2009 California Vehicle Code - Section 23100-23135 :: Article 1. Driving Offenses

VEHICLE CODE
SECTION 23100-23135

23100.  The provisions of this chapter apply to vehicles upon the
highways and elsewhere throughout the State unless expressly provided
otherwise.

23103.  (a)  A person who drives a vehicle upon a highway in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
   (b)  A person who drives a vehicle in an offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
   (c) Persons convicted of the offense of reckless driving shall be
punished by imprisonment in a county jail for not less than five days
nor more than 90 days or by a fine of not less than one hundred
forty-five dollars ($145) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment, except as provided
in Section 23104 or 23105.

23103.5.  (a)  If the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of Section 23103 in
satisfaction of, or as a substitute for, an original charge of a
violation of Section 23152, the prosecution shall state for the
record a factual basis for the satisfaction or substitution,
including whether or not there had been consumption of an alcoholic
beverage or ingestion or administration of a drug, or both, by the
defendant in connection with the offense. The statement shall set
forth the facts that show whether or not there was a consumption of
an alcoholic beverage or the ingestion or administration of a drug by
the defendant in connection with the offense.
   (b) The court shall advise the defendant, prior to the acceptance
of the plea offered pursuant to a factual statement pursuant to
subdivision (a), of the consequences of a conviction of a violation
of Section 23103 as set forth in subdivision (c).
   (c) If the court accepts the defendant's plea of guilty or nolo
contendere to a charge of a violation of Section 23103 and the
prosecutor's statement under subdivision (a) states that there was
consumption of an alcoholic beverage or the ingestion or
administration of a drug by the defendant in connection with the
offense, the resulting conviction shall be a prior offense for the
purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as
specified in those sections.
   (d) The court shall notify the Department of Motor Vehicles of
each conviction of Section 23103 that is required under this section
to be a prior offense for purposes of Section 23540, 23546, 23550,
23560, 23566, or 23622.
   (e) Except as provided in paragraph (1) of subdivision (f), if the
court places the defendant on probation for a conviction of Section
23103 that is required under this section to be a prior offense for
purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, the
court shall order the defendant to enroll in an alcohol and drug
education program licensed under Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code and
complete, at a minimum, the educational component of that program, as
a condition of probation. If compelling circumstances exist that
mitigate against including the education component in the order, the
court may make an affirmative finding to that effect. The court shall
state the compelling circumstances and the affirmative finding on
the record, and may, in these cases, exclude the educational
component from the order.
   (f) (1) If the court places on probation a defendant convicted of
a violation of Section 23103 that is required under this section to
be a prior offense for purposes of Section 23540, 23546, 23550,
23560, 23566, or 23622, and that offense occurred within 10 years of
a separate conviction of a violation of Section 23103, as specified
in this section, or within 10 years of a conviction of a violation of
Section 23152 or 23153, the court shall order the defendant to
participate for nine months or longer, as ordered by the court, in a
program licensed under Chapter 9 (commencing with Section 11836) of
Part 2 of Division 10.5 of the Health and Safety Code that consists
of at least 60 hours of program activities, including education,
group counseling, and individual interview sessions.
   (2) The court shall revoke the person's probation, except for good
cause shown, for the failure to enroll in, participate in, or
complete a program specified in paragraph (1).
   (g) The Department of Motor Vehicles shall include in its annual
report to the Legislature under Section 1821 an evaluation of the
effectiveness of the programs described in subdivisions (e) and (f)
as to treating persons convicted of violating Section 23103.

23104.  (a) Except as provided in subdivision (b), whenever reckless
driving of a vehicle proximately causes bodily injury to a person
other than the driver, the person driving the vehicle shall, upon
conviction thereof, be punished by imprisonment in the county jail
for not less than 30 days nor more than six months or by a fine of
not less than two hundred twenty dollars ($220) nor more than one
thousand dollars ($1,000), or by both the fine and imprisonment.
   (b)  A person convicted of reckless driving that proximately
causes great bodily injury, as defined in Section 12022.7 of the
Penal Code, to a person other than the driver, who previously has
been convicted of a violation of Section 23103, 23104, 23105, 23109,
23109.1, 23152, or 23153, shall be punished by imprisonment in the
state prison, by imprisonment in the county jail for not less than 30
days nor more than six months or by a fine of not less than two
hundred twenty dollars ($220) nor more than one thousand dollars
($1,000) or by both the fine and imprisonment.

23105.  (a) A person convicted of reckless driving in violation of
Section 23103 that proximately causes one or more of the injuries
specified in subdivision (b) to a person other than the driver, shall
be punished by imprisonment in the state prison, or by imprisonment
in a county jail for not less than 30 days nor more than six months,
or by a fine of not less than two hundred twenty dollars ($220) nor
more than one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (b) This section applies to all of the following injuries:
   (1) A loss of consciousness.
   (2) A concussion.
   (3) A bone fracture.
   (4) A protracted loss or impairment of function of a bodily member
or organ.
   (5) A wound requiring extensive suturing.
   (6) A serious disfigurement.
   (7) Brain injury.
   (8) Paralysis.
   (c) This section does not preclude or prohibit prosecution under
any other provision of law.

23109.  (a) A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an event
in which the time to cover a prescribed route of more than 20 miles
is measured, but where the vehicle does not exceed the speed limits,
is not a speed contest.
   (b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
   (c) A person shall not engage in a motor vehicle exhibition of
speed on a highway, and a person shall not aid or abet in a motor
vehicle exhibition of speed on any highway.
   (d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.
   (e) (1) A person convicted of a violation of subdivision (a) shall
be punished by imprisonment in a county jail for not less than 24
hours nor more than 90 days or by a fine of not less than three
hundred fifty-five dollars ($355) nor more than one thousand dollars
($1,000), or by both that fine and imprisonment. That person shall
also be required to perform 40 hours of community service. The court
may order the privilege to operate a motor vehicle suspended for 90
days to six months, as provided in paragraph (10) of subdivision (a)
of Section 13352. The person's privilege to operate a motor vehicle
may be restricted for 90 days to six months to necessary travel to
and from that person's place of employment and, if driving a motor
vehicle is necessary to perform the duties of the person's
employment, restricted to driving in that person's scope of
employment. This subdivision does not interfere with the court's
power to grant probation in a suitable case.
   (2) If a person is convicted of a violation of subdivision (a) and
that violation proximately causes bodily injury to a person other
than the driver, the person convicted shall be punished by
imprisonment in a county jail for not less than 30 days nor more than
six months or by a fine of not less than five hundred dollars ($500)
nor more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (f) (1) If a person is convicted of a violation of subdivision (a)
for an offense that occurred within five years of the date of a
prior offense that resulted in a conviction of a violation of
subdivision (a), that person shall be punished by imprisonment in a
county jail for not less than four days nor more than six months, and
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000).
   (2) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes bodily
injury to a person other than the driver, a person convicted of that
second violation shall be imprisoned in a county jail for not less
than 30 days nor more than six months and by a fine of not less than
five hundred dollars ($500) nor more than one thousand dollars
($1,000).
   (3) If the perpetration of the most recent offense within the
five-year period described in paragraph (1) proximately causes
serious bodily injury, as defined in paragraph (4) of subdivision (f)
of Section 243 of the Penal Code, to a person other than the driver,
a person convicted of that second violation shall be imprisoned in
the state prison, or in a county jail for not less than 30 days nor
more than one year, and by a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000).
   (4) The court shall order the privilege to operate a motor vehicle
of a person convicted under paragraph (1), (2), or (3) suspended for
a period of six months, as provided in paragraph (11) of subdivision
(a) of Section 13352. In lieu of the suspension, the person's
privilege to operate a motor vehicle may be restricted for six months
to necessary travel to and from that person's place of employment
and, if driving a motor vehicle is necessary to perform the duties of
the person's employment, restricted to driving in that person's
scope of employment.
   (5) This subdivision does not interfere with the court's power to
grant probation in a suitable case.
   (g) If the court grants probation to a person subject to
punishment under subdivision (f), in addition to subdivision (f) and
any other terms and conditions imposed by the court, which may
include a fine, the court shall impose as a condition of probation
that the person be confined in a county jail for not less than 48
hours nor more than six months. The court shall order the person's
privilege to operate a motor vehicle to be suspended for a period of
six months, as provided in paragraph (11) of subdivision (a) of
Section 13352 or restricted pursuant to subdivision (f).
   (h) If a person is convicted of a violation of subdivision (a) and
the vehicle used in the violation is registered to that person, the
vehicle may be impounded at the registered owner's expense for not
less than one day nor more than 30 days.
   (i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
   (j) If a person's privilege to operate a motor vehicle is
restricted by a court pursuant to this section, the court shall
clearly mark the restriction and the dates of the restriction on that
person's driver's license and promptly notify the Department of
Motor Vehicles of the terms of the restriction in a manner prescribed
by the department. The Department of Motor Vehicles shall place that
restriction in the person's records in the Department of Motor
Vehicles and enter the restriction on a license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
   (k) The court may order that a person convicted under this
section, who is to be punished by imprisonment in a county jail, be
imprisoned on days other than days of regular employment of the
person, as determined by the court.
   (l) This section shall be known and may be cited as the Louis
Friend Memorial Act.

23109.1.  (a) A person convicted of engaging in a motor vehicle
speed contest in violation of subdivision (a) of Section 23109 that
proximately causes one or more of the injuries specified in
subdivision (b) to a person other than the driver, shall be punished
by imprisonment in the state prison, or by imprisonment in a county
jail for not less than 30 days nor more than six months, or by a fine
of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or by both that fine and imprisonment.
   (b) This section applies to all of the following injuries:
   (1) A loss of consciousness.
   (2) A concussion.
   (3) A bone fracture.
   (4) A protracted loss or impairment of function of a bodily member
or organ.
   (5) A wound requiring extensive suturing.
   (6) A serious disfigurement.
   (7) Brain injury.
   (8) Paralysis.
   (c) This section does not preclude or prohibit prosecution under
any other provision of law.

23109.2.  (a) (1) Whenever a peace officer determines that a person
was engaged in any of the activities set forth in paragraph (2), the
peace officer may immediately arrest and take into custody that
person and may cause the removal and seizure of the motor vehicle
used in that offense in accordance with Chapter 10 (commencing with
Section 22650). A motor vehicle so seized may be impounded for not
more than 30 days.
   (2) (A) A motor vehicle speed contest, as described in subdivision
(a) of Section 23109.
   (B) Reckless driving on a highway, as described in subdivision (a)
of Section 23103.
   (C) Reckless driving in an offstreet parking facility, as
described in subdivision (b) of Section 23103.
   (D) Exhibition of speed on a highway, as described in subdivision
(c) of Section 23109.
   (b) The registered and legal owner of a vehicle removed and seized
under subdivision (a) or their agents shall be provided the
opportunity for a storage hearing to determine the validity of the
storage in accordance with Section 22852.
   (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650)
or any other provision of law, an impounding agency shall release a
motor vehicle to the registered owner or his or her agent prior to
the conclusion of the impoundment period described in subdivision (a)
under any of the following circumstances:
   (A) If the vehicle is a stolen vehicle.
   (B) If the person alleged to have been engaged in the motor
vehicle speed contest, as described in subdivision (a), was not
authorized by the registered owner of the motor vehicle to operate
the motor vehicle at the time of the commission of the offense.
   (C) If the registered owner of the vehicle was neither the driver
nor a passenger of the vehicle at the time of the alleged violation
pursuant to subdivision (a), or was unaware that the driver was using
the vehicle to engage in any of the activities described in
subdivision (a).
   (D) If the legal owner or registered owner of the vehicle is a
rental car agency.
   (E) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
   (2) A vehicle shall be released pursuant to this subdivision only
if the registered owner or his or her agent presents a currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or if ordered by a court.
   (3) If, pursuant to subparagraph (E) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of subdivision
(a) of Section 23109 nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor
vehicle be sold to satisfy those charges.
   (d) A vehicle seized and removed under subdivision (a) shall be
released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. No lien sale
processing fees shall be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
   (3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
   (e) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
   (2) Notwithstanding paragraph (1), if the person convicted of
engaging in the activities set forth in paragraph (2) of subdivision
(a) was not authorized by the registered owner of the motor vehicle
to operate the motor vehicle at the time of the commission of the
offense, the court shall order the convicted person to reimburse the
registered owner for any towing and storage charges related to the
impoundment, and any administrative charges authorized under Section
22850.5 incurred by the registered owner to obtain possession of the
vehicle, unless the court finds that the person convicted does not
have the ability to pay all or part of those charges.
   (3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 incurred by the rental car
agency in connection with obtaining possession of the vehicle.
   (4) The owner is not liable for any towing and storage charges
related to the impoundment if acquittal or dismissal occurs.
   (5) The vehicle may not be sold prior to the defendant's
conviction.
   (6) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (c). Notwithstanding this
provision, nothing shall prohibit impounding agencies from making
prior payment arrangements to satisfy this requirement.
   (f) Any period when a vehicle is subjected to storage under this
section shall be included as part of the period of impoundment
ordered by the court under subdivision (h) of Section 23109.

23109.5.  (a) In any case charging a violation of subdivision (a) of
Section 23109 and where the offense occurs within five years of one
or more prior offenses which resulted in conviction of violation of
subdivision (a) of Section 23109, the court shall not strike any
prior conviction of those offenses for purposes of sentencing in
order to avoid imposing, as part of the sentence or term of
probation, the minimum time of imprisonment, as provided in
subdivision (f) of Section 23109, or for purposes of avoiding
revocation, suspension, or restriction of the privilege to operate a
motor vehicle, as provided in Section 13352 or 23109.
   (b) In any case charging a violation of subdivision (a) of Section
23109, the court shall obtain a copy of the driving record of the
person charged from the Department of Motor Vehicles and may obtain
any records from the Department of Justice or any other source to
determine if one or more prior convictions of the person for
violation of subdivision (a) of Section 23109 have occurred within
five years of the charged offense.

23110.  (a) Any person who throws any substance at a vehicle or any
occupant thereof on a highway is guilty of a misdemeanor.
   (b) Any person who with intent to do great bodily injury
maliciously and willfully throws or projects any rock, brick, bottle,
metal or other missile, or projects any other substance capable of
doing serious bodily harm at such vehicle or occupant thereof is
guilty of a felony and upon conviction shall be punished by
imprisonment in the state prison.

23111.  No person in any vehicle and no pedestrian shall throw or
discharge from or upon any road or highway or adjoining area, public
or private, any lighted or nonlighted cigarette, cigar, match, or any
flaming or glowing substance. This section shall be known as the
Paul Buzzo Act.

23112.  (a) No person shall throw or deposit, nor shall the
registered owner or the driver, if such owner is not then present in
the vehicle, aid or abet in the throwing or depositing upon any
highway any bottle, can, garbage, glass, nail, offal, paper, wire,
any substance likely to injure or damage traffic using the highway,
or any noisome, nauseous, or offensive matter of any kind.
   (b) No person shall place, deposit, or dump, or cause to be
placed, deposited, or dumped, any rocks, refuse, garbage, or dirt in
or upon any highway, including any portion of the right-of-way
thereof, without the consent of the state or local agency having
jurisdiction over the highway.

23112.5.  (a) Any person who dumps, spills, or causes the release of
hazardous material, as defined by Section 353, or hazardous waste,
as defined by Section 25117 of the Health and Safety Code, upon any
highway shall notify the Department of the California Highway Patrol
or the agency having traffic jurisdiction for that highway of the
dump, spill, or release, as soon as the person has knowledge of the
dump, spill, or release and notification is possible. Upon receiving
notification pursuant to this section, the Department of the
California Highway Patrol shall, as soon as possible, notify the
Office of Emergency Services of the dump, spill, or release, except
for petroleum spills of less than 42 gallons from vehicular fuel
tanks.
   (b) Any person who is convicted of a violation of this section
shall be punished by a mandatory fine of not less than two thousand
dollars ($2,000).

23112.7.  (a) (1) A motor vehicle used for illegal dumping of waste
matter on public or private property is subject to impoundment
pursuant to subdivision (c).
   (2) A motor vehicle used for illegal dumping of harmful waste
matter on public or private property is subject to impoundment and
civil forfeiture pursuant to subdivision (d).
   (b) For the purposes of this section, the following terms have the
following meanings:
   (1) "Illegal dumping" means the willful or intentional depositing,
dropping, dumping, placing, or throwing of any waste matter onto
public or private property that is not expressly designated for the
purpose of disposal of waste matter. "Illegal dumping" does not
include the discarding of small quantities of waste matter related to
consumer goods and that are reasonably understood to be ordinarily
carried on or about the body of a living person, including, but not
limited to, beverage containers and closures, packaging, wrappers,
wastepaper, newspaper, magazines, or other similar waste matter that
escapes or is allowed to escape from a container, receptacle, or
package.
   (2) "Waste matter" means any form of tangible matter described by
any of the following:
   (A) All forms of garbage, refuse, rubbish, recyclable materials,
and solid waste.
   (B) Dirt, soil, rock, decomposed rock, gravel, sand, or other
aggregate material dumped or deposited as refuse.
   (C) Abandoned or discarded furniture; or commercial, industrial,
or agricultural machinery, apparatus, structure, or other container;
or a piece, portion, or part of these items.
   (D) All forms of liquid waste not otherwise defined in or deemed
to fall within the purview of Section 25117 of the Health and Safety
Code, including, but not limited to, water-based or oil-based paints,
chemical solutions, water contaminated with any substance rendering
it unusable for irrigation or construction, oils, fuels, and other
petroleum distillates or byproducts.
   (E) Any form of biological waste not otherwise designated by law
as hazardous waste, including, but not limited to, body parts,
carcasses, and any associated container, enclosure, or wrapping
material used to dispose these matters.
   (F) A physical substance used as an ingredient in any process, now
known or hereafter developed or devised, to manufacture a controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058
of the Health and Safety Code, or that is a byproduct or result of
the manufacturing process of the controlled substance.
   (3) "Harmful waste matter" is a hazardous substance as defined in
Section 374.8 of the Penal Code; a hazardous waste as defined in
Section 25117 of the Health and Safety Code; waste that, pursuant to
Division 30 (commencing with Section 40000) of the Public Resources
Code, cannot be disposed in a municipal solid waste landfill without
special handling, processing, or treatment; or waste matter in excess
of one cubic yard.
   (c) (1) Whenever a person, who has one or more prior convictions
of Section 374.3 or 374.8 of the Penal Code that are not infractions,
is convicted of a misdemeanor violation of Section 374.3 of the
Penal Code, or of a violation of Section 374.8 of the Penal Code, for
illegally dumping waste matter or harmful waste matter that is
committed while driving a motor vehicle of which he or she is the
registered owner of the vehicle, or is the registered owner's agent
or employee, the court at the time of sentencing may order the motor
vehicle impounded for a period of not more than six months.
   (2) In determining the impoundment period imposed pursuant to
paragraph (1), the court shall consider both of the following
factors:
   (A) The size and nature of the waste matter dumped.
   (B) Whether the dumping occurred for a business purpose.
   (3) The cost of keeping the vehicle is a lien on the vehicle
pursuant to Chapter 6.5 (commencing with Section 3067) of Title 14 of
Part 4 of Division 3 of the Civil Code.
   (4) Notwithstanding paragraph (1), a vehicle impounded pursuant to
this subdivision shall be released to the legal owner or his or her
agent pursuant to subdivision (b) of Section 23592.
   (5) The impounding agency shall not be liable to the registered
owner for the release of the vehicle to the legal owner or his or her
agent when made in compliance with paragraph (4).
   (6) This subdivision does not apply if there is a community
property interest in the vehicle that is owned by a person other than
the defendant and the vehicle is the only vehicle available to the
defendant's immediate family that may be operated on the highway with
a class A, class B, or class C driver's license.
   (d) (1) Notwithstanding Section 86 of the Code of Civil Procedure
and any other provision of law otherwise prescribing the jurisdiction
of the court based upon the value of the property involved, whenever
a person, who has two or more prior convictions of Section 374.3 or
374.8 of the Penal Code that are not infractions, is charged with a
misdemeanor violation of Section 374.3 of the Penal Code, or of a
violation of Section 374.8 of the Penal Code, for illegally dumping
harmful waste matter, the court with jurisdiction over the offense
may, upon a motion of the prosecutor or the county counsel in a
criminal action, declare a motor vehicle if used by the defendant in
the commission of the violation, to be a nuisance, and upon
conviction order the vehicle sold pursuant to Section 23596, if the
person is the registered owner of the vehicle or the registered owner'
s employee or agent.
   (2) The proceeds of the sale of the vehicle pursuant to this
subdivision shall be distributed and used in decreasing order of
priority, as follows:
   (A) To satisfy all costs of the sale, including costs incurred
with respect to the taking and keeping of the vehicle pending sale.
   (B) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of the sale,
including accrued interest or finance charges and delinquency
charges.
   (C) To recover the costs made, incurred, or associated with the
enforcement of this section, the abatement of waste matter, and the
deterrence of illegal dumping.
   (3) A vehicle shall not be sold pursuant to this subdivision in
either of the following circumstances:
   (A) The vehicle is owned by the employer or principal of the
defendant and the use of the vehicle was made without the employer's
or principal's knowledge and consent, and did not provide a direct
benefit to the employer's or principal's business.
   (B) There is a community property interest in the vehicle that is
owned by a person other than the defendant and the vehicle is the
only vehicle available to the defendant's immediate family that may
be operated on the highway with a class A, class B, or class C driver'
s license.

23113.  (a) Any person who drops, dumps, deposits, places, or
throws, or causes or permits to be dropped, dumped, deposited,
placed, or thrown, upon any highway or street any material described
in Section 23112 or in subdivision (d) of Section 23114 shall
immediately remove the material or cause the material to be removed.
   (b) If the person fails to comply with subdivision (a), the
governmental agency responsible for the maintenance of the street or
highway on which the material has been deposited may remove the
material and collect, by civil action, if necessary, the actual cost
of the removal operation in addition to any other damages authorized
by law from the person made responsible under subdivision (a).
   (c) A member of the Department of the California Highway Patrol
may direct a responsible party to remove the aggregate material
described in subdivision (d) of Section 23114 from a highway when
that material has escaped or been released from a vehicle.
   (d) Notwithstanding any other provision of law, a government
agency described in subdivision (b), the Department of the California
Highway Patrol, or the employees or officers of those agencies, may
not be held liable for any damage to material, to cargo, or to
personal property caused by a negligent act or omission of the
employee or officer when the employee or officer is acting within the
scope and purpose of subdivision (b) or (c). Nothing in this
subdivision affects liability for purposes of establishing gross
negligence or willful misconduct. This subdivision applies to the
negligent performance of a ministerial act, and does not affect
liability under any provision of law, including liability, if any,
derived from the failure to preserve evidence in a civil or criminal
action.

23114.  (a)  Except as provided in Subpart I (commencing with
Section 393.100) of Title 49 of the Code of Federal Regulations
related to hay and straw, a vehicle shall not be driven or moved on
any highway unless the vehicle is so constructed, covered, or loaded
as to prevent any of its contents or load other than clear water or
feathers from live birds from dropping, sifting, leaking, blowing,
spilling, or otherwise escaping from the vehicle.
   (b) (1) Aggregate material shall only be carried in the cargo area
of a vehicle. The cargo area shall not contain any holes, cracks, or
openings through which that material may escape, regardless of the
degree to which the vehicle is loaded, except as provided in
paragraph (2).
   (2) Every vehicle used to transport aggregate materials,
regardless of the degree to which the vehicle is loaded, shall be
equipped with all of the following:
   (A) Properly functioning seals on any openings used to empty the
load, including, but not limited to, bottom dump release gates and
tailgates.
   (B) Splash flaps behind every tire, or set of tires, regardless of
the position on the truck, truck tractor, or trailer.
   (C) Center flaps at a location to the rear of each bottom dump
release gate as to trucks or trailers equipped with bottom dump
release gates. The center flap may be positioned directly behind the
bottom dump release gate and in front of the rear axle of the
vehicle, or it may be positioned to the rear of the rear axle in line
with the splash flaps required behind the tires. The width of the
center flap may extend not more than one inch from one sidewall to
the opposite sidewall of the inside tires and shall extend to within
five inches of the pavement surface, and may be not less than 24
inches from the bottom edge to the top edge of that center flap.
   (D) Fenders starting at the splash flap with the leading edge of
the fenders extending forward at least six inches beyond the center
of the axle that cover the tops of tires not already covered by the
truck, truck tractor, or trailer body.
   (E) Complete enclosures on all vertical sides of the cargo area,
including, but not limited to, tailgates.
   (F) Shed boards designed to prevent aggregate materials from being
deposited on the vehicle body during top loading.
   (c) Vehicles comprised of full rigid enclosures are exempt only
from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).
   (d) For purposes of this section, "aggregate material" means rock
fragments, pebbles, sand, dirt, gravel, cobbles, crushed base,
asphalt, and other similar materials.
   (e) (1) In addition to subdivisions (a) and (b), a vehicle may not
transport any aggregate material upon a highway unless the material
is covered.
   (2) Vehicles transporting loads composed entirely of asphalt
material are exempt only from the provisions of this section
requiring that loads be covered.
   (3) Vehicles transporting loads composed entirely of petroleum
coke material are not required to cover their loads if they are
loaded using safety procedures, specialized equipment, and a chemical
surfactant designed to prevent materials from blowing, spilling, or
otherwise escaping from the vehicle.
   (4) Vehicles transporting loads of aggregate materials are not
required to cover their loads if the load, where it contacts the
sides, front, and back of the cargo container area, remains six
inches from the upper edge of the container area, and if the load
does not extend, at its peak, above any part of the upper edge of the
cargo container area.
   (f) A person who provides a location for vehicles to be loaded
with an aggregate material or other material shall provide a location
for vehicle operators to comply with this section before entering a
highway.
   (1) A person is exempt from the requirements of this subdivision
if the location that he or she provides for vehicles to be loaded
with the materials described in this subdivision has 100 yards or
less between the scale houses where the trucks carrying aggregate
material are weighed and the point of egress to a public road.
   (2) A driver of a vehicle loaded with aggregate material leaving
locations exempted from the requirements of this subdivision is
authorized to operate on public roads only until that driver is able
to safely cover the load at a site near the location's point of
egress to the public road. Except as provided under paragraph (4) of
subdivision (e), an uncovered vehicle described in this paragraph may
not operate more than 200 yards from the point of egress to the
public road.

23115.  (a) No vehicle transporting garbage, swill, used cans or
bottles, wastepapers, waste cardboard, ashes, refuse, trash, or
rubbish, or any noisome, nauseous, or offensive matter, or anything
being transported for disposal or recycling shall be driven or moved
upon any highway unless the load is totally covered in a manner that
will prevent the load or any part of the load from spilling or
falling from the vehicle.
   (b) Subdivision (a) does not prohibit a rubbish vehicle from being
without cover while in the process of acquiring its load if no law,
administrative regulation, or local ordinance requires that it be
covered in those circumstances.
   (c) Vehicles transporting wastepaper, waste cardboard, or used
cans or bottles, are in compliance with subdivision (a) if
appropriate binders including, but not limited to, bands, wires,
straps, or netting are used to prevent the load, or any part of the
load, from spilling or falling from the vehicle.
   (d) This section does not apply to any vehicle engaged in
transporting wet waste fruit or vegetable matter, or waste products
to or from a food processing establishment.

23116.  (a) No person driving a pickup truck or a flatbed motortruck
on a highway shall transport any person in or on the back of the
truck.
   (b) No person shall ride in or on the back of a truck or flatbed
motortruck being driven on a highway.
   (c) Subdivisions (a) and (b) do not apply if the person in the
back of the truck is secured with a restraint system. The restraint
system shall meet or exceed the federal motor vehicle safety
standards published in Sections 571.207, 571.209, and 571.210 of
Title 49 of the Code of Federal Regulations.
   (d) Subdivisions (a), (b), and (c) do not apply to any person
transporting one or more persons in the back of a truck or flatbed
motortruck owned by a farmer or rancher, if that vehicle is used
exclusively within the boundaries of lands owned or managed by that
farmer or rancher, including the incidental use of that vehicle on
not more than one mile of highway between one part of the farm or
ranch to another part of that farm or ranch.
   (e) Subdivisions (a), (b), and (c) do not apply if the person in
the back of the truck or the flatbed is being transported in an
emergency response situation by a public agency or pursuant to the
direction or authority of a public agency.
   As used in this subdivision, "emergency response situation" means
instances in which necessary measures are needed in order to prevent
injury or death to persons or to prevent, confine, or mitigate damage
or destruction to property.
   (f) Subdivisions (a) and (b) do not apply if the person in the
back of the truck or flatbed motortruck is being transported in a
parade that is supervised by a law enforcement agency and the speed
of the truck while in the parade does not exceed eight miles per
hour.

23117.  (a) No person driving a motor vehicle shall transport any
animal in the back of the vehicle in a space intended for any load on
the vehicle on a highway unless the space is enclosed or has side
and tail racks to a height of at least 46 inches extending vertically
from the floor, the vehicle has installed means of preventing the
animal from being discharged, or the animal is cross tethered to the
vehicle, or is protected by a secured container or cage, in a manner
which will prevent the animal from being thrown, falling, or jumping
from the vehicle.
   (b) This section does not apply to any of the following:
   (1) The transportation of livestock.
   (2) The transportation of a dog whose owner either owns or is
employed by a ranching or farming operation who is traveling on a
road in a rural area or who is traveling to and from a livestock
auction.
   (3) The transportation of a dog for purposes associated with
ranching or farming.

23118.  (a) (1) A magistrate presented with the affidavit of a peace
officer establishing reasonable cause to believe that a vehicle,
described by vehicle type and license number, is being used or
operated in violation of Section 7502.1 of the Business and
Professions Code shall issue a warrant or order authorizing any peace
officer to immediately seize and cause the removal of the vehicle.
   (2) The warrant or court order may be entered into a computerized
database.
   (3) Any vehicle so impounded may be impounded until such time as
the owner of the property, or the person in possession of the
property at the time of the impoundment, produces proof of licensure
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code, or proof of an exemption from
licensure pursuant to Section 7500.2 or 7500.3 of the Business and
Professions Code.
   (4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
   (b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
   (2) No vehicle may be released under this subdivision, except upon
presentation of the registered owner's or agent's currently valid
license to operate the vehicle, and proof of current vehicle
registration, or upon order of the court.
   (c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
   (2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
   (A) The name, address, and telephone number of the agency
providing the notice.
   (B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
   (C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
   (D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
   (3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
   (4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
   (5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
   (6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that reasonable grounds for the storage are
not established.
   (d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
   (e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
   (2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. Except as
specifically authorized by this subdivision, no other fees shall be
charged to the legal owner or the agent of the legal owner. No lien
sale processing fees shall be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
   (B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
   (C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
   (D) A person operating or in charge of the storage facility shall
have sufficient funds on the premises of the primary storage facility
during normal business hours to accommodate, and make change in, a
reasonable monetary transaction.
   (E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
   (3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
   (B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The person in possession of the vehicle,
or any person acting on behalf of the person in possession, shall not
require the presentation of any other documents.
   (C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require a
document to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, may require
the agent of the legal owner to produce a photocopy or facsimile
copy of its repossession agency license or registration issued
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code, or to demonstrate, to the
satisfaction of the law enforcement agency, impounding agency, or any
person in possession of the vehicle, or anyone acting on behalf of
them, that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
   (D) No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The law enforcement agency, impounding agency, or any other
governmental agency, or any person acting on behalf of those
agencies, shall not require any documents other than those specified
in this paragraph. The law enforcement agency, impounding agency, or
other governmental agency, or any person acting on behalf of those
agencies, may not require any documents to be notarized. The legal
owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
   (4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
   (f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
the person in possession of the vehicle at the time of the impound or
any agents of the registered owner until the termination of the
impoundment period.
   (2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license to the legal
owner or the legal owner's agent. The legal owner or the legal owner'
s agent or the person in possession of the vehicle shall make every
reasonable effort to ensure that the licenses presented are valid and
possession of the vehicle will not be given to the driver who was
involved in the original impound proceeding until the expiration of
the impoundment period.
   (3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
   (4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impound or any agent of the registered
owner in violation of this subdivision shall be guilty of a
misdemeanor and subject to a fine in the amount of two thousand
dollars ($2,000) in addition to any other penalties established by
law.
   (5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impound.
   (g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent provided the release complies with the provisions of this
section. The legal owner shall indemnify and hold harmless a storage
facility from any claims arising out of the release of the vehicle to
the legal owner or the legal owner's agent and from any damage to
the vehicle after its release, including the reasonable costs
associated with defending any such claims. A law enforcement agency
shall not refuse to issue a release to a legal owner or the agent of
a legal owner on the grounds that it previously issued a release.

23120.  No person shall operate a motor vehicle while wearing
glasses having a temple width of one-half inch or more if any part of
such temple extends below the horizontal center of the lens so as to
interfere with lateral vision.

23123.  (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while driving.
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
   (1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
   (B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
   (2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
   (3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
   (4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
   (5) A tow truck, as defined in Section 615.
   (f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (g) This section does not apply to a person while driving a motor
vehicle on private property.
   (h) This section shall become operative on July 1, 2008, and shall
remain in effect only until July 1, 2011, and, as of July 1, 2011,
is repealed.

23123.  (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while driving.
   (b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
   (e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
   (f) This section does not apply to a person while driving a motor
vehicle on private property.
   (g) This section shall become operative on July 1, 2011.

23123.5.  (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication.
   (b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
   (c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
   (d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.

23124.  (a) This section applies to a person under the age of 18
years.
   (b) Notwithstanding Section 23123, a person described in
subdivision (a) shall not drive a motor vehicle while using a
wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device.
   (c) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
   (d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
   (e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123.
   (f) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
services agency or entity.
   (g) For the purposes of this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging
device.
   (h) This section shall become operative on July 1, 2008.

23125.  (a) A person may not drive a schoolbus or transit vehicle,
as defined in subdivision (g) of Section 99247 of the Public
Utilities Code, while using a wireless telephone.
   (b) This section does not apply to a driver using a wireless
telephone for work-related purposes, or for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
service agency or entity.
   (c) Notwithstanding any other provision of law, a violation of
subdivision (a) does not constitute a serious traffic violation
within the meaning of subdivision (i) of Section 15210.

23127.  No person shall operate an unauthorized motor vehicle on any
state, county, city, private, or district hiking or horseback riding
trail or bicycle path that is clearly marked by an authorized agent
or owner with signs at all entrances and exits and at intervals of
not more than one mile indicating no unauthorized motor vehicles are
permitted on the hiking or horseback riding trail or bicycle path,
except bicycle paths which are contiguous or adjacent to a roadway
dedicated solely to motor vehicle use.
   For the purpose of this section "unauthorized motor vehicle" means
any motor vehicle that is driven upon a hiking or horseback riding
trail or bicycle path without the written permission of an agent or
the owner of the trail or path.
   This section does not apply to the operation of an authorized
emergency or maintenance vehicle on a hiking or horseback riding
trail or bicycle path whenever necessary in furtherance of the
purpose for which the vehicle has been classed as an authorized
emergency vehicle. Any person who violates this section is guilty of
a misdemeanor.

23128.  It is unlawful for any person to operate a snowmobile in the
following manner:
   (a) On a highway except as provided in Section 38025.
   (b) In a careless or negligent manner so as to endanger a person
or property.
   (c) For the purpose of pursuing deer or other game mammal with
intent to harass such animals.
   (d) For the purpose of violating Section 602 of the Penal Code.

23129.  No person shall drive a motor vehicle upon which is mounted
a camper containing any passengers unless there is at least one
unobstructed exit capable of being opened from both the interior and
exterior of such camper.

23135.  It is unlawful for any person to operate upon a highway any
vehicle which was originally manufactured as a motorized bicycle, as
defined in Section 406, and which has been modified in such a manner
that it no longer conforms to the definition of a motorized bicycle.



Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.