2005 California Vehicle Code Sections 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) Any person who drives any vehicle upon a highway in
willful or wanton disregard for the safety of persons or property is
guilty of reckless driving.
   (b) Any person who drives any vehicle in any 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.
23103.5.  (a) When 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 any alcoholic
beverage or ingestion or administration of any 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
any alcoholic beverage or the ingestion or administration of any 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 any alcoholic beverage or the ingestion or
administration of any drugs 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) 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) The Department of Motor Vehicles shall include in its annual
report to the Legislature under Section 1821 an evaluation of the
effectiveness of the program described in subdivision (e) 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 any 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) Any person convicted of reckless driving which proximately
causes great bodily injury, as defined in Section 12022.7 of the
Penal Code, to any person other than the driver, who previously has
been convicted of a violation of Section 23103, 23104, 23109, 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.
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 any motor vehicle exhibition of
speed on a highway, and no person shall 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 (8) 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 is punishable 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 the 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 of a person convicted
under paragraph (1), (2), or (3), to operate a motor vehicle
suspended for a period of six months, as provided in paragraph (9) 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. This subdivision does not interfere
with the court's power to grant probation in a suitable case.
   (g) If the court grants probation to any person punishable under
subdivision (f), in addition to the provisions of 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 (9) 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) Any person who violates subdivision (b), (c), or (d) of this
section shall upon conviction thereof be punished by imprisonment in
a county jail for not more than 90 days or 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 any license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.
   (k) The court may order that any 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.
23109.2.  (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 any 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 that is 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 that were 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) of Section 23109.2.
Notwithstanding this provision, nothing shall prohibit impounding
agencies from making prior payment arrangements to satisfy this
requirement.
   (f) Any period in which 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.
   (g) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.
23109.2.  (a) Whenever a peace officer determines that a person was
engaged in a motor vehicle speed contest, as described in subdivision
(a) of Section 23109, 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 contest in accordance with Chapter
10 (commencing with Section 22650).  A motor vehicle so seized may be
impounded for not more than 30 days.
   (b) The registered and legal owner of a vehicle that is 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 legal owner or registered owner of the vehicle is a
rental car agency.
   (D) 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 (D) 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 a motor vehicle speed contest 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 that were incurred by the
rental car agency in connection with obtaining possession of the
vehicle.
   (4) The owner shall not be liable for any towing and storage
charges related to the impoundment if acquittal or dismissal occurs.
   (5) The vehicle shall 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) of Section 23109.2.
Notwithstanding this provision, nothing shall prohibit impounding
agencies from making prior payment arrangements to satisfy this
requirement.
   (f) Any period in which 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.
   (g) This section shall become operative on January 1, 2007.
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).
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) A vehicle may 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
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 which 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) Any person who provides a location for vehicles to be loaded
with any aggregate material or any 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.
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.
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.


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