The Law

Here is my collection of helpful legal information. These are my notes, mostly pertaining to motorcycles, but also with other items that I felt I might run into or was good to know. If you need legal advice, seek legal counsel. If you are researching for a ticket, be sure to double check the current wording of the law as the law get modified/changed all the time and I cannot guarantee that I will on top of all recent additions. If you would like to start up a discussion on any of this - or anything, for that matter - please feel free to sign up on my Forum and start up a topic!

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California DMV Home Page
California Vehicle Code
California Law

Content

Brakes Closed Course Transportation Correctable Violation Court Penalties Dealership Requirements Definition of a Motorcycle Driver's License

Earplugs/HeadSet Engine Replacement Exhaust Helmet Identification Cards License Plate Lights

Mirrors Motorcycle Safety Program Passing On The Right Rider/Passenger Positioning Rules of the Road Salvage/Dismantled Turn Signals

Windscreen/Visor

Brakes

VC 2420. Motorcycle: Gross Brake Horsepower
VC 26311. Service Brakes on All Wheels
VC 26450. Required Brake Systems
VC 26454. Control and Stopping Requirements


VC 2420. Motorcycle: Gross Brake Horsepower

Upon request of the California Highway Patrol, manufacturers of motorcycles shall furnish a certification of gross brake horsepower to the department. If any manufacturer of motorcycles fails to comply with such request within 30 days from the date such request has been deposited in the mail, then and in that event no dealer shall sell or offer for sale the particular make and model of motorcycle for which the certification was requested.

VC 26311. Service Brakes on All Wheels

a) Every motor vehicle shall be equipped with service brakes on all wheels, except as follows:
(5) Any sidecar attached to a motorcycle.
(6) Any motorcycle manufactured prior to 1966. Such motorcycle shall be equipped with brakes on at least one wheel.
(c) Vehicles and combinations of vehicles exempted in subdivisions (a) and (b) from the requirements of brakes on all wheels shall comply with the stopping distance requirements of Section 26454.

VC 26450. Required Brake Systems

Every motor vehicle shall be equipped with a service brake system and every motor vehicle, other than a motorcycle, shall be equipped with a parking brake system. Both the service brake and parking brake shall be separately applied.
If the two systems are connected in any way, they shall be so constructed that failure of any one part, except failure in the drums, brakeshoes, or other mechanical parts of the wheel brake assemblies, shall not leave the motor vehicle without operative brakes.
VC 26454. Control and Stopping Requirements

(a) The service brakes of every motor vehicle or combination of vehicles shall be adequate to control the movement of and to stop and hold such vehicle or combination of vehicles under all conditions of loading on any grade on which it is operated.
(b) Every motor vehicle or combination of vehicles, at any time and under all conditions of loading, shall, upon application of the service brake, be capable of stopping from an initial speed of 20 miles per hour according to the following requirements:

Maximum Stopping Distance

(1) Any passenger vehicle = 25 feet
(2) Any single motor vehicle with a manufacturer's gross vehicle weight rating of less than 10,000 lbs. = 30 feet
(3) Any combination of vehicles consisting of a passenger vehicle or any motor vehicle with a manufacturer's gross vehicle weight rating of less than 10,000 lbs. in combination with any trailer, semitrailer or trailer coach = 40 feet
(4) Any single motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 lbs. or more or any bus = 40 feet
(5) All other combinations of vehicles = 50 feet

Closed Course Transportation

VC 38022. Motorcycles: Transportation on Highway
VC 38225. Off-Highway Motor Vehicle: Identification: Service Fee
VC 38232. Fee: Special Transportation Identification
VC 38088. Motorcycle Used in Racing


VC 38022. Motorcycles: Transportation on Highway

Notwithstanding the provisions of Section 4000, motorcycles issued a special transportation identification device pursuant to Section 38088 may be transported upon a highway to and from a closed course.

VC 38225. Off-Highway Motor Vehicle: Identification: Service Fee

(a) A service fee of seven dollars ($7) shall be paid to the department for the issuance or renewal of identification of off-highway motor vehicles subject to identification, except as expressly exempted under this division.
(b) In addition to the service fee specified in subdivision (a), a special fee of eight dollars ($8) shall be paid at the time of payment of the service fee for the issuance or renewal of an identification plate or device.
(c) All money transferred pursuant to Sections 8352.6 and 8352.7 of the Revenue and Taxation Code, all fees received by the department pursuant to subdivision (b), and all day use, overnight use, or annual or biennial use fees for state vehicular recreation areas received by the Department of Parks and Recreation, shall be deposited in the Off-Highway Vehicle Trust Fund, which is hereby created. There shall be a separate reporting of special fee revenues by vehicle type, including four-wheeled vehicles, three-wheelers, motorcycles, and snowmobiles. All money shall be deposited in the fund, which is a trust fund, and, upon appropriation by the Legislature, shall be allocated by the Off-Highway Motor Vehicle Recreation Commission, as provided in this section. Money in the fund shall be administered by the commission, as trustee of the fund, and, subject to Section 5090.61 of the Public Resources Code, shall be allocated for those purposes set forth in Section 5090.50 of the Public Resources Code.

(d) Any money temporarily transferred by the Legislature from the Off-Highway Vehicle Trust Fund to the General Fund shall be reimbursed, without interest, by the Legislature within two fiscal years of the transfer.
(e) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. Any unencumbered funds remaining in the Off-Highway Vehicle Trust Fund on January 1, 2007, shall be transferred to the General Fund.

NOTE: The preceding section is repealed January 1, 2007, at which time the following section becomes operative.

(a) A service fee of seven dollars ($7) shall be paid to the department for the issuance or renewal of identification of off-highway motor vehicles subject to identification, except as expressly exempted under this division.
< (b) This section shall become operative on January 1, 2007.

VC 38232. Fee: Special Transportation Identification

A special fee of fifteen dollars ($15) shall be paid to the department for the issuance of a special transportation identification device issued pursuant to Section 38088 and shall be deposited in the Motor Vehicle Account in the Transportation Tax Fund. The fee is in lieu of the fees provided in Section 38225.

VC 38088. Motorcycle Used in Racing

(a) Upon payment of the fee specified in Section 38232, the department shall issued to the owner of a motorcycle, which the owner has certified as being used exclusively in racing events on a closed course, a special transportation identification device for the purpose of identifying the motorcycle while it is being transported upon a highway to and from racing events on a closed course. Such device may be either a plate or a sticker, whichever is determined by the department to be the most appropriate.

(b) Such device is nonrenewable, nontransferable, and becomes invalid when the vehicle for which it was issued is sold or dismantled.

(c) A certificate of ownership may not be issued in conjunction with a special transportation identification device.

Correctable Violation

VC 40303.5. Notice to Correct Violation for Specified Infractions
VC 40610. Notice to Correct Violation
VC 40611. Proof of Correction of Violation: Transaction Fee
VC 38088. Motorcycle Used in Racing


VC 40303.5. Notice to Correct Violation for Specified Infractions
Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).

VC 40610. Notice to Correct Violation
(a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.

VC 40611. Proof of Correction of Violation: Transaction Fee
(a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a ten dollar ($10) transaction fee for each case. The fee shall be deposited by the clerk in accordance with Section 68084 of the Government Code, and allocated monthly as follows:
(1) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in the general fund of the entity.
(2) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code.
(3) Thirty-three percent shall be deposited in the county general fund.
(b) No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court.

Court Penalties

VC 42000. Felony
VC 42000.1. Driving in Excess of 100 Miles per Hour
VC 42000.5. Speeding Violations
VC 42001. Infractions and Special Misdemeanors
VC 42001.1. Intersections
VC 42001.2. Violation of Exhaust Standards
VC 42001.4. Transportation of Animals
VC 42001.5. Parking in Space Designated for Disabled Persons, Curbs, and Ramps
VC 42001.7. Littering
VC 42001.8. Unregistered Vehicle
VC 42001.10. Unidentified Off-Highway Vehicle
VC 42001.11. Exclusive or Preferential Use Lanes
VC 42001.12. Emergency Vehicles: Yield Right of Way
VC 42001.13. Imposition of Fine: Unlawful Parking in Disabled Space
VC 42001.14. Disconnecting, Modifying, or Altering a Pollution Control Device
VC 42001.15. Traffic Lights: Infractions: Penalty
VC 42001.17. Failure to Stop for Pedestrian: Penalties
VC 42001.18. Right-of-Way Violations: Penalties
VC 42002. General Misdemeanors
VC 42002.4. Removal of Identification Mark or Number: Penalty
VC 42002.5. Theft of Vehicle Modified For Use by Disabled Persons
VC 42004. Determination of Penalty
VC 42004.5. 24-Hour Suspension of Sentence
VC 42005. Court-Ordered Driving Instruction
VC 42005.1. Traffic Violator School Study: Participation
VC 42005.3. Diversion Program as Alternative to Procedure Required Under Code: Prohibition
VC 42006. Night Court Assessment
VC 42009. Fines: Offenses Committed in Highway Construction or Maintenance Area
VC 42011. Fine Enhancement: Passing a School
VC 42001.2. Violation of Exhaust Standards
VC 42001.4. Transportation of Animals


VC 42000. Felony
Unless a different penalty is expressly provided by this code, every person convicted of a felony for a violation of any provision of this code shall be punished by a fine of not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000) or by imprisonment in the state prison or by both such fine and imprisonment.

VC 42000.1. Driving in Excess of 100 Miles per Hour
Notwithstanding Section 42001, every person convicted of an infraction for a violation described in subdivision (b) of Section 22348 shall be punished by a fine not exceeding five hundred dollars ($500).

VC 42000.5. Speeding Violations
Every person convicted of an infraction for a violation of Section 22350, 22406, or 22407 while operating a bus, motor truck, or truck tractor having three or more axles, or any motor truck or truck tractor drawing any other vehicle, shall be punished by a fine not exceeding one hundred dollars ($100) for a first conviction, except that if the person has exceeded the specified speed limit by 10 miles per hour or more, the fine shall not exceed two hundred dollars ($200) for a first conviction, and not exceeding three hundred dollars ($300) for a second or subsequent conviction.

VC 42001. Infractions and Special Misdemeanors
(a) Except as provided in subdivision (e) of Section 21464, or Section 42000.5, 42001.1, 42001.2, 42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11, 42001.12, 42001.13, 42001.14, 42001.15, 42001.16, or subdivision (a) of Section 42001.17, or Section 42001.18, or subdivision (b), (c), or (d) of this section, or Article 2 (commencing with Section 42030), every person convicted of an infraction for a violation of this code or of any local ordinance adopted pursuant to this code shall be punished as follows:
    (1) By a fine not exceeding one hundred dollars ($100).
    (2) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200).
    (3) For a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, a fine not exceeding two hundred fifty dollars ($250).
(b) Every person convicted of a misdemeanor violation of Section 2800, 2801, or 2803, insofar as they affect failure to stop and submit to inspection of equipment or for an unsafe condition endangering any person, shall be punished as follows:
    (1) By a fine not exceeding fifty dollars ($50) or imprisonment in the county jail not exceeding five days.
    (2) For a second conviction within a period of one year, a fine not exceeding one hundred dollars ($100) or imprisonment in the county jail not exceeding 10 days, or both that fine and imprisonment.
    (3) For a third or any subsequent conviction within a period of one year, a fine not exceeding five hundred dollars ($500) or imprisonment in the county jail not exceeding six months, or both that fine and imprisonment.
(c) A pedestrian convicted of an infraction for a violation of this code or any local ordinance adopted pursuant to this code shall be punished by a fine not exceeding fifty dollars($50).
(d) A person convicted of a violation of subdivision (a) or (b) of Section 27150.3 shall be punished by a fine of two hundred fifty dollars ($250), and a person convicted of a violation of subdivision (c) of Section 27150.3 shall be punished by a fine of one thousand dollars ($1,000). (e) Notwithstanding any other provision of law, any local public entity that employs peace officers, as designated under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, the California State University, and the University of California may, by ordinance or resolution, establish a schedule of fines applicable to infractions committed by bicyclists within its jurisdiction. Any fine, including all penalty assessments and court costs, established pursuant to this subdivision shall not exceed the maximum fine, including penalty assessment and court costs, otherwise authorized by this code for that violation. If a bicycle fine schedule is adopted, it shall be used by the courts having jurisdiction over the area within which the ordinance or resolution is applicable instead of the fines, including penalty assessments and court costs, otherwise applicable under this code.

VC 42001.1. Intersections
(a) Every person convicted of an infraction for a violation of Section 2815 or a violation of Section 22526 at an intersection posted pursuant to subdivision (d) of Section 22526 shall be punished as follows:
    (1) For a first conviction, a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100).
    (2) For a second conviction within a period of one year, a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200).
    (3) For a third or any subsequent conviction within a period of two years, a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(b) In addition to the fine specified in subdivision (a), the court may order the department to suspend the driver's license for up to 30 days of any person convicted of a third or any subsequent conviction of Section 2815 within a period of two years, and the department shall suspend the license for the period of time so ordered.

VC 42001.2. Violation of Exhaust Standards
(a) A person convicted of an infraction for a violation of Section 27153.5 with a motor vehicle having a manufacturer's maximum gross vehicle weight rating of 6,001 or more pounds is punishable by a fine for the first offense of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500), and for a second or subsequent offense within one year of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000).
(b) A person convicted of an infraction for a second or subsequent violation of Section 27153, or a second or subsequent violation of 27153.5, with a motor vehicle having a manufacturer's maximum gross vehicle weight rating of less than 6,001 pounds, is punishable by a fine of not less than one hundred thirty-five dollars ($135) nor more than two hundred eighty-five dollars ($285) .
(c) Notwithstanding Section 40616, the penalties in subdivision (b) apply when a person is guilty of willfully violating a written promise to correct, or willfully failing to deliver proof of correction, as prescribed in Section 40616, when an offense described in subdivision (b) was the violation for which the notice to correct was issued and the person was previously convicted of the same offense, except that costs of repair shall be limited to those specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law and subject to Section 1463.15 of the Penal Code , revenues collected from fines and forfeitures imposed under this section shall be allocated as follows: 15 percent to the county in which the prosecution is conducted, 10 percent to the prosecuting agency, 25 percent to the enforcement agency, except the Department of the California Highway Patrol, and 50 percent to the air quality management district or air pollution control district in which the infraction occurred, to be used for programs to regulate or control emissions from vehicular sources of air pollution. If the enforcement agency is the Department of the California Highway Patrol, the revenues shall be allocated 25 percent to the county in which the prosecution is conducted, 25 percent to the prosecuting agency, and 50 percent to the air quality management district or air pollution control district in which the infraction occurred. If no prosecuting agency is involved, the revenues that would otherwise be allocated to the prosecuting agency shall instead be allocated to the air quality management district or air pollution control district in which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second or subsequent offense does not include an offense involving a different motor vehicle.

VC 42001.4. Transportation of Animals
Every person convicted of an infraction for violation of Section 23117 shall be punished as follows:
(a) By a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine of not less than seventy-five dollars ($75) nor more than two hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

VC 42001.5. Parking in Space Designated for Disabled Persons, Curbs, and Ramps
(a) A person convicted of an infraction for a violation of subdivision (i) or (l) of Section 22500, or of Section 22522, shall be punished by a fine of not less than two hundred fifty dollars ($250).
(b) No part of any fine imposed under this section may be suspended, except the court may suspend that portion of the fine above one hundred dollars ($100).
(c) A fine imposed under this section may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

VC 42001.7. Littering
(a) Every person convicted of a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction.
In no case may the court order imprisonment in the county jail for a violation punishable under this subdivision, unless imprisonment is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to subdivision (a), order the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court as follows:
    (1) For a first conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than eight hours.
    (2) For a second conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less that 16 hours.
    (3) For a third or subsequent conviction punished pursuant to subdivision (a), the court shall require the offender to pick up litter or clean up graffiti for not less than 24 hours. (c) It is the intent of the Legislature that persons convicted of highway littering be required to bear the penalty for their actions. Therefore, the court may not suspend the mandatory fines required by subdivision (a) except in unusual cases where the interest of justice would best be served by suspension of the fine. If the court suspends imposition of any fine required by subdivision (a), it shall, as a condition of that suspension, require the offender to pick up litter or clean up graffiti at a time and place within the jurisdiction of the court for not less than eight hours for every one hundred dollars ($100) of fine suspended. The court may not suspend the order to pick up litter or clean up graffiti required by this subdivision or subdivision (b) except in unusual cases where the interest of justice would best be served by suspension of that order.

VC 42001.8. Unregistered Vehicle
Every person convicted of an infraction for a violation of Section 4000 shall be punished by a fine of not less than fifty dollars ($50) and not more than two hundred fifty dollars ($250).

VC 42001.10. Unidentified Off-Highway Vehicle
Every person convicted for a violation of Section 38020 shall be punished by a fine of not less than fifty dollars ($50) for a first offense, and not more than two hundred fifty dollars ($250) for every subsequent offense.

VC 42001.11. Exclusive or Preferential Use Lanes
Every person convicted of an infraction for a violation of Section 21655.5 or 21655.8 shall be punished as follows:
(a) For a first conviction, a fine of not less than one hundred dollars ($100), nor more than one hundred fifty dollars ($150).
(b) For a second conviction within a period of one year, a fine of not less than one hundred fifty dollars ($150), nor more than two hundred dollars ($200).
(c) For a third or any subsequent conviction within a period of two years, a fine of not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500).

VC 42001.12. Emergency Vehicles: Yield Right of Way
Every person convicted of an infraction for a violation of Section 21806 shall be punished as follows:
(a) For a first conviction, by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
(b) For a second conviction within one year, by a fine of not less than one hundred fifty dollars ($150) nor more than five hundred dollars ($500).
(c) For a third or any subsequent conviction within three years, by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).

VC 42001.13. Imposition of Fine: Unlawful Parking in Disabled Space
(a) A person convicted of an infraction for a violation of Section 22507.8 shall be punished by a fine of not less than two hundred fifty dollars ($250).
(b) The court may suspend the imposition of the fine if the person convicted possessed at the time of the offense, but failed to display, a valid special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59.
(c) A fine imposed under this section may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

VC 42001.14. Disconnecting, Modifying, or Altering a Pollution Control Device
(a) Every person convicted of an infraction for the offense of disconnecting, modifying, or altering a required pollution control device in violation of Section 27156 shall be punished as follows:
    (1) For a first conviction, by a fine of not less than fifty dollars ($50), nor more than one hundred dollars ($100).
    (2) For a second or subsequent conviction, by a fine of not less than one hundred dollars ($100), nor more than two hundred fifty dollars ($250).
(b) (1) The fines collected under subdivision (a) shall be allocated pursuant to subdivision (d) of Section 42001.2.
    (2) The amounts allocated pursuant to paragraph (1) to the air pollution control district or air quality management district in which the infraction occurred shall first be allocated to the State Air Resources Board and the Bureau of Automotive Repair to pay the costs of the state board and the bureau under Article 8 (commencing with Section 44080) of Chapter 5 of Part 5 of Division 26 of the Health and Safety Code.
    (3) The funds collected under subdivision (a) which are not required for purposes of paragraph (2) shall be used for the enforcement of Section 27156 or for the implementation of Article 8 (commencing with Section 44080) of Chapter 5 of Part 5 of Division 26 of the Health and Safety Code.

VC 42001.15. Traffic Lights: Infractions: Penalty
Every person convicted of an infraction for a violation of subdivision (a) or (c) of Section 21453, subdivision (c) of Section 21454, or subdivision (a) of Section 21457 shall be punished by a fine of one hundred dollars ($100).

VC 42001.17. Failure to Stop for Pedestrian: Penalties
Notwithstanding any other provision of law, every person convicted of an infraction for a violation of Section 21951 shall be punished as follows:
(a) For the first infraction, by a fine of one hundred dollars ($100).
(b) For a second infraction for a violation of Section 21951 occurring within one year of a prior infraction of violating of that section that resulted in a conviction, by a fine not exceeding two hundred dollars ($200), as provided in paragraph (2) of subdivision (a) of Section 42001.
(c) For a third or any subsequent infraction for a violation of Section 21951 occurring within one year of two or more prior infractions of violating that section that resulted in convictions, by a fine not exceeding two hundred fifty dollars ($250), as provided in paragraph (3) of subdivision (a) of Section 42001.

VC 42001.18. Right-of-Way Violations: Penalties
Notwithstanding any other provision of law, every person convicted of an infraction for a violation of Section 21971 shall be punished as follows:
(a) For the first infraction, by a fine of two hundred twenty dollars ($220).
(b) For a second infraction for a violation of Section 21971 occurring within one year of a prior violation of that section that resulted in a conviction, by a fine of three hundred twenty dollars ($320).
(c) For a third or any subsequent infraction for a violation of Section 21971 occurring within one year of two or more prior infractions of violating that section that resulted in convictions by a fine of three hundred seventy dollars ($370).

VC 42002. General Misdemeanors
Unless a different penalty is expressly provided by this code, every person convicted of a misdemeanor for a violation of any of the provisions of this code shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.

VC 42002.4. Removal of Identification Mark or Number: Penalty
A violation of Section 10751 shall be punished by imprisonment in the county jail not exceeding six months if the value of the property does not exceed four hundred dollars ($400), and by imprisonment in the county jail not exceeding one year if the value of the property is more than four hundred dollars ($400).

VC 42002.5. Theft of Vehicle Modified For Use by Disabled Persons
Notwithstanding Section 42002, every person convicted of a violation of Section 10852 or 10853 involving a vehicle that has been modified for the use of a disabled veteran or any other disabled person and that displays a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 22511.55 or 22511.59, if those facts are known or should reasonably have been known to the person, shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.

VC 42003. Payment of Fines and Court and Other Costs
(a) A judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. A judgment granting a defendant time to pay the fine shall order that if the defendant fails to pay the fine or any installment thereof on the date that it is due, he or she shall appear in court on that date for further proceedings. Willful violation of the order is punishable as contempt.
(b) A judgment that a person convicted of any other 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 all of these cases, the judgment shall specify the extent of the imprisonment which shall not exceed one day for every thirty dollars ($30) of the fine, nor extend in this case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he or she was convicted.
(c) In any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of this code, the court, upon request of the defendant, shall consider the defendant's ability to pay. Consideration of a defendant's ability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. The reasonable cost of these services and of probation shall not exceed the amount determined to be the actual average cost thereof. The court shall order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of those costs or the court or traffic referee may make this determination at a hearing. At that hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, to confront and cross-examine adverse witnesses, to disclosure of the evidence against him or her, and to a written statement of the findings of the court or the county officer. If the court determines that the defendant has the ability to pay all or part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant's financial ability; or, with the consent of a defendant who is placed on probation, the court shall order the probation officer to set the amount of payment, which shall not exceed the maximum amount set by the court, and the manner in which the payment shall be made to the county. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
The court may hold additional hearings during the probationary period. If practicable, the court or the probation officer shall order payments to be made on a monthly basis. Execution may be issued on the order in the same manner as a judgment in a civil action. The order to pay all or part of the costs shall not be enforced by contempt.
A payment schedule for reimbursement of the costs of presentence investigation based on income shall be developed by the probation department of each county and approved by the presiding judge of the superior court.
(d) The term "ability to pay" means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the presentence investigation, preparing the presentence report, and probation, and includes, but is not limited to, all of the following regarding the defendant:
    (1) Present financial position.     (2) Reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position.     (3) Likelihood that the defendant will be able to obtain employment within the six-month period from the date of the hearing.     (4) Any other factors that may bear upon the defendant's financial capability to reimburse the county for the costs. (e) At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change of circumstances with regard to the defendant's ability to pay the judgment. The court shall advise the defendant of this right at the time of rendering of the judgment.

VC 42004. Determination of Penalty
For the purpose of determining the penalty to be imposed pursuant to this code, the court may consider a written report from the Department of Motor Vehicles containing information from its records showing prior convictions; and the communication is prima facie evidence of such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions.
For the purpose of this chapter a prior bail forfeiture shall be deemed to be a conviction of the offense charged.

VC 42004.5. 24-Hour Suspension of Sentence
Upon conviction of any violation of any provision of this code, other than a felony violation and except this section, execution of sentence of imprisonment in the county jail shall be suspended, at the request of the convicted person, for a period of 24 hours, unless the judge determines that the person would not return. If, prior to the end of such period, the person does not deliver himself into custody for commencement of the execution of such sentence, his failure to appear shall constitute a misdemeanor.

VC 42005. Court-Ordered Driving Instruction
(a) The court may order any person convicted of a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) In lieu of adjudicating a traffic offense, and with the consent of the defendant, or after conviction of a traffic offense, the court may order any person issued a notice to appear for a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5.
(c) Except as otherwise provided in subdivision (d), any person so ordered may choose the traffic violator school the person will attend. The court shall make available to each person subject to such an order the current list of traffic violator schools published by the department pursuant to Section 11205.
(d) In those counties where, prior to January 1, 1985, one or more individual courts, or the county acting on behalf of one or more individual courts, contracted for the provision of traffic safety instructional services to traffic violators referred by the court pursuant to a pretrial diversion program, the courts may restrict referrals under this section to those schools for traffic violators or licensed driving schools which are under contract with the court or with the county to provide traffic safety instructional services for persons referred pursuant to subdivision (a).
(e) A county described in Section 28023 of the Government Code may continue to provide the program authorized by this section in accordance with the provisions of current and future contracts as may be amended and approved by the individual courts within that county and the county shall be exempt from state regulations relative to maximum classroom attendance.
(f) Notwithstanding subdivision (b), a court may not order a person to attend traffic violator school in lieu of adjudicating an offense if the person was issued a notice to appear for a serious traffic violation, as defined in subdivision (i) of Section 15210, that occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210.
(g) Any person who willfully fails to comply with a court order to attend traffic violator school is guilty of a misdemeanor.

Amended Ch. 1354, Stats. 1990. Effective January 1, 1991.
Amended Sec. 54, Ch. 724, Stats. 1999. Effective January 1, 2000
NOTE: The preceding section becomes inoperative on September 20, 2005, at which time the following section becomes operative.

42005.

(a) The court may order or permit a person convicted of a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) In lieu of adjudicating a traffic offense committed by a person who holds a noncommercial class C, class M1, or class M2 driver’s license, and with the consent of the defendant, the court may order the person to attend a licensed traffic violator school, a licensed driving school, or any other court-approved program or driving instruction.
(c) Pursuant to Title 49 of the Code of Federal Regulations, the court may not order or permit a person who holds a class A, class B, or commercial class C driver’s license to complete a licensed traffic violator school, a licensed driving school, or any other court-approved program of driving instruction in lieu of adjudicating any traffic offense committed by the holder of a class A, class B, or commercial class C driver’s license.
(d) The court may not order or permit a person, regardless of the driver’s license class, to complete a licensed traffic violator school, a licensed driving school, or any other court-approved program of driving instruction in lieu of adjudicating an offense if that offense had occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210.
(e) Except as otherwise provided in subdivision ( )3 (f), a person so ordered may choose the traffic violator school the person will attend. The court shall make available to each person subject to that order the current list of traffic violator schools published by the department pursuant to Section 11205.
(f) In those counties where, prior to January 1, 1985, one or more individual courts, or the county acting on behalf of one or more individual courts, contracted for the provision of traffic safety instructional services to traffic violators referred by the court pursuant to a pretrial diversion program, the courts may restrict referrals under this section to those schools for traffic violators or licensed driving schools that are under contract with the court or with the county to provide traffic safety instructional services for persons referred pursuant to subdivision (a).
(g) A county described in Section 28023 of the Government Code may continue to provide the program authorized by this section in accordance with the provisions of current and future contracts as may be amended and approved by the individual courts within that county and the county shall be exempt from state regulations relative to maximum classroom attendance.
(h) Notwithstanding subdivisions (f) and (g), a court in the counties described in those subdivisions shall comply with the prohibitions set forth in subdivisions (c) and (d).
(i) A person who willfully fails to comply with a court order to attend traffic violator school is guilty of a misdemeanor.
(j) This section shall become operative on September 20, 2005.

VC 42005.1. Traffic Violator School Study: Participation
The court may order any person designated to attend a traffic violator school to instead participate in a study of traffic violator schools licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. The person's participation in that study constitutes attending a court- supervised program of traffic safety instruction for purposes of Section 42007.

VC 42005.3. Diversion Program as Alternative to Procedure Required Under Code: Prohibition
Operative January 1, 1993, no local authority may allow a person who is alleged to have committed a traffic offense in violation of this code or an ordinance or resolution adopted under this code, to participate in a driver awareness or education program or in any other diversion program as an alternative to the procedure required to be followed under this code for alleged violations of this code.
This section does not apply to diversion programs for minors who commit infractions not involving a motor vehicle for which no fee is charged.

VC 42006. Night Court Assessment
(a) Except as provided in subdivision (c), there may be levied a special assessment in an amount equal to one dollar ($1) for every fine and forfeiture, imposed and collected by any court which conducts a night session of the court, on all offenses involving a violation of a section of this code or any local ordinance adopted pursuant to this code, except offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which this section applies, in a case in which the person is required to appear in a court which conducts a night session, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this section for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted by the clerk of the court to the county treasury for disposition as prescribed by subdivision (d).
(c) If a court conducts sessions at two or more locations, the court may do either of the following:
(1) Levy assessments only on those persons who are required to appear at the location where night sessions are held.
(2) Levy assessments on persons who have the option to appear at a location where night court sessions are held and that location is within 25 miles of the location of the court where the person is otherwise required to appear, if the court prepares and submits a report to the Legislative Analyst on or before February 1, 1986, which itemizes the additional costs of the night court session or sessions for the calendar years of 1983, 1984, and 1985, and the revenues received from the assessment levied under subdivision (a) in those calendar years.
(d) After a determination by the court of the amount of the assessment due, the clerk of the court shall collect the amount and transmit it to the county treasury to be deposited in the night court session fund, and the money in the fund shall be expended by the county for maintaining courts in the county which have night sessions for traffic offenses.
(e) In any case where a person convicted of any offense to which this section applies is imprisoned until the fine is satisfied, the judge shall waive the penalty assessment.

VC 42009. Fines: Offenses Committed in Highway Construction or Maintenance Area
(a) For any offense specified in subdivision (b), committed by the driver of a vehicle within a highway construction or maintenance area, during any time when traffic is regulated or restricted through or around that area pursuant to Section 21367, when the highway construction or maintenance is actually being performed in the area by workers acting in their official capacity, the fine, in a misdemeanor case, shall be double the amount otherwise prescribed. In an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense which is subject to subdivision (a):
(1) Section 21367, relating to regulation of traffic at a construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11, relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11, relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11, relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104, relating to reckless driving which results in bodily injury to another.
(10) Section 23109, relating to speed contests.
(11) Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating
to alcohol-related reckless driving. (12) Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another.
(13) Section 23220, relating to drinking while driving.
(14) Section 23221, relating to drinking in a motor vehicle while on the highway.
(15) Section 23222, relating to driving while possessing an open alcoholic beverage container.
(16) Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container.
(17) Section 23224, relating to being a driver or passenger under the age of 21 possessing an open alcoholic beverage container.
(18) Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container.
(19) Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance work is actually being performed by workers, and there are work zone traffic control devices, traffic controls or warning signs, or any combination of those, to notify motorists and pedestrians of construction or maintenance workers in the area.
VC 42011. Fine Enhancement: Passing a School
(a) For any offense specified in subdivision (b) that is committed by the driver of a vehicle under either of the following conditions, the fine in a misdemeanor case shall be double the base amount otherwise prescribed, not including any penalty assessments or other fees or additions, and in an infraction case, the fine shall be one category higher than the penalty otherwise prescribed by the uniform traffic penalty schedule established pursuant to Section 40310, not including any penalty assessments or other fees or additions:
(1) When passing a school building or the grounds thereof, if the building or grounds are contiguous to a highway and posted with a standard "SCHOOL" warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone, and children are going to or leaving the school either during school hours or during the noon recess period.
(2) When passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children, and the highway is posted with a standard "SCHOOL" warning sign and an accompanying sign notifying motorists that increased penalties apply for traffic violations that are committed within that school zone.
(b) A violation of any of the following provisions is an offense that is subject to subdivision (a):
(1) Article 3 (commencing with Section 21450) of Chapter 2 of Division 11, relating to obedience to traffic devices.
(2) Chapter 3 (commencing with Section 21650) of Division 11, relating to driving, overtaking, and passing.
(3) Chapter 4 (commencing with Section 21800) of Division 11, relating to yielding the right-of-way.
(4) Chapter 6 (commencing with Section 22100) of Division 11, relating to turning and stopping and turn signals.
(5) Chapter 7 (commencing with Section 22348) of Division 11, relating to speed limits.
(6) Chapter 8 (commencing with Section 22450) of Division 11, relating to special traffic stops.
(7) Section 23103, relating to reckless driving.
(8) Section 23104, relating to reckless driving which results in bodily injury to another.
(9) Section 23109, relating to speed contests.
(10) Section 23152, relating to driving under the influence of alcohol or a controlled substance, or a violation of Section 23103, as specified in Section 23103.5, relating to alcohol-related reckless driving.
(11) Section 23153, relating to driving under the influence of alcohol or a controlled substance, which results in bodily injury to another.
(12) Section 23220, relating to drinking while driving.
(13) Section 23221, relating to drinking in a motor vehicle while on the highway.
(14) Section 23222, relating to driving while possessing marijuana or an open alcoholic beverage container.
(15) Section 23223, relating to being in a vehicle on the highway while possessing an open alcoholic beverage container.
(16) Section 23224, relating to being a driver or passenger under the age of 21 years possessing an open alcoholic beverage container.
(17) Section 23225, relating to being the owner or driver of a vehicle in which there is an open alcoholic beverage container.
(18) Section 23226, relating to being a passenger in a vehicle in which there is an open alcoholic beverage container.
(c) (1) This section applies only in Alameda County, Santa Barbara County, Ventura County, or in a city in any of these counties, and only if that jurisdiction has adopted this section by a vote of the city council or county board of supervisors, as appropriate.
(2) The increased fines authorized by subdivision (a) may only be imposed and collected once per offense notwithstanding the fact that the offense occurred within more than one jurisdiction all of which have adopted this section. Furthermore, no increased fine shall be imposed if an increased fine is imposed under Section 42009 or 42010 because the offense occurred within a highway construction or maintenance area or safety enhancement area.
(d) Any city or county that adopts this section shall promptly notify the California Highway Patrol and the law enforcement agency having the primary traffic investigative authority of that fact.
(e) This section shall remain in effect only until January 1, 2007, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date.
Added and repealed Sec. 3, Ch. 590, Stats. 2002. Effective January 1, 2003. Repeal operative January 1, 2007.
Amended Sec. 309, Ch. 62, Stats. 2003. Effective January 1, 2004.
NOTE: The preceding section shall remain in effect only until January 1, 2007, and as of that date is repealed.

Dealership Requirements

VC 24014. Motorcycle Sales: Required Price Information
(a) No dealer shall sell, offer for sale, or display, any new, assembled motorcycle on its premises, unless there is securely attached to its handlebar a label, approved by the Department of Motor Vehicles, furnished by the manufacturer, on which the manufacturer shall clearly indicate the following:
    (1) The recommended retail price of the motorcycle.
    (2) The recommended price for each accessory or item of optional equipment physically attached to the motorcycle at the time of its delivery to the dealer.
(b) The dealer shall clearly indicate on the label, furnished by the manufacturer, the following:
    (1) The amount charged, if any, over and above the suggested retail price for transportation to the dealership.
    (2) The amount charged, if any, for the assembly, preparation, or both, of the motorcycle.
    (3) The amount charged, if any, for each dealer added accessory or item of optional equipment.
    (4) The total recommended retail price of the vehicle which shall be the aggregate value of paragraphs
(1) and (2) of subdivision (a) and paragraphs (1), (2) and (3) of subdivision (b).

Definition of a Motorcycle

VC 400. Motorcycle
(a) A "motorcycle" is any 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, and weighing less than 1,500 pounds.
(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 motor vehicle that is electrically powered, has a maximum speed of 45 miles per hour, and weighs less than 2,500 pounds, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).
(d) A farm tractor is not a motorcycle.
(e) 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.

Driver's License

VC 12500. Unlawful to Drive Unless Licensed
VC 12802.5. Alcohol Warning
VC 12800. Applications
VC 12802.5. Alcohol Warning
VC 12804.8. Departmental Studies: Incompetent or Unqualified Drivers
VC 12804.9. Examination and Driving Test: Classifications
VC 12805. Grounds Requiring Refusal of License
VC 12807. Additional Grounds for Refusal
VC 12808.1.Refusal of License
VC 12809. Grounds Permitting Refusal
VC 12810. Violation Point Count
VC 12810.2. Violation Point Count: Exception
VC 12810.4. Violation Point Count: Gridlock
VC 12810.5. Negligent Operator: Violation Points
VC 12812. Course of Employment Restricted License
VC 12813. Restricted Licenses
VC 12818. Reexamination
VC 12819. Failure to Request Reexamination


VC 12500. Unlawful to Drive Unless Licensed
(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
(b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (g) of Section 12804.9.
(c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.
(d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed.
(e) A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

VC 12800. Applications
Every application for an original or a renewal of, a driver's license shall contain all of the following information:
(a) The applicant's true full name, age, sex, mailing address, residence address, and social security account number.
(b) A brief description of the applicant for the purpose of identification.
(c) A legible print of the thumb or finger of the applicant.
(d) The type of motor vehicle or combination of vehicles the applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or
revoked and, if so, the date of and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a driver's license in this state and, if so, the date of and the reason for the refusal.
(g) Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects his or her ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an identification card by the department.
(j) Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.

VC 12802.5. Alcohol Warning
Before issuing a driver's license or permit to any person under 21 years of age, both of the following shall occur:
(a) The department shall inform the applicant of the following:
(1) It is unlawful to drive with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(2) The penalty for so driving is a one-year suspension of the driving privilege.
(3) A refusal to take, or a failure to complete, a preliminary alcohol screening test or other chemical test for the purpose of determining the level of alcohol pursuant to Section 13388 shall result in a one-year suspension of the driving privilege.
(4) The fee for reissuance of a driver's license after suspension for a violation of Section 23136 is one hundred dollars ($100). This fee is in addition to any other fees that may be imposed by the department in connection with reissuance of a driver's license.
(b) The applicant shall sign a statement that acknowledges that he or she has been notified of the information specified in subdivision (a).

VC 12804.8. Departmental Studies: Incompetent or Unqualified Drivers
(a) Notwithstanding any other provision of law, the department may conduct studies to develop and identify examinations and tests, to more accurately identify persons who, due to physical or mental factors, or both, are not competent or qualified to safely operate a motor vehicle.
(b) In addition to any other tests or examinations required under this code, the department may require any person applying for an original driver's license or renewal of a driver's license, or any person subject to reexamination under Section 13801, to submit to one or more tests or examinations which are part of a study.
(c) The results and information obtained during the study, through the tests and examinations specified in subdivision (a), shall be used only to assess and evaluate the effectiveness of the tests and examinations and to select tests and examinations for use by the department, and for no other purpose. The results of the tests are confidential and shall not be disclosed to any person.
(d) No public entity or employee shall be liable for any loss, detriment, or injury resulting directly or indirectly from the department's acts or failure to act on information received through the studies.

VC 12804.9. Examination and Driving Test: Classifications
(1) The examination shall include all of the following:
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) The examination for a class A or class B driver's license under subdivision (b) shall also include a report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this subdivision, "health care professional" means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States of America. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the Federal Highway Administration. The report shall be on a form approved by the department, the Federal Highway Administration, or the Federal Aviation Administration. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Highway Administration.
(3) Any physical defect of the applicant, that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, any applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle Sor combination of vehicles the applicant desires a license to drive:

(1) Class A includes the following:
(A) A combination of vehicles, if any vehicle being towed has a gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:
(A) A single vehicle with a gross vehicle weight rating of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) Any bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph ( )6 may be granted by endorsement on a class C license upon completion of that written examination. (G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (g) and (h), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.
(iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) A motorized scooter.
(I) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
Class M2. A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406.Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination. (c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department, the Federal Highway Administration, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle, is within the licensee’s immediate possession, and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) ( )10 is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying. (g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion. (h) Notwithstanding subdivision (b), ( )3 a person holding a valid California driver’s license of any class may operate a short-term rent
al motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision , "short-term" means 48 hours or less.
(i) A person under the age of 21 years may not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with class C licenses but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
(k) A class M license issued between January 1, 1989, and December 31, 1992, shall permit the holder to operate any motorcycle, motor-driven cycle, or motorized bicycle until the expiration of the license.
(l) This section shall become inoperative on September 20, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2006, deletes or extends that date.

NOTE: The preceding section becomes inoperative on September 20, 2005, at which time the following section becomes operative. The preceding section is repealed January 1, 2006.

12804.9.
(a) (1) The examination shall include all of the following:.
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) The examination for a class A or class B driver’s license under subdivision (b) shall also include a report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this subdivision, "health care professional" means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States of America. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the Federal Highway Administration. The report shall be on a form approved by the department, the Federal Highway Administration, or the Federal Aviation Administration. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Highway Administration.
(3) Any physical defect of the applicant, that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, any applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:

(1) Class A includes the following:
(A) A combination of vehicles, if any vehicle being towed has a gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) A single vehicle with a gross vehicle weight rating of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination. (G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.\ (iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) A motorized scooter.
(I) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
(5) Class M2. A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406. Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department, the Federal Highway Administration, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle, is within the licensee’s immediate possession, and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying. (g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, "short-term" means 48 hours or less. (i) A person under the age of 21 years may not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with class C licenses but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
(k) A class M license issued between January 1, 1989, and December 31, 1992, shall permit the holder to operate any motorcycle, motor-driven cycle, or motorized bicycle until the expiration of the license.

(l) This section shall become operative on September 20, 2005.

VC 12805. Grounds Requiring Refusal of License
The department shall not issue a driver's license to, or renew a driver's license of, any person:
(a) Who is not of legal age to receive a driver's license.
(b) Whose best corrected visual acuity is 20/200 or worse in that person's better eye, as verified by an optometrist or ophthalmologist. No person may use a bioptic telescopic or similar lens to meet the 20/200 visual acuity standards.
(c) Who is unable, as shown by examination, to understand traffic signs or signals or who does not have a reasonable knowledge of the provisions of this code governing the operations of vehicles upon the highways.
(d) When it is determined, by examination or other evidence, that the person is unable to safely operate a motor vehicle upon a highway.
(e) Who is unable to read and understand simple English used in highway traffic and directional signs. This subdivision does not apply to any person holding an operator's or chauffeur's license issued by this state and valid on September 11, 1957.
(f) Who holds a valid driver's license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed.
(g) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and that license has been suspended by reason, in whole or in part, of a conviction of a traffic violation until the suspension period has terminated, except that the department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was suspended by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.
(h) Who has ever held, or is the holder of, a license to drive issued by another state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, and that license has been revoked by reason, in whole or in part, of a conviction of a traffic violation, until the revocation has been terminated or after the expiration of one year from the date the license was revoked, whichever occurs first, except that the department may issue a license to the applicant if, in the opinion of the department, it will be safe to issue a license to a person whose license to drive was revoked by a state that is not a party to the Driver License Compact provided for in Chapter 6 (commencing with Section 15000) of Division 6.

VC 12807. Additional Grounds for Refusal
The department shall not issue or renew a driver's license to any person:
(a) When a license previously issued to the person under this code has been suspended until the expiration of the period of the suspension, unless cause for suspension has been removed.
(b) When a license previously issued to the person under this code has been revoked until the expiration of one year after the date of the revocation, except where a different period of revocation is prescribed by this code, or unless the cause for revocation has been removed.
(c) When the department has received a notice pursuant to Section 40509 or 40509.5, unless the department has received a certificate as provided in those sections.

VC 12808.1.Refusal of License
The department shall refuse to issue or renew any license if the applicant has been mailed a notice of delinquent parking violation relating to standing or parking, the processing agency has filed or electronically transmitted to the department an itemization of unpaid parking penalties, including administrative fees pursuant to Section 40220, and the applicant has not paid the parking penalty and administrative fee pursuant to Section 40211, unless he or she pays to the department, at the time of application, the full amount of all outstanding parking penalties and administrative fees, as shown by records of the department.

VC 12809. Grounds Permitting Refusal
The department may refuse to issue or renew a driver's license to any person:
(a) If the department is satisfied that the applicant is not entitled to the license under this code.
(b) If the applicant has failed to furnish the department the information required in the application or reasonable additional information requested by the department.
(c) If the department determines that the applicant has made or permitted unlawful use of any driver's license.
(d) If the department determines that the person has knowingly used a false or fictitious name in any application for a license or has impersonated another in making application or in taking any test, or has knowingly made a false statement or knowingly concealed a material fact, or otherwise committed any fraud in any application.
(e) If the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.
(f) If the applicant is convicted of any offense involving the transportation for purpose of sale, or the transportation for compensation, of a controlled substance under Division 10 (commencing with Section 11000) of the Health and Safety Code, and the commission of the offense involved the use or operation of a motor vehicle.
If, however, the driving privilege of the applicant is on probation for a cause related to the use or possession of a narcotic controlled substance, the department may refuse to issue or renew a driver's license to the applicant if the applicant is subsequently convicted of any offense involving the use or possession of a narcotic controlled substance, whether or not the commission of the offense involved the use or operation of a motor vehicle.
The maximum period of time for which the department may refuse to issue or renew a driver's license to any person pursuant to this subdivision shall be three years from the date of conviction.
(g) If the applicant fails or refuses to surrender to the department, upon its lawful demand, a nonresident minor's certificate which has been canceled.
(h) If the applicant has failed to appear regarding a citation issued for vehicle abandonment as specified in Section 22523.
(i) This section shall become operative on July 1, 1989.

VC 12810. Violation Point Count
In determining the violation point count, the following shall apply:
(a) Any conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.
(b) Any conviction of a violation of Section 23152 or 23153 shall be given a value of two points.
(c) Any conviction of reckless driving shall be given a value of two points.
(d) (1) Any conviction of a violation of subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, or Section 31602 of this code, shall be given a value of two points.
(2) Any conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.
(e) Any conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point. (g) Any traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.
(h) Any conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.
(2) Any conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.
(3) A violation of Section 23136 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

VC 12810.2. Violation Point Count: Exception
Notwithstanding subdivision(e) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315.

VC 12810.4. Violation Point Count: Gridlock
Notwithstanding any other provision of law, no violation point shall be given for a conviction of a violation of Section 22526.

VC 12810.5. Negligent Operator: Violation Points
(a) Except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons holding certificates pursuant to Section 12517, 12519, 12523, 12523.5, or 12527, or an endorsement issued pursuant to paragraph (2) or (4) of subdivision (a) of Section 15278, who is presumed to be a negligent operator pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie negligent operator. However, the higher point count does not apply if the department reasonably determines that four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months are attributable to the driver's operation of a vehicle requiring only a class C license, and not requiring a certificate or endorsement, or a class M license.
(2) For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be valued at one and one-half times the value otherwise required by that section for each violation reasonably determined by the department to be attributable to the driver's operation of a vehicle requiring a class A or class B license, or requiring a certificate or endorsement described in this section.
(c) The department may require a negligent operator whose driving privilege is suspended or revoked pursuant to this section to submit proof of financial responsibility, as defined in Section 16430, on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following that date of reinstatement.

VC 12812. Course of Employment Restricted License
If a driver with a class C or M license, who is not required to have a certificate under any provision of this code, is presumed to be a negligent operator pursuant to Section 12810.5, the department may, as a condition of probation, issue a restricted driver's license to permit driving of a vehicle while in the course of the driver's employment during specified hours of employment or any other restrictions as determined by the department. The restrictions shall be noted on the driver's license.

VC 12813. Restricted Licenses
(a) The department may, upon issuing a driver's license or after issuance whenever good cause appears, impose restrictions suitable to the licensee's driving ability with respect to the type of, or special mechanical control devices required on, a motor vehicle which the licensee may operate or impose other restrictions applicable to the licensee that the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The department may issue either a special restricted license or may set forth the restrictions upon the usual license form.
(c) The authority of the department to issue restricted licenses under this section is subject to Sections 12812, 13352, and 13352.5.

VC 12818. Reexamination
(a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061, or upon receipt of a report from a local health officer issued pursuant to subdivision (b) of Section 103900 of the Health and Safety Code, the department shall reexamine the person's qualifications to operate a motor vehicle, including a demonstration of the person's ability to operate a motor vehicle as described in Section 12804.9. (b) Based on the department's reexamination of the person's qualifications pursuant to subdivision (a), the department shall determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the department finds that any of the grounds exist which authorize the refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation, suspend, or revoke the driving privilege of that person based upon the records of the department as provided in Chapter 3 (commencing with Section 13800).
(c) As an alternative to subdivision (a), the department may suspend or revoke the person's driving privilege as provided under Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement agency which employs the traffic officer who issued the notice of reexamination described in subdivision (a) of the results of the reexamination.
(e) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.

NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative.

12818.
(a) Upon receipt of a request for reexamination and presentation of a legible copy of a notice of reexamination by a person issued the notice pursuant to Section 21061, the department shall reexamine the person's qualifications to operate a motor vehicle pursuant to Section 13801, notwithstanding the notice requirement of Section 13801. (b) Based on the department's reexamination of the person's qualifications pursuant to subdivision (a), the department shall determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the department finds that any of the grounds exist which authorize the refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation, suspend, or revoke the driving privilege of that person based upon the records of the department as provided in Chapter 3 (commencing with Section 13800).
(c) As an alternative to subdivision (a), the department may suspend or revoke the person's driving privilege as provided under Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement agency which employs the traffic officer who issued the notice of reexamination of the results of the reexamination.
(e) This section shall become operative on January 1, 2011.

VC 12819. Failure to Request Reexamination
Unless the person issued the notice of reexamination requests the reexamination pursuant to Section 12818 within five working days after the department receives the notice of reexamination transmitted pursuant to Section 21062, the department shall peremptorily suspend the driving privilege of the person until the person has completed the reexamination and the department has taken the action prescribed in subdivision (b) of Section 12818.

Earplugs/HeadSet

VC 27400. Wearing of Headsets or Earplugs
A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined in Section 165.
(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.
(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.
(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.
(e) A person using a prosthetic device that aids the hard of hearing.

Engine Replacement

Engine or Motor Change: Distinguishing Vehicle Identification Number
VC 4166. Removed, Destroyed, or Obliterated Motor or Identifying Number: Distinguishing Vehicle Identifying Number
VC 9257. Installation of Engine or Motor

Engine or Motor Change: Distinguishing Vehicle Identification Number

(a) Whenever a motor vehicle engine or motor is installed, except temporarily, in a motor vehicle which is identified on the ownership and registration certificates by motoror engine number or by both the motor and frame numbers and subject to registration under this code, the owner of the motor vehicle shall, within 10 days thereafter, give notice to the department upon a form furnished by it containing a description of the motor vehicle engine or motor installed, including any identifying number thereon and the date of the installation. The owner of the motor vehicle shall also submit to the department with the notice the certificate of ownership and registration card covering the motor vehicle in which the motor vehicle engine or motor is installed and evidence of ownership covering the new or used motor vehicle engine or motor installed and such other documents as may be required by the department.
(b) Upon receipt of motor vehicle engine or motor change notification and other required documents, the department shall assign a distinguishing vehicle identification number to motor vehicles, other than motorcycles or motor-driven cycles registered under a motor number or motor and frame numbers. When the distinguishing vehicle identification number is placed on the vehicle as authorized, the vehicle shall thereafter be identified by the distinguishing identification number assigned.
(c) Notwithstanding any other provision of this section or any other provision of law, whenever an application is made to the department to register a replacement engine case for any motorcycle, the department shall request the Department of the California Highway Patrol to inspect the motorcycle to determine its proper identity. If the replacement engine case bears the same identifying numbers as the engine case being replaced, the original engine case shall be destroyed. A determination verifying proof of destruction sshall be made by the Department of the California Highway Patrol.

VC 4166. Removed, Destroyed, or Obliterated Motor or Identifying Number: Distinguishing Vehicle Identifying Number
The department may assign a distinguishing vehicle identification number to a motor vehicle whenever the motor or other identifying number thereon is removed, destroyed or obliterated, and any motor vehicle to which a distinguishing vehicle identification number is assigned as authorized herein shall be registered under the number so assigned when registration of the motor vehicle is required under this code.

VC 9257. Installation of Engine or Motor
Every notice of the installation in a vehicle of a motor vehicle engine or motor required to be filed under Section 4161 shall be accompanied by a filing fee of two dollars ($2).

Exhaust

VC 27150. Adequate Muffler Required
VC 27150.1. Sale of Exhaust Systems
VC 27151. Modification of Exhaust Systems
VC 27156. Gross Polluter: Air Pollution Control Device
VC 27200. Vehicle Registration and Sale Prohibitions
VC 27202. Motorcycle Limits
VC 38505. Safety Helmet Required


VC 27150. Adequate Muffler Required
(a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(b) Except as provided in Division 16.5 (commencing with Section 38000) with respect to off-highway motor vehicles subject to identification, every passenger vehicle operated off the highways shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Article 2.5 (commencing with Section 27200), and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(c) The provisions of subdivision (b) shall not be applicable to passenger vehicles being operated off the highways in an organized racing or competitive event conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.

VC 27150.1. Sale of Exhaust Systems
No person engaged in a business that involves the selling of motor vehicle exhaust systems, or parts thereof, including, but not limited to, mufflers, shall offer for sale, sell, or install, a motor vehicle exhaust system, or part thereof, including, but not limited to, a muffler, unless it meets the regulations and standards