BERKELEY ILLEGALLY CHARGES BICYCLISTS RIDING ON
SIDEWALKS AS MISDEMEANORS:
(Jan. 17, 2001)
Firstly,
1) The Berkeley Municipal Code cannot override the
California Vehicle Code:
======================================
CVC 21. Uniformity of Code
Except as otherwise expressly provided, the provisions of this code are
applicable and uniform throughout the State and in all counties and
municipalities therein, and no local authority shall enact or enforce any
ordinance on the matters covered by this code unless expressly authorized
herein.
======================================
Secondly,
2) Anything in the vehicle code or enacted under the
vehicle code (as this was) is an infraction unless
expressly named a misdemeanor in the Vehicle Code:
======================================
CALIFORNIA CODES
VEHICLE CODE
SECTION 40000.1-40007
40000.1. Except as otherwise provided in this article, it is
unlawful and constitutes an infraction for any person to violate, or
fail to comply with any provision of this code, or any local
ordinance adopted pursuant to this code.
======================================
Notice that it explicitly states, ANY LOCAL ORDINANCE
ADOPTED PURSUANT TO THIS CODE, unless otherwise provided
in that article, is an infraction. I have posted the complete
article at the very bottom of this email.
Nothing in that article -- and nothing else I've found in the
Vehicle Code -- suggests that riding on the sidewalk can be a
misdemeanor:
Searching the article on the internet finds no mention of
CVC 21100 in the various exceptions where CVC crimes
may be charged as felonies or misdemeanors. And this
makes sense because a misdemeanor is roughly defined
as a penalty which can carry up to a ONE YEAR JAIL TERM.
Note that all Berkeley bicycle rules -- including a
prohibition against locking to parking meters!!! -- are
misdemeanors. That's right, you are entitled to a JURY TRIAL
for locking to a parking meter, and can spend UP TO A YEAR
IN JAIL! Talk about an anti-bicycle city. Yet try to
get a police officer to take a report of an assault
with a deadly weapon (to wit, one motorcar).
Surely motorcars running stop signs -- which kills and
disables frequently in California -- should be treated more
seriously than biking on sidewalks, yet the entire penalty
system is upside down. Not to mention locking to a
parking meter!
Note that about 3% of reported collisions in Berkeley
involve bikes and pedestrians, and 1/3 of those are
said to be the pedestrian's fault (by a city-sponsored
study).
To give an idea of things that constitute misdemeanors:
false reporting of vehicle theft, intent to defraud,
mishandling toxic waste, false license plates, being
dangerous with school buses full of children, etc.
Does riding a bike on the sidewalk fit in this picture?
Is it really a malevolent activity? Particularly when
our police officers set the example and give the public
the idea that it is the thing to do to be safe and
proper (as many in the public are still under the
quaint illusion that this is the role of police)?
One great thing to come out of this is that it
has called into serious question whether Berkeley's
ordinance for police to run rampant on sidewalks
is in fact illegal. Another great thing could
be any mitigations to the public in addition to
reparations to those individuals who have been
harmed by this outrageous condition.
Please let's take action on this at once.
Sincerely,
Jason Meggs
Pager: (510) 720-2818
Work: (510) 643-6768
On Wed, 17 Jan 2001, Jason Meggs wrote:
> I am distressed that I am hearing so many stories of
> citizens being given tickets for riding bicycles on
> sideawalks, in particular as those tickets are now
> being billed at $211.00!!! In one case, someone
> who just passed the age to be "illegal" on the
> sidewalk received two tickets, two days in a row.
>
> The way they are doing this in Berkeley is that they
> are charging it as a MISDEMEANOR.
>
> This change must have occurred sometime in recent
> years as not too long ago, the fine was $19.00.
>
> I am opposed to bicyclists using sidewalks and
> consider it dangerous. On the other hand, I am
> opposed to bicycle fines period, and it is important
> that education and infrastructure be the means
> of dealing with the problem of bicycles on sidewalks.
>
> Charging these as misdemeanors is a horribly regressive
> action which may in fact be illegal. It is certainly
> in violation of the bicycle plan, at least in spirit.
>
> I want to know who made the change.
>
> State law says that cities can regulate bicycle use
> of sidewalks:
>
> 21100. Local authorities may adopt rules and regulations by
> ordinance or resolution regarding the following matters:
> [snip]
> (h) Operation of bicycles, and, as specified in Section 21114.5,
> electric carts by physically disabled persons, or persons 50 years of
> age or older, on the public sidewalks.
>
> And it is evidently true that the BMC says that these
> are to be charged as Misdemeanors:
>
> Section 14.68.370 Violations generally--Penalty.
> Any person found to be in violation of any of the provisions
> of this chapter shall be deemed guilty of a misdemeanor and upon
> conviction thereof shall be punished as set forth in Chapter 1.20 of
> this code. (Ord. 5716-NS 3 (part), 1986: Ord. 4957-NS 38, 1976)
>
> The state law seems to permit this as well, unless there's
> something I'm missing so far (which there may very well be).
> So sadly, this has been on the books since 1976, and
> may only recently have been enforced in this manner.
>
> In the meantime, what can we do about this?
>
> 1) Change that law
> 2) Work for bicycle diversion
> 3) Implement the Bike Plan and bicycle education
> 4) Lower fines for bicycles across the board.
>
> I vote for a combination of all four.
>
> --Jason, pager 510-720-2818
>
> p.s. meanwhile "peace" officers regularly strike or
> nearly strike pedestrians on sidewalks with impunity,
> and it can be a misdemeanor to lie down on a public
> sidewalk. Outrageous!
>
> ---------- Forwarded message ----------
> Date: Tue, 16 Jan 2001 17:42:15 -0800
> From: "Stough, Ben, Superior Court"
> To: "'jmeggs-AT-lmi.net'"
> Subject: FW: Question about bail amounts
>
> > Mr. Meggs-
> >
> > I have been informed that the Berkeley Bicycle Control Unit refers to code
> > section 14.68.130 (riding bike on sidewalk) when issuing these types of
> > citations. Since this violation is listed as a Misdemeanor, the base bail
> > is $75.00, making the total fine $211.00 after penalties are added.
> > Please refer to the first part of the attached bail schedule for an
> > explanation of added penalities.
> >
> > Unfortunately I am unable provide a history, and do not even know who to
> > refer you to for assistance in this matter. However, I can refer you to
> > the nearest law library (12th & Oak Streest in Oakland) to research the
> > vehicle code, bail schedule, and any related legislation. At the local
> > level, I would guess any documented history that exists would be on file
> > with the City Clerk or City Attorney's Office.
> >
> > Complaints regarding statewide public policy should be channeled to the
> > appropriate Assemblyperson's office. Complaints regarding local public
> > policy should be channeled to the appropriate City Councilperson's office.
> > And if you should receive complaints regarding the conduct of judicical
> > officers or court personnel, I can advise you on how they should be
> > channeled.
> >
> > We purchase our copies of the Berkeley Municipal Code from the Berkeley
> > City Clerk's Office. I'm not aware whether they are in electronic format
> > as yet. Attached is the latest statewide bail schedule.
> > <>
> > I hope this has addressed all of your questions. Please feel free to
> > contact me if I can be of further assistance.
> > -Ben
> >
> > ----------
> > From: Jason Meggs[SMTP:jmeggs-AT-lmi.net]
> > Sent: Wednesday, January 10, 2001 11:17 AM
> > To: Ben Stough -- Superior Court
> > Subject: Question about bail amounts
> >
> > Mr. Stough,
> >
> > I believe we corresponded before regarding bail amounts for bicycle
> > infractions in the City of Berkeley. Thank you for your help at that
> > time.
> >
> > I am receiving a number of complaints from cyclists who are receiving $211
> > tickets for a first offense of bicycling on the sidewalk.
> >
> > Looking in the Berkeley Municipal Code, 1.20.020 (see below), it appears
> > that the fine cannot exceed $100.00 for a first offense.
> >
> > I would assume that the Vehicle Code takes precedence over any bail
> > schedules set by Berkeley, and their code is different (CVC 42001),
> > although it appears to be the same (not tto exceed $100) for a first
> > offense.
> >
> > I wish to know why the fines are $211, and how they got to be that way.
> > I know that several years ago, the fine for bicycling on the sidewalk in
> > Berkeley was only $19.00. How would I find the exact history of the
> > change, who requested it, how it was implemented, etc.?
> >
> > Some time has passed since you sent me attachments regarding the bail
> > amounts for bicycles in Berkeley, would you be willing to send me the
> > latest schedule, particularly for all infractions that apply to bicycles
> > (and especially for specific bicycle violations)?
> >
> > Sincerely,
> >
> > Jason Meggs, Director
> > Bicycle Civil Liberties Union
> > P.O. Box 15071
> > Berkeley, CA 94701-6071
> >
> > WEB: http://www.bclu.org/
> >
> > Office: (510) 273-9288
> > Facsimile: (510) 486-1528
> > Pager: (510) 720-2818
> >
> >
> >
> >
> > BERKELEY MUNICIPAL CODE:
> >
> > Section 1.20.020 Violation of certain ordinance provisions.
> >
> > A. Infractions. Any person violating or causing
> > the violation of certain ordinances of the City or certain provisions of
> > this code where so provided, shall
> > be guilty of an infraction.
> > B. Penalties for Infractions. Pursuant to
> > California Government Code Sections 36900 and 36901, the penalty by fine
> > for infractions shall be as follows:
> > 1. A fine not exceeding one hundred dollars for
> > a first violation;
> > 2. A fine not exceeding two hundred dollars for
> > the second violation;
> > 3. A fine not exceeding five hundred dollars for
> > each additional violation of the same section of the same ordinance within
> > one year.
> > C. Misdemeanors. Unless otherwise specified,
> > upon a third or subsequent conviction of the same section of any City
> > ordinance, designated punishable
> > as an infraction, committed within a period of one
> > year, the fourth violation may, at the discretion of the City Attorney, be
> > charged as a misdemeanor
> > punishable by a fine of not more than one thousand
> > dollars or by imprisonment in the county jail not to exceed six months, or
> > by both such fine and
> > imprisonment.
> > D. Person. "Person" includes any individual,
> > firm, association, organization, partnership, business trust, joint
> > venture, corporation, company, or any
> > other organization or group of persons acting in
> > concert, whether as principal, agent, employee, manager, lessee, servant,
> > officer, or otherwise.
> > E. Civil Action. In addition to any other
> > remedies provided in this section, any violation of this section may be
> > enforced by civil action.
> > F. Authority to Issue Citations. In addition and
> > supplementary to the provisions of the Penal Code relating to public
> > offenses and the authority of peace
> > officers, the City Council hereby designates the City
> > Manager and the following employees who are classified (or who may
> > hereafter be classified by some
> > other appropriate designation with substantially the
> > same duties) as enforcement authorities for violations of City
> > ordinances: chief of codes, inspection and
> > zoning, zoning officer, building inspection supervisor,
> > housing inspector, building inspector, project coordinator, license and
> > collection supervisor, senior field
> > representative, field representative, fire chief,
> > deputy fire chief, assistant fire chief, fire marshal, deputy fire
> > marshal, assistant fire marshal, fire inspector,
> > parks/marina superintendent, parks/marina
> > administrative analyst, marina supervisor, forestry supervisor, senior
> > gardener supervisor, gardener supervisor,
> > tree trimmer supervisor, tree topper supervisor, public
> > works maintenance superintendent, senior public works supervisor,
> > assistant city engineer, senior
> > civil engineer, traffic engineer, assistant traffic
> > engineer, associate civil engineer, assistant civil engineer, junior civil
> > engineer, engineering inspector,
> > recycling program administrator, refuse superintendent,
> > senior refuse supervisor, refuse supervisor, chief of environmental
> > health, supervising sanitarian,
> > sanitarian, assistant sanitarian, vector control
> > technician, animal services supervisor, animal control officer and
> > hazardous materials specialist. Such public
> > officers or employees may issue a citation and notice
> > to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the
> > Penal Code (or as the same
> > may hereafter be amended). It is the intent of the City
> > Council that the immunities prescribed in Section 836.5 of the Penal Code
> > be applicable to public
> > officers or employees or employees acting in the course
> > and scope of employment pursuant to this chapter.
> > G. Severability. If any provision of this
> > ordinance is held to be unconstitutional or otherwise invalid by any court
> > of competent jurisdiction, the remaining
> > provisions of the ordinance shall not be
> > invalidated. (Ord. 6296-NS 1, 1995: Ord 5715-NS 2, 1986: Ord. 5590-NS
> > 1, 1984: Ord. 5499-NS 2, 1982)
> >
> >
> >
> > CALIFORNIA VEHICLE CODE:
> >
> >
> >
> >
> >
> > 42001. (a) Except as provided in Section 42000.5, 42001.1, 42001.2,
> > 42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11, 42001.12,
> > 42001.14, 42001.15, 42001.16, or subdivision (a) of 42001.17, or
> > Section 42001.18, or subdivision (b) or (c) of this section, or
> > Article 2 (commencing with Section 42030), every person convicted of
> > an infraction for a violation of this code or of any local ordinance
> > adopted pursuant to this code shall be punished as follows:
> > (1) By a fine not exceeding one hundred dollars ($100).
> > (2) For a second infraction occurring within one year of a prior
> > infraction which resulted in a conviction, a fine not exceeding two
> > hundred dollars ($200).
> > (3) For a third or any subsequent infraction occurring within one
> > year of two or more prior infractions which resulted in convictions,
> > a fine not exceeding two hundred fifty dollars ($250).
> > (b) Every person convicted of a misdemeanor violation of Section
> > 2800, 2801, or 2803, insofar as they affect failure to stop and
> > submit to inspection of equipment or for an unsafe condition
> > endangering any person, shall be punished as follows:
> > (1) By a fine not exceeding fifty dollars ($50) or imprisonment in
> > the county jail not exceeding five days.
> > (2) For a second conviction within a period of one year, a fine
> > not exceeding one hundred dollars ($100) or imprisonment in the
> > county jail not exceeding 10 days, or both that fine and
> > imprisonment.
> > (3) For a third or any subsequent conviction within a period of
> > one year, a fine not exceeding five hundred dollars ($500) or
> > imprisonment in the county jail not exceeding six months, or both
> > that fine and imprisonment.
> > (c) A pedestrian convicted of an infraction for a violation of
> > this code or any local ordinance adopted pursuant to this code shall
> > be punished by a fine not exceeding fifty dollars ($50).
> > (d) Notwithstanding any other provision of law, any local public
> > entity that employs peace officers, as designated under Chapter 4.5
> > (commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
> > the California State University, and the University of California
> > may, by ordinance or resolution, establish a schedule of fines
> > applicable to infractions committed by bicyclists within its
> > jurisdiction. Any fine, including all penalty assessments and court
> > costs, established pursuant to this subdivision shall not exceed the
> > maximum fine, including penalty assessment and court costs, otherwise
> > authorized by this code for that violation. If a bicycle fine
> > schedule is adopted, it shall be used by the courts having
> > jurisdiction over the area within which the ordinance or resolution
> > is applicable instead of the fines, including penalty assessments and
> > court costs, otherwise applicable under this code.
> >
> >
> >
> >
> >
>
>
Article 1 of Division 17:
CALIFORNIA CODES
VEHICLE CODE
SECTION 40000.1-40007
40000.1. Except as otherwise provided in this article, it is
unlawful and constitutes an infraction for any person to violate, or
fail to comply with any provision of this code, or any local
ordinance adopted pursuant to this code.
40000.3. A violation expressly declared to be a felony, or a public
offense which is punishable, in the discretion of the court, either
as a felony or misdemeanor, or a willful violation of a court order
which is punishable as contempt pursuant to subdivision (a) of
Section 42003, is not an infraction.
40000.5. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Section 20, relating to false statements.
Section 27, relating to impersonating a member of the California
Highway Patrol.
Section 31, relating to giving false information.
Paragraph (3) of subdivision (a), or subdivision (b), or both, of
Section 221, relating to proper evidence of clearance for
dismantling.
40000.6. A violation of any of the following is a misdemeanor and
not an infraction:
(a) Subdivision (b) of Section 1808.1, relating to enrollment in
the pull notice system.
(b) Subdivision (f) of Section 1808.1, relating to employment of
disqualified drivers.
40000.61. A violation of Section 1808.45, relating to unauthorized
disclosure of department records, is a misdemeanor, and not an
infraction.
40000.65. A violation of Section 2430.5 or 2432, relating to
emergency road service, is a misdemeanor and not an infraction.
40000.7. (a) A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(1) Section 2416, relating to regulations for emergency vehicles.
(2) Section 2800, relating to failure to obey an officer's lawful
order or submit to a lawful inspection.
(3) Section 2800.1, relating to fleeing from a peace officer.
(4) Section 2801, relating to failure to obey a firefighter's
lawful order.
(5) Section 2803, relating to unlawful vehicle or load.
(6) Section 2813, relating to stopping for inspection.
(7) Subdivisions (b), (c), and (d) of Section 4461 and
subdivisions (b) and (c) of Section 4463, relating to disabled person
placards and disabled person and disabled veteran license plates.
(8) Section 4462.5, relating to deceptive or false evidence of
vehicle registration.
(9) Section 4463.5, relating to deceptive or facsimile license
plates.
(10) Section 5105.5, relating to environmental license plates.
(11) Section 5500, relating to the surrender of registration
documents and license plates before dismantling may begin.
(12) Section 5753, relating to delivery of certificates of
ownership and registration when committed by a dealer or any person
while a dealer within the preceding 12 months.
(13) Section 5901, relating to dealers and lessor-retailers giving
notice.
(14) Section 5901.1, relating to lessors giving notice and failure
to pay fee.
(15) Section 8802, relating to the return of canceled, suspended,
or revoked certificates of ownership, registration cards, or license
plates, when committed by any person with intent to defraud.
(16) Section 8803, relating to return of canceled, suspended, or
revoked documents and license plates of a dealer, manufacturer,
remanufacturer, transporter, dismantler, or salesman.
(b) This section shall become operative on January 1, 2001.
40000.70. A violation of Section 23112.5, relating to notification
of an on-highway hazardous material or hazardous waste spill, is a
misdemeanor and not an infraction.
40000.77. A violation of Article 7 (commencing with Section 2570)
of Chapter 2.5 of Division 2, relating to transportation of school
pupils, is a misdemeanor, and not an infraction.
40000.8. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
Section 9872, relating to the registration of vessels.
Section 9872.1, relating to unidentified vessels.
40000.9. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Section 10501, relating to false report of vehicle theft.
Sections 10750 and 10751, relating to altered or defaced vehicle
identifying numbers.
Section 10851.5, relating to theft of binder chains.
Sections 10852 and 10853, relating to injuring or tampering with a
vehicle.
Section 10854, relating to unlawful use of stored vehicle.
40000.11. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Division 5 (commencing with Section 11100), relating to
occupational licensing and business regulations.
(b) Section 12500, subdivision (a), relating to unlicensed
drivers.
(c) Section 12515, subdivision (b), relating to persons under 21
years of age driving, and the employment of those persons to drive,
vehicles engaged in interstate commerce or transporting hazardous
substances or wastes.
(d) Section 12517, relating to a special driver's certificate to
operate a schoolbus or school pupil activity bus.
(e) Section 12519, subdivision (a), relating to a special driver's
certificate to operate a farm labor vehicle.
(f) Section 12520, relating to a special driver's certificate to
operate a tow truck.
(g) Section 12804, subdivision (d), relating to medical
certificates.
(h) Section 12951, subdivision (b), relating to refusal to display
license.
(i) Section 13004, relating to unlawful use of an identification
card.
(j) Section 13004.1, relating to identification documents.
(k) Sections 14601, 14601.1, 14601.2, and 14601.5, relating to
driving with a suspended or revoked driver's license.
(l) Section 14604, relating to unlawful use of a vehicle.
(m) Section 14610, relating to unlawful use of a driver's license.
(n) Section 14610.1, relating to identification documents.
(o) Section 15501, relating to use of false or fraudulent license
by a minor.
40000.13. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Section 16560, relating to interstate highway carriers.
(b) Sections 20002 and 20003, relating to duties at accidents.
(c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
(d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
(e) Section 21655.9, subdivision (c), relating to illegal use of
decals, labels, or other identifiers.
(f) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
(g) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
(h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
40000.13. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Section 16560, relating to interstate highway carriers.
(b) Sections 20002 and 20003, relating to duties at accidents.
(c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
(d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
(e) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
(f) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
(g) This section shall become operative on January 1, 2008.
40000.14. A violation of subdivision (b) or (c) of Section 21367
is an infraction, except as follows:
(a) A willful violation is a misdemeanor.
(b) A willful violation committed in a manner exhibiting a wanton
disregard for the safety of persons is a misdemeanor punishable by
imprisonment in the county jail for not more than one year.
40000.15. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Sections 23103 and 23104, relating to reckless driving.
Section 23109, relating to speed contests or exhibitions.
Subdivision (a) of Section 23110, relating to throwing at
vehicles.
Section 23152, relating to driving under the influence.
Subdivision (b) of Section 23222, relating to possession of
marijuana.
Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
Section 23253, relating to officers on vehicular crossings.
Section 23332, relating to trespassing.
Section 24002.5, relating to unlawful operation of a farm vehicle.
Section 24011.3, relating to vehicle bumper strength notices.
Section 27150.1, relating to sale of exhaust systems.
Section 27362, relating to child passenger seat restraints.
Section 28050, relating to true mileage driven.
Section 28050.5, relating to nonfunctional odometers.
Section 28051, relating to resetting odometers.
Section 28051.5, relating to devices to reset odometers.
Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
40000.16. A second or subsequent violation of Section 23114,
relating to preventing the escape of materials from vehicles,
occurring within two years of a prior violation of that section is a
misdemeanor, and not an infraction.
40000.18. A violation of subdivision (b) of Section 31401 or
Section 31402 or 31403, relating to farm labor vehicles, is a
misdemeanor and not an infraction.
40000.19. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Section 31303, relating to transportation of hazardous waste.
(b) Division 14 (commencing with Section 31600), relating to
transportation of explosives.
(c) Division 14.1 (commencing with Section 32000), relating to the
transportation of hazardous material.
(d) Division 14.3 (commencing with Section 32100), relating to
transportation of inhalation hazards.
(e) Division 14.5 (commencing with Section 33000), relating to
transportation of radioactive materials.
(f) Division 14.7 (commencing with Section 34001), relating to
flammable liquids.
40000.21. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Subdivision (a) of Section 34506, relating to the hours of
service of drivers.
(b) Subdivision (b) of Section 34506, relating to the
transportation of hazardous materials.
(c) Subdivision (c) of Section 34506, relating to schoolbuses.
(d) Subdivision (d) of Section 34506, relating to youth buses.
(e) Section 34505 or subdivision (e) of Section 34506, relating to
tour buses.
(f) Section 34505.5 or subdivision (f) of Section 34506, relating
to vehicles described in subdivisions (a) to (g), inclusive, of
Section 34500.
(g) Subdivision (a) of Section 34501.3, relating to unlawful
scheduling of runs by motor carriers.
(h) Subdivision (g) of Section 34506, relating to school pupil
activity buses.
(i) Subparagraph (D) of paragraph (4) of subdivision (a) of
Section 34505.9, relating to intermodal chassis.
40000.22. (a) A violation of subdivision (e) of Section 34501,
subdivision (f) of Section 34501.12, or subdivision (c) of Section
34501.14, relating to applications for inspections, is a misdemeanor
and not an infraction.
(b) A violation of Division 14.85 (commencing with Section 34600),
relating to motor carriers of property, is a misdemeanor and not an
infraction.
40000.23. A violation of any of the following provisions is a
misdemeanor, and not an infraction:
(a) Paragraph (1) of subdivision (c) of Section 35784, relating to
give notice of that fact to the department. Whenever thereafter
the
matter is adjudicated, including a dismissal of the charges upon
forfeiture of bail or otherwise, the magistrate or clerk of the
court
hearing the matter shall immediately (1) endorse a certificate to
that effect, (2) provide the person or the person's attorney with a
copy of the certificate, and (3) transmit a copy of the certificate
to the department.
(b) No notice of noncompliance may be transmitted to the
department pursuant to subdivision (a) if a warrant of arrest has
been issued on the same offense pursuant to subdivision (b) of
Section 40002. No warrant of arrest may be issued pursuant to
subdivision (b) of Section 40002 if a notice of noncompliance has
been transmitted to the department on the same offense pursuant to
this section, except that, when a notice has been received by the
court pursuant to subdivision (c) of Section 4766 or recalled by
motion of the court, a warrant may then be issued.
40003. Whenever an employee is prosecuted for a violation of any
provision of this code, or regulations promulgated pursuant to this
code, relating to the size, weight, registration, equipment, or
loading of a vehicle while operating a vehicle he was employed to
operate, and which is owned by his employer, the court shall on the
request of the employee take appropriate proceedings to make the
owner of the vehicle a codefendant. In the event it is found that
the employee had reasonable grounds to believe that the vehicle
operated by him as an employee did not violate such provisions, and
in the event the owner is found guilty under the provisions of
Section 40001, the court may dismiss the charges against the
employee.
In those cases in which the charges against the employee are
dismissed, the abstract of the record of the court required by
Section 1803 shall clearly indicate that such charges were
dismissed
and that the owner of the vehicle was found guilty under Section
40001.
40004. (a) The period for commencing criminal action against any
person having filed or caused to be filed any false, fictitious,
altered, forged or counterfeit document with the Department of
Motor
Vehicles or the Department of the California Highway Patrol shall,
if
the offense is a misdemeanor, expire one year from time of
discovery
of such act.
(b) The period for commencing criminal action against any person
having filed or caused to be filed any false, fictitious, altered,
forged or counterfeit document with the Department of Motor
Vehicles
or the Department of the California Highway Patrol shall, if the
offense is a felony, expire three years from time of discovery of
such act.
(c) The time allowed for commencing criminal proceedings as
provided in subdivisions (a) and (b) of this section shall not
extend
beyond five years from the date of commission of the act.
40005. Whenever a driver is cited for a violation of any provision
of this code, or regulations promulgated pursuant to this code,
relating to the size, weight, equipment, registration, fees, or
loading of a vehicle, while operating a vehicle he was employed or
otherwise directed to operate, and which is not owned by him, and
the
driver gives the citation to the owner or any other person referred
to in Section 40001, if the owner or other person undertakes to
answer the charge or otherwise to cause its disposition without any
further action by the driver and then fails to act in accordance
with
the undertaking as a consequence of which a warrant is issued for
the arrest of the driver, the owner or other person is guilty of a
misdemeanor.
40006. Whenever a disabled vehicle, being taken to a repair shop,
garage, or other place of storage, is being towed upon a highway by
a
tow car and the vehicle is determined to be in violation of
subdivision (a) of Section 4000, the violation shall be charged as
prescribed in Section 40001.
40007. Division 5 (commencing with Section 11100) does not
preclude
the application of any other statutory provision which is
applicable
to any act violating any provision of Division 5.
special
permit violations.
(b) Subdivision (a) of Section 35784.5 relating to extralegal
loads and operation of vehicles without a special permit.
(c) Other provisions of Chapter 5 (commencing with Section 35550)
of Division 15, which relate to weight restrictions, except in cases
of weight violations where the amount of excess weight is less than
4,501 pounds.
40000.24. A violation of any of the following provisions shall
constitute a misdemeanor and not an infraction:
(a) Subdivision (c) of Section 38301.5, relating to unauthorized
operation of a vehicle within a mountain fire district.
(b) Section 38316, relating to reckless driving.
(c) Section 38317, relating to reckless driving with injury.
(d) Subdivision (a) of Section 38318 or subdivision (a) of Section
38318.5, relating to off-highway vehicles.
(e) Section 38319, relating to protection of the environment.
(f) Section 38320, relating to the depositing of matter.
40000.25. A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
Section 40005, relating to owner's responsibility.
Section 40504, relating to false signatures.
Section 40508, relating to failure to appear or to pay fine.
Section 40519, relating to failure to appear.
Section 40614, relating to use of a fictitious name.
Section 40616, relating to a willful violation of a notice to
correct.
Section 42005, relating to failure to attend traffic school.
that unless he or she appears in the court designated in the notice
within 10 days after service of the notice and answers the charge,
renewal of registration of the vehicle involved in the offense may be
precluded or a warrant may be issued against him or her. The notice
shall be given as prescribed by Section 22.
40002.1. (a) Whenever any person has failed to appear in the court
designated in the notice specified in subdivision (b) of Section
40002, following personal service of the notice or deposit in the
mail pursuant to Section 22, the magistrate or clerk of the court may
40000.26. A violation of subdivision (g) of Section 34501.12 or
subdivision (d) of Section 34501.14, relating to inspections, is a
misdemeanor and not an infraction.
40000.28. Any offense which would otherwise be an infraction is a
misdemeanor if a defendant has been convicted of three or more
violations of this code or any local ordinance adopted pursuant to
this code within the 12-month period immediately preceding the
commission of the offense and such prior convictions are admitted by
the defendant or alleged in the accusatory pleading. For this
purpose, a bail forfeiture shall be deemed to be a conviction of the
offense charged.
This section shall have no application to violations by
pedestrians.
40001. (a) It is unlawful for the owner, or any other person,
employing or otherwise directing the driver of any vehicle to cause
the operation of the vehicle upon a highway in any manner contrary to
law.
(b) It is unlawful for an owner to request, cause, or permit the
operation of any vehicle that is any of the following:
(1) Not registered or for which any fee has not been paid under
this code.
(2) Not equipped as required in this code.
(3) Not in compliance with the size, weight, or load provisions of
this code.
(4) Not in compliance with the regulations promulgated pursuant to
this code, or with applicable city or county ordinances adopted
pursuant to this code.
(5) Not in compliance with the provisions of Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code and
the rules and regulations of the State Air Resources Board.
(c) Any employer who violates an out-of-service order, that
complies with Section 396.9 of Title 49 of the Code of Federal
Regulations, or who knowingly requires or permits a driver to violate
or fail to comply with that out-of-service order, is guilty of a
misdemeanor.
(d) Whenever a violation is chargeable to the owner or lessee of a
vehicle pursuant to subdivision (a) or (b), the driver shall not be
arrested or cited for the violation unless the vehicle is registered
in a state or country other than California, or unless the violation
is for an offense that is clearly within the responsibility of the
driver. The Department of the California Highway Patrol shall report
to the Legislature on or before January 1, 1988, concerning the
effects of this subdivision.
(e) Whenever the owner, or lessee, or any other person is
prosecuted for a violation pursuant to this section, the court may,
on the request of the defendant, take appropriate steps to make the
driver of the vehicle, or any other person who directs the loading,
maintenance or operation of the vehicle, or any other person who
gives false or erroneous information in a written certification of
actual gross weight, a codefendant. However, the court may make the
driver a codefendant only if the driver is the owner or lessee of the
vehicle, or the driver is an employee or a contractor of the
defendant who requested the court to make the driver a codefendant.
If the codefendant is held solely responsible and found guilty, the
court may dismiss the charge against the defendant.
(f) In any prosecution under this section, it is a rebuttable
presumption that any person who gives false or erroneous information
in a written certification of actual gross cargo weight has directed,
requested, caused, or permitted the operation of a vehicle in a
manner contrary to law in violation of subdivision (a) or (b), or
both.
40002. (a) Whenever a written notice to appear has been mailed to
an owner of a vehicle or other person referred to in Section 40001,
an exact and legible duplicate copy of the notice when filed with the
magistrate, in lieu of a verified complaint, is a complaint to which
the defendant may plead "guilty."
If, however, the defendant fails to appear in court or does not
deposit lawful bail, or pleads other than "guilty" of the offense
charged, a complaint shall be filed which shall conform to Chapter 2
(commencing with Section 948) of Title 5 of Part 2 of the Penal Code,
and which shall be deemed to be an original complaint, and
thereafter proceedings shall be had as provided by law, except that a
defendant may, by an agreement in writing, subscribed by the
defendant and filed with the court, waive the filing of a verified
complaint and elect that the prosecution may proceed upon a written
notice to appear.
(b) A warrant of arrest shall not be issued against an owner of a
vehicle or other person referred to in Section 40001 following the
filing of a complaint for an offense under that section if the owner
or person was not driving the vehicle involved unless the owner or
other person is given notice of the offense charged and is informed