2007 California Vehicle Code Chapter 4. Violation Of License Provisions

CA Codes (veh:14600-14611)

VEHICLE CODE

SECTION 14600-14611




14600.  (a) Whenever any person after applying for or receiving a
driver's license moves to a new residence, or acquires a new mailing
address different from the address shown in the application or in the
license as issued, he or she shall within 10 days thereafter notify
the department of both the old and new address.  The department may
issue a document to accompany the driver's license reflecting the new
address of the holder of the license.
   (b) When, pursuant to subdivision (b) of Section 12951, a driver
presents his or her driver's license to a peace officer, he or she
shall, if applicable, also present the document issued pursuant to
subdivision (a) if the driver's license does not reflect the driver's
current residence or mailing address.



14601.  (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103, 23104, or 23105, any reason
listed in subdivision (a) or (c) of Section 12806 authorizing the
department to refuse to issue a license, negligent or incompetent
operation of a motor vehicle as prescribed in subdivision (e) of
Section 12809, or negligent operation as prescribed in Section
12810.5, if the person so driving has knowledge of the suspension or
revocation. Knowledge shall be conclusively presumed if mailed notice
has been given by the department to the person pursuant to Section
13106. The presumption established by this subdivision is a
presumption affecting the burden of proof.
   (b)  A person convicted under this section shall be punished as
follows:
   (1) Upon a first conviction, by imprisonment in a county jail for
not less than five days or more than six months and by a fine of not
less than three hundred dollars (0) or more than one thousand
dollars (,000).
   (2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county
jail for not less than 10 days or more than one year and by a fine of
not less than five hundred dollars (0) or more than two thousand
dollars (,000).
   (c) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in a county jail for at least 10 days.
   (d) Nothing in this section prohibits a person from driving a
motor vehicle, that is owned or utilized by the person's employer,
during the course of employment on private property that is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (c) of Section 12500.
   (e) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
   (f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.


14601.1.  (a) No person shall drive a motor vehicle when his or her
driving privilege is suspended or revoked for any reason other than
those listed in Section 14601, 14601.2, or 14601.5, if the person so
driving has knowledge of the suspension or revocation.  Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106.  The presumption
established by this subdivision is a presumption affecting the
burden of proof.
   (b) Any person convicted under this section shall be punished as
follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars (0) or more than one thousand dollars (,000), or
by both that fine and imprisonment.
   (2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars (0) or more than two
thousand dollars (,000).
   (c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
   (d) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to any other requirements, to install a
certified ignition interlock device on any vehicle that the person
owns or operates for a period not to exceed three years.
   (e) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.



14601.2.  (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153 if the person so
driving has knowledge of the suspension or revocation.
   (b) Except in full compliance with the restriction, no person
shall drive a motor vehicle at any time when that person's driving
privilege is restricted, if the person so driving has knowledge of
the restriction.
   (c) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. Knowledge of
restriction of the driving privilege shall be presumed if notice has
been given by the court to the person. The presumption established by
this subdivision is a presumption affecting the burden of proof.
   (d) A person convicted of a violation of this section shall be
punished as follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars (0) or more than one thousand
dollars (,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
   (2) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars (0) or more than two thousand
dollars (,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23546, subdivision
(b) of Section 23550, or subdivision (d) of Section 23550.5, in which
case the person, in addition, shall be sentenced as provided in
paragraph (3) of subdivision (e) of Section 14601.3.
   (e) If a person is convicted of a first offense under this section
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
   (f) If the offense occurred within five years of a prior offense
that resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
   (g) If a person is convicted of a second or subsequent offense
that results in a conviction of this section within seven years, but
over five years, of a prior offense that resulted in a conviction of
a violation of this section or Section 14601, 14601.1, or 14601.5 and
is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
   (h) Pursuant to Section 23575, the court shall require a person
convicted of a violation of this section to install a certified
ignition interlock device on a vehicle the person owns or operates.
Upon receipt of the abstract of a conviction under this section, the
department shall not reinstate the privilege to operate a motor
vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.
   (i) Nothing in this section prohibits a person who is
participating in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle that is owned or utilized by
the person's employer, during the course of employment on private
property that is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (c) of Section
12500.
   (j) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.



14601.3.  (a) It is unlawful for a person whose driving privilege
has been suspended or revoked to accumulate a driving record history
which results from driving during the period of suspension or
revocation.  A person who violates this subdivision is designated an
habitual traffic offender.
   For purposes of this section, a driving record history means any
of the following, if the driving occurred during any period of
suspension or revocation:
   (1) Two or more convictions within a 12-month period of an offense
given a violation point count of two pursuant to Section 12810.
   (2) Three or more convictions within a 12-month period of an
offense given a violation point count of one pursuant to Section
12810.
   (3) Three or more accidents within a 12-month period that are
subject to the reporting requirements of Section 16000.
   (4) Any combination of convictions or accidents, as specified in
paragraphs (1) to (3), inclusive, which results during any 12-month
period in a violation point count of three or more pursuant to
Section 12810.
   (b) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106.  The
presumption established by this subdivision is a presumption
affecting the burden of proof.
   (c) The department, within 30 days of receipt of a duly certified
abstract of the record of any court or accident report which results
in a person being designated an habitual traffic offender, may
execute and transmit by mail a notice of that designation to the
office of the district attorney having jurisdiction over the location
of the person's last known address as contained in the department's
records.
   (d) (1) The district attorney, within 30 days of receiving the
notice required in subdivision (c), shall inform the department of
whether or not the person will be prosecuted for being an habitual
traffic offender.
   (2) Notwithstanding any other provision of this section, any
habitual traffic offender designated under subdivision (b) of Section
23546, subdivision (b) of Section 23550, or subdivision (b) of
Section 23550.5, who is convicted of violating Section 14601.2 shall
be sentenced as provided in paragraph (3) of subdivision (e).
   (e) Any person convicted under this section of being an habitual
traffic offender shall be punished as follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for 30 days and by a fine of one thousand dollars (,000).
   (2) Upon a second or any subsequent offense within seven years of
a prior conviction under this section, by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars (,000).
   (3) Any habitual traffic offender designated under Section 193.7
of the Penal Code or under subdivision (b) of Section 23546,
subdivision (b) of Section 23550, subdivision (b) of Section 23550.5,
or subdivision (d) of Section 23566 who is convicted of a violation
of Section 14601.2 shall be punished by imprisonment in the county
jail for 180 days and by a fine of two thousand dollars (,000).
The penalty in this paragraph shall be consecutive to that imposed
for the violation of any other law.
   (f) This section also applies to the operation of an off-highway
motor vehicle on those lands to which the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.



14601.4.  (a) It is unlawful for a person, while driving a vehicle
with a license suspended or revoked pursuant to Section 14601.2 to do
an act forbidden by law or neglect a duty imposed by law in the
driving of the vehicle, which act or neglect proximately causes
bodily injury to a person other than the driver. In proving the
person neglected a duty imposed by law in the driving of the vehicle,
it is not necessary to prove that a specific section of this code
was violated.
   (b) A person convicted under this section shall be imprisoned in
the county jail and shall not be released upon work release,
community service, or other release program before the minimum period
of imprisonment, prescribed in Section 14601.2, is served. If a
person is convicted of that offense and is granted probation, the
court shall require that the person convicted serve at least the
minimum time of imprisonment, as specified in those sections, as a
term or condition of probation.
   (c) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it should be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
   (d) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
   (e) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.



14601.5.  (a) A person may not drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked pursuant
to Section 13353, 13353.1, or 13353.2 and that person has knowledge
of the suspension or revocation.
   (b) Except in full compliance with the restriction, a person may
not drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Section 13353.7 or 13353.8 and
that person has knowledge of the restriction.
   (c) Knowledge of suspension, revocation, or restriction of the
driving privilege shall be conclusively presumed if notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
   (d) A person convicted of a violation of this section is
punishable, as follows:
   (1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars (0) or more than one thousand dollars (,000), or
by both that fine and imprisonment.
   (2) If the offense occurred within five years of a prior offense
that resulted in a conviction for a violation of this section or
Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the
county jail for not less than 10 days or more than one year, and by a
fine of not less than five hundred dollars (0) or more than two
thousand dollars (,000).
   (e) In imposing the minimum fine required by subdivision (d), the
court shall take into consideration the defendant's ability to pay
the fine and may, in the interest of justice, and for reasons stated
in the record, reduce the amount of that minimum fine to less than
the amount otherwise imposed.
   (f) This section does not prohibit a person who is participating
in, or has completed, an alcohol or drug rehabilitation program from
driving a motor vehicle, that is owned or utilized by the person's
employer, during the course of employment on private property that is
owned or utilized by the employer, except an offstreet parking
facility as defined in subdivision (d) of Section 12500.
   (g) When the prosecution agrees to a plea of guilty or nolo
contendere to a charge of a violation of this section in satisfaction
of, or as a substitute for, an original charge of a violation of
Section 14601.2, and the court accepts that plea, except, in the
interest of justice, when the court finds it would be inappropriate,
the court shall, pursuant to Section 23575, require the person
convicted, in addition to other requirements, to install a certified
ignition interlock device on a vehicle that the person owns or
operates for a period not to exceed three years.
   (h) This section also applies to the operation of an off-highway
motor vehicle on those lands that the Chappie-Z'berg Off-Highway
Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section
38000)) applies as to off-highway motor vehicles, as described in
Section 38001.
   (i) Upon receipt of the abstract of a conviction under this
section, the department shall not reinstate the privilege to operate
a motor vehicle until the department receives proof of either the
"Verification of Installation" form as described in paragraph (2) of
subdivision (g) of Section 13386 or the Judicial Council Form I.D.
100.



14601.8.  The judge may, in his or her discretion, allow any person
convicted of a violation of Section 14601 or 14601.1 to serve his or
her sentence on a sufficient number of consecutive weekend days to
complete the sentence.


14602.1.  (a) Every state and local law enforcement agency,
including, but not limited to, city police departments and county
sheriffs' offices, shall report to the Department of the California
Highway Patrol, on a paper or electronic form developed and approved
by the Department of the California Highway Patrol, all motor vehicle
pursuit data.
   (b) Effective January 1, 2006, the form shall require the
reporting of all motor vehicle pursuit data, which shall include, but
not be limited to, all of the following:
   (1) Whether any person involved in a pursuit or a subsequent
arrest was injured, specifying the nature of that injury. For all
purposes of this section, the form shall differentiate between the
suspect driver, a suspect passenger, and the peace officers involved.

   (2) The violations that caused the pursuit to be initiated.
   (3) The identity of the peace officers involved in the pursuit.
   (4) The means or methods used to stop the suspect being pursued.
   (5) All charges filed with the court by the district attorney.
   (6) The conditions of the pursuit, including, but not limited to,
all of the following:
   (A) Duration.
   (B) Mileage.
   (C) Number of peace officers involved.
   (D) Maximum number of law enforcement vehicles involved.
   (E) Time of day.
   (F) Weather conditions.
   (G) Maximum speeds.
   (7) Whether a pursuit resulted in a collision, and a resulting
injury or fatality to an uninvolved third party, and the
corresponding number of persons involved.
   (8) Whether the pursuit involved multiple law enforcement
agencies.
   (9) How the pursuit was terminated.
   (c) In order to minimize costs, the department, upon updating the
form, shall update the corresponding database to include all of the
reporting requirements specified in subdivision (b).
   (d) All motor vehicle pursuit data obtained pursuant to
subdivision (b) shall be submitted to the Department of the
California Highway Patrol no later than 30 days following a motor
vehicle pursuit.
   (e) The Department of the California Highway Patrol shall submit
annually to the Legislature a report that includes, but is not
limited to, the following information:
   (1) The number of motor vehicle pursuits reported to the
Department of the California Highway Patrol during that year.
   (2) The number of those motor vehicle pursuits that reportedly
resulted in a collision in which an injury or fatality to an
uninvolved third party occurred.
   (3) The total number of uninvolved third parties who were injured
or killed as a result of those collisions during that year.




14602.5.  (a) Whenever a person is convicted for driving any class
M1 or M2 motor vehicle, while his or her driving privilege has been
suspended or revoked, of which vehicle he or she is the owner, or of
which the owner permitted the operation, knowing the person's driving
  privilege was suspended or revoked, the court may, at the time
sentence is imposed on the person, order the motor vehicle impounded
in any manner as the court may determine, for a period not to exceed
six months for a first conviction, and not to exceed 12 months for a
second or subsequent conviction.  For the purposes of this section, a
"second or subsequent conviction" includes a conviction for any
offense described in this section.  The cost of keeping the vehicle
shall be 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.
   (b) Notwithstanding subdivision (a), any motor vehicle impounded
pursuant to this section which is subject to a chattel mortgage,
conditional sale contract, or lease contract shall, upon the filing
of an affidavit by the legal owner that  the chattel mortgage,
conditional sale contract, or lease contract is in default, be
released by the court to the legal owner, and shall be delivered to
him or her upon payment of the accrued cost of keeping the motor
vehicle.



14602.6.  (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
   (2) 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 the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
   (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,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
   (c) 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 (a) of Section 14602.5.
   (d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
   (C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
   (D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
   (E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
   (2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
   (e) 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.
   (f) 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 30 days' 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 seizure of the vehicle. 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.
   (3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code, and any one of the following: a
certificate of repossession for the vehicle, a security agreement for
the vehicle, or title showing proof of legal ownership for the
vehicle. Any documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies shall not require any documents 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 acting on behalf of those
agencies that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
   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 or 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 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 any person acting on behalf of those
agencies shall not require any documents to be notarized.
   (g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the 30-day impoundment period.

   (2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner 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 shall make
every reasonable effort to ensure that the license presented is
valid.
   (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 any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
   (h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
   (2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
   (3) 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 custody of the vehicle.
   (i) 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, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (j) The law enforcement agency and the impounding agency,
including any tow yard acting on behalf of the law enforcement agency
or impounding agency, 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.


14602.7.  (a) 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, was an instrumentality
used in the peace officer's presence in violation of Section 2800.1,
2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing
any peace officer to immediately seize and cause the removal of the
vehicle. The warrant or court order may be entered into a
computerized database. A vehicle so impounded may be impounded for a
period not to exceed 30 days.
   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 the 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.
   (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 is subject to bailment and is driven by an
unlicensed employee of the business establishment, including a
parking service or repair garage.
   (C) When the registered owner of the vehicle causes a peace
officer to reasonably believe, based on the totality of the
circumstances, that the registered owner was not the driver who
violated Section 2800.1, 2800.2, or 2800.3, the agency shall
immediately release the vehicle to the registered owner or his or her
agent.
   (2) No vehicle shall be released pursuant to this subdivision,
except upon presentation of the registered owner's or agent's
currently valid driver's 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.
The magistrate may also consider releasing the vehicle when the
continued impoundment will cause undue hardship to persons dependent
upon the vehicle for employment or to a person with a community
property interest in the vehicle.
   (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 financial interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. 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.
   (3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (b) of Section 7500.1 of
the Business and Professions Code, and any one of the following: a
certificate of repossession for the vehicle, a security agreement for
the vehicle, or title showing proof of legal ownership for the
vehicle. Any documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies shall not require any documents 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 acting on behalf of those
agencies that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
   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 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 any person acting on behalf of those
agencies shall not require any documents to be notarized.
   (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 any agents of
the registered owner, unless a registered owner is a rental car
agency, 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 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
shall make every reasonable effort to ensure that the license
presented is valid.
   (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.
   (g) (1) A vehicle impounded and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
   (2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver who used the vehicle that was seized to evade a
police officer until 30 days after the date that the vehicle was
seized.
   (3) The rental car agency may require the person to whom the
vehicle was rented and who evaded the peace officer 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
custody of the vehicle.
   (h) 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.
   (i) (1) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
   (2) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of three hundred dollars (0) or less.
   (j) The law enforcement agency and the impounding agency,
including any tow yard acting on behalf of the law enforcement agency
or impounding agency, 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.


14602.8.  (a) (1) If a peace officer determines that a person has
been convicted of a violation of Section 23140, 23152, or 23153, that
the violation occurred within the preceding 10 years, and that one
or more of the following circumstances applies to that person, the
officer may immediately cause the removal and seizure of the vehicle
that the person was driving, under either of the following
circumstances:
   (A) The person was driving a vehicle when the person had 0.10
percent or more, by weight, of alcohol in his or her blood.
   (B) The person driving the vehicle refused to submit to or
complete a chemical test requested by the peace officer.
   (2) A vehicle impounded pursuant to paragraph (1) shall be
impounded for the following period of time:
   (A) Five days, if the person has been convicted once of violating
Section 23140, 23152, or 23153, and the violation occurred within the
preceding 10 years.
   (B) Fifteen days, if the person has been convicted two or more
times of violating Section 23140, 23152, or 23153, or any combination
thereof, and the violations occurred within the preceding 10 years.

   (3) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than five
days' impoundment when the legal owner redeems the impounded
vehicle. The impounding agency shall maintain a published telephone
number that provides information 24 hours a day regarding the
impoundment of vehicles and the rights of a registered owner to
request a hearing.
   (b) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
   (c) Any period during 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 Section 23594.
   (d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
   (C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period.
   (2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
   (e) 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.
   (f) 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 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 who is not the
registered owner and holds 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 seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
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.
   (3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency 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 impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
   (B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not 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. A city, county,
city or county, or state agency shall not 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 impounding agency shall not require any documents other
than those specified in this paragraph. The impounding agency shall
not require any documents to be notarized.
   (C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
   (g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after 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 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
shall make every reasonable effort to ensure that the license
presented is valid.
   (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 any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
   (h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
   (2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency shall not rent another
vehicle to the driver of the vehicle that was seized until the
impoundment period has expired.
   (3) 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 custody of the vehicle.
   (i) 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, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (j) The impounding agency is not 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 this section.



14603.  No person shall operate a vehicle in violation of the
provisions of a restricted license issued to him.



14604.  (a) No owner of a motor vehicle may knowingly allow another
person to drive the vehicle upon a highway unless the owner
determines that the person possesses a valid driver's license that
authorizes the person to operate the vehicle.  For the purposes of
this section, an owner is required only to make a reasonable effort
or inquiry to determine whether the prospective driver possesses a
valid driver's license before allowing him or her to operate the
owner's vehicle.  An owner is not required to inquire of the
department whether the prospective driver possesses a valid driver's
license.
   (b) A rental company is deemed to be in compliance with
subdivision (a) if the company rents the vehicle in accordance with
Sections 14608 and 14609.



14605.  (a) No person who owns or is in control of a motor vehicle
shall cause or permit another person to operate the vehicle within or
upon an offstreet parking facility if the person has knowledge that
the driver does not have a driver's license of the appropriate class
or certification to operate the vehicle.
   (b) No operator of an offstreet parking facility shall hire or
retain in his employment an attendant whose duties involve the
operating of motor vehicles unless such attendant, at all times
during such employment, is licensed as a driver under the provisions
of this code.
   (c) As used in this section, "offstreet parking facility" means
any offstreet facility held open for use by the public for parking
vehicles and includes all publicly owned facilities for offstreet
parking, and privately owned facilities for offstreet parking where
no fee is charged for the privilege to park and which are held open
for the common public use of retail customers.



14606.  (a) No person shall employ or hire any person to drive a
motor vehicle nor shall he knowingly permit or authorize the driving
of a motor vehicle, owned by him or her or under his or her control,
upon the highways by any person unless the person is then licensed
for the appropriate class of vehicle to be driven.
   (b) Whenever any person employs or hires any person, including a
subhauler, to drive a class A or class B vehicle, the employer shall
ascertain that  the person has in his or her possession a medical
certificate as provided in subdivision (c) of Section 12804.9 which
has been issued within two years prior to the date of the person's
employment or hiring.  Whenever the person fails to qualify for a
medical certificate on reexamination, the employer shall report that
failure to the department.



14607.  No person shall cause or knowingly permit his child, ward,
or employee under the age of 18 years to drive a motor vehicle upon
the highways unless such child, ward, or employee is then licensed
under this code.


14607.4.  The Legislature finds and declares all of the following:
   (a) Driving a motor vehicle on the public streets and highways is
a privilege, not a right.
   (b) Of all drivers involved in fatal accidents, more than 20
percent are not licensed to drive.  A driver with a suspended license
is four times as likely to be involved in a fatal accident as a
properly licensed driver.
   (c) At any given time, it is estimated by the Department of Motor
Vehicles that of some 20 million driver's licenses issued to
Californians, 720,000 are suspended or revoked.  Furthermore,
1,000,000 persons are estimated to be driving without ever having
been licensed at all.
   (d) Over 4,000 persons are killed in traffic accidents in
California annually, and another 330,000 persons suffer injuries.
   (e) Californians who comply with the law are frequently victims of
traffic accidents caused by unlicensed drivers.  These innocent
victims suffer considerable pain and property loss at the hands of
people who flaunt the law.  The Department of Motor Vehicles
estimates that 75 percent of all drivers whose driving privilege has
been withdrawn continue to drive regardless of the law.
   (f) It is necessary and appropriate to take additional steps to
prevent unlicensed drivers from driving, including the civil
forfeiture of vehicles used by unlicensed drivers.  The state has a
critical interest in enforcing its traffic laws and in keeping
unlicensed drivers from illegally driving.  Seizing the vehicles used
by unlicensed drivers serves a significant governmental and public
interest, namely the protection of the health, safety, and welfare of
Californians from the harm of unlicensed drivers, who are involved
in a disproportionate number of traffic incidents, and the avoidance
of the associated destruction and damage to lives and property.
   (g) The Safe Streets Act of 1994 is consistent with the due
process requirements of the United States Constitution and the
holding of the Supreme Court of the United States in Calero-Toledo v.
Pearson Yacht Leasing Co., 40 L. Ed. 2d 452.



14607.6.  (a) Notwithstanding any other provision of law, and except
as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation
of subdivision (a) of Section 12500 or Section 14601, 14601.1,
14601.2, 14601.3, 14601.4, or 14601.5.
   (b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
   (c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
   (2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.

   (3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the vehicle,
or an agent of the owner, relinquished possession of the vehicle to
the business establishment solely for servicing or parking of the
vehicle or other reasonably similar situations, and where the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to
or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
   (4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
   (5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
   (d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
   (2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
   (A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
   (B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
   (C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
   (D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
   (3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
   (4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
   (5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
   (e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
   (2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner within
two working days, the impounding agency shall not charge the legal
owner for more than 15-days' impoundment when the legal owner redeems
the impounded vehicle.
   (3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are filed
and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle.  A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
   (4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile or superior court within 10 days of the receipt of the
claim. The district attorney shall establish an expedited hearing
date in accordance with instructions from the court, and the court
shall hear the matter without delay. The court filing fee of one
hundred dollars (0) shall be paid by the claimant, but shall be
reimbursed by the impounding agency if the claimant prevails. To the
extent practicable, the civil and criminal cases shall be heard at
the same time in an expedited, consolidated proceeding. A proceeding
in the civil case is a limited civil case.
   (5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence.  All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action. A judgment of
forfeiture does not require as a condition precedent the conviction
of a defendant of an offense which made the vehicle subject to
forfeiture. The filing of a claim within the time limits specified in
paragraph (3) is considered a jurisdictional prerequisite for the
availing of the action authorized by that paragraph.
   (6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
   (7) The filing fee in paragraph (4) shall be distributed as
follows:
   (A) To the county law library fund as provided in Section 6320 of
the Business and Professions Code, the amount specified in Sections
6321 and 6322.1 of the Business and Professions Code.
   (B) To the Trial Court Trust Fund, the remainder of the fee.
   (f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
   (g) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed financial
institution legally operating in this state, or the agent of that
legal owner, may take possession and conduct the sale of the
forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15
days of the mailing of the notice pursuant to subdivision (e). Sale
of the vehicle after forfeiture pursuant to this subdivision may be
conducted at the time, in the manner, and on the notice usually given
for the sale of repossessed or surrendered vehicles. The proceeds of
any sale conducted by or on behalf of the legal owner shall be
disposed of as provided in subdivision (i). A notice pursuant to this
subdivision may be presented in person, by certified mail, by
facsimile transmission, or by electronic mail.
   (h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
   (i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
   (1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
   (2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
   (3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
   (4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received before distribution of
the proceeds is completed.
   (5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
   (6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred.  A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
   (j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
   (k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
   (l) No vehicle shall be sold pursuant to this section if the
impounding agency determines the vehicle to have been stolen. In this
event, the vehicle may be claimed by the registered owner at any
time after impoundment, providing the vehicle registration is current
and the registered owner has no outstanding traffic violations or
parking penalties on his or her driving record or on the registration
record of any vehicle registered to the person. If the identity of
the legal and registered owners of the vehicle cannot be reasonably
ascertained, the vehicle may be sold.
   (m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
   (n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
   (2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.

   (3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
   (o) As used in this section, "days" means workdays not including
weekends and holidays.
   (p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
   (q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
   (r) The impounding agency may act as the agent of the state in
carrying out this section.
   (s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
   (t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
   (u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
   (v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.



14607.8.  Upon a first misdemeanor conviction of a violation of
subdivision (a) of Section 12500 or Section 14601, 14601.1, 14601.2,
14601.3, 14601.4, or 14601.5, the court shall inform the defendant
that, pursuant to Section 14607.6, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle and has a previous
misdemeanor conviction for a violation of subdivision (a) of Section
12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4, or
14601.5.


14608.  No person shall rent a motor vehicle to another unless:
   (a) The person to whom the vehicle is rented is licensed under
this code or is a nonresident who is licensed under the laws of the
state or country of his or her residence.
   (b) The person renting to another person has inspected the driver'
s license of the person to whom the vehicle is to be rented and
compared the signature thereon with the signature of that person
written in his or her presence.
   (c) Nothing in this section prohibits a blind or disabled person
who is a nondriver from renting a motor vehicle, if both of the
following conditions exist at the time of rental:
   (1) The blind or disabled person either holds an identification
card issued pursuant to this code or is not a resident of this state.

   (2) The blind or disabled person has a driver present who is
either licensed to drive a vehicle pursuant to this code or is a
nonresident licensed to drive a vehicle pursuant to the laws of the
state or country of the driver's residence.




14609.  (a) Every person renting a motor vehicle to another person
shall keep a record of the registration number of the motor vehicle
rented, the name and address of the person to whom the vehicle is
rented, his or her driver's license number, the jurisdiction that
issued the driver's license, and the expiration date of the driver's
license.
   (b) If the person renting the vehicle is a nondriver pursuant to
subdivision (c) of Section 14608, the record maintained pursuant to
this section shall include the name and address of the person renting
the vehicle and, if applicable, his or her identification card
number, the jurisdiction that issued the identification card, and the
expiration date of the identification card.  The record shall also
include the name and address of the licensed driver, his or her
driver's license number, and the expiration date of his or her driver'
s license.



14610.  (a) It is unlawful for any person:
   (1) To display or cause or permit to be displayed or have in his
possession any canceled, revoked, suspended, fictitious, fraudulently
altered, or fraudulently obtained driver's license.
   (2) To lend his driver's license to any other person or knowingly
permit the use thereof by another.
   (3) To display or represent any driver's license not issued to him
as being his license.
   (4) To fail or refuse to surrender to the department upon its
lawful demand any driver's license which has been suspended, revoked
or canceled.
   (5) To permit any unlawful use of a driver's license issued to
him.
   (6) To do any act forbidden or fail to perform any act required by
this division.
   (7) To photograph, photostat, duplicate, or in any way reproduce
any driver's license or facsimile thereof in such a manner that it
could be mistaken for a valid license, or to display or have in his
possession any such photograph, photostat, duplicate, reproduction,
or facsimile unless authorized by the provisions of this code.
   (8) To alter any driver's license in any manner not authorized by
this code.
   (b) For purposes of this section, "driver's license" includes a
temporary permit to operate a motor vehicle.


14610.1.  (a) No person shall manufacture or sell an identification
document of a size and form substantially similar to the drivers'
licenses issued by the department.
   (b) A violation of this section is a misdemeanor punishable by a
fine of one thousand dollars (,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.


14610.5.  (a) It is unlawful for any person to do any of the
following:
   (1) Sell, offer for sale, distribute, or use any crib sheet or
cribbing device that contains the answers to any examination
administered by the department for any class of driver's license,
permit, or certificate.
   (2) Impersonate or allow the impersonation of an applicant for any
class of driver's license, permit, or certificate for the purpose of
fraudulently qualifying the applicant for any class of driver's
license, permit, or certificate.
   (b) A first conviction under this section is punishable as either
an infraction or a misdemeanor ; a second or subsequent conviction is
punishable as a misdemeanor.



14610.7.  It is a misdemeanor for any person to knowingly assist in
obtaining a driver's license or identification card for any person
whose presence in the United States is not authorized under federal
law.


14611.  No person shall knowingly direct the operation of a vehicle
transporting  fissile class III shipments or large quantity
radioactive materials, as defined in Section 173.389 of Title 49 of
the Code of Federal Regulations, by an individual who does not
possess a license of the appropriate class with a radioactive
materials driver's certificate authorizing that transportation
attached to the license.
   A person convicted under this section shall be punished by a fine
of not less than five thousand dollars (,000) nor more than ten
thousand dollars (,000).

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