CHAPTER 1. Offenses [40000.1. - 40273.]
Chapter 1 enacted by Stats. 1959, Ch. 3.
§§ 40000.1–40273 · 101 sections
ARTICLE 1. Violation of Code §§ 40000.1–40008 · 36 sections
- § 40000.1 Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of…
- § 40000.3 A violation expressly declared to be a felony, or a public offense which is punishable, in the discretion of the court, either as a felony or misdemeanor, or a…
- § 40000.5 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 20, relating to false statements. Section 27,…
- § 40000.6 A violation of any of the following is a misdemeanor and not an infraction: (a) Subdivision (b) of Section 1808.1, relating to enrollment in the pull notice…
- § 40000.61 A violation of Section 1808.45, relating to unauthorized disclosure of department records, is a misdemeanor, and not an infraction.
- § 40000.65 A violation of Section 2430.5 or 2432, relating to emergency road service, is a misdemeanor and not an infraction.
- § 40000.7 (a) A violation of any of the following provisions is a misdemeanor, and not an infraction: (1) Section 2416, relating to regulations for emergency vehicles.…
- § 40000.70 A violation of Section 23112.5, relating to notification of an on-highway hazardous material or hazardous waste spill, is a misdemeanor and not an infraction.
- § 40000.77 A violation of Article 7 (commencing with Section 2570) of Chapter 2.5 of Division 2, relating to transportation of school pupils, is a misdemeanor, and not an…
- § 40000.8 A violation of any of the following provisions is a misdemeanor, and not an infraction: Section 9872, relating to the registration of vessels. Section 9872.1,…
- § 40000.9 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 10501, relating to false report of vehicle theft.…
- § 40000.10 A violation of subdivision (a) of Section 12500 shall be punished as follows: (a) Except as provided in subdivision (b), as an infraction by a fine of one…
- § 40000.11 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Division 5 (commencing with Section 11100), relating to…
- § 40000.13 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Section 16560, relating to interstate highway carriers. (b)… see note
- § 40000.14 A violation of subdivision (b) or (c) of Section 21367 is an infraction, except as follows: (a) A willful violation is a misdemeanor. (b) A willful violation…
- § 40000.15 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Subdivision (g), (j), (k), (l), or (m) of Section 22658,…
- § 40000.16 A second or subsequent violation of Section 23114, relating to preventing the escape of materials from vehicles, occurring within two years of a prior…
- § 40000.18 A violation of subdivision (b) of Section 31401 or Section 31402 or 31403, relating to farm labor vehicles, is a misdemeanor and not an infraction.
- § 40000.19 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Section 31303, relating to transportation of hazardous waste. (b)…
- § 40000.20 A third or subsequent violation of Section 23225, relating to the storage of an opened container of an alcoholic beverage, or Section 23223, relating to the…
- § 40000.21 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Subdivision (a) of Section 34506, relating to the hours of service…
- § 40000.22 (a) A violation of subdivision (e) of Section 34501, subdivision (b) or (d) of Section 34501.12, or subdivision (c) of Section 34501.14, relating to…
- § 40000.23 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Paragraph (1) of subdivision (c) of Section 35784, relating to…
- § 40000.24 A violation of any of the following provisions shall constitute a misdemeanor and not an infraction: (a) Subdivision (c) of Section 38301.5, relating to…
- § 40000.25 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 40005, relating to owner’s responsibility.…
- § 40000.26 A violation of subdivision (g) of Section 34501.12 or subdivision (d) of Section 34501.14, relating to inspections, is a misdemeanor and not an infraction.
- § 40000.28 Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code or any local…
- § 40001 (a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a…
- § 40002 (a) (1) If there is a violation of Section 40001, an owner or any other person subject to Section 40001, who was not driving the vehicle involved in the…
- § 40002.1 (a) Whenever a person has failed to appear in the court designated in the notice to appear or a verified complaint specified in Section 40002, following…
- § 40003 Whenever an employee is prosecuted for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size,…
- § 40004 (a) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit…
- § 40005 Whenever a driver is cited for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight,…
- § 40006 Whenever a disabled vehicle, being taken to a repair shop, garage, or other place of storage, is being towed upon a highway by a tow car and the vehicle is…
- § 40007 Division 5 (commencing with Section 11100) does not preclude the application of any other statutory provision which is applicable to any act violating any…
- § 40008 (a) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with…
ARTICLE 2. Procedure on Equipment and Registration Violations §§ 40150–40152 · 3 sections
- § 40150 Whenever any vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this code, and a notice to…
- § 40151 (a) Whenever any lighting equipment or device does not meet requirements established by the Department of the California Highway Patrol, the officer making the…
- § 40152 (a) Whenever any vehicle or combination of vehicles is found to be not registered as required by this code, and a notice to appear is issued or a complaint is…
ARTICLE 3. Procedure on Parking Violations §§ 40200–40230 · 29 sections
- § 40200 (a) Any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under this code, under any federal statute or…
- § 40200.1 A person shall not be subject to both a notice of parking violation and a notice to appear for the same violation.
- § 40200.3 (a) All parking penalties collected by the processing agency, which may be the issuing agency, including process service fees and fees and collection costs…
- § 40200.4 (a) The processing agency shall deposit with the county treasurer all sums due the county as the result of processing a parking violation not later than 45…
- § 40200.5 (a) Except as provided in subdivision (c) of Section 40200.4, an issuing agency may elect to contract with the county, with a private vendor, or with any other…
- § 40200.6 (a) If a contract is entered into pursuant to Section 40200.5, for the purposes of this article, “processing agency” means the contracting party responsible…
- § 40200.8 The parking processing agency shall notify the department and recall any hold on the registration of a vehicle that it filed with the department in connection…
- § 40202 (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely…
- § 40203 The notice of parking violation shall be accompanied by a written notice of the amount of the parking penalty due for that violation, the address of the person…
- § 40203.5 (a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where…
- § 40203.6 (a) In addition to an assessment levied pursuant to any other law, an additional assessment equal to 10 percent of the penalty established pursuant to Section…
- § 40204 (a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking…
- § 40205 If a person contests the parking violation, the processing agency shall proceed in accordance with Section 40215.
- § 40206 (a) If the payment of the parking penalty is not received by the person authorized to receive a deposit of the parking penalty by the date fixed on the notice…
- § 40206.5 (a) Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of…
- § 40207 (a) The notice of delinquent parking violation shall contain the information specified in subdivision (a) of Section 40202 or subdivision (a) of Section 40248,…
- § 40208 The notice of delinquent parking violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes…
- § 40209 If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of delinquent parking violation…
- § 40210 (a) If the affidavit of nonliability is returned and indicates that the registered owner served has made a bona fide sale or transfer of the vehicle and has…
- § 40211 (a) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent parking violation pursuant…
- § 40215 (a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking…
- § 40220 (a) Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to…
- § 40220.5 (a) (1) A processing agency may only use the process set forth in Section 4760 to collect unpaid parking penalties that were issued before July 1, 2018, and…
- § 40221 The processing agency shall not file a civil judgment with the court relating to a parking violation which has been filed with the department unless the…
- § 40222 The processing agency shall terminate proceedings on a notice of a delinquent parking violation or violations in all of the following cases: (a) Upon receipt…
- § 40224 The time limitation provided by law for commencement of a civil action for a violation specified in Section 40200 shall be tolled from and after the date a…
- § 40225 (a) An equipment violation entered on the notice of parking violation attached to the vehicle under Section 40203 shall be processed in accordance with this…
- § 40226 An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed…
- § 40230 (a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek…
ARTICLE 3.5. Procedure on Video Imaging of Parking Violations Occurring in Transit-Only Lanes §§ 40240–40241 · 3 sections
- § 40240 (a) A public transit operator, as defined in Section 99210 of the Public Utilities Code, may install automated forward facing parking control devices on…
- § 40240.5 (a) A public transit operator, including the Alameda-Contra Costa Transit District, that implements an automated enforcement system to enforce parking…
- § 40241 (a) A designated employee of the local agency, including a contracted law enforcement agency, shall issue a notice of parking violation to the registered owner…
ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes §§ 40245–40248 · 4 sections
- § 40245 (a) A local agency may install automated forward facing parking control devices on city-owned or district-owned parking enforcement vehicles for the purpose of…
- § 40246 (a) A local agency that implements an automated enforcement system to enforce parking violations occurring in bicycle lanes pursuant to this article shall…
- § 40247 (a) A designated employee of a local agency, including a contracted law enforcement agency, shall issue a notice of parking violation to the registered owner…
- § 40248 This article shall remain in effect only until January 1, 2030, and as of that date is repealed.
ARTICLE 4. Procedure on Toll Evasion Violations §§ 40250–40273 · 26 sections
- § 40250 (a) Except where otherwise specifically provided, a violation of a statute, regulation, or ordinance governing the evasion of tolls on toll facilities under…
- § 40251 All toll evasion penalties collected by the processing agency, as defined in Section 40253, including all administrative fees, process service fees, and fees…
- § 40252 (a) An issuing agency may elect to contract with the state, the county, a local authority, or a district organized pursuant to Part 3 (commencing with Section…
- § 40253 If a contract is entered into pursuant to Section 40252, for the purpose of this article, “processing agency” means the party responsible for the processing of…
- § 40254 (a) If a vehicle is found, by automated devices, visual observation, or otherwise, to have evaded tolls on a toll road or toll bridge, and subdivision (d) of…
- § 40255 (a) Within 21 days from the issuance of the notice of toll evasion violation, or within 30 days from the mailing of the notice of delinquent toll evasion,…
- § 40256 (a) Within 20 days after the mailing of the final decision described in subdivision (b) of Section 40255, the contestant may seek review by filing an appeal to…
- § 40257 The notice of toll evasion violation shall be accompanied by a written notice of the toll evasion penalty due for that violation and the address of the person…
- § 40258 (a) (1) The schedule of toll evasion penalties for a toll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll…
- § 40259 If the toll evasion penalty is received by the person authorized to receive the deposit of the toll evasion penalty and there is no contest as to that toll…
- § 40260 (a) If the payment of the toll evasion penalty is not received by the person authorized to receive a deposit of the toll evasion penalty by the time and date…
- § 40261 (a) Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or his or her agent, may request by mail or in person a…
- § 40262 (a) (1) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to…
- § 40262.5 If the registered owner fails to pay the toll evasion penalty, as required in Section 40262, or fails to contest the violation, as provided in Section 40255,…
- § 40263 The notice of delinquent toll evasion violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes…
- § 40264 If the affidavit of nonliability is returned to the agency within 30 days of the mailing of the notice of toll evasion violation together with the proof of a…
- § 40265 (a) If the affidavit of nonliability is returned and indicates that the registered owner served has made a bona fide sale or transfer of the vehicle and has…
- § 40266 (a) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent toll evasion violation…
- § 40267 Except as otherwise provided in Sections 40268 and 40269, the processing agency shall proceed under one or more of the following options to collect an unpaid…
- § 40268 The processing agency shall not file a civil judgment with the court relating to a toll evasion violation which has been filed with the department unless the…
- § 40269 (a) The processing agency shall terminate proceedings on the notice of a delinquent toll evasion violation in any of the following cases: (1) Upon receipt of…
- § 40269.5 (a) (1) An issuing agency shall make a payment plan option available to a person whose monthly income is 200 percent of the current poverty guidelines, or…
- § 40270 If the notice of delinquent toll evasion violation is filed with the department pursuant to subdivision (b) of Section 40267 and the department returns the…
- § 40271 The time limitation provided by law for commencement of a civil action for a violation specified in Section 40250 shall be tolled from and after the date a…
- § 40272 Notwithstanding any other provision of law, an imposition of civil liability for a violation of Section 23302.5 shall not be deemed a conviction of a driver,…
- § 40273 Any information obtained pursuant to this article through the use of automated devices shall not be used for any purpose other than to identify, and obtain the…