Enacted by Stats. 1959, Ch. 3.
Unless the provision or context otherwise requires, these definitions shall govern the construction of this code.
California Vehicle Code — §§ 100-681
Enacted by Stats. 1959, Ch. 3.
Unless the provision or context otherwise requires, these definitions shall govern the construction of this code.
Added by renumbering Section 95 by Stats. 1992, Ch. 974, Sec. 2. Effective September 28, 1992.
“Ability to respond in damages” means financial responsibility.
Enacted by Stats. 1959, Ch. 3.
An “agricultural water-well boring rig” is a motor vehicle which is used exclusively in the boring of water-wells on agricultural property.
Added by Stats. 1963, Ch. 207.
“Airbrakes” means a brake system using compressed air either for actuating the service brakes at the wheels of the vehicle or as a source of power for controlling or applying service brakes which are actuated through hydraulic or other intermediate means.
Added by renumbering Section 23151 by Stats. 1982, Ch. 53, Sec. 25. Effective February 18, 1982.
“Alcoholic beverage” includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. Alcoholic beverage includes a mixture of one or more alcoholic beverages whether found or ingested separately or as a mixture.
For purposes of the Driver License Compact, “intoxicating liquor” as used in Section 15023 has the same meaning as “alcoholic beverage” as used in this code.
Amended by Stats. 1965, Ch. 833.
“Alley” is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property; provided, that the City and County of San Francisco may designate by ordinance or resolution as an “alley” any highway having a roadway not exceeding 25 feet in width.
Amended by Stats. 2014, Ch. 279, Sec. 1. (AB 988) Effective January 1, 2015.
of the highway by an operator with no more than one passenger.
Added by Stats. 1987, Ch. 881, Sec. 2.
An “all-terrain vehicle safety instructor” is a person who is sponsored by an all-terrain vehicle safety training organization, who has completed a course in all-terrain vehicle safety instruction administered by an approved all-terrain vehicle safety training organization, and who has been licensed by the department pursuant to Section 11105.1.
Added by Stats. 1987, Ch. 881, Sec. 3.
An “all-terrain vehicle safety training organization” is any organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105.6.
Added by Stats. 1977, Ch. 287.
“Amber” has the same meaning as “yellow,” and is within the chromaticity coordinate boundaries for yellow specified in regulations adopted by the Department of the California Highway Patrol.
Enacted by Stats. 1959, Ch. 3.
An “armored car” is a vehicle that is equipped with materials on either the front, sides, or rear for the protection of persons therein from missiles discharged from firearms.
Amended by Stats. 2021, Ch. 282, Sec. 1. (AB 798) Effective January 1, 2022.
An authorized emergency vehicle is:
emergency, fire, ambulance, or lifesaving calls. For the purposes of this section and the provisions of Sections 2501 and 2510, a vehicle used in responding to emergency, fire, ambulance, or lifesaving calls owned or operated by a federally recognized Indian tribe is considered an authorized emergency vehicle.
Amended by Stats. 1996, Ch. 1023, Sec. 421. Effective September 29, 1996.
No act or omission of any rescue team operating in conjunction with an authorized emergency vehicle as defined in Section 165, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team or the owners or operators of any authorized emergency vehicle, if good faith is exercised.
For the purposes of this section, “rescue team” means a special group of physicians and surgeons, nurses, volunteers, or employees of the owners or operators of the authorized emergency vehicle who have been trained in cardiopulmonary resuscitation and have been designated by the owners or operators of the emergency vehicle to attempt to resuscitate persons who are in immediate danger of loss of life in cases of emergency.
This section shall not relieve the owners or operators of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team.
Members of a rescue team shall receive the training in a program approved by, or conforming to, standards prescribed by an emergency medical care committee established pursuant to Article 3 (commencing with Section 1797.270) of Chapter 4 of Division 2.5 of the Health and Safety Code, or a voluntary area health planning agency established pursuant to Section 127155 of the Health and Safety Code.
Added by Stats. 1994, Ch. 1253, Sec. 3. Effective January 1, 1995.
An “autobroker” or “auto buying service” is a dealer, as defined in Section 285, who engages in the business of brokering, as defined in Section 232.5.
Amended by Stats. 2023, Ch. 91, Sec. 1. (AB 705) Effective January 1, 2024.
An “autoette” is a motor vehicle, located on a natural island with an area in excess of 20,000 acres and that is within a county having a population in excess of 4,000,000, that meets all of the following requirements:
Amended (as amended by Stats. 1995, Ch. 922, Sec. 1) by Stats. 1998, Ch. 54, Sec. 1. Effective January 1, 1999.
An “automated enforcement system” is any system operated by a governmental agency, in cooperation with a law enforcement agency, that photographically records a driver’s responses to a rail or rail transit signal or crossing gate, or both, or to an official traffic control signal described in Section 21450, and is designed to obtain a clear photograph of a vehicle’s license plate and the driver of the vehicle.
Amended by Stats. 2023, Ch. 537, Sec. 1. (AB 641) Effective January 1, 2024.
paragraph (2) of subdivision (b), a “junk dealer,” as defined in Section 21601 of the Business and Professions Code, a “recycler,” as defined in Section 21605 of the Business and Professions Code, or a “commercial enterprise” or “core recycler,” as defined in Section 21610 of the Business and Professions Code, is not an automobile dismantler even if it possesses nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement.
Amended by Stats. 2023, Ch. 537, Sec. 2. (AB 641) Effective January 1, 2024.
(ii) For use by a licensed dismantler or an entity described in paragraph (3).
(D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes:
(ii) For use by a licensed
dismantler or an entity described in paragraph (3).
acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520.
Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension.
evidencing clearance or abatement to the certification required pursuant to this section.
All forms specified in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace officer during business hours.
Amended by Stats. 1980, Ch. 676, Sec. 305.
Any reference in this code to “automobile driver training” shall be deemed to refer to the laboratory phase of driver education described by Section 51852 of the Education Code.
Enacted by Stats. 1959, Ch. 3.
An “auxiliary dolly” is a vehicle, not designed for carrying persons or property on its own structure, which is so constructed and used in conjunction with a semitrailer as to support a portion of the weight of the semitrailer and any load thereon, but not permanently attached to the semitrailer, although a part of the weight of such dolly may rest on another vehicle.
Enacted by Stats. 1959, Ch. 3.
An “axle” is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion.
Added by Stats. 1991, Ch. 13, Sec. 13. Effective February 13, 1991.
A “B-train assembly” is a rigid frame extension attached to the rear frame of a semitrailer which allows for a fifth wheel connection point for a second semitrailer.
Amended by Stats. 2021, Ch. 311, Sec. 1. (SB 814) Effective January 1, 2022.
A bicycle is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.
Added by Stats. 2009, Ch. 200, Sec. 5. (SB 734) Effective January 1, 2010.
A “bicycle path” or “bike path” is a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code.
Added by Stats. 2009, Ch. 200, Sec. 6. (SB 734) Effective January 1, 2010.
Added by Stats. 1973, Ch. 996.
The “board” is the New Motor Vehicle Board.
Added by Stats. 1994, Ch. 1253, Sec. 4. Effective January 1, 1995.
“Brokering” is an arrangement under which a dealer, for a fee or other consideration, regardless of the form or time of payment, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another or others.
Amended by Stats. 1994, Ch. 675, Sec. 1. Effective January 1, 1995.
Added by Stats. 1990, Ch. 1563, Sec. 1.
A “business” includes a proprietorship, partnership, corporation, and any other form of commercial enterprise.
Enacted by Stats. 1959, Ch. 3.
A “business district” is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists.
Added by Stats. 1990, Ch. 1563, Sec. 2.
A “business representative” means a proprietor, a limited or general partner, a managerial employee, a stockholder, a director, or an officer who is active in the management, direction, and control of that part of a business which is a licensed activity.
Enacted by Stats. 1959, Ch. 3.
In determining whether a highway is within a business or residence district, the following limitations shall apply and shall qualify the definitions in Sections 235 and 515:
Added by Stats. 2012, Ch. 741, Sec. 2. (AB 1534) Effective January 1, 2013.
A “buy-here-pay-here” dealer is a dealer, as defined in Section 285, who is not otherwise expressly excluded by Section 241.1, and who does all of the following:
90 percent of all unrescinded conditional sale contracts and lease contracts to unaffiliated third-party finance or leasing sources within 45 days of the consummation of those contracts.
Added by Stats. 2012, Ch. 741, Sec. 3. (AB 1534) Effective January 1, 2013.
The term “buy-here-pay-here” dealer does not include any of the following:
the National Institute for Automotive Service Excellence.
Added by Stats. 1971, Ch. 1536.
A “camp trailer” is a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes, that does not exceed 16 feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed 96 inches in width and includes any tent trailer. Where a trailer telescopes for travel, the size shall apply to the trailer as fully extended. Notwithstanding any other provision of law, a camp trailer shall not be deemed to be a trailer coach.
Amended by Stats. 1968, Ch. 228.
A “camper” is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A camper having one axle shall not be considered a vehicle.
Enacted by Stats. 1959, Ch. 3.
A “carry-all” is that type of earth-moving equipment which is not self-propelled but which is designed for use behind tractors or other motive power and which is self-loading by means of a cutting blade which is lowered at an angle to dig into the ground. The term includes, but is not limited to, such types of vehicles as carry the trade names of LaPlant-Choate, LeTourneau, and Be Ge.
Amended by Stats. 1999, Ch. 1007, Sec. 15. Effective January 1, 2000.
A “certificate of compliance” for the purposes of this code is an electronic or printed document issued by a state agency, board, or commission, or authorized person, setting forth that the requirements of a particular law, rule or regulation, within its jurisdiction to regulate or administer has been satisfied.
Added by Stats. 1993, Ch. 386, Sec. 1. Effective September 8, 1993.
A “chop shop” is any building, lot, or other premises where any person has been engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order to do either of the following:
Enacted by Stats. 1959, Ch. 3.
“City” includes every city and city and county within this State.
Added by Stats. 1993, Ch. 1159, Sec. 4. Effective January 1, 1994.
A “clean fuel vehicle” means any passenger or commercial vehicle or pickup truck that is fueled by alternative fuels, as defined in Section 301 of the Energy Policy Act of 1992 (P.L. 102-486), and produces emissions which do not exceed whichever of the following standards, as defined by regulations of the State Air Resources Board in effect on January 1, 1994, is applicable to the model year of the vehicle:
Added by Stats. 2004, Ch. 107, Sec. 1. Effective January 1, 2005.
“Collector motor vehicle” means a motor vehicle owned by a collector, as defined in subdivision (a) of Section 5051, and the motor vehicle is used primarily in shows, parades, charitable functions, and historical exhibitions for display, maintenance, and preservation, and is not used primarily for transportation.
Amended by Stats. 2003, Ch. 222, Sec. 1. Effective January 1, 2004.
Enacted by Stats. 1959, Ch. 3.
The “commissioner” is the Commissioner of the California Highway Patrol.
Amended by Stats. 1991, Ch. 815, Sec. 1.
A “consignment” is an arrangement under which a dealer agrees to accept possession of a vehicle of a type required to be registered under this code from an owner for the purpose of selling the vehicle and to pay the owner or the owner’s designee from the proceeds of the sale.
Added by Stats. 1995, Ch. 211, Sec. 1. Effective January 1, 1996.
A “converter” is a person, other than a vehicle manufacturer, who, prior to the retail sale of a new vehicle, does any of the following to the vehicle:
Enacted by Stats. 1959, Ch. 3.
“County” includes every county and city and county within this State.
Added by Stats. 1986, Ch. 960, Sec. 1.
A “crib sheet” or “cribbing device” is any paper or device designed for cheating by supplying examination answers without questions to an applicant for the purpose of fraudulently qualifying the applicant for any class of driver’s license, permit, or certificate.
Enacted by Stats. 1959, Ch. 3.
“Crosswalk” is either:
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.
Amended by Stats. 1974, Ch. 635.
“Darkness” is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.
Amended by Stats. 2005, Ch. 270, Sec. 8. Effective January 1, 2006.
“Dealer” is a person not otherwise expressly excluded by Section 286 who:
Amended by Stats. 2004, Ch. 836, Sec. 2. Effective January 1, 2005.
The term “dealer” does not include any of the following:
(A) The institution or organization qualifies for state tax-exempt status under Section 23701d of the Revenue and Taxation Code, and tax-exempt status under Section 501(c)(3) of the federal Internal Revenue Code.
(B) The vehicles sold were donated to the nonprofit charitable, religious, or educational institution or organization.
(C) The vehicles subject to retail sale meet all of the applicable equipment requirements of Division 12 (commencing with Section 24000) and are in compliance with emission control requirements as evidenced by the issuance of a certificate pursuant to subdivision (b) of Section 44015 of the Health and Safety Code. Under no circumstances may any institution or organization transfer the responsibility of obtaining a smog inspection certificate to the buyer of the vehicle.
(D) The proceeds of the sale of the vehicles are retained by that institution or organization for its charitable, religious, or educational purposes.
Added by Stats. 2000, Ch. 861, Sec. 12. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.
“Declared combined gross weight” equals the total unladen weight of the combination of vehicles plus the heaviest load that will be transported by that combination of vehicles.
Added by Stats. 2000, Ch. 861, Sec. 13. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.
“Declared gross vehicle weight” means weight that equals the total unladen weight of the vehicle plus the heaviest load that will be transported on the vehicle.
Amended by Stats. 1988, Ch. 1384, Sec. 1.
“Department” means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14.1 (commencing with Section 32000), 14.3 (commencing with Section 32100), 14.5 (commencing with Section 33000), 14.7 (commencing with Section 34000), and 14.8 (commencing with Section 34500), it shall mean the Department of the California Highway Patrol.
Amended by Stats. 1982, Ch. 454, Sec. 178.
Any reference in this code to the Department of Public Works shall be deemed to refer to the Department of Transportation, which is part of the Business, Transportation and Housing Agency as provided by Section 13975 of the Government Code.
Enacted by Stats. 1959, Ch. 3.
The “director” is the Director of Motor Vehicles.
Added by Stats. 1989, Ch. 554, Sec. 1.
A “disabled person” is any of the following:
Added by Stats. 1989, Ch. 554, Sec. 2.
A “disabled veteran” is any person who, as a result of injury or disease suffered while on active service with the armed forces of the United States, suffers any of the following:
Amended by Stats. 2004, Ch. 836, Sec. 3. Effective January 1, 2005.
A “distributor” is any person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014.1, or new off-highway motorcycles or all-terrain vehicles subject to identification under this code, to dealers in this state and maintains representatives for the purpose of contacting dealers or prospective dealers in this state.
Amended by Stats. 2001, Ch. 539, Sec. 4. Effective January 1, 2002.
A “distributor branch” is an office maintained by a distributor for the sale of new vehicles or new trailers subject to identification pursuant to Section 5014.1 to dealers or for directing or supervising, in whole or in part, the distributor’s representatives.
Enacted by Stats. 1959, Ch. 3.
A “drawbar” is a rigid structure forming a connection between a trailer and a towing vehicle, securely attached to both vehicles by nonrigid means and carrying no part of the load of either vehicle.
Added by Stats. 1961, Ch. 1989.
A “driveaway-towaway operation” is any operation in which any motor vehicle or combination of motor vehicles coupled together constitutes the commodity being transported, when one or more sets of wheels of any such motor vehicle or motor vehicles are on the roadway, and when one or more of such vehicles are being operated under a manufacturer's, dealer's, or transporter’s special plates.
Amended by Stats. 1971, Ch. 213.
A “driver” is a person who drives or is in actual physical control of a vehicle. The term “driver” does not include the tillerman or other person who, in an auxiliary capacity, assists the driver in the steering or operation of any articulated firefighting apparatus.
Amended by Stats. 1971, Ch. 213.
A “driver’s license” is a valid license to drive the type of motor vehicle or combination of vehicles for which a person is licensed under this code or by a foreign jurisdiction.
Added by Stats. 1975, Ch. 703.
A “driving instructor” is, except as provided in Section 11105.5, an employee of a driving school licensed by the department to instruct others in the operation of motor vehicles.
Added by Stats. 1975, Ch. 703.
A “driving school” is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. As used in this section, “instruction” includes classroom driver education, in-vehicle driver training, and correspondence study.
Added by renumbering Section 311.5 by Stats. 1975, Ch. 703.
A “driving school operator” is either a driving school owner who operates his own driving school or an employee of a driving school who is designated by the driving school owner of such school to personally direct and manage the school for the owner.
Amended by Stats. 1975, Ch. 703.
A “driving school owner” is any person licensed by the department to engage in the business of giving instruction for compensation in the driving of motor vehicles or in the preparation of an applicant for examination for a driver’s license issued by the department.
Added by Stats. 1971, Ch. 1530.
The term “drug” means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.
Amended by Stats. 2024, Ch. 791, Sec. 2. (SB 1271) Effective January 1, 2025.
provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
20 miles per hour on motor power alone or to attain more than 750 watts of power.
on motor power alone or to have motor power of more than 750 watts.
Amended by Stats. 2007, Ch. 106, Sec. 1. Effective January 1, 2008.
The term “electric personal assistive mobility device” or “EPAMD” means a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.
Added by Stats. 2015, Ch. 777, Sec. 1. (AB 604) Effective January 1, 2016.
An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person,
and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.
Added by Stats. 2004, Ch. 615, Sec. 17. Effective January 1, 2005.
An “expressway” is a portion of highway that is part of either of the following:
Enacted by Stats. 1959, Ch. 3.
“Essential parts” are all integral and body parts of a vehicle of a type required to be registered under this code, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance.
Amended by Stats. 1992, Ch. 1243, Sec. 54. Effective September 30, 1992.
“Established place of business” is a place actually occupied either continuously or at regular periods by any of the following:
Added by Stats. 1983, Ch. 145, Sec. 1. Effective June 28, 1983.
An “extralegal load” is a single unit or an assembled item which, due to its design, cannot be reasonably reduced or dismantled in size or weight so that it can be legally transported as a load without a permit as required by Section 35780. This section does not apply to loads on passenger cars.
Added by Stats. 1980, Ch. 1150, Sec. 7.
“Factory-built housing” is a structure as defined in Section 19971 of the Health and Safety Code. As used in this code, factory-built housing is a trailer coach which is in excess of eight feet in width or in excess of 40 feet in length.
Amended by Stats. 2000, Ch. 308, Sec. 1. Effective January 1, 2001.
Added by Stats. 1990, Ch. 1358, Sec. 1.
A “fifth-wheel travel trailer” is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device.
Added by Stats. 1991, Ch. 893, Sec. 1.
A “former prisoner of war” is any person who, while serving as a member of the United States Armed Forces, as a member of the Philippine Commonwealth Armed Forces, as a part of a United States Expeditionary Force, or as a United States civilian, was held as a prisoner of war by forces hostile to the United States during any armed conflict and is currently a resident of California.
Enacted by Stats. 1959, Ch. 3.
A “foreign jurisdiction” is any other state, the District of Columbia, territories or possessions of the United States, and foreign states, provinces, or countries.
Enacted by Stats. 1959, Ch. 3.
A “foreign vehicle” is a vehicle of a type required to be registered under this code brought into this State from a foreign jurisdiction other than in the ordinary course of business, by or through a manufacturer or dealer and not registered in this State.
Amended by Stats. 2001, Ch. 539, Sec. 5. Effective January 1, 2002.
Amended by Stats. 2004, Ch. 836, Sec. 4. Effective January 1, 2005.
A “franchisee” is any person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 from the franchisor and who offers for sale or lease, or sells or leases the vehicles at retail or is granted the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
Amended by Stats. 2004, Ch. 836, Sec. 5. Effective January 1, 2005.
A “franchisor” is any person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014.1 and who grants a franchise.
Added by Stats. 2008, Ch. 743, Sec. 1. Effective January 1, 2009.
A “recreational vehicle franchise” is a written agreement between two or more persons having both of the following conditions:
Enacted by Stats. 1959, Ch. 3.
“Freeway” is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access.
Enacted by Stats. 1959, Ch. 3.
A “gantry truck” is a motor vehicle so designed and constructed that it straddles the load to be transported and by means of appropriate mechanism picks up the load and supports it during transportation.
Amended by Stats. 1993, Ch. 844, Sec. 1. Effective January 1, 1994.
“General public paratransit vehicle” means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. Vehicles used in the exclusive transportation of disabled persons as defined in Section 99206.5 of the Public Utilities Code, or of persons 55 years of age or older, including any persons necessary to provide assistance to these passengers, are not general public paratransit vehicles.
However, transportation of attendants, companions, or both traveling together with those individuals with disabilities who are determined to be eligible for complementary paratransit services in accordance with Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto, shall not be sufficient to qualify a vehicle as a general public paratransit vehicle.
A vehicle that provides local transportation for the general public through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service, but does not provide transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, is a transit bus, as defined by Section 642, and is not a general public paratransit vehicle.
Enacted by Stats. 1959, Ch. 3.
A “garage” is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation.
Added by Stats. 1968, Ch. 1303.
A “golf cart” is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver.
Added by renumbering Section 390 by Stats. 2000, Ch. 861, Sec. 14. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.
Amended by Stats. 1996, Ch. 1023, Sec. 422. Effective September 29, 1996.
“Hazardous material” is any substance, material, or device posing an unreasonable risk to health, safety, or property during transportation, as defined by regulations adopted pursuant to Section 2402.7. “Hazardous material” includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to Section 25141 of the Health and Safety Code and medical wastes, as defined in Section 117690 of the Health and Safety Code.
Enacted by Stats. 1959, Ch. 3.
“Highway” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
Amended by Stats. 1968, Ch. 875.
A “house car” is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motortruck.
Enacted by Stats. 1959, Ch. 3.
An “intersection” is the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
Amended by Stats. 1963, Ch. 1867.
A “legal owner” is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more.
Added by Stats. 1976, Ch. 1284.
Lessee includes “bailee” and is a person who leases, offers to lease, or is offered the lease of a motor vehicle for a term exceeding four months.
Added by Stats. 1976, Ch. 1284.
A “lessor” is a person who, for a term exceeding four months, leases or offers for lease, negotiates or attempts to negotiate a lease, or induce any person to lease a motor vehicle; and who receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from the lessee of said vehicle. “Lessor” includes “bailor” and “lease” includes “bailment.”
Amended by Stats. 1979, Ch. 561.
A “lessor-retailer” is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following:
Amended by Stats. 2011, Ch. 529, Sec. 2. (AB 607) Effective January 1, 2012.
“Lighting equipment” is any of the following lamps or devices:
designation, route number, run number, public service announcement, or any combination of this information, or an illuminated sign utilized pursuant to Section 25353.1.
Enacted by Stats. 1959, Ch. 3.
A “limit line” is a solid white line not less than 12 nor more than 24 inches wide, extending across a roadway or any portion thereof to indicate the point at which traffic is required to stop in compliance with legal requirements.
Added by Stats. 2014, Ch. 860, Sec. 10. (SB 611) Effective September 30, 2014.
driver, and is used in the transportation of passengers for hire. For purposes of this subdivision, “wheelbase” means the longitudinal distance between the vertical centerlines of the front and rear wheels.
Amended by Stats. 1977, Ch. 825.
“Liquefied petroleum gas” means normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit.
Enacted by Stats. 1959, Ch. 3.
“Local authorities” means the legislative body of every county or municipality having authority to adopt local police regulations.
Added by Stats. 2013, Ch. 523, Sec. 20. (SB 788) Effective January 1, 2014.
A “logging dolly” is a vehicle designed for carrying logs, having one or more axles that, if there are more than one, are not more than 54 inches apart, and used in connection with a motor truck solely for the purpose of transporting logs and securely connected with the towing vehicle both by a reach and by the load.
Added by Stats. 2013, Ch. 523, Sec. 21. (SB 788) Effective January 1, 2014.
A “logging vehicle” is a vehicle used exclusively in the conduct of logging operations and not designed for the transportation of persons or property on a highway.
Amended by Stats. 2006, Ch. 66, Sec. 1. Effective July 12, 2006.
Added by Stats. 1982, Ch. 791, Sec. 1.
A “managerial employee” is a person who exercises control over a business licensed under this code, whether compensated by salary or commission, including, but not limited to, any person who is employed as a general manager, business manager, assistant general manager, finance and insurance manager, advertising manager, or sales manager.
Amended by Stats. 1986, Ch. 1185, Sec. 1.
“Manufactured home” is a manufactured home, as defined in Section 18007 of the Health and Safety Code, a commercial coach, as defined in Section 18001. 8 of the Health and Safety Code, a mobilehome, as defined in Section 18008 of the Health and Safety Code, factory-built housing, as defined in Section 18971 of the Health and Safety Code, and a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer. Manufactured home does not include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code.
Amended by Stats. 1978, Ch. 797.
A “manufacturer branch” is an office maintained by a manufacturer for the sale of new vehicles to dealers or for directing or supervising in whole or in part the manufacturer’s representatives.
Enacted by Stats. 1959, Ch. 3.
A “metal tire” is a tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
Amended by Stats. 2011, Ch. 538, Sec. 1. (AB 1298) Effective January 1, 2012.
A “mobile billboard advertising display” means an advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising.
Amended by Stats. 1986, Ch. 1185, Sec. 2.
“Mobilehome” is a structure as defined in Section 18008 of the Health and Safety Code. For the purposes of enforcement of highway safety laws and regulations, a mobilehome is a trailer coach which is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer.
Amended by Stats. 2008, Ch. 672, Sec. 1. Effective January 1, 2009.
Amended by Stats. 1995, Ch. 342, Sec. 1. Effective January 1, 1996.
A “motor-driven cycle” is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406.
Amended by Stats. 2015, Ch. 568, Sec. 2. (AB 1096) Effective January 1, 2016.
The disclosure shall meet both of the following requirements:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
Amended by Stats. 1993, Ch. 1292, Sec. 3. Effective January 1, 1994.
A “motorized quadricycle” is a four-wheeled device, and a “motorized tricycle” is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000.
Amended by Stats. 2021, Ch. 311, Sec. 2. (SB 814) Effective January 1, 2022.
For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter.
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
disclosure required under paragraph (1) shall meet both of the following requirements:
Amended by Stats. 2016, Ch. 208, Sec. 7. (AB 2906) Effective January 1, 2017.
“Motor carrier” is the registered owner, lessee, licensee, or bailee of any vehicle set forth in Section 34500, who operates or directs the operation of any such vehicle on either a for-hire or not-for-hire basis. “Motor carrier” also includes a motor carrier’s agents, officers, and representatives, as well as employees responsible for the hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.
Amended by Stats. 1993, Ch. 272, Sec. 11. Effective August 2, 1993.
A “motor truck” or “motortruck” is a motor vehicle designed, used, or maintained primarily for the transportation of property.
Amended by Stats. 2004, Ch. 404, Sec. 1. Effective January 1, 2005.
Enacted by Stats. 1959, Ch. 3.
A “muffler” is a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.
Amended by Stats. 2020, Ch. 8, Sec. 20. (AB 85) Effective June 29, 2020.
“New motor vehicle dealer” is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. A distinction shall not be made, nor any different construction be given to the definition of “new motor vehicle dealer” and “dealer” except for the application of the provisions of Chapter 6 (commencing with Section 3000) of Division 2 and Sections 4456, 4750.6, and 11704.5. Sections 3001 and 3003 do not, however, apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.
Amended by Stats. 1994, Ch. 1253, Sec. 6. Effective January 1, 1995.
A “new vehicle” is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country.
Amended by Stats. 2002, Ch. 670, Sec. 1. Effective January 1, 2003.
A “nonrepairable vehicle” is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). The vehicle shall be issued a nonrepairable vehicle certificate and the vehicle, the vehicle frame, or unitized frame and body, as applicable, and as defined in Section 670.5, shall not be titled or registered.
Added by Stats. 1994, Ch. 1008, Sec. 6.5. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.
A “nonrepairable vehicle certificate” is a vehicle ownership document issued to the owner of a nonrepairable vehicle. Ownership of the vehicle may only be transferred two times on a nonrepairable vehicle certificate. A vehicle for which a nonrepairable vehicle certificate has been issued may not be titled or registered for use on the roads or highways of California. A nonrepairable vehicle certificate shall be conspicuously labeled with the word “nonrepairable” across the front.
Enacted by Stats. 1959, Ch. 3.
“Nonresident” is a person who is not a resident of this State.
Added by Stats. 1985, Ch. 1090, Sec. 1. Effective September 27, 1985.
“Nonresident daily commuter” means a person who is not a resident of this state, but who enters and leaves this state on a daily basis for the purpose of employment and whose vehicle is principally garaged out of this state.
Added by Stats. 1982, Ch. 1584, Sec. 5.
An “off-highway motorcycle” means a motorcycle or motor-driven cycle which is subject to identification under this code.
Added by Stats. 2025, Ch. 588, Sec. 1. (SB 586) Effective January 1, 2026.
An “off-highway electric motorcycle,” commonly referred to as an eMoto, is an off-highway motorcycle subject to identification under this code that meets all of the following requirements:
Amended by Stats. 1994, Ch. 1220, Sec. 51. Effective September 30, 1994.
An “official traffic control device” is any sign, signal, marking, or device, consistent with Section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.
Enacted by Stats. 1959, Ch. 3.
An “official traffic control signal” is any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
Added by Stats. 1969, Ch. 133.
An “oil well production service unit” is any vehicle specifically designed for and used exclusively in servicing oil wells which is only incidentally operated or moved on a highway.
Enacted by Stats. 1959, Ch. 3.
“Original driver’s license” means the first driver’s license issued a person under this code.
Amended by Stats. 1963, Ch. 1867.
An “owner” is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; the person entitled to the possession of a vehicle as the purchaser under a security agreement; or the State, or any county, city, district, or political subdivision of the State, or the United States, when entitled to the possession and use of a vehicle under a lease, lease-sale, or rental-purchase agreement for a period of 30 consecutive days or more.
Added by Stats. 1967, Ch. 162.
The Senate, Assembly, or any committees thereof, or the Governor’s office in possession and using vehicles under a lease, lease-sale, or rental-purchase agreement for a period of 30 consecutive days or more, unless otherwise provided in the lease or rental agreement, shall be exempt from the provisions of Section 460, upon the giving of written notice to the department of the desire to be so exempt.
Amended by Stats. 2004, Ch. 404, Sec. 2. Effective January 1, 2005.
A “paratransit vehicle” is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:
Added by Stats. 1961, Ch. 1608.
“Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
Added by Stats. 1990, Ch. 1360, Sec. 1.5.
A “passenger transportation vehicle” is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 10 persons including the driver, which requires the person to have in his or her immediate possession a valid driver’s license for the appropriate class of vehicle to be driven endorsed for passenger transportation.
Amended by Stats. 1999, Ch. 1008, Sec. 1. Effective January 1, 2000.
A “passenger vehicle” is any motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. The term “passenger vehicle” shall include a housecar.
Amended (as amended by Stats. 2004, Ch. 404, Sec. 3) by Stats. 2007, Ch. 106, Sec. 2. Effective January 1, 2008.
Amended by Stats. 2021, Ch. 311, Sec. 3. (SB 814) Effective January 1, 2022.
“Pedicab” means any of the following:
Added by Stats. 2000, Ch. 861, Sec. 15. Effective September 29, 2000. Operative December 31, 2001, pursuant to Sec. 67 of Ch. 861.
The department shall commence the “permanent trailer identification plate program,” on or after December 31, 2001, and may designate the method, consistent with this code, to be used by trailers, as defined in Section 5014.1, to receive an assigned permanent trailer identification plate for all trailers, except for trailer coaches and park trailers as described in subdivision (b) of Section 18010 of the Health and Safety Code, for identification purposes. An auxiliary dolly or tow dolly may be assigned a permanent trailer identification plate. The plate shall be in a size and design as determined by the department.
Amended by Stats. 1994, Ch. 1010, Sec. 225. Effective January 1, 1995.
“Person” includes a natural person, firm, copartnership, association, limited liability company, or corporation.
Amended by Stats. 1997, Ch. 652, Sec. 8. Effective January 1, 1998.
A “pickup truck” is a motor truck with a manufacturer’s gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. “Pickup truck” does not include a motor vehicle otherwise meeting the above definition, that is equipped with a bed-mounted storage compartment unit commonly called a “utility body.”
Added by Stats. 1982, Ch. 568, Sec. 1.
A “pilot car” is a motor vehicle, except a motorcycle, motorized bicycle, or motorized quadricycle, which is used to escort one or more other vehicles, when required, due to the vehicles’ size or character of load, in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority.
Added by Stats. 2005, Ch. 323, Sec. 1. Effective January 1, 2006.
Enacted by Stats. 1959, Ch. 3.
A “pole or pipe dolly” is a vehicle, other than a motor vehicle, having one or more axles which axles, if there be more than one, are not more than 54 inches apart, and two or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle.
Amended by Stats. 1977, Ch. 102.
A “power brake” is any breaking gear or mechanism that aids in applying the brakes of a vehicle and which utilizes vacuum, compressed air, electricity, or hydraulic pressure developed by the motive power of that vehicle for that purpose.
Enacted by Stats. 1959, Ch. 3.
A “pneumatic tire” is a tire inflated or capable of inflation with compressed air.
Enacted by Stats. 1959, Ch. 3.
“Private road or driveway” is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public.
Amended by Stats. 1977, Ch. 406.
A “private school” is any school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church.
Added by Stats. 2012, Ch. 165, Sec. 1. (AB 1595) Effective January 1, 2013.
“Recreational off-highway vehicle” means a motor vehicle meeting all of the following criteria:
a maximum speed capability of 30 miles per hour or less but is modified so that it has a maximum speed capability of greater than 30 miles per hour satisfies the criteria set forth in this subdivision.
Enacted by Stats. 1959, Ch. 3.
A “registered owner” is a person registered by the department as the owner of a vehicle.
Amended by Stats. 2006, Ch. 419, Sec. 2. Effective January 1, 2007.
Added by Stats. 1973, Ch. 889.
“Registration year” is the period of time beginning with the date the vehicle is first required to be registered in this state and ending on the date designated by the director for expiration of the registration or the period of time designated for subsequent renewal thereof.
Added by Stats. 1973, Ch. 996.
The “relevant market area” is any area within a radius of 10 miles from the site of a potential new dealership.
Added by Stats. 1983, Ch. 1286, Sec. 11.
A “remanufactured vehicle” is a vehicle that has been constructed by a licensed remanufacturer and consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension. Remanufactured vehicles may be sold under a distinctive trade name. An existing vehicle which is incidently repaired, restored, or modified by replacing or adding parts or accessories is not a remanufactured vehicle.
Added by Stats. 1983, Ch. 1286, Sec. 12.
A “remanufacturer” is any person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. A remanufacturer is not a person who incidently repairs, restores, or modifies an existing vehicle by replacing or adding parts or accessories.
Added by Stats. 1976, Ch. 1284.
A “renter” is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price.
Enacted by Stats. 1959, Ch. 3.
A “repair shop” is a place where vehicles subject to registration under this code are repaired, rebuilt, reconditioned, repainted, or in any way maintained for the public at a charge.
Added by Stats. 1973, Ch. 996.
A “representative” is any person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer’s or distributer’s vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose.
Enacted by Stats. 1959, Ch. 3.
A “residence district” is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.
Amended by Stats. 1991, Ch. 13, Sec. 17. Effective February 13, 1991.
“Resident” means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
The following are evidence of residency for purposes of vehicle registration:
Added by Stats. 1976, Ch. 1284.
A “retail sale” is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale.
Added by Stats. 1991, Ch. 648, Sec. 1.
A “retarder” is a device, other than a brake, which, when activated by the driver, applies a retarding force to the wheels of a vehicle without the use of friction. A retarder may be installed in or on the engine, exhaust system, drive train, or wheels of a motor vehicle, or an axle or wheels of a towed vehicle. A retarder may operate by altering the valve timing of the engine, by controlling the flow of a circulating fluid, by applying an electromagnetic force, by controlling the release of gases from the exhaust system, or by other means. A retarder may or may not be capable of stopping the vehicle upon which it is installed.
Added by Stats. 2002, Ch. 670, Sec. 2. Effective January 1, 2003.
“Revived salvage vehicle” means a total loss salvage vehicle as defined in Section 544, or a vehicle reported for dismantling pursuant to Section 5500 or 11520, that has been rebuilt or restored to legal operating condition with new or used component parts.
Added by Stats. 1982, Ch. 185, Sec. 5.
“Ridesharing” means two or more persons traveling by any mode, including, but not limited to, carpooling, vanpooling, buspooling, taxipooling, jitney, and public transit.
Enacted by Stats. 1959, Ch. 3.
“Right-of-way” is the privilege of the immediate use of the highway.
Added by Stats. 1980, Ch. 361, Sec. 1.
Enacted by Stats. 1959, Ch. 3.
A “roadway” is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
Added by Stats. 2012, Ch. 168, Sec. 1. (AB 2111) Effective January 1, 2013.
“Utility-terrain vehicle” means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
Amended by Stats. 1979, Ch. 723.
Safety glazing material is any glazing material so constructed, treated, or combined with other materials as to reduce, in comparison with ordinary sheet, plate, or floatglass, the likelihood of injury to persons by glazing material whether it may be broken or unbroken.
Enacted by Stats. 1959, Ch. 3.
A “safety zone” is the area or space lawfully set apart within a roadway for the exclusive use of pedestrians and which is protected, or which is marked or indicated by vertical signs, raised markers or raised buttons, in order to make such area or space plainly visible at all times while the same is set apart as a safety zone.
Amended by Stats. 1994, Ch. 1008, Sec. 7. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.
“Salvage pool” means a person engaged exclusively in the business of disposing of total loss salvage vehicles, nonrepairable vehicles, or recovered stolen vehicles sent to it by, or on behalf of, insurance companies, authorized adjusters, leasing companies, self-insured persons, or financial institutions.
Added by Stats. 2002, Ch. 670, Sec. 3. Effective January 1, 2003.
“Salvage vehicle rebuilder” means any person who rebuilds a total loss salvage vehicle, as defined in Section 544, or a vehicle reported for dismantling pursuant to Section 11520, for subsequent resale. A person who, for personal use, rebuilds a total loss salvage vehicle, or a vehicle reported for dismantling, and registers that vehicle in his or her name, is not a salvage vehicle rebuilder. Nothing in this section exempts a salvage vehicle rebuilder from any applicable licensing requirements under this code.
Amended by Stats. 2003, Ch. 451, Sec. 4. Effective January 1, 2004.
“Total loss salvage vehicle” means either of the following:
Amended by Stats. 2018, Ch. 92, Sec. 208. (SB 1289) Effective January 1, 2019.
vehicle operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public, or on a run scheduled in response to a request from a disabled pupil confined to a wheelchair, or from a parent of the disabled pupil, for transportation to or from nonschool activities, and the motor vehicle is designed for and actually carries not more than 16 persons including the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service.
Developmental Services if the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle.
In areas where expanded school services require expanded transportation of public school pupils, as determined by the governing board of a school district, general public paratransit vehicles shall not be used to transport those pupils for a period of three years from the date that a need for expansion is identified. For purposes of this section, a pupil is defined as a student at or below the 12th grade level who is being transported to a mandated school activity.
of pupils to or from school-related activities if the vehicle is operated by a passenger charter-party carrier certified and licensed by the Public Utilities Commission pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code that is not under a contractual agreement with a school or school district, and the transportation does not duplicate schoolbus service or any other transportation services for pupils contracted, arranged, or otherwise provided by the school or school district.
Amended by Stats. 2001, Ch. 739, Sec. 2. Effective January 1, 2002.
Added by Stats. 1995, Ch. 400, Sec. 1. Effective January 1, 1996.
Added by Stats. 1981, Ch. 813, Sec. 6.
A “school pupil activity bus” is any motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. As used in this section, common carrier, publicly owned or operated transit system, and passenger charter-party carrier refer to carriers in business for the principal purpose of transporting members of the public on a commercial basis. This section shall not apply to a motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a school activity trip entering or returning to the state from another state or country.
The driver of a school pupil activity bus shall be subject to the regulations adopted by the California Highway Patrol governing schoolbus drivers, except that the regulations shall not require drivers to duplicate training or schooling that they have otherwise received which is equivalent to that required pursuant to the regulations, and the regulations shall not require drivers to take training in first aid. However, a valid certificate to drive a school pupil activity bus shall not entitle the bearer to drive a schoolbus.
Enacted by Stats. 1959, Ch. 3.
A “semitrailer” is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
Added by Stats. 2012, Ch. 168, Sec. 2. (AB 2111) Effective January 1, 2013.
“Shade trailer” means a device designed and utilized to provide shade pursuant to Section 3395 of Title 8 of the California Code of Regulations.
Added by Stats. 2022, Ch. 206, Sec. 1. (AB 2174) Effective January 1, 2023.
“Shared mobility device” means an electrically motorized board, as defined in Section 313.5, motorized scooter, as defined in Section 407.5, electric bicycle, as defined in Section 312.5, bicycle, as defined in Section 231, or other similar personal transportation device, except as provided in subdivision (b) of Section 415, that is made available to the public by a shared mobility device service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
Amended by Stats. 1959, Ch. 979.
“Sidewalk” is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.
Amended by Stats. 1989, Ch. 533, Sec. 2.
A “snowmobile” is a motor vehicle designed to travel over ice or snow in whole or in part on skis, belts, or cleats, which is commonly referred to as an Over Snow Vehicle (OSV).
Added by Stats. 1961, Ch. 26.
A “snow-tread tire” is a tire which has a relatively deep and aggressive tread pattern compared with conventional passenger tread pattern.
Amended by Stats. 2023, Ch. 219, Sec. 4. (SB 891) Effective January 1, 2024.
A “solid tire” is a tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. A nonpneumatic tire, as defined in Section 571.129 of Title 49 of the Code of Federal Regulations, is not a “solid tire” for purposes of complying with Division 12.
Amended by Stats. 1969, Ch. 90.
“Special construction equipment” is:
Amended by Stats. 1961, Ch. 1659.
“Special construction equipment” does not include any of the following:
Enacted by Stats. 1959, Ch. 3.
“Special mobile equipment” is a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
Amended by Stats. 1983, Ch. 1286, Sec. 13.
A “specially constructed vehicle” is a vehicle which is built for private use, not for resale, and is not constructed by a licensed manufacturer or remanufacturer. A specially constructed vehicle may be built from (1) a kit; (2) new or used, or a combination of new and used, parts; or (3) a vehicle reported for dismantling, as required by Section 5500 or 11520, which, when reconstructed, does not resemble the original make of the vehicle dismantled. A specially constructed vehicle is not a vehicle which has been repaired or restored to its original design by replacing parts.
Amended by Stats. 2013, Ch. 523, Sec. 22. (SB 788) Effective January 1, 2014.
A “station wagon” is a dual purpose vehicle designed for the transportation of persons and also designed in such a manner that the seats may be removed or folded out of the way for the purpose of increasing the property carrying space within the vehicle. The term includes, but is not limited to, types of vehicles which carry the trade names of station wagon, estate wagon, town and country wagon, and country sedan. A vehicle used primarily for the transportation of cadavers to or from a funeral home, mortuary, or burial site is not a station wagon.
Added by Stats. 1961, Ch. 1917.
“Stop or stopping” when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
Enacted by Stats. 1959, Ch. 3.
“Street” is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway.
Added by Stats. 1959, Ch. 659.
A “street” or “highway” shall not include those portions of a way or place in or upon which construction, alteration, or repair work is being performed insofar as the equipment performing such work and its operation are concerned. Where the work consists of a street or highway project, the limits of the project as shown or described in the plans or specifications of the awarding body shall be so excluded with reference to the equipment actually engaged in performing the work. The authority having jurisdiction over such way or place may include any or all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 in any permit issued for work on such way or place and the awarding body on any such street or highway project may include such requirements in the specifications for such project. It is the intention of the Legislature, in enacting this section, that this section shall not be construed to relieve any person from the duty of exercising due care.
Amended by Stats. 1969, Ch. 1213.
“Highway”, for the purposes of Division 3 (commencing with Section 4000), Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), and Division 15 (commencing with Section 35000), does not include a way or place under the jurisdiction of a federal governmental agency, which lies on national forest or private lands, is open to public use, and for which the cost of maintenance of such way or place is borne or contributed to directly by any users thereof.
Added by Stats. 2002, Ch. 670, Sec. 4. Effective January 1, 2003.
“Supplemental restraint system” means an automatic passive restraint system consisting of a bag that is designed to inflate upon collision, commonly referred to as an “airbag.”
Added by Stats. 1994, Ch. 832, Sec. 1. Effective January 1, 1995.
“Terminal” is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched.
Amended by Stats. 1969, Ch. 168.
A “through highway” is a highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is regulated by stop signs or traffic control signals or is controlled when entering on a separated right-turn roadway by a yield-right-of-way sign.
Added by Stats. 1990, Ch. 71, Sec. 1. Effective May 1, 1990.
“Tire traction devices” are devices or mechanisms having a composition and design capable of improving vehicle traction, braking, and cornering ability upon snow or ice-covered surfaces. Tire traction devices shall be constructed and assembled to provide sufficient structural integrity and to prevent accidental detachment from vehicles. Tire traction devices shall, at the time of manufacture or final assembly, bear a permanent impression indicating the name, initials, or trademark of the assembling company or primary manufacturer, and the country in which the devices were manufactured or assembled in final form.
Added by Stats. 1970, Ch. 216.
“Tire tread” is that portion of the tire, consisting of the ribs and grooves, which comes in contact with the roadway.
Added by Stats. 1992, Ch. 1241, Sec. 6. Effective January 1, 1993.
A “toll highway” or “toll road” is a publicly owned way or place open to the use of the public for purposes of vehicular travel which use requires the payment of a fee.
Amended by Stats. 2017, Ch. 310, Sec. 1. (AB 25) Effective January 1, 2018.
Amended by Stats. 1999, Ch. 456, Sec. 14. Effective January 1, 2000.
Added by Stats. 1983, Ch. 708, Sec. 1.
A “tow dolly” is a vehicle towed by a motor vehicle and designed and used exclusively to transport another motor vehicle and upon which the front or rear wheels of the towed motor vehicle are mounted, while the other wheels of the towed motor vehicle remain in contact with the ground. “Tow dolly” does not include a portable or collapsible dolly used as specified in Section 4014.
Enacted by Stats. 1959, Ch. 3.
The term “traffic” includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel.
Amended by Stats. 1983, Ch. 142, Sec. 159.
A “traffic officer” is any member of the California Highway Patrol, or any peace officer who is on duty for the exclusive or main purpose of enforcing Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000).
Amended by Stats. 2001, Ch. 457, Sec. 1. Effective January 1, 2002.
A “traffic violator school” is a business that, for compensation, provides, or offers to provide, instruction in traffic safety, including, but not limited to, classroom traffic violator curricula, for persons referred by a court pursuant to Section 42005 or to other persons who elect to attend.
Added by Stats. 1985, Ch. 396, Sec. 2. Effective July 30, 1985.
A “traffic violator school branch or classroom location” is any place where a traffic violator school conducts instruction or maintains records.
Added by Stats. 1985, Ch. 396, Sec. 3. Effective July 30, 1985.
A “traffic violator school instructor” is any person who provides instruction to traffic violators on behalf of a traffic violator school.
Added by Stats. 1985, Ch. 396, Sec. 4. Effective July 30, 1985.
A “traffic violator school operator” is the person who directs and manages the operations of a traffic violator school.
A “traffic violator school operator” may be either the traffic violator school owner or another person designated by the traffic violator school owner to personally direct and manage the traffic violator school for the traffic violator school owner.
Added by Stats. 1985, Ch. 396, Sec. 5. Effective July 30, 1985.
A “traffic violator school owner” is any natural person, association, or corporation that owns a traffic violator school.
Amended by Stats. 2021, Ch. 690, Sec. 1. (AB 43) Effective January 1, 2022.
sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
Amended by Stats. 1984, Ch. 542, Sec. 1.
A “trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. As used in Division 15 (commencing with Section 35000), “trailer” includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer.
Amended by Stats. 2000, Ch. 566, Sec. 3. Effective January 1, 2001.
A “trailer coach” is a vehicle, other than a motor vehicle, designed for human habitation or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. A “park trailer,” as described in Section 18009.3 of the Health and Safety Code, is a trailer coach.
Amended by Stats. 1994, Ch. 58, Sec. 1. Effective April 26, 1994.
A “trailer bus” is a trailer or semitrailer designed, used, or maintained for the transportation of more than 15 persons, including the driver, and includes a connected towing motor vehicle that is a motor truck, truck tractor, or bus.
Enacted by Stats. 1959, Ch. 3.
A “transferee” is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code.
Added by Stats. 1989, Ch. 1136, Sec. 2. Operative July 1, 1990, by Sec. 9 of Ch. 1136.
A “transit bus” is any bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. A general public paratransit vehicle is not a transit bus.
Amended by Stats. 1963, Ch. 444.
Enacted by Stats. 1959, Ch. 3.
A “trolley coach” is a vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
Amended by Stats. 1994, Ch. 88, Sec. 1. Effective January 1, 1995.
Added by Stats. 1979, Ch. 299.
A “truss” is an assemblage of beams, bars, or rods typically arranged in a triangle or combination of triangles to form a rigid framework and used as a structural support in buildings.
Amended by Stats. 1988, Ch. 924, Sec. 2.
The “unladen weight” of a vehicle is the weight equipped and ready for operation on the road including the body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor fuel; also equipment required by law, and unless exempted under Section 66l, any special cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle. Unladen weight shall not include any load or any machinery or mechanical apparatus, such as, but not limited to, wood saws, well-drilling machines, spray apparatus, tow truck cranes, and grinding equipment. The unladen weight of a vehicle shall have no application in determining any fee under this code or the Revenue and Taxation Code other than Section 9400.
Added by Stats. 1963, Ch. 2108.
Unladen weight shall not include the following machinery, equipment or attachment which is attendant to the efficient operation of the body or vehicle:
Amended by Stats. 1988, Ch. 1583, Sec. 2.
A “used vehicle” is a vehicle that has been sold, or has been registered with the department, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority, of any other state, District of Columbia, territory or possession of the United States or foreign state, province or country, or unregistered vehicles regularly used or operated as demonstrators in the sales work of a dealer or unregistered vehicles regularly used or operated by a manufacturer in the sales or distribution work of such manufacturer. The word “sold” does not include or extend to:
Added by Stats. 1970, Ch. 620.
A “U-turn” is the turning of a vehicle upon a highway so as to proceed in the opposite direction whether accomplished by one continuous movement or not.
Added by Stats. 2010, Ch. 491, Sec. 35. (SB 1318) Effective January 1, 2011.
Added by Stats. 1982, Ch. 46, Sec. 8.
A “vanpool vehicle” is any motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing.
Amended by Stats. 1975, Ch. 987.
A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
Added by Stats. 2002, Ch. 670, Sec. 5. Effective January 1, 2003.
A “vehicle frame” is defined as the main longitudinal structural members of the chassis of the vehicle, or for vehicles with unitized body construction, the lowest main longitudinal structural members of the body of the vehicle, used as the major support in the construction of the motor vehicle.
Amended by Stats. 2002, Ch. 670, Sec. 6. Effective January 1, 2003.
Amended by Stats. 2004, Ch. 836, Sec. 7. Effective January 1, 2005.
Amended by Stats. 1994, Ch. 1200, Sec. 92. Effective September 30, 1994.
Added by Stats. 1975, Ch. 700.
A “vehicle verifier” is a person not expressly excluded by Section 675.6 who inspects, records, documents, and submits to the department, or its authorized representative, such proof of vehicle identification as may be required by the department for the purpose of registering or transferring the ownership of vehicles.
Amended by Stats. 2018, Ch. 198, Sec. 17. (AB 3246) Effective January 1, 2019.
specified in subdivision (a) may perform the duties of a vehicle verifier without obtaining the special permit required in Section 11300.
Added by Stats. 1973, Ch. 889.
“Year-round registration” is a system whereby the director designates a date for the expiration of registration of a vehicle and renewal thereof in order to equalize the volume of such renewals throughout the year.
Amended by Stats. 1995, Ch. 91, Sec. 169. Effective January 1, 1996.
A “water tender vehicle” is a vehicle designed to carry not less than 1,500 gallons of water and used primarily for transporting and delivering water to be applied by other vehicles or pumping equipment at fire emergency scenes.
Amended by Stats. 1996, Ch. 774, Sec. 1. Effective January 1, 1997.
Added by Stats. 2016, Ch. 339, Sec. 3. (SB 838) Effective September 13, 2016. Section operative January 1, 2018, by its own provisions.