CHAPTER 2. Department of the California Highway Patrol [2100. - 2482.]

Chapter 2 enacted by Stats. 1959, Ch. 3.

§§ 2100–2482 · 111 sections

1. ARTICLE 1. Administration §§ 2100–2114 · 15 sections

   • § 2100 There is in the Transportation Agency the Department of the California Highway Patrol.
   • § 2101 As used in this chapter, “department” means the Department of the California Highway Patrol.
   • § 2102 Wherever in any statute “California Highway Patrol” is used, it means the Department of the California Highway Patrol.
   • § 2103 The department is the successor to and is vested with the duties, powers, purposes, responsibilities, and jurisdiction of the former Division of Enforcement of…
   • § 2104 The department has possession and control of all records, books, papers, offices, or equipment, and all other property, real or personal, now or hereafter held…
   • § 2105 Except as in this chapter otherwise provided, the provisions of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of Title 2 of the Government…
   • § 2106 The department shall maintain its main office within 20 miles of Sacramento.
   • § 2107 The department is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. The commissioner shall be…
   • § 2108 The commissioner shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all…
   • § 2109 The commissioner shall organize the department with the approval of the Governor and the Secretary of Transportation and may arrange and classify the work of…
   • § 2110 The Assistant Commissioner of the California Highway Patrol shall be appointed by the commissioner, subject to the approval of the Governor, pursuant to the…
   • § 2111 The assistant commissioner shall carry out and execute such duties, with respect to traffic law enforcement, as may be specified by the commissioner.
   • § 2112 The chief administrative officer of the department shall be appointed by the commissioner subject to the approval of the Governor, pursuant to the provisions…
   • § 2113 The chief administrative officer shall carry out and execute such duties with respect to the administrative affairs of the department as may be specified by…
   • § 2114 The department may pay membership fees, join, and participate in the affairs of associations having for their purpose the interchange of information relating…
2. ARTICLE 2. The California Highway Patrol §§ 2250–2269 · 21 sections

   • § 2250 The California Highway Patrol in the Department of the California Highway Patrol consists of the following members: the commissioner, the deputy commissioner,…
   • § 2250.1 (a) The commissioner shall establish special designations of peace officers within the Department of the California Highway Patrol to assist in the transfer of…
   • § 2251 All promotions to the classes of deputy chief, assistant chief, captain, lieutenant, and sergeant shall be made from promotional eligible lists resulting from…
   • § 2252 Such specialized positions as shall be designated by the commissioner with the approval of the Personnel Board shall be filled pursuant to open competitive…
   • § 2253 For the purpose of determining the scope of employment of any member of the California Highway Patrol under the workers’ compensation laws, any such member…
   • § 2254 In the event any dispute arises between the department and any of its members in an industrial disability case, such member or his attorney, upon demand, shall…
   • § 2255 No member of the California Highway Patrol, appointed to serve in any county, shall be assigned by the commissioner for service outside the county for a longer…
   • § 2256 Notwithstanding Section 18932 of the Government Code, the minimum age limit for appointment to the position of entry level peace officer of the Department of…
   • § 2257 The commissioner shall issue to each member of the California Highway Patrol a badge of authority with the seal of the State of California in the center…
   • § 2258 Neither the commissioner nor any other person shall issue a badge to any person who is not a duly appointed member of the California Highway Patrol.
   • § 2259 The Department of the California Highway Patrol shall pay to the member, or his estate, the cost of repairing the uniforms and equipment of the member of the…
   • § 2259.5 The commissioner shall make certified bulletproof vests available to members of the California Highway Patrol while engaged in enforcement activities. The…
   • § 2260 The commissioner may advance the cost of, or obtain and furnish, one complete uniform, including such items of clothing and equipment as may be required by the…
   • § 2261 A uniform substantially similar to the official uniform of members of the California Highway Patrol shall not be worn by any other law enforcement officer or…
   • § 2262 The commissioner shall establish a school for the training and education of the members of the California Highway Patrol, and for other employees of the…
   • § 2263 Shooting practice and instruction in the use of firearms shall constitute part of the training to be given to members of the California Highway Patrol. Firearm…
   • § 2264 The commissioner may procure and issue appropriate badges to patrol members for excellence in marksmanship.
   • § 2265 The Department of the California Highway Patrol shall not assess against any member of the department the cost of replacing any article of uniform clothing or…
   • § 2266 (a) The Legislature finds and declares all of the following: (1) The public safety dispatchers and public safety operators of the Department of the California…
   • § 2268 (a) Any member of the Department of the California Highway Patrol, as specified in Sections 2250 and 2250.1, shall be capable of fulfilling the complete range…
   • § 2269 (a) The commissioner shall provide, as safety equipment, boots to each member of the California Highway Patrol who is assigned to ride motorcycles. This safety…
3. ARTICLE 3. Powers and Duties §§ 2400–2429.9 · 45 sections

   • § 2400 (a) The commissioner shall administer Chapter 4 (commencing with Section 10850) of Division 4, Article 3 (commencing with Section 17300) of Chapter 1 of…
   • § 2400.6 The commissioner shall enforce all laws regulating the operation of vehicles on, and the use of any portion of, State Highway Route 1 in the City of Malibu, if…
   • § 2400.7 (a) The commissioner may enforce all laws regulating the operation of vehicles and on, and the use of, any portion of any expressway in the County of Santa…
   • § 2401 The commissioner shall make adequate provision for patrol of the highways at all times of the day and night.
   • § 2401.1 The commissioner may enforce those provisions relating to the transportation of hazardous waste found in Article 6 (commencing with Section 25160), Article 6.5…
   • § 2402 The commissioner may make and enforce such rules and regulations as may be necessary to carry out the duties of the department. Rules and regulations shall be…
   • § 2402.6 (a) The commissioner may adopt and enforce regulations and standards with respect to fuel containers and fuel systems on vehicles using compressed or liquefied…
   • § 2402.7 The commissioner shall adopt the definitions designated by the United States Department of Transportation under Title 49 (commencing with Section 1801) of the…
   • § 2403 The commissioner may create highway patrol districts for the efficient administration and enforcement of this code and the laws respecting the use of highways.…
   • § 2403.5 The commissioner, or a designated representative, may enter into reciprocal operational agreements with authorized representatives of the Oregon State Police,…
   • § 2404 The commissioner shall establish, in counties having charters, except in counties of the first or second class, headquarters or substations for the efficient…
   • § 2404.5 The department shall obtain a vehicle suitable for registration and commercial safety inspections at border crossings into Mexico.
   • § 2405 The commissioner may purchase or lease such real estate and erect such buildings as the department or any of its divisions require, subject to the approval of…
   • § 2406 The commissioner may provide that any highway patrol vehicle shall be equipped with a stretcher and emergency first aid equipment for use in transporting…
   • § 2407 The department shall prepare and on request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals, forms for accident…
   • § 2408 The department shall tabulate and may analyze all accident reports and publish annually or at more frequent intervals statistical information based thereon as…
   • § 2409 All members of the California Highway Patrol have the powers of a peace officer as provided in Section 830.2 of the Penal Code.
   • § 2410 Members of the California Highway Patrol are authorized to direct traffic according to law, and, in the event of a fire or other emergency, or to expedite…
   • § 2410.5 (a) The department may contract with a person or governmental entity that is conducting a special event which will impose extraordinary traffic control…
   • § 2411 Members of the California Highway Patrol are authorized to serve all warrants relating to the enforcement of this code.
   • § 2412 All members of the California Highway Patrol may investigate accidents resulting in personal injuries or death and gather evidence for the purpose of…
   • § 2413 (a) The Commissioner of the California Highway Patrol is designated as the Statewide Vehicle Theft Investigation and Apprehension Coordinator. The commissioner…
   • § 2414 When lost, stolen, abandoned or otherwise unclaimed property, except vehicles subject to registration under this code, comes into possession of the department,…
   • § 2415 (a) If the owner or other person entitled to the possession thereof fails to claim the property within six months and pay the charges, the department may sell…
   • § 2416 (a) The Commissioner of the California Highway Patrol may issue authorized emergency vehicle permits only for the following vehicles, and then only upon a…
   • § 2417 (a) The commissioner may suspend or revoke any permit issued for an authorized emergency vehicle under the following conditions: (1) The vehicle is operated in…
   • § 2418 The department shall adopt reasonable rules and regulations to ensure that all foreign commercial vehicles entering into, and operating within, this state meet…
   • § 2418.1 For purposes of enforcing the provisions of Section 2418, the department and the State Air Resources Board shall, to the maximum extent possible, conduct…
   • § 2418.5 (a) Notwithstanding any other provision of law, every emergency ambulance that is operated within this state by any public or private agency, including, but…
   • § 2419 (a) Any member of the California Highway Patrol may give flares to any person as replacement for flares used by such person to warn traffic of an accident or…
   • § 2420 Upon request of the California Highway Patrol, manufacturers of motorcycles shall furnish a certification of gross brake horsepower to the department. If any…
   • § 2420.5 (a) The department may enter into a contract to conduct an inspection of vehicles that are subject to Section 500.100 of Title 29 of the Code of Federal…
   • § 2421 Notwithstanding Section 11032 of the Government Code, the commissioner may approve the out-of-state travel within the United States of members of the…
   • § 2421.5 (a) When any Service Authority for Freeway Emergencies has imposed additional fees on vehicles pursuant to Section 2555 of the Streets and Highways Code, the…
   • § 2422 The department shall determine and implement the basic level of emergency medical dispatcher training for dispatchers employed by the department based on…
   • § 2423 In approving the additional instruction and training required under subdivision (b) of Section 680, the department shall consider the requirements of Chapter 3…
   • § 2424 (a) The Commissioner of the California Highway Patrol may enter into agreements with providers of towing, emergency road, and storage services for the purpose…
   • § 2426 The department shall prepare a one-page information sheet describing its Designated Driver Program. The sheet shall include information concerning the person…
   • § 2427 Whenever the department submits the fingerprints of an applicant for a license or certificate to the Department of Justice, and is required to pay a fee…
   • § 2428 (a) The Department of the California Highway Patrol may fix the cost or pro rata share, or, in its discretion, an amount it considers equivalent to the cost or…
   • § 2429 The department shall develop an “800” telephone number system to facilitate public reporting of violations of Article 2 (commencing with Section 31400) of…
   • § 2429.3 (a) The commissioner shall appoint a committee of 12 members to develop a public awareness and outreach campaign to educate manufacturers, sellers, and owners…
   • § 2429.5 The department, in cooperation with county and local farm bureaus, shall provide a program to educate growers and farmers and farm labor vehicle owners and…
   • § 2429.7 (a) The commissioner shall appoint an impaired driving task force to develop recommendations for best practices, protocols, proposed legislation, and other…
   • § 2429.9 (a) On or before January 1, 2027, the Department of the California Highway Patrol shall make the following available to city and county law enforcement…
4. ARTICLE 3.3. Tow Truck Drivers §§ 2430.1–2432.3 · 8 sections

   • § 2430.1 As used in this article, each of the following terms has the following meaning: (a) “Tow truck driver” means a person who operates a tow truck, who renders…
   • § 2430.2 “Regional or local entity,” as defined by subdivision (c) of Section 2430.1, also includes the transportation planning entity established pursuant to Section…
   • § 2430.3 (a) Every freeway service patrol tow truck driver and any California Highway Patrol rotation tow truck operator shall notify each of his or her employers and…
   • § 2430.5 (a) Every employer intending to hire a tow truck driver on or after July 1, 1992, shall require the applicant for employment to submit a temporary tow truck…
   • § 2431 (a) For the purposes of conducting criminal history and driver history screening of tow truck drivers and employers, the commissioner shall do all of the…
   • § 2432 (a) It is unlawful for a freeway service patrol tow truck driver to knowingly provide false information on the application prepared and submitted to the…
   • § 2432.1 (a) If the commissioner determines that an employer has failed to comply with the requirements of this article or Article 3.5 (commencing with Section 2435),…
   • § 2432.3 (a) This article does not preempt the authority of any city, city and county, or county to regulate, pursuant to subdivision (g) of Section 21100, any of the…
5. ARTICLE 3.5. Emergency Roadside Assistance §§ 2435–2436.7 · 5 sections

   • § 2435 (a) The Legislature finds and declares that the emergency roadside assistance provided by highway service organizations is a valuable service that benefits…
   • § 2436 For the purposes of this article, each of the following terms has the meaning given in this section: (a) “Emergency road service” is the adjustment, repair, or…
   • § 2436.3 (a) On and after July 1, 1992, every employer shall obtain from the department a carrier identification number. Application for a carrier identification number…
   • § 2436.5 (a) The department, in cooperation with the Department of Transportation, shall provide training, pursuant to a reimbursable agreement or contract with a…
   • § 2436.7 (a) Every tow truck driver and employer, involved in a freeway service patrol operation under an agreement or contract with a regional or local entity, shall…
6. ARTICLE 4. Highway Spill Containment and Abatement of Hazardous Substances §§ 2450–2454 · 5 sections

   • § 2450 This article shall be known and may be cited as the Hazardous Substances Highway Spill Containment and Abatement Act.
   • § 2451 The Legislature finds and declares that a statewide program for the management of hazardous substances highway spills, under the jurisdiction of the California…
   • § 2452 “Hazardous substance” means any hazardous material defined in Section 353 and any toxic substance defined pursuant to Section 108145 of the Health and Safety…
   • § 2453 The California Highway Patrol shall serve as statewide information, assistance, and notification coordinator for all hazardous substances spill incidents…
   • § 2454 (a) The authority for incident command at the scene of an on-highway hazardous substance incident is vested in the appropriate law enforcement agency having…
7. ARTICLE 5. Renderers and Transporters of Inedible Kitchen Grease §§ 2460–2482 · 12 sections

   • § 2460 (a) The definitions set forth in Article 1 (commencing with Section 19200) of Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code apply for…
   • § 2462 (a) In addition to any other records required to be maintained and retained pursuant to Chapter 5 (commencing with Section 19200) of Part 3 of Division 9 of…
   • § 2464 All records required to be retained pursuant to this article shall be maintained and retained at the regular place of business of each licensed renderer,…
   • § 2466 A peace officer or an authorized employee of the Department of the California Highway Patrol or the Department of Food and Agriculture may, during normal…
   • § 2468 (a) A licensed renderer, collection center, or registered transporter who fails in any respect to keep the records required by this article, or to set out in…
   • § 2470 It is unlawful for a person to engage in the transportation of inedible kitchen grease without being registered with the Department of Food and Agriculture and…
   • § 2472 (a) It is unlawful for any person who is not a licensed renderer or collection center or registered transporter of inedible kitchen grease to transport that…
   • § 2474 It is unlawful for any person to steal, misappropriate, contaminate, or damage inedible kitchen grease, or containers thereof.
   • § 2476 A licensed renderer or collection center, registered transporter, or any other person shall not take possession of inedible kitchen grease from an unregistered…
   • § 2478 (a) Any person who is found guilty of violating Section 2470, 2472, 2474, or 2476, or the rules and regulations promulgated under those provisions, is subject…
   • § 2480 (a) A peace officer may remove a vehicle, within the territorial limits in which the officer may act, if the vehicle is involved in the theft or movement of…
   • § 2482 (a) To assist law enforcement personnel in enforcing this article, each vehicle transporting inedible kitchen grease shall have a current registration decal…