Article 1 - Violation of Code

California Vehicle Code — §§ 40000.1-40008

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Sections (36)

Added by Stats. 1971, Ch. 1178.

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.

Added by Stats. 2022, Ch. 800, Sec. 20. (AB 2746) Effective January 1, 2023.

A violation of subdivision (a) of Section 12500 shall be punished as follows:

(a)Except as provided in subdivision (b), as an infraction by a fine of one hundred dollars ($100) for a first or second violation.
(b)As a misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code if a person has a prior driver’s license suspension or revocation for a violation of subdivision (c) of Section 192 of the Penal Code, subdivision (e) of Section 12809, or of Section 13353, 13353.1, 13353.2, 23103, 23104, 23105, 23109, 23152, 23153, or 23154.
(c)As a

misdemeanor or an infraction as prescribed by Section 19.8 of the Penal Code for a third or subsequent violation.

Amended by Stats. 2023, Ch. 131, Sec. 218. (AB 1754) Effective January 1, 2024.

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 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.
(c)Section 12517, relating to a special driver’s certificate to operate a schoolbus or school pupil activity bus.
(d)Section 12517.45, relating to a special driver’s certificate

and vehicle inspection for the transportation of pupils to or from school-related activities by a passenger charter-party carrier as defined in subdivision (k) of Section 545.

(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 12951, subdivision (b), relating to refusal to display license.
(h)Section 13004, relating to unlawful use of an identification card.
(i)Section 13004.1, relating to identification documents.
(j)Sections 14601, 14601.1, 14601.2, and 14601.5,

relating to driving with a suspended or revoked driver’s license.

(k)Section 14604, relating to unlawful use of a vehicle.
(l)Section 14610, relating to unlawful use of a driver’s license.
(m)Section 14610.1, relating to identification documents.
(n)Section 15501, relating to use of false or fraudulent license by a minor.
Current Version

Amended (as amended by Stats. 2006, Ch. 614, Sec. 5) by Stats. 2010, Ch. 215, Sec. 3. (SB 535) Effective January 1, 2011. Repealed on date prescribed by its own provisions. See later operative version, as amended by Sec. 4 of Ch. 215.

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)Subdivision (b) of Section 21651, relating to wrong-way driving on divided highways.
(e)Subdivision (c) of Section

21655.9, 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 the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5, and as of that date is repealed.
Future Version

Amended (as amended by Stats. 2006, Ch. 614, Sec. 6) by Stats. 2010, Ch. 215, Sec. 4. (SB 535) Effective January 1, 2011. Section operative on date prescribed by its own provisions.

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)Subdivision (b) of Section 21651, 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 the date that the Secretary of State receives the notice from the Director of Transportation as described in Section 5205.5.

Added by Stats. 1986, Ch. 748, Sec. 3.

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.

Amended by Stats. 2006, Ch. 609, Sec. 6. Effective January 1, 2007.

A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating to unlawfully towed or stored vehicles.

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 directions on toll highways or 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.

Amended by Stats. 1997, Ch. 945, Sec. 32. Effective January 1, 1998.

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.

Added by Stats. 1988, Ch. 613, Sec. 2.

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.

Amended by Stats. 1988, Ch. 1384, Sec. 6.

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.

Amended by Stats. 2013, Ch. 76, Sec. 198. (AB 383) Effective January 1, 2014.

A third or subsequent violation of Section 23225, relating to the storage of an opened container of an alcoholic beverage, or Section 23223, relating to the possession of an open container of an alcoholic beverage, by a driver of a vehicle used to provide transportation services on a prearranged basis, operating under a valid certificate or permit pursuant to the Passenger Charter-party Carriers’ Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code), is a misdemeanor.

Amended by Stats. 1998, Ch. 340, Sec. 4. Effective August 24, 1998.

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.

Repealed (in Sec. 19) and added by Stats. 2013, Ch. 500, Sec. 20. (AB 529) Effective January 1, 2014. Section operative January 1, 2016, by its own provisions.

(a)A violation of subdivision (e) of Section 34501, subdivision (b) or (d) 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.
(c)This section shall become operative on January 1, 2016.

Amended by Stats. 1984, Ch. 542, Sec. 9.

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 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.

Amended by Stats. 1984, Ch. 1015, Sec. 3.

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.

Amended by Stats. 2023, Ch. 85, Sec. 1. (AB 466) Effective January 1, 2024.

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.

Amended by Stats. 1992, Ch. 1243, Sec. 107.1. Effective September 30, 1992. Operative January 1, 1993, by Sec. 117 of Ch. 1243.

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.

Amended by Stats. 1975, Ch. 635.

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.

Amended by Stats. 1973, Ch. 1162.

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.

Amended by Stats. 1999, Ch. 316, Sec. 3. Effective January 1, 2000.

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.

Amended by Stats. 1991, Ch. 928, Sec. 37. Effective October 14, 1991.

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.

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