2007 California Vehicle Code Article 1. Lawful Orders And Inspections

CA Codes (veh:2800-2818)

VEHICLE CODE

SECTION 2800-2818




2800.  (a) It is unlawful to willfully fail or refuse to comply with
a lawful order, signal, or direction of a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, when that peace officer is in uniform and is
performing duties pursuant to any of the provisions of this code, or
to refuse to submit to a lawful inspection pursuant to this code.
   (b) Except as authorized pursuant to Section 24004, it is unlawful
to fail or refuse to comply with a lawful out-of-service order
issued by an authorized employee of the Department of the California
Highway Patrol or by a uniformed peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, when that peace officer or authorized employee is performing
duties pursuant to any provision of this code and the out-of-service
order complies with Section 395.13 or 396.9 of Title 49 of the Code
of Federal Regulations.
   (c) It is unlawful to fail or refuse to comply with a lawful
out-of-service order issued by the United States Secretary of the
Department of Transportation.
   (d) It is unlawful to fail or refuse to comply with a lawful
out-of-service order issued by a peace officer or commercial vehicle
inspector, of any state, any Province of Canada, or the Federal
Government of the United States, Canada, or Mexico, when that peace
officer or commercial vehicle inspector is in uniform and is
performing duties under any provisions of state, provincial, federal,
or Mexican law and the out-of-service order complies with Section
395.13 or 396.9 of Title 49 of the Code of Federal Regulations.



2800.1.  (a) Any person who, while operating a motor vehicle and
with the intent to evade, willfully flees or otherwise attempts to
elude a pursuing peace officer's motor vehicle, is guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than one year if all of the following conditions exist:
   (1) The peace officer's motor vehicle is exhibiting at least one
lighted red lamp visible from the front and the person either sees or
reasonably should have seen the lamp.
   (2) The peace officer's motor vehicle is sounding a siren as may
be reasonably necessary.
   (3) The peace officer's motor vehicle is distinctively marked.
   (4) The peace officer's motor vehicle is operated by a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, and that peace officer is
wearing a distinctive uniform.
   (b) Any person who, while operating a motor vehicle and with the
intent to evade, willfully flees or otherwise attempts to elude a
pursuing peace officer's bicycle, is guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
year if the following conditions exist:
   (1) The peace officer's bicycle is distinctively marked.
   (2) The peace officer's bicycle is operated by a peace officer, as
defined in paragraph (4) of subdivision (a), and that peace officer
is wearing a distinctive uniform.
   (3) The peace officer gives a verbal command to stop.
   (4) The peace officer sounds a horn that produces a sound of at
least 115 decibels.
   (5) The peace officer gives a hand signal commanding the person to
stop.
   (6) The person is aware or reasonably should have been aware of
the verbal command, horn, and hand signal, but refuses to comply with
the command to stop.


2800.2.  (a) If a person flees or attempts to elude a pursuing peace
officer in violation of Section 2800.1 and the pursued vehicle is
driven in a willful or wanton disregard for the safety of persons or
property, the person driving the vehicle, upon conviction, shall be
punished by imprisonment in the state prison, or by confinement in
the county jail for not less than six months nor more than one year.
The court may also impose a fine of not less than one thousand
dollars (,000) nor more than ten thousand dollars (,000), or may
impose both that imprisonment or confinement and fine.
   (b) For purposes of this section, a willful or wanton disregard
for the safety of persons or property includes, but is not limited
to, driving while fleeing or attempting to elude a pursuing peace
officer during which time either three or more violations that are
assigned a traffic violation point count under Section 12810 occur,
or damage to property occurs.



2800.3.  (a) Whenever willful flight or attempt to elude a pursuing
peace officer in violation of Section 2800.1 proximately causes
serious bodily injury to any person, the person driving the pursued
vehicle, upon conviction, shall be punished by imprisonment in the
state prison for three, five, or seven years, by imprisonment in a
county jail for not more than one year, or by a fine of not less than
two thousand dollars (,000) nor more than ten thousand dollars
(,000), or by both that fine and imprisonment.
   (b) Whenever willful flight or attempt to elude a pursuing peace
officer in violation of Section 2800.1 proximately causes death to a
person, the person driving the pursued vehicle, upon conviction,
shall be punished by imprisonment in the state prison for a term of
4, 6, or 10 years.
   (c) Nothing in this section shall preclude the imposition of a
greater sentence pursuant to Section 190 of the Penal Code or any
other provisions of law applicable to punishment for an unlawful
death.
   (d) For the purposes of this section, "serious bodily injury" has
the same meaning as defined in paragraph (4) of subdivision (f) of
Section 243 of the Penal Code.


2800.4.  Whenever a person willfully flees or attempts to elude a
pursuing peace officer in violation of Section 2800.1, and the person
operating the pursued vehicle willfully drives that vehicle on a
highway in a direction opposite to that in which the traffic lawfully
moves upon that highway, the person upon conviction is punishable by
imprisonment for not less than six months nor more than one year in
a county jail or by imprisonment in the state prison, or by a fine of
not less than one thousand dollars (,000) nor more than ten
thousand dollars (,000), or by both that fine and imprisonment.



2801.  It is unlawful to wilfully fail or refuse to comply with any
lawful order, signal, or direction of any member of any fire
department, paid, volunteer, or company operated, when wearing the
badge or insignia of a fireman and when in the course of his duties
he is protecting the personnel and fire department equipment.




2802.  (a) Any traffic officer having reason to believe that a
vehicle is not safely loaded or that the height, width, length, or
weight of a vehicle and load is unlawful may require the driver to
stop and submit to an inspection, measurement, or weighing of the
vehicle.  The weighing may be done either by means of portable or
stationary scales and the officer may require that the vehicle be
driven to the nearest scale facility, in the event the scales are
within five road miles.
   (b) Selected inspection facilities and platform scales operated by
the Department of the California Highway Patrol may, at the
discretion of the commissioner, be open for extended hours, up to and
including 24 hours every day.  The primary purpose of the extended
hours is to assist in the detection of overweight vehicles.  These
inspection facilities and platform scales shall be located near
primary border route points of entry into the state and key routes
within the state.
   (c) An amount not to exceed one million dollars (,000,000) shall
be available annually from the Motor Vehicle Account in the State
Transportation Fund, upon appropriation by the Legislature, for the
expanded operation of the scale facilities, as specified in
subdivision (b).  It is the intent of the Legislature that the funds
made available pursuant to this subdivision shall be the only funds
available for purposes of this section.



2803.  (a) If the traffic officer determines that the vehicle is not
safely loaded or that the height, width, length, or weight is
unlawful, he may require the driver to stop in a suitable place and
reload or remove such portion of the load as may be necessary to
render the load safe or to reduce it to the limits permitted under
this code.  A suitable place is an area which allows the least
obstruction to the highway and which requires the least travel on the
highway by the vehicle.  Determination of the suitability of an area
shall be made by the traffic officer who requires the adjustment.
All material so unloaded shall be cared for by the owner or operator
of the vehicle at the risk of the owner or operator.
   (b) If a certified weight certificate or bill of lading
accompanies a vehicle which has been determined to be overweight due
to the load on the vehicle, the driver shall submit the certified
weight certificate or bill of lading, whichever is appropriate, to
the traffic officer when the overweight load is removed in the
presence of the officer.  The officer may note on the certified
weight certificate or bill of lading submitted by the driver the fact
that a portion of the load has been removed to bring the vehicle and
load within the allowable weight limit specified in this code, and
the officer shall return the certificate or bill of lading to the
driver.
   (c) If the height, width, or length of the vehicle is unlawful,
irrespective of any load thereon, or if an unladen vehicle is
overweight, the traffic officer may prohibit further movement of the
vehicle until a permit is obtained as provided in Section 35780.



2804.  A member of the California Highway Patrol upon reasonable
belief that any vehicle is being operated in violation of any
provisions of this code or is in such unsafe condition as to endanger
any person, may require the driver of the vehicle to stop and submit
to an inspection of the vehicle, and its equipment, license plates,
and registration card.



2805.  (a) For the purpose of locating stolen vehicles, (1) any
member of the California Highway Patrol, or (2) a member of a city
police department, a member of a county sheriff's office, or a
district attorney investigator, whose primary responsibility is to
conduct vehicle theft investigations, may inspect any vehicle of a
type required to be registered under this code, or any identifiable
vehicle component thereof, on a highway or in any public garage,
repair shop, terminal, parking lot, new or used car lot, automobile
dismantler's lot, vehicle shredding facility, vehicle leasing or
rental lot, vehicle equipment rental yard, vehicle salvage pool, or
other similar establishment, or any agricultural or construction work
location where work is being actively performed, and may inspect the
title or registration of vehicles, in order to establish the
rightful ownership or possession of the vehicle or identifiable
vehicle component.
   As used in this subdivision, "identifiable vehicle component"
means any component which can be distinguished from other similar
components by a serial number or other unique distinguishing number,
sign, or symbol.
   (b) A member of the California Highway Patrol, a member of a city
police department or county sheriff's office, or a district attorney
investigator whose primary responsibility is to conduct vehicle theft
investigations, may also inspect, for the purposes specified in
subdivision (a), implements of husbandry, special construction
equipment, forklifts, and special mobile equipment in the places
described in subdivision (a) or when that vehicle is incidentally
operated or transported upon a highway.
   (c) Whenever possible, inspections conducted pursuant to
subdivision (a) or (b) shall be conducted at a time and in a manner
so as to minimize any interference with, or delay of, business
operations.



2806.  Any regularly employed and salaried police officer or deputy
sheriff, or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code, having reasonable cause to
believe that any vehicle or combination of vehicles is not equipped
as required by this code or is in any unsafe condition as to endanger
any person, may require the driver to stop and submit the vehicle or
combination of vehicles to an inspection and those tests as may be
appropriate to determine the safety to persons and compliance with
the code.


2807.  (a) The California Highway Patrol shall inspect every
schoolbus at least once each school year to ascertain whether its
construction, design, equipment, and color comply with all provisions
of law.
   (b) No person shall drive any schoolbus unless there is displayed
therein a certificate issued by the California Highway Patrol stating
that on a certain date, which shall be within 13 months of the date
of operation, an authorized employee of the California Highway Patrol
inspected the bus and found that on the date of inspection the bus
complied with the applicable provisions of state law relating to
construction, design, equipment, and color.  The Commissioner of the
California Highway Patrol shall provide by rule or regulation for the
issuance and display of distinctive inspection certificates.




2807.1.  (a) The Department of the California Highway Patrol shall
inspect and certify every school pupil activity bus specified in
Section 546 at least once each year to ascertain whether its
condition complies with all provisions of the law.
   (b) No person shall drive any motor vehicle specified in
subdivision (a) unless there is displayed therein a certificate
issued by the Department of the California Highway Patrol stating
that on a certain date, which shall be within 13 months of the date
of operation, an authorized employee of the Department of the
California Highway Patrol inspected such motor vehicle and found that
on the date of inspection such motor vehicle complied with the
applicable provisions of the state law.  The Commissioner of the
California Highway Patrol shall provide by rule or regulation for the
issuance and display of distinctive inspection certificates.




2807.2.  The Department of the California Highway Patrol shall, by
regulation, provide for a preventive maintenance inspection guide for
use by operators of tour buses, motor vehicles specified in Sections
2807  and 2807.1, and vehicles described in subdivisions (a), (b),
(d), (e), (f), and (g) of Section 34500.  The regulations shall
provide that the record of inspection shall be signed by the person
making the inspection, and the record of the inspections shall be
retained on file by the operator for review and inspection by the
Department of the California  Highway Patrol.



2807.3.  (a) The Department of the California Highway Patrol shall
inspect and certify every youth bus at least once each school year to
ascertain whether its condition complies with all provisions of law.

   (b) No person shall drive any youth bus unless there is displayed
therein a certificate issued by the Department of the California
Highway Patrol stating that on a certain date, which shall be within
13 months of the date of operation, an authorized employee of the
Department of the California Highway Patrol inspected the youth bus
and found that on the date of inspection the youth bus complied  with
the applicable provisions of state law.  The Commissioner of the
California Highway Patrol shall provide, by rule or regulation, for
the issuance and display of distinctive inspection certificates.
   (c) The Commissioner of the California Highway Patrol may
determine the fee and method of collection for the annual inspection
of youth buses.  The fee, established by regulation, shall be
sufficient to cover the cost to the department for youth bus
inspections and testing of drivers pursuant to Section 12523.  All
fees received shall be deposited in the Motor Vehicle Account in the
State Transportation Fund.



2808.  (a) Except as provided in subdivision (b), all schoolbuses
transporting pupils to or from any private school or private school
activity shall be subject to the same statutes, rules, and
regulations relating to construction, design, operation, equipment,
and color as are now or hereafter applicable to schoolbuses
transporting pupils to or from any public school or public school
activity.
   (b) Schoolbuses shall be exempt from such statutes, rules, and
regulations relating to construction, design, safe operation, and
equipment as the Commissioner of the California Highway Patrol shall
determine necessary to permit such schoolbuses to continue in
operation or when it appears that the results intended to be attained
by such rules and regulations are being accomplished by the use of
other methods.  Such exemption shall be specified by rule or
regulation of the commissioner.  No such exemption shall be made
which in the opinion of the commissioner would jeopardize the safety
of the pupils so transported.


2809.  All scales and weighing instruments used by any member of the
California Highway Patrol to enforce the provisions of this code
with respect to weight limitations shall be inspected and certified
as to accuracy at least once in each calendar year by the Bureau of
Weights and Measures of the Department of Food and Agriculture or by
a county sealer of weights and measures.



2810.  (a) A member of the California Highway Patrol may stop any
vehicle transporting any timber products, livestock, poultry, farm
produce, crude oil, petroleum products, or inedible kitchen grease,
and inspect the bills of lading, shipping or delivery papers, or
other evidence to determine whether the driver is in legal possession
of the load, and, upon reasonable belief that the driver of the
vehicle is not in legal possession, shall take custody of the vehicle
and load and turn them over to the custody of the sheriff of the
county in which the timber products, livestock, poultry, farm
produce, crude oil, petroleum products, or inedible kitchen grease,
or any part thereof, is apprehended.
   (b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended timber products, livestock, poultry,
farm produce, crude oil, petroleum products, or inedible kitchen
grease, or any part thereof, and immediately, in cooperation with the
department, proceed with an investigation and its legal disposition.

   (c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.


2810.1.  (a) Any traffic officer may stop any commercial vehicle, as
defined in Section 260, that is a rental vehicle and inspect the
bills of lading, shipping, delivery papers, or other evidence to
determine whether the driver is transporting household goods in
violation of the Household Goods Carriers Act (Chapter 7 (commencing
with Sec.  5101) of Division 2 of the Public Utilities Code).  The
officer may only stop and inspect where the officer has probable
cause to believe that the vehicle is being operated in violation of
that act.
   (b) It is a public offense, for which an officer may issue a
citation, for a driver to unlawfully transport household goods in
violation of the Household Goods Carriers Act.  That public offense
is punishable as prescribed in Article 8 (commencing with Section
5311) of Chapter 7 of Division 2 of the Public Utilities Code.  It is
an infraction to refuse to submit to an inspection as authorized by
subdivision (a).
   (c) A copy of the citation for any offense described in
subdivision (b) shall be sent by the the department that employs the
traffic officer to the Director of the Consumer Services Division of
the California Public Utilities Commission.  A copy of a citation
shall be removed from any record of the commission upon a showing
that the person was not convicted of the offense or that bail was not
forfeited for that offense.  A person for whom a copy of a citation
has been sent to the commission and is on file with the commission
may request the commission for an administrative hearing on that
matter.


2811.  Any traffic officer who observes a fence along any highway,
which has been damaged as a result of a traffic accident, shall
promptly report same to the owner, lessee, occupant, or person in
charge of the property enclosed by the fence, or to the local
headquarters of the department.



2812.  Whenever poisonous gas, explosives, dust, smoke, or other
similar substances, or fire exist upon or so near a public highway as
to create a menace to public health or safety, members of the
California Highway Patrol, police departments, or sheriff's office
may close any highway to traffic when necessary to protect the public
from such dangers.  Whenever a highway is closed, the governmental
agency having control over the highway shall be immediately notified
of the reason of the closing and the location.



2812.5.  Whenever visibility limitations pose a significant safety
hazard, as determined by a member of the California Highway Patrol,
that member may restrict or prohibit the use of any highway by any
vehicle subject to regulation by the Department of the California
Highway Patrol pursuant to Section 34500.



2813.  Every driver of a commercial vehicle shall stop and submit
the vehicle to an inspection of the size, weight, equipment, and
smoke emissions of the vehicle at any location where members of the
California Highway Patrol are conducting tests and inspections of
commercial vehicles and when signs are displayed requiring the stop.
Every driver who fails or refuses to stop and submit the vehicle to
an inspection when signs are displayed requiring that stop is guilty
of a misdemeanor.



2813.5.  (a) The commissioner shall have exclusive authority in the
issuance of stickers as evidence that commercial vehicles have been
inspected pursuant to Section 2813 and have been found to be in
compliance with minimum safety standards established by the
department.  The commissioner may make and enforce regulations with
respect to the issuance and display of the stickers upon commercial
vehicles.
   (b) It is unlawful for any unauthorized person, company,
corporation, or public or private entity to possess, issue, or
display upon a vehicle an unauthorized commercial vehicle safety
inspection sticker or a sticker that is either a facsimile of, or is
substantially similar to, that issued by the commissioner.
   (c) Any violation of subdivision (b) is a misdemeanor.



2814.  Every driver of a passenger vehicle shall stop and submit the
vehicle to an inspection of the mechanical condition and equipment
of the vehicle at any location where members of the California
Highway Patrol are conducting tests and inspections of passenger
vehicles and when signs are displayed requiring such stop.
   The Commissioner of the California Highway Patrol may make and
enforce regulations with respect to the issuance of stickers or other
devices to be displayed upon passenger vehicles as evidence that the
vehicles have been inspected and have been found to be in safe
mechanical condition and equipped as required by this code and
equipped with certified motor vehicle pollution control devices as
required by Part 5 (commencing with Section 43000) of Division 26 of
the Health and Safety Code which are correctly installed and in
operating condition.  Any sticker so issued shall be placed on the
windshield within a seven-inch square as provided in Section 26708.
   If, upon such inspection of a passenger vehicle, it is found to be
in unsafe mechanical condition or not equipped as required by this
code and the provisions of Part 5 (commencing with Section 43000) of
Division 26 of the Health and Safety Code, the provisions of Article
2 (commencing with Section 40150) of Chapter 1 of Division 17 of this
code shall apply.
   The provisions of this section relating to motor vehicle pollution
control devices apply to vehicles of the United States or its
agencies, to the extent authorized by federal law.



2814.1.  (a) A board of supervisors of a county may, by ordinance,
establish, on highways under its jurisdiction, a combined vehicle
inspection and sobriety checkpoint program to check for violations of
Sections 27153 and 27153.5 and to identify drivers who are in
violation of Section 23140 or 23152.  The program shall be conducted
by the local agency or department with the primary responsibility for
traffic law enforcement.
   (b) A driver of a motor vehicle shall stop and submit to an
inspection conducted under subdivision (a) when signs and displays
are posted requiring that stop.
   (c) A county that elects to conduct the combined program described
under subdivision (a) may fund that program through fine proceeds
deposited with the county under Section 1463.15 of the Penal Code.



2815.  Any person who shall disregard any traffic signal or
direction given by a nonstudent school crossing guard, appointed
pursuant to Section 21100, or authorized by any city police
department, any board of supervisors of a county, or the Department
of the California Highway Patrol, when the guard is wearing the
official insignia of such a school crossing guard, and when in the
course of the guard's duties the guard is protecting any person in
crossing a street or highway in the vicinity of a school or while
returning thereafter to a place of safety, shall be guilty of an
infraction and subject to the penalties provided in Section 42001.1.




2816.  It is unlawful to load or discharge children onto or from a
youth bus upon a  highway at any location where the children must
cross the highway upon which the youth bus is stopped, unless traffic
is controlled by a traffic officer or an official traffic control
signal.



2817.  Any person who disregards any traffic signal or direction
given by a peace officer authorized pursuant to subdivision (d) of
Section 70 of the Penal Code to escort funeral processions, if the
peace officer is in a peace officer's uniform, and is in the process
of escorting a funeral procession, shall be guilty of an infraction
and subject to the penalties provided in subdivision (a) of Section
42001.



2818.  It is unlawful to traverse a flare pattern, cone pattern, or
combination thereof, provided for the regulation of traffic, or
provided in any situation where public safety personnel are engaged
in traffic control or emergency scene management.

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