Vehicle Code

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Vehicle Code

Fri May 04, 2018 9:08 pm

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SAN ANDREAS
VEHICLE CODE
PRELIMINARY PROVISIONS

1. This document shall be known as the Vehicle Code.

2. This code takes effect on the date of its adoption and is not retroactive unless expressly declared.

3. Any person punished for an act committed prior to the adoption of this code shall continue to serve their punishment as if this code had not been adopted.

4. Whenever this code mentions something defined or described in another part of this code or any other law, it shall be understood to refer to and reference that law, unless expressly defined or described otherwise.

DIVISION 1. ADMINISTRATION AND ENFORCEMENT
Chapter 1. Licenses to Drive

10. Any person who drives a motor vehicle upon a public road without a valid driver's license shall be punished by imprisonment in a county jail for 30 minutes.

11. No person under the age of 18 years may obtain a driver's license.

12. A minor of the age of 16 or 17 years may operate a motor vehicle without a driver's license for the purpose of education and instruction in the operation of a motor vehicle when a person with a valid driver's license is seated in the front passenger seat of the motor vehicle and is engaged in the education, instruction, and supervision of the driver.

13. Any person who, while having a valid driver's license issued to him or her, and while driving a motor vehicle upon a public road, does not possess his or her license, or who fails to present his or her license for examination upon demand of a peace officer, shall be punished by a fine of one hundred fifty dollars ($150).

Chapter 2. Vehicle Registration

14. Any person who drives, moves, or leaves standing upon public road, any unregistered motor vehicle, or any motor vehicle that does not display an identification plate, shall be punished by a fine of two hundred dollars ($200).

Chapter 3. Accidents

15. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. The driver shall also immediately locate and notify the owner or person in charge of that property and present his or her driver's license and vehicle registration to the other driver, property owner, or person in charge of that property. Any person in violation of this section shall be punished by imprisonment in a county jail for 30 minutes.

(b) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and notify the police. Any person in violation of this section shall be punished by imprisonment in the state prison for two days.

Chapter 4. Vehicular Offenses

16. 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, shall be punished by imprisonment in the state prison for two days.

17. Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, shall be punished by imprisonment in a county jail for 60 minutes.

DIVISION 2. RULES OF THE ROAD
Chapter 1. General Provisions

30. Public employees, motor vehicles, and other equipment while actually engaged in work upon the surface of a public road, or work of installation, removal, repairing, or maintaining official traffic control devices, are exempt from this title.

31. The driver of an authorized emergency vehicle is exempt from this title if the vehicle is being driven in response to an emergency call and the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible as a warning to other drivers and pedestrians. This section does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the public road, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section.

Chapter 2. Bicycles

32. A person riding a bicycle upon a public road has all the rights and is subject to all the provisions applicable to the driver of a vehicle, except those provisions which by their very nature can have no application. Any person operating a bicycle upon a public road at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or edge of the roadway, except when preparing for a left turn.

33. Any person who rides a bicycle upon a public road while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcohol beverage and drug, shall be punished by a fine of three hundred dollars ($300).

34. Any person who leaves a bicycle lying on its side on any sidewalk, or parks a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic, shall be punished by a fine of one hundred dollars ($100).

Chapter 3. Traffic

35. Upon all public roads, a vehicle shall be driven upon the right half of the roadway.

36. Yellow lines in the center of the road divide directions of traffic. Dashed white lines in the road divide lanes of traffic.

37. Any person who fails to stay in the correct lane, meanders between lanes, or drives in the incorrect lane, shall be punished by a fine of three hundred dollars ($300).

Chapter 4. Right-of-Way

38. (a) The driver of a vehicle approaching a four-way stop intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different direction. When two vehicles enter a four-way stop intersection from different directions at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on his or her immediate right.

(b) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a public road, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

(c) The driver of any vehicle about to enter or cross a public road from any public or private property, or from an alley, shall yield the right-of-way to all traffic close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.

(d) Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, the surrounding traffic shall yield the right-of-way and shall immediately drive to the right-hand edge or curb, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.

(e) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing within any marked crosswalk or within any unmarked crosswalk at an intersection.

39. Any person who fails to yield the right-of-way, when lawfully required to do so, shall be punished by a fine of three hundred dollars ($300).

Chapter 5. Pedestrians

40. (a) On a road with more than two lanes in each direction of travel, pedestrians may not cross the road except at a marked or unmarked crosswalk at an intersection.

(b) On a road with one lane in each direction of travel, pedestrians may cross the road after yielding the right-of-way to all vehicles so near as to constitute an immediate hazard.

41. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic.

42. Any pedestrian who crosses the road unlawfully shall be punished by a fine of one hundred dollars ($100).

Chapter 6. Stopping

43. A single white line across the roadway perpendicular to the direction of traffic indicates a requirement to come to a complete stop at the line. This includes the first line in front of a marked crosswalk.

44. Any person who fails to stop when required shall be punished by a fine of three hundred fifty dollars ($350).

Chapter 7. Parking

45. Upon all public roads, a vehicle shall be parked only where markings indicate traffic is permitted. Vehicles shall be parked on the road parallel to and within 12 inches of the curb.

46. (a) An unpainted curb indicates parking is allowed.

(b) A red-painted curb indicates parking is not allowed.

47. Any person who parks a vehicle unlawfully shall be punished by a fine of one hundred fifty dollars ($150).

Chapter 8. Unsafe Driving

48. Any person who drives a vehicle on a public road at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the road, and in any event at a speed which endangers the safety of persons or property, shall be punished by a fine of two hundred fifty dollars ($250).

49. (a) A person who drives a vehicle upon a public road in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, punishable by imprisonment in a county jail for 30 minutes.

(b) Whenever reckless driving of a vehicle causes bodily injury to a person other than the driver, the person driving the vehicle shall be punished by imprisonment in a county jail for 60 minutes.

50. Any person who engages in a motor vehicle exhibition of speed, or a motor vehicle race against another vehicle, a clock, or other timing device, on a public road, shall be punished by imprisonment in a county jail for 30 minutes.

51. Any person who drives a motor vehicle and permits a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers, and any person who rides on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers, shall be punished by a fine of one hundred dollars ($100).

Chapter 9. Drugs and Alcohol

52. A person is under the influence of alcohol when that person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test of the person's blood or breath within two hours after the driving. Only a physician, surgeon, nurse, clinical laboratory scientist, or paramedic acting at the request of a peace officer may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath specimens.

53. (a) Any person who drives a vehicle while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcohol beverage and drug, shall be punished by imprisonment in a county jail for 30 minutes.

(b) Any person who drives a vehicle while under the influence of any alcoholic beverage, and concurrently does any act which proximately causes bodily injury to any person other than the driver, shall be punished by imprisonment in the state prison for two days.

54. Any driver or passenger of a motor vehicle driving on a public road who drinks any alcoholic beverage, or possesses any alcoholic beverage that has been opened, shall be punished by a fine of two hundred fifty dollars ($250).

DIVISION 3. VEHICLE SAFETY AND EQUIPMENT
Chapter 1. Unsafe Vehicles

60. No person shall operate any vehicle which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard.

61. Any person who operates any vehicle after notice by a peace office that the vehicle is in an unsafe condition, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment have been made to conform with the requirements of the law, shall be punished by a fine of two hundred dollars ($200).

Chapter 2. Visibility

62. Any person who operates any vehicle during darkness without lighted lighting equipment shall be punished by a fine of one hundred fifty dollars ($150).

63. Any person who operates any vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver's clear view through the windshield or side windows shall be punished by a fine of one hundred fifty dollars ($150).

Chapter 3. Vehicle Equipment

64. Any person who uses the horn of a motor vehicle, except when giving an audible warning as reasonably necessary to insure safe operation, shall be punished by a fine of one hundred dollars ($100).

65. Any person who does not wear a safety helmet when driving or riding on a motorcycle, who does not wear a safety helmet, shall be punished by a fine of one hundred fifty dollars ($150).

Chapter 4. Unlawful Modifications

66. Any person who modifies the exhaust system of a motor vehicle or who operates a vehicle with a modified exhaust system in a manner which will amplify or increase the noise emitted by the motor of the vehicle, or which is intended to permanently or temporarily increase the speed of the vehicle, shall be punished by a fine of two hundred dollars ($200).

67. Any person who operates any motor vehicle which has been modified from the original design so that any portion of the vehicle, other than the wheels, has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel in contact with the roadway, shall be punished by a fine of one hundred dollars ($100).

DIVISION 4. PENALTIES
Chapter 1. Violation Points

80. Violation points are assigned to the violation of any law involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned.

81. When a person accrues three or more violation points in one month, they are deemed to be negligent vehicle operators.

82. One violation point shall be given for any of the following offenses:
  • (1) Failure to maintain lane, in violation of section 37;
    (2) Failure to yield, in violation of section 39;
    (3) Failure to stop, in violation of section 44;
    (4) Speeding, in violation of section 48;
    (5) Operating an unsafe vehicle, in violation of section 61;
    (6) Operating a vehicle without headlights, in violation of section 62;
    (7) Operating a vehicle with the windshield obstructed, in violation of section 63;
    (8) Unlawful modification of a vehicle exhaust system, in violation of section 66; and,
    (9) Unlawful modification of a vehicle's road clearance, in violation of section 67.
83. One violation point shall be given for any of the following offenses in any case where the person is the driver:
  • (1) Unlawful riding, in violation of section 51;
    (2) Possession of an open container, in violation of section 54; and,
    (3) Riding a motorcycle without a helmet, in violation of section 65.
84. Two violation points shall be given for any of the following offenses:
  • (1) Leaving the scene of an accident involving property damage, in violation of section 15(a);
    (2) Reckless driving, in violation of section 49(a); and,
    (3) Engaging in a speed contest, in violation of section 50.
85. Three violation points shall be given for any of the following offenses:
  • (1) Driving under the influence, in violation of section 53(a).
Chapter 2. Suspension from Driving

86. Any person who is deemed to be a negligent vehicle operator shall have their driver's license suspended for three days.

87. Any person who commits any of the following offenses shall immediately have their driver's license suspended for one week:
  • (1) Leaving the scene of an accident involving injuries, in violation of section 15(b);
    (2) Evading a peace officer, in violation of section 16;
    (3) Reckless driving involving injuries, in violation of section 49(b);
    (4) Driving under the influence involving injuries, in violation of section 53(b);
    (5) Vehicular manslaughter, in violation of section 45(d) of the Penal Code; or,
    (6) Vehicular manslaughter while intoxicated, in violation of section 45(e) of the Penal Code.
88. Any person who drives a motor vehicle at any time when that person's driver's license is suspended shall be punished by imprisonment in a county jail for 60 minutes.

Chapter 3. Vehicle Removal

89. A peace officer, or an employee of a public agency who is engaged in directing traffic or enforcing parking laws and regulations, may remove a vehicle located within the jurisdictional limits in which the officer or employee may act, under the following circumstances:
  • (1) When a vehicle is left unattended upon a bridge or in a tunnel;
    (2) When a vehicle is parked or left standing upon a public road in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic;
    (3) When a stolen vehicle is found and the registered owner cannot be located;
    (4) When a vehicle is illegally parked so as to block the entrance to a private driveway;
    (5) When a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing upon a highway or freeway;
    (6) When the person in charge of a vehicle upon a public road, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal;
    (7) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody;
    (8) When an officer revokes the license of the driver and the vehicle cannot be left where it is stopped, and the owner has no other means of having the vehicle taken or moved;
    (9) When a vehicle, other than a rented vehicle, is found upon a public road, and it is known that the vehicle has been issued three or more notices of parking violations to which the owner or person in control of the vehicle has not responded or the registered owner of the vehicle is known to have been issued a notice for failure to pay for traffic violations, the vehicle may be impounded until that person all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared;
    (10) When a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed;
    (11) Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles, and public notice has been given that removal may occur for a violation;
    (12) When a vehicle is illegally parked and blocks the movement of a legally parked vehicle; or,
    (13) When the vehicle is parked on private property and the registered owner or person in control of the vehicle cannot be found.
90. The vehicle may be removed by towing or, if the peace officer can obtain the keys, by driving the vehicle away.

91. Once removed, a vehicle and its cargo may be impounded. The agency or company responsible for removing and impounding the vehicle may charge a fee of no more than two hundred dollars ($200) to release the vehicle.
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