2007 California Vehicle Code Article 2. Civil Actions

CA Codes (veh:40830-40834)


SECTION 40830-40834

40830.  In either of the following circumstances a violation of any
provision of this code does not establish negligence as a matter of
law, but in any civil action under either of the circumstances
negligence must be proved as a fact without regard to the violation.
The circumstances under which this section applies are either:
   (a) Where violation of the provision was required by a law of the
federal government or by any rule, regulation, directive or order of
any agency of the federal government, the violation of which is
subject to penalty under an act of Congress or by any valid order of
military authority.
   (b) Where violation of the provision was required in order to
comply with any regulation, directive, or order of the Governor
promulgated under the California Emergency Services Act.

40831.  In any civil action proof of speed in excess of any prima
facie limit declared in Section 22352 at a particular time and place
does not establish negligence as a matter of law but in all such
actions it shall be necessary to establish as a fact that the
operation of a vehicle at the excess speed constituted negligence.

40832.  No record of the suspension or revocation of the privilege
to operate a motor vehicle by the department, nor any testimony of or
concerning or produced at the hearing terminating in the suspension
or revocation, shall be admissible as evidence in any court in any
civil action.

40833.  Neither the report required by Sections 16000, 16001, 16002,
or 16003, the action taken by the department pursuant to Chapter 1
of Division 7 (commencing at Section 16000), the findings, if any, of
the department upon which action is based, nor the security filed as
provided in that chapter shall be referred to in any way, or be any
evidence of the negligence or due care of any party, at the trial of
any action at law to recover damages.

40834.  A judgment of conviction for any violation of this code or
of any local ordinance relating to the operation of a motor vehicle
or a finding reported under Section 1816 shall not be res judicata or
constitute a collateral estoppel of any issue determined therein in
any subsequent civil action.

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