2005 California Vehicle Code Sections 26100-26106 Article 16. Equipment Testing

VEHICLE CODE
SECTION 26100-26106

26100.  No person shall sell or offer for sale for use upon or as
part of the equipment of a vehicle, nor shall any person use upon a
vehicle, any lighting equipment, safety glazing material, or other
device that does not meet the provisions of Section 26104.  This
section does not apply to a taillamp or stop lamp in use on or prior
to December 1, 1935.
26101.  No person shall sell or offer for sale for use upon or as
part of the equipment of a vehicle, nor shall any person use upon a
vehicle, any device that is intended to modify the original design or
performance of any lighting equipment, safety glazing material, or
other device, unless the modifying device meets the provisions of
Section 26104.  This section does not apply to a taillamp or stop
lamp in use on or prior to December 1, 1935, or to lamps installed on
authorized emergency vehicles.
26102.  In the event any equipment in actual use meets the
requirements of this code or a department regulation adopted pursuant
to this code, a subsequent regulation shall not require the
replacement of the equipment and shall be applicable only to
equipment installed after the effective date of the regulation.
26103.  (a) The department may adopt and enforce regulations
establishing standards and specifications for lighting equipment
listed in Section 375 and for safety belts, safety glazing material,
safety helmets, sirens, tire traction devices, bunk stakes, and
synthetic binders.  The standards and specifications may include
installation and aiming requirements.
   (b) If there exists a Federal Motor Vehicle Safety Standard
adopted pursuant to the National Traffic and Motor Vehicle Safety Act
of 1966 (15 U.S.C. 1381 et seq.) covering the same aspect of
performance of a device, the provisions of that standard shall
prevail over provisions of this code or regulations adopted pursuant
to this code.  Lamps, devices, and equipment certified by the
manufacturer to meet applicable federal motor vehicle safety
standards as original equipment on new vehicles and the identical
replacements for those items need not be certified to the department.
26104.  (a) Every manufacturer who sells, offers for sale, or
manufactures for use upon a vehicle devices subject to requirements
established by the department shall, before the device is offered for
sale, have laboratory test data showing compliance with such
requirements.  Tests may be conducted by the manufacturer.
   (b) The department may at any time request from the manufacturer a
copy of the test data showing proof of compliance of any device with
the requirements established by the department and additional
evidence that due care was exercised in maintaining compliance during
production.  If the manufacturer fails to provide such proof of
compliance within 30 days of notice from the department, the
department may prohibit the sale of the device in this state until
acceptable proof of compliance is received by the department.
26105.  The department may purchase any equipment sold for use on
vehicles and test or retest the same as to conformance with the
requirements of this code and department regulations adopted pursuant
to this code and any expense incurred in such purchase and test
shall be a legal charge against the Motor Vehicle Fund.
26106.  The department may issue a permit for the use of equipment
for experimental purposes.  The use of such equipment under the
permit is not a violation of this code.


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