

ing Lamps

System Required

i

{

\

System

I

 

quirements of

Lamps

l

ld Side-marker

lIDPS on Trailer

(

\

des of Vehicles

19 on Projecting

Wide Vehicles

mps

or Fender Lamps

,amps on FelH~ers

tor Lumps

 

,

mps

,

ghts

,

tmps on Authorized

\

Vehicles

nnps 00 Tow Cars Warning Signal

(

)

 

,

.bing Amber -VVarn·

\

Warning Li~ht evices on Disabled Vehicles

I

Public Utility

I

ees

on Lamps ano. Signs on Lamps and Signs .equi rements ights Resembling

\

ights s on Reflectorizing

.5 on Motorcycles son l\1otor-driven

Other Vehicles

\

rights and Reflectors

(

l

27309

27450

27452

27453

27454

27459

27460

27600

27601

27602

27603

27700

26311 Service Brakes on All Wheels

26450 Required Brake Systems

26451 Parking Brake System 27001

27900

259:>1

Direction of Beam

New Passenger Vehicles

Thickness of Solid Tire Condition of Solid Tire Dual Solid Tires

Protuberances on '.rires Snow-tread Tires Four-wheel Drive Vehicles

Fenders and Mudguards

Radiator Ornaments

Television

Former School Bus Coloring

Required Equipment

25953 Compliance with Mounting

Regulations

26100 Manda tory '.resting and

Approval

26101 Approval of :M.odifying Devices

26301 Motor Vehicles Over Seven

20302

TOllS

Trailers

20303 Trailer Coaches

26304 Breakway Brakes

20309 Disapproved Brake on l\1otor-

26452

driven Cycle

Brakes After Engine li'ailure

26453 Condition of Brakes

20454

20457

Control ano Stopping Require- ments

Exemptions

26458

Power Brake: Single Control

26502

Adjustment and Use of Special

Devices

26503

Safety Valve

26504

Air Governor

26505

Pressure Gauge

20506

';Yarning Device

26507

Check

Valve

26508

Emergency

Stopping System

26520

Vacuum Gauge

26521

Warning Device

26522

Check

Valve

26700

Windshields

26701

Safety Glass

26703

Safety Glass Replacement

26706

Windshield Wipers

20707

Condition

aod Use of Wiud-

shield Wipers

26708

Restricted View: Signs, Stickers Or 1\1aterial

26709

Mirrors

26710

Defective Windshields and Rear Windows

26711

Eyeshades on Bus or Trolley Coach

26712

Defroster Required

27000

Horns or Warning Devices

27001

Use of Horns

27002

Sirens

27150

Mufllers

27151

Modification of Exhaust Systems

27152

Exhaust Pipes

27153

Exhaust Products

27154

Gases and Fumes

27155

Fuel Tank Caps

27156

Air Pollution Control Device

27300

Safety Belts

27302

Use of Approved Belts

27303

Safety Belt AncDors

27304

Driver Training Vehicles

27305

Fil'efigh ting Vehicles

27800 Equipment for Passenger

27801

Required Position of Equipment

Identification Required Name and Trademark DesigIHI tion of Cargo Fire Departments School Buses Tow Cars Refrigerator Vans ,Vidth Pneumatic Tires Loo1'e Loads

27903

27005

27906

27907

28000

35100

35101

35102

35103 Plywood Loads

35104 Vehicles Limited to 120-inch Width

35109

35110

35111

35115

Projecting Lights or Devices Projecting Equipment Loads on Passenger Vehicles Projecting Devices for Agricul- tural Products Height General Limitation Combinations of Vehicles Passenger Buses in Urban or Suburban Service Passenger Buses Equipped 'Vith Tbree or More Axles

Length of Trolley Coach Loads

Front Bumper Moving Picture Equipment Projections to the Rear Combination of Vehicles

35250

35400

35401

35403

35404

35405