100. Unless the provision or context otherwise requires, these
definitions shall govern the construction of this code.
102. "Ability to respond in damages" means financial
responsibility.
105. An "agricultural water-well boring rig" is a motor vehicle
which is used exclusively in the boring of water-wells on
agricultural property.
108. "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.
109. "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.
110. "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.
111. "All-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 which is all of the following:
(a) Designed for operation off of the highway by an operator with
no more than one passenger.
(b) Fifty inches or less in width.
(c) Nine hundred pounds or less unladen weight.
(d) Suspended on three or more low-pressure tires.
(e) Has a single seat designed to be straddled by the operator, or
a single seat designed to be straddled by the operator and a seat
for no more than one passenger.
(f) Has handlebars for steering control.
111.3. 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.
111.5. 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.
112. "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.
115. 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.
165. An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire,
rescue, or communications calls and operated either by the California
Emergency Management Agency or by any public agency or industrial
fire department to which the California Emergency Management Agency
has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
165.5. 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.
166. 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.
175. 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:
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 120 inches, including
the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its
widest part.
210. 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.
220. An "automobile dismantler" is any person not otherwise
expressly excluded by Section 221 who:
(a) Is engaged in the business of buying, selling, or dealing in
vehicles of a type required to be registered under this code,
including nonrepairable vehicles, for the purpose of dismantling the
vehicles, who buys or sells the integral parts and component
materials thereof, in whole or in part, or deals in used motor
vehicle parts. This section does not apply to the occasional and
incidental dismantling of vehicles by dealers who have secured
dealers plates from the department for the current year whose
principal business is buying and selling new and used vehicles, or by
owners who desire to dismantle not more than three personal vehicles
within any 12-month period.
(b) Notwithstanding the provisions of subdivision (a), keeps or
maintains on real property owned by him, or under his possession or
control, two or more unregistered motor vehicles no longer intended
for, or in condition for, legal use on the highways, whether for the
purpose of resale of used parts, for the purpose of reclaiming for
use some or all of the materials, whether metal, glass, fabric, or
otherwise, or to dispose of them, or for any other purpose.
221. (a) The term "automobile dismantler" does not include any of
the following:
(1) The owner or operator of any premises on which two or more
unregistered and inoperable vehicles are held or stored, if the
vehicles are used for restoration or replacement parts or otherwise,
in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or
transporter.
(B) The operation and maintenance of any fleet of motor vehicles
used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that
does not sell parts of the vehicles, except for either of the
following purposes:
(i) For use in repairs performed by that business.
(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:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in
paragraph (3).
(2) Any person engaged in the restoration of vehicles of the type
described in Section 5004 or in the restoration of other vehicles
having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or
similar establishment purchasing vehicles of a type subject to
registration, not for the purpose of selling the vehicles, in whole
or in part, but exclusively for the purpose of reducing the vehicles
to their component materials, if either the facility obtains, on a
form approved or provided by the department, a certification by the
person from whom the vehicles are obtained that each of the vehicles
has been cleared for dismantling pursuant to Section 5500 or 11520,
or the facility complies with Section 9564.
(4) Any person who 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.
(b) Any vehicle acquired for the purpose specified in paragraph
(3) of subdivision (a) from other than a licensed dismantler, or from
other than an independent hauler who obtained the vehicle, or parts
thereof from a licensed dismantler, shall be accompanied by either a
receipt issued by the department evidencing proof of clearance for
dismantling under Section 5500, or a copy of the ordinance or order
issued by a local authority for the abatement of the vehicle pursuant
to Section 22660. The steel mill, scrap metal processing facility,
or similar establishment acquiring the vehicle shall attach the form
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.
223. 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.
225. 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.
230. 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.
230.5. 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.
231. A bicycle is a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears,
and having one or more wheels. Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and
21200.5.
231.5. 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.
231.6. (a) A "bicycle path crossing" is either of the following:
(1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
232. The "board" is the New Motor Vehicle Board.
232.5. "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.
233. (a) Except as provided in subdivision (b), a "bus" is any
vehicle, including a trailer bus, designed, used, or maintained for
carrying more than 15 persons including the driver.
(b) A vehicle designed, used, or maintained for carrying more than
10 persons, including the driver, which is used to transport persons
for compensation or profit, or is used by any nonprofit organization
or group, is also a bus.
(c) This section does not alter the definition of a schoolbus,
school pupil activity bus, general public paratransit vehicle, farm
labor vehicle, or youth bus.
(d) A vanpool vehicle is not a bus.
234. A "business" includes a proprietorship, partnership,
corporation, and any other form of commercial enterprise.
235. 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.
236. 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.
240. 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:
(a) No building shall be regarded unless its entrance faces the
highway and the front of the building is within 75 feet of the
roadway.
(b) Where a highway is physically divided into two or more
roadways only those buildings facing each roadway separately shall be
regarded for the purpose of determining whether the roadway is
within a district.
(c) All churches, apartments, hotels, multiple dwelling houses,
clubs, and public buildings, other than schools, shall be deemed to
be business structures.
(d) A highway or portion of a highway shall not be deemed to be
within a district regardless of the number of buildings upon the
contiguous property if there is no right of access to the highway by
vehicles from the contiguous property.
242. 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.
243. 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.
245. 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.
246. 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.
250. 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:
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity, including the vehicle
identification number, of a motor vehicle or motor vehicle part, in
order to misrepresent the identity of the motor vehicle or motor
vehicle part, or to prevent the identification of the motor vehicle
or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
255. "City" includes every city and city and county within this
State.
257. 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:
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the
emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard
applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the
emission standard applicable to an ultra low-emission vehicle.
259. "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.
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
265. The "commissioner" is the Commissioner of the California
Highway Patrol.
266. 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.
267. 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:
(a) Assembles, installs, or affixes a body, cab, or special
equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the
vehicle, if it is a previously assembled or manufactured new vehicle.
270. "County" includes every county and city and county within this
State.
273. 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.
275. "Crosswalk" is either:
(a) That portion of a roadway included within the prolongation or
connection of the boundary lines of sidewalks at intersections where
the intersecting roadways meet at approximately right angles, except
the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there
shall not be a crosswalk where local authorities have placed signs
indicating no crossing.
280. "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.
285. "Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells,
exchanges, buys, or offers for sale, negotiates or attempts to
negotiate, a sale or exchange of an interest in, a vehicle subject to
registration, a motorcycle, snowmobile, or all-terrain vehicle
subject to identification under this code, or a trailer subject to
identification pursuant to Section 5014.1, or induces or attempts to
induce any person to buy or exchange an interest in a vehicle and,
who receives or expects to receive a commission, money, brokerage
fees, profit, or any other thing of value, from either the seller or
purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling
vehicles or buying or taking in trade, vehicles for the purpose of
resale, selling, or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not the vehicles are owned
by the person.
286. The term "dealer" does not include any of the following:
(a) Insurance companies, banks, finance companies, public
officials, or any other person coming into possession of vehicles in
the regular course of business, who sells vehicles under a
contractual right or obligation, in performance of an official duty,
or in authority of any court of law, if the sale is for the purpose
of saving the seller from loss or pursuant to the authority of a
court.
(b) Persons who sell or distribute vehicles of a type subject to
registration or trailers subject to identification pursuant to
Section 5014.1 for a manufacturer to vehicle dealers licensed under
this code, or who are employed by manufacturers or distributors to
promote the sale of vehicles dealt in by those manufacturers or
distributors. However, any of those persons who also sell vehicles at
retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers
licensed under this code while acting within the scope of that
employment.
(d) Persons engaged exclusively in the bona fide business of
exporting vehicles or of soliciting orders for the sale and delivery
of vehicles outside the territorial limits of the United States, if
no federal excise tax is legally payable or refundable on any of the
transactions. Persons not engaged exclusively in the bona fide
business of exporting vehicles, but who are engaged in the business
of soliciting orders for the sale and delivery of vehicles, outside
the territorial limits of the United States are exempt from licensure
as dealers only if their sales of vehicles produce less than 10
percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a
business, who dispose of any vehicle acquired and used in good faith,
for their own personal use, or for use in their business, and not
for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of
vehicles, other than motorcycles, all-terrain vehicles, or trailers
subject to identification under this code, that are not intended for
use on the highways.
(g) Persons temporarily retained as auctioneers solely for the
purpose of disposing of vehicle stock inventories by means of public
auction on behalf of the owners at the owners' place of business, or
as otherwise approved by the department, if intermediate physical
possession or control of, or an ownership interest in, the inventory
is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of
purchasing, selling, servicing, or exchanging racing vehicles, parts
for racing vehicles, and trailers designed and intended by the
manufacturer to be used exclusively for carrying racing vehicles. For
purposes of this subdivision, "racing vehicle" means a motor vehicle
of a type used exclusively in a contest of speed or in a competitive
trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers
Act (Article 2 (commencing with Section 700) of Chapter 5 of Division
3 of the Harbors and Navigation Code) and who sells used boat
trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have
been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to
Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or
educational institution or organization that sells vehicles if all of
the following conditions are met:
(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.
(2) An institution or organization described in paragraph (1) may
sell vehicles on behalf of another institution or organization under
the following conditions:
(A) The nonselling institution or organization meets the
requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter
into a signed, written agreement pursuant to subparagraph (A) of
paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds
from the sale of each vehicle to the nonselling institution or
organization within 45 days of the sale. All net proceeds transferred
to the nonselling institution or organization shall clearly be
identifiable to the sale of a specific vehicle. The selling
institution or organization may retain a percentage of the proceeds
from the sale of a particular vehicle. However, any retained proceeds
shall be used by the selling institution or organization for its
charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling
institution or organization shall provide to the nonselling
institution or organization, an itemized listing of the vehicles sold
and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot
complete a retail sale of a particular vehicle, or if the vehicle
cannot be transferred as a wholesale transaction to a dealer licensed
under this code, the vehicle shall be returned to the nonselling
institution or organization and the written agreement revised to
reflect that return. Under no circumstances may a selling institution
or organization transfer or donate the vehicle to a third party that
is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision
shall retain all records required to be retained pursuant to Section
1660.
(p) A motor club, as defined in Section 12142 of the Insurance
Code, that does not arrange or negotiate individual motor vehicle
purchase transactions on behalf of its members but refers members to
a new motor vehicle dealer for the purchase of a new motor vehicle
and does not receive a fee from the dealer contingent upon the sale
of the vehicle.
288. "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.
289. "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.
290. "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.
291. 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.
295. The "director" is the Director of Motor Vehicles.
295.5. A "disabled person" is any of the following:
(a) Any person who has lost, or has lost the use of, one or more
lower extremities or both hands, or who has significant limitation in
the use of lower extremities, or who has a diagnosed disease or
disorder which substantially impairs or interferes with mobility, or
who is so severely disabled as to be unable to move without the aid
of an assistant device.
(b) Any person who is blind to the extent that the person's
central visual acuity does not exceed 20/200 in the better eye, with
corrective lenses, as measured by the Snellen test, or visual acuity
that is greater than 20/200, but with a limitation in the field of
vision such that the widest diameter of the visual field subtends an
angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any
of the following:
(1) The person's forced (respiratory) expiratory volume for one
second when measured by spirometry is less than one liter.
(2) The person's arterial oxygen tension (pO2) is less than 60
mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the
extent that the person's functional limitations are classified in
severity as class III or class IV based upon standards accepted by
the American Heart Association.
295.7. 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:
(a) Has a disability which has been rated at 100 percent by the
Department of Veterans Affairs or the military service from which the
veteran was discharged, due to a diagnosed disease or disorder which
substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the
aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153
of the Welfare and Institutions Code.
296. 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.
297. 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.
300. 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.
303. 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.
305. 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.
310. 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.
310.4. 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.
310.6. 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.
310.8. 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.
311. 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.
312. 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.
313. 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.
314. An "expressway" is a portion of highway that is part of either
of the following:
(a) An expressway system established by a county under Section
941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1,
1989, as described in subdivision (g) of Section 941.4 of the
Streets and Highways Code.
315. "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.
320. "Established place of business" is a place actually occupied
either continuously or at regular periods by any of the following:
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer,
manufacturer branch, distributor, distributor branch, automobile
driving school, or traffic violator school where the books and
records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent
to the type of business being conducted are kept. A place of
business of an automobile dismantler which qualified as an
"established place of business" before September 17, 1970, is an
"established place of business" as defined in this section.
(c) A registration service where the books and records pertinent
to the type of business being conducted are kept.
320.5. 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.
321. "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.
322. (a) A "farm labor vehicle" is any motor vehicle designed,
used, or maintained for the transportation of nine or more
farmworkers, in addition to the driver, to or from a place of
employment or employment-related activities.
(b) For the purpose of this section, a farmworker is any person
engaged in rendering personal services for hire and compensation in
connection with the production or harvesting of any farm products.
(c) "Farm labor vehicle" does not include:
(1) Any vehicle carrying only members of the immediate family of
the owner or driver thereof.
(2) Any vehicle while being operated under specific authority
granted by the Public Utilities Commission or under specific
authority granted to a transit system by an authorized city or county
agency.
324. 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.
324.5. 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.
325. A "foreign jurisdiction" is any other state, the District of
Columbia, territories or possessions of the United States, and
foreign states, provinces, or countries.
330. 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.
331. (a) A "franchise" is a written agreement between two or more
persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing
indefinite duration.
(2) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail new motor vehicles or new
trailers subject to identification pursuant to Section 5014.1
manufactured or distributed by the franchisor or the right to perform
authorized warranty repairs and service, or the right to perform any
combination of these activities.
(3) The franchisee constitutes a component of the franchisor's
distribution system.
(4) The operation of the franchisee's business is substantially
associated with the franchisor's trademark, trade name, advertising,
or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is
substantially reliant on the franchisor for a continued supply of new
vehicles, parts, or accessories.
(b) The term "franchise" does not include an agreement entered
into by a manufacturer or distributor and a person where all the
following apply:
(1) The person is authorized to perform warranty repairs and
service on vehicles manufactured or distributed by the manufacturer
or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the
manufacturer or distributor.
(3) The person's repair and service facility is not located within
the relevant market area of a new motor vehicle dealer franchisee of
the manufacturer or distributor.
331.1. 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.
331.2. 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.
331.3. A "recreational vehicle franchise" is a written agreement
between two or more persons having both of the following conditions:
(a) A commercial relationship of definite duration or continuing
indefinite duration.
(b) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail, new recreational vehicles, as
defined in subdivision (a) of Section 18010 of the Health and Safety
Code, that are manufactured or distributed by the franchisor, or the
right to perform authorized warranty repairs and service, or the
right to perform any combination of these activities.
332. "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.
335. 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.
336. "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.
340. 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.
345. 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.
350. (a) "Gross vehicle weight rating" (GVWR) means the weight
specified by the manufacturer as the loaded weight of a single
vehicle.
(b) Gross combination weight rating (GCWR) means the weight
specified by the manufacturer as the loaded weight of a combination
or articulated vehicle. In the absence of a weight specified by the
manufacturer, GCWR shall be determined by adding the GVWR of the
power unit and the total unladen weight of the towed units and any
load thereon.
353. "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.
360. "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.
362. 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.
365. 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.
370. 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.
371. 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.
372. 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."
373. 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:
(a) The lessee of the vehicle, or the person who, for a period of
at least one year, has been designated by the lessee as the driver of
the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
375. "Lighting equipment" is any of the following lamps or devices:
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog
taillamp, taillamp, stoplamp, supplemental stoplamp, license plate
lamp, clearance lamp, side marker lamp, signal lamp or device,
supplemental signal lamp, deceleration signal device, cornering lamp,
running lamp, red, blue, amber, or white warning lamp, flashing red
schoolbus lamp, side-mounted turn signal lamp, and schoolbus side
lamp.
(b) An operating unit or canceling mechanism for turn signal lamps
or for the simultaneous flashing of turn signal lamps as vehicular
hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps,
warning lamps, the simultaneous flashing of turn signal lamps as
vehicular hazard signals, and the headlamp flashing systems for
emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or
device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and
reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in
the infrared or ultraviolet regions of the spectrum, whether or not
these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an
electronic display to convey the route designation, route number, run
number, public service announcement, or any combination of these
information.
377. 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.
378. A "logging dolly" is a vehicle designed for carrying logs,
having one or more axles which axles, if there be 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.
379. 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.
380. "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.
385. "Local authorities" means the legislative body of every county
or municipality having authority to adopt local police regulations.
385.5. (a) A "low-speed vehicle" is a motor vehicle that meets all
of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per
hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a "low-speed vehicle" is
not a golf cart, except when operated pursuant to Section 21115 or
21115.1.
(2) A "low-speed vehicle" is also known as a "neighborhood
electric vehicle."
386. 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.
387. "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.
389. 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.
395. 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.
395.5. A "mobile billboard advertising display" means an
advertising display that is attached to a wheeled, mobile,
nonmotorized vehicle, that carries, pulls, or transports a sign or
billboard, and is for the primary purpose of advertising.
396. "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.
400. (a) A "motorcycle" is a motor vehicle having a seat or saddle
for the use of the rider, designed to travel on not more than three
wheels in contact with the ground.
(b) A motor vehicle that has four wheels in contact with the
ground, two of which are a functional part of a sidecar, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the
requirements of subdivision (a), has a partially or completely
enclosed seating area for the driver and passenger, is used by local
public agencies for the enforcement of parking control provisions,
and is operated at slow speeds on public streets, is not a
motorcycle. However, a motor vehicle described in this subdivision
shall comply with the applicable sections of this code imposing
equipment installation requirements on motorcycles.
405. 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.
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(2) The disclosure shall include the following language in capital
letters:
"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."
407. 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.
407.5. (a) A "motorized scooter" is any two-wheeled device that has
handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor. This device may also
have a driver seat that does not interfere with the ability of the
rider to stand and ride and may also be designed to be powered by
human propulsion. 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.
(b) A device meeting the definition in subdivision (a) that is
powered by a source other than electrical power is also a motorized
scooter.
(c) (1) A manufacturer of motorized scooters shall provide a
disclosure to buyers that advises buyers that the buyers' existing
insurance policies may not provide coverage for these scooters and
that the buyers should contact their insurance company or insurance
agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"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."
(d) (1) A manufacturer of motorized scooters shall provide a
disclosure to a buyer that advises the buyer that the buyer may not
modify or alter the exhaust system to cause that system to amplify or
create an excessive noise, or to fail to meet applicable emission
requirements.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO
CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE
SECTION 21226, OR TO FAIL TO MEET
APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."
(e) This section shall become operative on January 1, 2008.
408. "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.
410. A "motor truck" or "motortruck" is a motor vehicle designed,
used, or maintained primarily for the transportation of property.
415. (a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair,
motorized tricycle, or motorized quadricycle, if operated by a person
who, by reason of physical disability, is otherwise unable to move
about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of
Division 2, "motor vehicle" includes a recreational vehicle as that
term is defined in subdivision (a) of Section 18010 of the Health and
Safety Code, but does not include a truck camper.
425. 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.
426. "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 Section 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.
430. 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.
431. 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.
(a) A nonrepairable vehicle is a vehicle that has no r
100. Unless the provision or context otherwise requires, these
definitions shall govern the construction of this code.
102. "Ability to respond in damages" means financial
responsibility.
105. An "agricultural water-well boring rig" is a motor vehicle
which is used exclusively in the boring of water-wells on
agricultural property.
108. "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.
109. "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.
110. "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.
111. "All-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 which is all of the following:
(a) Designed for operation off of the highway by an operator with
no more than one passenger.
(b) Fifty inches or less in width.
(c) Nine hundred pounds or less unladen weight.
(d) Suspended on three or more low-pressure tires.
(e) Has a single seat designed to be straddled by the operator, or
a single seat designed to be straddled by the operator and a seat
for no more than one passenger.
(f) Has handlebars for steering control.
111.3. 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.
111.5. 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.
112. "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.
115. 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.
165. An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire,
rescue, or communications calls and operated either by the California
Emergency Management Agency or by any public agency or industrial
fire department to which the California Emergency Management Agency
has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
165.5. 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.
166. 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.
175. 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:
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 120 inches, including
the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its
widest part.
210. 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.
220. An "automobile dismantler" is any person not otherwise
expressly excluded by Section 221 who:
(a) Is engaged in the business of buying, selling, or dealing in
vehicles of a type required to be registered under this code,
including nonrepairable vehicles, for the purpose of dismantling the
vehicles, who buys or sells the integral parts and component
materials thereof, in whole or in part, or deals in used motor
vehicle parts. This section does not apply to the occasional and
incidental dismantling of vehicles by dealers who have secured
dealers plates from the department for the current year whose
principal business is buying and selling new and used vehicles, or by
owners who desire to dismantle not more than three personal vehicles
within any 12-month period.
(b) Notwithstanding the provisions of subdivision (a), keeps or
maintains on real property owned by him, or under his possession or
control, two or more unregistered motor vehicles no longer intended
for, or in condition for, legal use on the highways, whether for the
purpose of resale of used parts, for the purpose of reclaiming for
use some or all of the materials, whether metal, glass, fabric, or
otherwise, or to dispose of them, or for any other purpose.
221. (a) The term "automobile dismantler" does not include any of
the following:
(1) The owner or operator of any premises on which two or more
unregistered and inoperable vehicles are held or stored, if the
vehicles are used for restoration or replacement parts or otherwise,
in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or
transporter.
(B) The operation and maintenance of any fleet of motor vehicles
used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that
does not sell parts of the vehicles, except for either of the
following purposes:
(i) For use in repairs performed by that business.
(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:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in
paragraph (3).
(2) Any person engaged in the restoration of vehicles of the type
described in Section 5004 or in the restoration of other vehicles
having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or
similar establishment purchasing vehicles of a type subject to
registration, not for the purpose of selling the vehicles, in whole
or in part, but exclusively for the purpose of reducing the vehicles
to their component materials, if either the facility obtains, on a
form approved or provided by the department, a certification by the
person from whom the vehicles are obtained that each of the vehicles
has been cleared for dismantling pursuant to Section 5500 or 11520,
or the facility complies with Section 9564.
(4) Any person who 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.
(b) Any vehicle acquired for the purpose specified in paragraph
(3) of subdivision (a) from other than a licensed dismantler, or from
other than an independent hauler who obtained the vehicle, or parts
thereof from a licensed dismantler, shall be accompanied by either a
receipt issued by the department evidencing proof of clearance for
dismantling under Section 5500, or a copy of the ordinance or order
issued by a local authority for the abatement of the vehicle pursuant
to Section 22660. The steel mill, scrap metal processing facility,
or similar establishment acquiring the vehicle shall attach the form
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.
223. 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.
225. 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.
230. 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.
230.5. 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.
231. A bicycle is a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears,
and having one or more wheels. Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and
21200.5.
231.5. 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.
231.6. (a) A "bicycle path crossing" is either of the following:
(1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
232. The "board" is the New Motor Vehicle Board.
232.5. "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.
233. (a) Except as provided in subdivision (b), a "bus" is any
vehicle, including a trailer bus, designed, used, or maintained for
carrying more than 15 persons including the driver.
(b) A vehicle designed, used, or maintained for carrying more than
10 persons, including the driver, which is used to transport persons
for compensation or profit, or is used by any nonprofit organization
or group, is also a bus.
(c) This section does not alter the definition of a schoolbus,
school pupil activity bus, general public paratransit vehicle, farm
labor vehicle, or youth bus.
(d) A vanpool vehicle is not a bus.
234. A "business" includes a proprietorship, partnership,
corporation, and any other form of commercial enterprise.
235. 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.
236. 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.
240. 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:
(a) No building shall be regarded unless its entrance faces the
highway and the front of the building is within 75 feet of the
roadway.
(b) Where a highway is physically divided into two or more
roadways only those buildings facing each roadway separately shall be
regarded for the purpose of determining whether the roadway is
within a district.
(c) All churches, apartments, hotels, multiple dwelling houses,
clubs, and public buildings, other than schools, shall be deemed to
be business structures.
(d) A highway or portion of a highway shall not be deemed to be
within a district regardless of the number of buildings upon the
contiguous property if there is no right of access to the highway by
vehicles from the contiguous property.
242. 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.
243. 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.
245. 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.
246. 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.
250. 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:
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity, including the vehicle
identification number, of a motor vehicle or motor vehicle part, in
order to misrepresent the identity of the motor vehicle or motor
vehicle part, or to prevent the identification of the motor vehicle
or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
255. "City" includes every city and city and county within this
State.
257. 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:
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the
emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard
applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the
emission standard applicable to an ultra low-emission vehicle.
259. "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.
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
265. The "commissioner" is the Commissioner of the California
Highway Patrol.
266. 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.
267. 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:
(a) Assembles, installs, or affixes a body, cab, or special
equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the
vehicle, if it is a previously assembled or manufactured new vehicle.
270. "County" includes every county and city and county within this
State.
273. 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.
275. "Crosswalk" is either:
(a) That portion of a roadway included within the prolongation or
connection of the boundary lines of sidewalks at intersections where
the intersecting roadways meet at approximately right angles, except
the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there
shall not be a crosswalk where local authorities have placed signs
indicating no crossing.
280. "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.
285. "Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells,
exchanges, buys, or offers for sale, negotiates or attempts to
negotiate, a sale or exchange of an interest in, a vehicle subject to
registration, a motorcycle, snowmobile, or all-terrain vehicle
subject to identification under this code, or a trailer subject to
identification pursuant to Section 5014.1, or induces or attempts to
induce any person to buy or exchange an interest in a vehicle and,
who receives or expects to receive a commission, money, brokerage
fees, profit, or any other thing of value, from either the seller or
purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling
vehicles or buying or taking in trade, vehicles for the purpose of
resale, selling, or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not the vehicles are owned
by the person.
286. The term "dealer" does not include any of the following:
(a) Insurance companies, banks, finance companies, public
officials, or any other person coming into possession of vehicles in
the regular course of business, who sells vehicles under a
contractual right or obligation, in performance of an official duty,
or in authority of any court of law, if the sale is for the purpose
of saving the seller from loss or pursuant to the authority of a
court.
(b) Persons who sell or distribute vehicles of a type subject to
registration or trailers subject to identification pursuant to
Section 5014.1 for a manufacturer to vehicle dealers licensed under
this code, or who are employed by manufacturers or distributors to
promote the sale of vehicles dealt in by those manufacturers or
distributors. However, any of those persons who also sell vehicles at
retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers
licensed under this code while acting within the scope of that
employment.
(d) Persons engaged exclusively in the bona fide business of
exporting vehicles or of soliciting orders for the sale and delivery
of vehicles outside the territorial limits of the United States, if
no federal excise tax is legally payable or refundable on any of the
transactions. Persons not engaged exclusively in the bona fide
business of exporting vehicles, but who are engaged in the business
of soliciting orders for the sale and delivery of vehicles, outside
the territorial limits of the United States are exempt from licensure
as dealers only if their sales of vehicles produce less than 10
percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a
business, who dispose of any vehicle acquired and used in good faith,
for their own personal use, or for use in their business, and not
for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of
vehicles, other than motorcycles, all-terrain vehicles, or trailers
subject to identification under this code, that are not intended for
use on the highways.
(g) Persons temporarily retained as auctioneers solely for the
purpose of disposing of vehicle stock inventories by means of public
auction on behalf of the owners at the owners' place of business, or
as otherwise approved by the department, if intermediate physical
possession or control of, or an ownership interest in, the inventory
is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of
purchasing, selling, servicing, or exchanging racing vehicles, parts
for racing vehicles, and trailers designed and intended by the
manufacturer to be used exclusively for carrying racing vehicles. For
purposes of this subdivision, "racing vehicle" means a motor vehicle
of a type used exclusively in a contest of speed or in a competitive
trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers
Act (Article 2 (commencing with Section 700) of Chapter 5 of Division
3 of the Harbors and Navigation Code) and who sells used boat
trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have
been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to
Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or
educational institution or organization that sells vehicles if all of
the following conditions are met:
(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.
(2) An institution or organization described in paragraph (1) may
sell vehicles on behalf of another institution or organization under
the following conditions:
(A) The nonselling institution or organization meets the
requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter
into a signed, written agreement pursuant to subparagraph (A) of
paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds
from the sale of each vehicle to the nonselling institution or
organization within 45 days of the sale. All net proceeds transferred
to the nonselling institution or organization shall clearly be
identifiable to the sale of a specific vehicle. The selling
institution or organization may retain a percentage of the proceeds
from the sale of a particular vehicle. However, any retained proceeds
shall be used by the selling institution or organization for its
charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling
institution or organization shall provide to the nonselling
institution or organization, an itemized listing of the vehicles sold
and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot
complete a retail sale of a particular vehicle, or if the vehicle
cannot be transferred as a wholesale transaction to a dealer licensed
under this code, the vehicle shall be returned to the nonselling
institution or organization and the written agreement revised to
reflect that return. Under no circumstances may a selling institution
or organization transfer or donate the vehicle to a third party that
is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision
shall retain all records required to be retained pursuant to Section
1660.
(p) A motor club, as defined in Section 12142 of the Insurance
Code, that does not arrange or negotiate individual motor vehicle
purchase transactions on behalf of its members but refers members to
a new motor vehicle dealer for the purchase of a new motor vehicle
and does not receive a fee from the dealer contingent upon the sale
of the vehicle.
288. "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.
289. "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.
290. "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.
291. 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.
295. The "director" is the Director of Motor Vehicles.
295.5. A "disabled person" is any of the following:
(a) Any person who has lost, or has lost the use of, one or more
lower extremities or both hands, or who has significant limitation in
the use of lower extremities, or who has a diagnosed disease or
disorder which substantially impairs or interferes with mobility, or
who is so severely disabled as to be unable to move without the aid
of an assistant device.
(b) Any person who is blind to the extent that the person's
central visual acuity does not exceed 20/200 in the better eye, with
corrective lenses, as measured by the Snellen test, or visual acuity
that is greater than 20/200, but with a limitation in the field of
vision such that the widest diameter of the visual field subtends an
angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any
of the following:
(1) The person's forced (respiratory) expiratory volume for one
second when measured by spirometry is less than one liter.
(2) The person's arterial oxygen tension (pO2) is less than 60
mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the
extent that the person's functional limitations are classified in
severity as class III or class IV based upon standards accepted by
the American Heart Association.
295.7. 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:
(a) Has a disability which has been rated at 100 percent by the
Department of Veterans Affairs or the military service from which the
veteran was discharged, due to a diagnosed disease or disorder which
substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the
aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153
of the Welfare and Institutions Code.
296. 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.
297. 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.
300. 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.
303. 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.
305. 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.
310. 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.
310.4. 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.
310.6. 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.
310.8. 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.
311. 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.
312. 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.
313. 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.
314. An "expressway" is a portion of highway that is part of either
of the following:
(a) An expressway system established by a county under Section
941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1,
1989, as described in subdivision (g) of Section 941.4 of the
Streets and Highways Code.
315. "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.
320. "Established place of business" is a place actually occupied
either continuously or at regular periods by any of the following:
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer,
manufacturer branch, distributor, distributor branch, automobile
driving school, or traffic violator school where the books and
records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent
to the type of business being conducted are kept. A place of
business of an automobile dismantler which qualified as an
"established place of business" before September 17, 1970, is an
"established place of business" as defined in this section.
(c) A registration service where the books and records pertinent
to the type of business being conducted are kept.
320.5. 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.
321. "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.
322. (a) A "farm labor vehicle" is any motor vehicle designed,
used, or maintained for the transportation of nine or more
farmworkers, in addition to the driver, to or from a place of
employment or employment-related activities.
(b) For the purpose of this section, a farmworker is any person
engaged in rendering personal services for hire and compensation in
connection with the production or harvesting of any farm products.
(c) "Farm labor vehicle" does not include:
(1) Any vehicle carrying only members of the immediate family of
the owner or driver thereof.
(2) Any vehicle while being operated under specific authority
granted by the Public Utilities Commission or under specific
authority granted to a transit system by an authorized city or county
agency.
324. 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.
324.5. 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.
325. A "foreign jurisdiction" is any other state, the District of
Columbia, territories or possessions of the United States, and
foreign states, provinces, or countries.
330. 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.
331. (a) A "franchise" is a written agreement between two or more
persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing
indefinite duration.
(2) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail new motor vehicles or new
trailers subject to identification pursuant to Section 5014.1
manufactured or distributed by the franchisor or the right to perform
authorized warranty repairs and service, or the right to perform any
combination of these activities.
(3) The franchisee constitutes a component of the franchisor's
distribution system.
(4) The operation of the franchisee's business is substantially
associated with the franchisor's trademark, trade name, advertising,
or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is
substantially reliant on the franchisor for a continued supply of new
vehicles, parts, or accessories.
(b) The term "franchise" does not include an agreement entered
into by a manufacturer or distributor and a person where all the
following apply:
(1) The person is authorized to perform warranty repairs and
service on vehicles manufactured or distributed by the manufacturer
or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the
manufacturer or distributor.
(3) The person's repair and service facility is not located within
the relevant market area of a new motor vehicle dealer franchisee of
the manufacturer or distributor.
331.1. 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.
331.2. 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.
331.3. A "recreational vehicle franchise" is a written agreement
between two or more persons having both of the following conditions:
(a) A commercial relationship of definite duration or continuing
indefinite duration.
(b) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail, new recreational vehicles, as
defined in subdivision (a) of Section 18010 of the Health and Safety
Code, that are manufactured or distributed by the franchisor, or the
right to perform authorized warranty repairs and service, or the
right to perform any combination of these activities.
332. "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.
335. 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.
336. "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.
340. 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.
345. 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.
350. (a) "Gross vehicle weight rating" (GVWR) means the weight
specified by the manufacturer as the loaded weight of a single
vehicle.
(b) Gross combination weight rating (GCWR) means the weight
specified by the manufacturer as the loaded weight of a combination
or articulated vehicle. In the absence of a weight specified by the
manufacturer, GCWR shall be determined by adding the GVWR of the
power unit and the total unladen weight of the towed units and any
load thereon.
353. "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.
360. "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.
362. 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.
365. 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.
370. 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.
371. 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.
372. 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."
373. 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:
(a) The lessee of the vehicle, or the person who, for a period of
at least one year, has been designated by the lessee as the driver of
the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
375. "Lighting equipment" is any of the following lamps or devices:
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog
taillamp, taillamp, stoplamp, supplemental stoplamp, license plate
lamp, clearance lamp, side marker lamp, signal lamp or device,
supplemental signal lamp, deceleration signal device, cornering lamp,
running lamp, red, blue, amber, or white warning lamp, flashing red
schoolbus lamp, side-mounted turn signal lamp, and schoolbus side
lamp.
(b) An operating unit or canceling mechanism for turn signal lamps
or for the simultaneous flashing of turn signal lamps as vehicular
hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps,
warning lamps, the simultaneous flashing of turn signal lamps as
vehicular hazard signals, and the headlamp flashing systems for
emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or
device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and
reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in
the infrared or ultraviolet regions of the spectrum, whether or not
these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an
electronic display to convey the route designation, route number, run
number, public service announcement, or any combination of these
information.
377. 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.
378. A "logging dolly" is a vehicle designed for carrying logs,
having one or more axles which axles, if there be 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.
379. 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.
380. "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.
385. "Local authorities" means the legislative body of every county
or municipality having authority to adopt local police regulations.
385.5. (a) A "low-speed vehicle" is a motor vehicle that meets all
of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per
hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a "low-speed vehicle" is
not a golf cart, except when operated pursuant to Section 21115 or
21115.1.
(2) A "low-speed vehicle" is also known as a "neighborhood
electric vehicle."
386. 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.
387. "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.
389. 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.
395. 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.
395.5. A "mobile billboard advertising display" means an
advertising display that is attached to a wheeled, mobile,
nonmotorized vehicle, that carries, pulls, or transports a sign or
billboard, and is for the primary purpose of advertising.
396. "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.
400. (a) A "motorcycle" is a motor vehicle having a seat or saddle
for the use of the rider, designed to travel on not more than three
wheels in contact with the ground.
(b) A motor vehicle that has four wheels in contact with the
ground, two of which are a functional part of a sidecar, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the
requirements of subdivision (a), has a partially or completely
enclosed seating area for the driver and passenger, is used by local
public agencies for the enforcement of parking control provisions,
and is operated at slow speeds on public streets, is not a
motorcycle. However, a motor vehicle described in this subdivision
shall comply with the applicable sections of this code imposing
equipment installation requirements on motorcycles.
405. 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.
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(2) The disclosure shall include the following language in capital
letters:
"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."
407. 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.
407.5. (a) A "motorized scooter" is any two-wheeled device that has
handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor. This device may also
have a driver seat that does not interfere with the ability of the
rider to stand and ride and may also be designed to be powered by
human propulsion. 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.
(b) A device meeting the definition in subdivision (a) that is
powered by a source other than electrical power is also a motorized
scooter.
(c) (1) A manufacturer of motorized scooters shall provide a
disclosure to buyers that advises buyers that the buyers' existing
insurance policies may not provide coverage for these scooters and
that the buyers should contact their insurance company or insurance
agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"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."
(d) (1) A manufacturer of motorized scooters shall provide a
disclosure to a buyer that advises the buyer that the buyer may not
modify or alter the exhaust system to cause that system to amplify or
create an excessive noise, or to fail to meet applicable emission
requirements.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO
CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE
SECTION 21226, OR TO FAIL TO MEET
APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."
(e) This section shall become operative on January 1, 2008.
408. "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.
410. A "motor truck" or "motortruck" is a motor vehicle designed,
used, or maintained primarily for the transportation of property.
415. (a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair,
motorized tricycle, or motorized quadricycle, if operated by a person
who, by reason of physical disability, is otherwise unable to move
about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of
Division 2, "motor vehicle" includes a recreational vehicle as that
term is defined in subdivision (a) of Section 18010 of the Health and
Safety Code, but does not include a truck camper.
425. 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.
426. "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 Section 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.
430. 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.
431. 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.
(a) A nonrepairable vehicle is a vehicle that has no r
100. Unless the provision or context otherwise requires, these
definitions shall govern the construction of this code.
102. "Ability to respond in damages" means financial
responsibility.
105. An "agricultural water-well boring rig" is a motor vehicle
which is used exclusively in the boring of water-wells on
agricultural property.
108. "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.
109. "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.
110. "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.
111. "All-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 which is all of the following:
(a) Designed for operation off of the highway by an operator with
no more than one passenger.
(b) Fifty inches or less in width.
(c) Nine hundred pounds or less unladen weight.
(d) Suspended on three or more low-pressure tires.
(e) Has a single seat designed to be straddled by the operator, or
a single seat designed to be straddled by the operator and a seat
for no more than one passenger.
(f) Has handlebars for steering control.
111.3. 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.
111.5. 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.
112. "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.
115. 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.
165. An authorized emergency vehicle is:
(a) Any publicly owned and operated ambulance, lifeguard, or
lifesaving equipment or any privately owned or operated ambulance
licensed by the Commissioner of the California Highway Patrol to
operate in response to emergency calls.
(b) Any publicly owned vehicle operated by the following persons,
agencies, or organizations:
(1) Any federal, state, or local agency, department, or district
employing peace officers as that term is defined in Chapter 4.5
(commencing with Section 830) of Part 2 of Title 3 of the Penal Code,
for use by those officers in the performance of their duties.
(2) Any forestry or fire department of any public agency or fire
department organized as provided in the Health and Safety Code.
(c) Any vehicle owned by the state, or any bridge and highway
district, and equipped and used either for fighting fires, or towing
or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment.
(d) Any state-owned vehicle used in responding to emergency fire,
rescue, or communications calls and operated either by the California
Emergency Management Agency or by any public agency or industrial
fire department to which the California Emergency Management Agency
has assigned the vehicle.
(e) Any vehicle owned or operated by any department or agency of
the United States government when the vehicle is used in responding
to emergency fire, ambulance, or lifesaving calls or is actively
engaged in law enforcement work.
(f) Any vehicle for which an authorized emergency vehicle permit
has been issued by the Commissioner of the California Highway Patrol.
165.5. 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.
166. 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.
175. 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:
(a) Has three or more wheels in contact with the ground.
(b) Has an unladed weight of no greater than 1,800 pounds.
(c) Has an overall length of no more than 120 inches, including
the front and rear bumpers.
(d) Has a width of no more than 55 inches, as measured from its
widest part.
210. 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.
220. An "automobile dismantler" is any person not otherwise
expressly excluded by Section 221 who:
(a) Is engaged in the business of buying, selling, or dealing in
vehicles of a type required to be registered under this code,
including nonrepairable vehicles, for the purpose of dismantling the
vehicles, who buys or sells the integral parts and component
materials thereof, in whole or in part, or deals in used motor
vehicle parts. This section does not apply to the occasional and
incidental dismantling of vehicles by dealers who have secured
dealers plates from the department for the current year whose
principal business is buying and selling new and used vehicles, or by
owners who desire to dismantle not more than three personal vehicles
within any 12-month period.
(b) Notwithstanding the provisions of subdivision (a), keeps or
maintains on real property owned by him, or under his possession or
control, two or more unregistered motor vehicles no longer intended
for, or in condition for, legal use on the highways, whether for the
purpose of resale of used parts, for the purpose of reclaiming for
use some or all of the materials, whether metal, glass, fabric, or
otherwise, or to dispose of them, or for any other purpose.
221. (a) The term "automobile dismantler" does not include any of
the following:
(1) The owner or operator of any premises on which two or more
unregistered and inoperable vehicles are held or stored, if the
vehicles are used for restoration or replacement parts or otherwise,
in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, or
transporter.
(B) The operation and maintenance of any fleet of motor vehicles
used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that
does not sell parts of the vehicles, except for either of the
following purposes:
(i) For use in repairs performed by that business.
(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:
(i) For use in repairs performed by that business.
(ii) For use by a licensed dismantler or an entity described in
paragraph (3).
(2) Any person engaged in the restoration of vehicles of the type
described in Section 5004 or in the restoration of other vehicles
having historic or classic significance.
(3) The owner of a steel mill, scrap metal processing facility, or
similar establishment purchasing vehicles of a type subject to
registration, not for the purpose of selling the vehicles, in whole
or in part, but exclusively for the purpose of reducing the vehicles
to their component materials, if either the facility obtains, on a
form approved or provided by the department, a certification by the
person from whom the vehicles are obtained that each of the vehicles
has been cleared for dismantling pursuant to Section 5500 or 11520,
or the facility complies with Section 9564.
(4) Any person who 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.
(b) Any vehicle acquired for the purpose specified in paragraph
(3) of subdivision (a) from other than a licensed dismantler, or from
other than an independent hauler who obtained the vehicle, or parts
thereof from a licensed dismantler, shall be accompanied by either a
receipt issued by the department evidencing proof of clearance for
dismantling under Section 5500, or a copy of the ordinance or order
issued by a local authority for the abatement of the vehicle pursuant
to Section 22660. The steel mill, scrap metal processing facility,
or similar establishment acquiring the vehicle shall attach the form
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.
223. 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.
225. 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.
230. 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.
230.5. 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.
231. A bicycle is a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears,
and having one or more wheels. Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and
21200.5.
231.5. 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.
231.6. (a) A "bicycle path crossing" is either of the following:
(1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
232. The "board" is the New Motor Vehicle Board.
232.5. "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.
233. (a) Except as provided in subdivision (b), a "bus" is any
vehicle, including a trailer bus, designed, used, or maintained for
carrying more than 15 persons including the driver.
(b) A vehicle designed, used, or maintained for carrying more than
10 persons, including the driver, which is used to transport persons
for compensation or profit, or is used by any nonprofit organization
or group, is also a bus.
(c) This section does not alter the definition of a schoolbus,
school pupil activity bus, general public paratransit vehicle, farm
labor vehicle, or youth bus.
(d) A vanpool vehicle is not a bus.
234. A "business" includes a proprietorship, partnership,
corporation, and any other form of commercial enterprise.
235. 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.
236. 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.
240. 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:
(a) No building shall be regarded unless its entrance faces the
highway and the front of the building is within 75 feet of the
roadway.
(b) Where a highway is physically divided into two or more
roadways only those buildings facing each roadway separately shall be
regarded for the purpose of determining whether the roadway is
within a district.
(c) All churches, apartments, hotels, multiple dwelling houses,
clubs, and public buildings, other than schools, shall be deemed to
be business structures.
(d) A highway or portion of a highway shall not be deemed to be
within a district regardless of the number of buildings upon the
contiguous property if there is no right of access to the highway by
vehicles from the contiguous property.
242. 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.
243. 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.
245. 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.
246. 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.
250. 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:
(a) Alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity, including the vehicle
identification number, of a motor vehicle or motor vehicle part, in
order to misrepresent the identity of the motor vehicle or motor
vehicle part, or to prevent the identification of the motor vehicle
or motor vehicle part.
(b) Sell or dispose of the motor vehicle or motor vehicle part.
255. "City" includes every city and city and county within this
State.
257. 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:
(a) For a vehicle of the 1994 to 1996, inclusive, model year, the
emission standard applicable to a transitional low-emission vehicle.
(b) For a vehicle of the 1997 model year, the emission standard
applicable to a low-emission vehicle.
(c) For a vehicle of the 1998 to 2000, inclusive, model year, the
emission standard applicable to an ultra low-emission vehicle.
259. "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.
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
265. The "commissioner" is the Commissioner of the California
Highway Patrol.
266. 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.
267. 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:
(a) Assembles, installs, or affixes a body, cab, or special
equipment to the vehicle chassis.
(b) Substantially adds to, subtracts from, or modifies the
vehicle, if it is a previously assembled or manufactured new vehicle.
270. "County" includes every county and city and county within this
State.
273. 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.
275. "Crosswalk" is either:
(a) That portion of a roadway included within the prolongation or
connection of the boundary lines of sidewalks at intersections where
the intersecting roadways meet at approximately right angles, except
the prolongation of such lines from an alley across a street.
(b) Any portion of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there
shall not be a crosswalk where local authorities have placed signs
indicating no crossing.
280. "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.
285. "Dealer" is a person not otherwise expressly excluded by
Section 286 who:
(a) For commission, money, or other thing of value, sells,
exchanges, buys, or offers for sale, negotiates or attempts to
negotiate, a sale or exchange of an interest in, a vehicle subject to
registration, a motorcycle, snowmobile, or all-terrain vehicle
subject to identification under this code, or a trailer subject to
identification pursuant to Section 5014.1, or induces or attempts to
induce any person to buy or exchange an interest in a vehicle and,
who receives or expects to receive a commission, money, brokerage
fees, profit, or any other thing of value, from either the seller or
purchaser of the vehicle.
(b) Is engaged wholly or in part in the business of selling
vehicles or buying or taking in trade, vehicles for the purpose of
resale, selling, or offering for sale, or consigned to be sold, or
otherwise dealing in vehicles, whether or not the vehicles are owned
by the person.
286. The term "dealer" does not include any of the following:
(a) Insurance companies, banks, finance companies, public
officials, or any other person coming into possession of vehicles in
the regular course of business, who sells vehicles under a
contractual right or obligation, in performance of an official duty,
or in authority of any court of law, if the sale is for the purpose
of saving the seller from loss or pursuant to the authority of a
court.
(b) Persons who sell or distribute vehicles of a type subject to
registration or trailers subject to identification pursuant to
Section 5014.1 for a manufacturer to vehicle dealers licensed under
this code, or who are employed by manufacturers or distributors to
promote the sale of vehicles dealt in by those manufacturers or
distributors. However, any of those persons who also sell vehicles at
retail are vehicle dealers and are subject to this code.
(c) Persons regularly employed as salespersons by vehicle dealers
licensed under this code while acting within the scope of that
employment.
(d) Persons engaged exclusively in the bona fide business of
exporting vehicles or of soliciting orders for the sale and delivery
of vehicles outside the territorial limits of the United States, if
no federal excise tax is legally payable or refundable on any of the
transactions. Persons not engaged exclusively in the bona fide
business of exporting vehicles, but who are engaged in the business
of soliciting orders for the sale and delivery of vehicles, outside
the territorial limits of the United States are exempt from licensure
as dealers only if their sales of vehicles produce less than 10
percent of their total gross revenue from all business transacted.
(e) Persons not engaged in the purchase or sale of vehicles as a
business, who dispose of any vehicle acquired and used in good faith,
for their own personal use, or for use in their business, and not
for the purpose of avoiding the provisions of this code.
(f) Persons who are engaged in the purchase, sale, or exchange of
vehicles, other than motorcycles, all-terrain vehicles, or trailers
subject to identification under this code, that are not intended for
use on the highways.
(g) Persons temporarily retained as auctioneers solely for the
purpose of disposing of vehicle stock inventories by means of public
auction on behalf of the owners at the owners' place of business, or
as otherwise approved by the department, if intermediate physical
possession or control of, or an ownership interest in, the inventory
is not conveyed to the persons so retained.
(h) Persons who are engaged exclusively in the business of
purchasing, selling, servicing, or exchanging racing vehicles, parts
for racing vehicles, and trailers designed and intended by the
manufacturer to be used exclusively for carrying racing vehicles. For
purposes of this subdivision, "racing vehicle" means a motor vehicle
of a type used exclusively in a contest of speed or in a competitive
trial of speed which is not intended for use on the highways.
(i) A person who is a lessor.
(j) A person who is a renter.
(k) A salvage pool.
(l) A yacht broker who is subject to the Yacht and Ship Brokers
Act (Article 2 (commencing with Section 700) of Chapter 5 of Division
3 of the Harbors and Navigation Code) and who sells used boat
trailers in conjunction with the sale of a vessel.
(m) A licensed automobile dismantler who sells vehicles that have
been reported for dismantling as provided in Section 11520.
(n) The Director of Corrections when selling vehicles pursuant to
Section 2813.5 of the Penal Code.
(o) (1) Any public or private nonprofit charitable, religious, or
educational institution or organization that sells vehicles if all of
the following conditions are met:
(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.
(2) An institution or organization described in paragraph (1) may
sell vehicles on behalf of another institution or organization under
the following conditions:
(A) The nonselling institution or organization meets the
requirements of paragraph (1).
(B) The selling and nonselling institutions or organizations enter
into a signed, written agreement pursuant to subparagraph (A) of
paragraph (3) of subdivision (a) of Section 1660.
(C) The selling institution or organization transfers the proceeds
from the sale of each vehicle to the nonselling institution or
organization within 45 days of the sale. All net proceeds transferred
to the nonselling institution or organization shall clearly be
identifiable to the sale of a specific vehicle. The selling
institution or organization may retain a percentage of the proceeds
from the sale of a particular vehicle. However, any retained proceeds
shall be used by the selling institution or organization for its
charitable, religious, or educational purposes.
(D) At the time of transferring the proceeds, the selling
institution or organization shall provide to the nonselling
institution or organization, an itemized listing of the vehicles sold
and the amount for which each vehicle was sold.
(E) In the event the selling institution or organization cannot
complete a retail sale of a particular vehicle, or if the vehicle
cannot be transferred as a wholesale transaction to a dealer licensed
under this code, the vehicle shall be returned to the nonselling
institution or organization and the written agreement revised to
reflect that return. Under no circumstances may a selling institution
or organization transfer or donate the vehicle to a third party that
is excluded from the definition of a dealer under this section.
(3) An institution or organization described in this subdivision
shall retain all records required to be retained pursuant to Section
1660.
(p) A motor club, as defined in Section 12142 of the Insurance
Code, that does not arrange or negotiate individual motor vehicle
purchase transactions on behalf of its members but refers members to
a new motor vehicle dealer for the purchase of a new motor vehicle
and does not receive a fee from the dealer contingent upon the sale
of the vehicle.
288. "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.
289. "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.
290. "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.
291. 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.
295. The "director" is the Director of Motor Vehicles.
295.5. A "disabled person" is any of the following:
(a) Any person who has lost, or has lost the use of, one or more
lower extremities or both hands, or who has significant limitation in
the use of lower extremities, or who has a diagnosed disease or
disorder which substantially impairs or interferes with mobility, or
who is so severely disabled as to be unable to move without the aid
of an assistant device.
(b) Any person who is blind to the extent that the person's
central visual acuity does not exceed 20/200 in the better eye, with
corrective lenses, as measured by the Snellen test, or visual acuity
that is greater than 20/200, but with a limitation in the field of
vision such that the widest diameter of the visual field subtends an
angle not greater than 20 degrees.
(c) Any person who suffers from lung disease to the extent of any
of the following:
(1) The person's forced (respiratory) expiratory volume for one
second when measured by spirometry is less than one liter.
(2) The person's arterial oxygen tension (pO2) is less than 60
mm/Hg on room air while the person is at rest.
(d) Any person who is impaired by cardiovascular disease to the
extent that the person's functional limitations are classified in
severity as class III or class IV based upon standards accepted by
the American Heart Association.
295.7. 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:
(a) Has a disability which has been rated at 100 percent by the
Department of Veterans Affairs or the military service from which the
veteran was discharged, due to a diagnosed disease or disorder which
substantially impairs or interferes with mobility.
(b) Is so severely disabled as to be unable to move without the
aid of an assistant device.
(c) Has lost, or has lost use of, one or more limbs.
(d) Has suffered permanent blindness, as defined in Section 19153
of the Welfare and Institutions Code.
296. 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.
297. 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.
300. 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.
303. 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.
305. 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.
310. 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.
310.4. 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.
310.6. 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.
310.8. 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.
311. 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.
312. 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.
313. 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.
314. An "expressway" is a portion of highway that is part of either
of the following:
(a) An expressway system established by a county under Section
941.4 of the Streets and Highways Code.
(b) An expressway system established by a county before January 1,
1989, as described in subdivision (g) of Section 941.4 of the
Streets and Highways Code.
315. "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.
320. "Established place of business" is a place actually occupied
either continuously or at regular periods by any of the following:
(a) A dealer, remanufacturer, remanufacturer branch, manufacturer,
manufacturer branch, distributor, distributor branch, automobile
driving school, or traffic violator school where the books and
records pertinent to the type of business being conducted are kept.
(b) An automobile dismantler where the books and records pertinent
to the type of business being conducted are kept. A place of
business of an automobile dismantler which qualified as an
"established place of business" before September 17, 1970, is an
"established place of business" as defined in this section.
(c) A registration service where the books and records pertinent
to the type of business being conducted are kept.
320.5. 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.
321. "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.
322. (a) A "farm labor vehicle" is any motor vehicle designed,
used, or maintained for the transportation of nine or more
farmworkers, in addition to the driver, to or from a place of
employment or employment-related activities.
(b) For the purpose of this section, a farmworker is any person
engaged in rendering personal services for hire and compensation in
connection with the production or harvesting of any farm products.
(c) "Farm labor vehicle" does not include:
(1) Any vehicle carrying only members of the immediate family of
the owner or driver thereof.
(2) Any vehicle while being operated under specific authority
granted by the Public Utilities Commission or under specific
authority granted to a transit system by an authorized city or county
agency.
324. 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.
324.5. 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.
325. A "foreign jurisdiction" is any other state, the District of
Columbia, territories or possessions of the United States, and
foreign states, provinces, or countries.
330. 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.
331. (a) A "franchise" is a written agreement between two or more
persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing
indefinite duration.
(2) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail new motor vehicles or new
trailers subject to identification pursuant to Section 5014.1
manufactured or distributed by the franchisor or the right to perform
authorized warranty repairs and service, or the right to perform any
combination of these activities.
(3) The franchisee constitutes a component of the franchisor's
distribution system.
(4) The operation of the franchisee's business is substantially
associated with the franchisor's trademark, trade name, advertising,
or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is
substantially reliant on the franchisor for a continued supply of new
vehicles, parts, or accessories.
(b) The term "franchise" does not include an agreement entered
into by a manufacturer or distributor and a person where all the
following apply:
(1) The person is authorized to perform warranty repairs and
service on vehicles manufactured or distributed by the manufacturer
or distributor.
(2) The person is not a new motor vehicle dealer franchisee of the
manufacturer or distributor.
(3) The person's repair and service facility is not located within
the relevant market area of a new motor vehicle dealer franchisee of
the manufacturer or distributor.
331.1. 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.
331.2. 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.
331.3. A "recreational vehicle franchise" is a written agreement
between two or more persons having both of the following conditions:
(a) A commercial relationship of definite duration or continuing
indefinite duration.
(b) The franchisee is granted the right to offer for sale or
lease, or to sell or lease at retail, new recreational vehicles, as
defined in subdivision (a) of Section 18010 of the Health and Safety
Code, that are manufactured or distributed by the franchisor, or the
right to perform authorized warranty repairs and service, or the
right to perform any combination of these activities.
332. "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.
335. 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.
336. "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.
340. 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.
345. 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.
350. (a) "Gross vehicle weight rating" (GVWR) means the weight
specified by the manufacturer as the loaded weight of a single
vehicle.
(b) Gross combination weight rating (GCWR) means the weight
specified by the manufacturer as the loaded weight of a combination
or articulated vehicle. In the absence of a weight specified by the
manufacturer, GCWR shall be determined by adding the GVWR of the
power unit and the total unladen weight of the towed units and any
load thereon.
353. "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.
360. "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.
362. 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.
365. 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.
370. 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.
371. 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.
372. 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."
373. 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:
(a) The lessee of the vehicle, or the person who, for a period of
at least one year, has been designated by the lessee as the driver of
the vehicle covered by a written lease agreement.
(b) A buyer for agricultural, business, or commercial purposes.
(c) A government or governmental agency or instrumentality.
375. "Lighting equipment" is any of the following lamps or devices:
(a) A headlamp, auxiliary driving, passing, or fog lamp, fog
taillamp, taillamp, stoplamp, supplemental stoplamp, license plate
lamp, clearance lamp, side marker lamp, signal lamp or device,
supplemental signal lamp, deceleration signal device, cornering lamp,
running lamp, red, blue, amber, or white warning lamp, flashing red
schoolbus lamp, side-mounted turn signal lamp, and schoolbus side
lamp.
(b) An operating unit or canceling mechanism for turn signal lamps
or for the simultaneous flashing of turn signal lamps as vehicular
hazard signals, and an advance stoplamp switch.
(c) A flasher mechanism for turn signals, red schoolbus lamps,
warning lamps, the simultaneous flashing of turn signal lamps as
vehicular hazard signals, and the headlamp flashing systems for
emergency vehicles.
(d) Any equipment regulating the light emitted from a lamp or
device or the light sources therein.
(e) A reflector, including reflectors for use on bicycles, and
reflectors used for required warning devices.
(f) An illuminating device that emits radiation predominantly in
the infrared or ultraviolet regions of the spectrum, whether or not
these emissions are visible to the unaided eye.
(g) An illuminated sign installed on a bus that utilizes an
electronic display to convey the route designation, route number, run
number, public service announcement, or any combination of these
information.
377. 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.
378. A "logging dolly" is a vehicle designed for carrying logs,
having one or more axles which axles, if there be 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.
379. 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.
380. "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.
385. "Local authorities" means the legislative body of every county
or municipality having authority to adopt local police regulations.
385.5. (a) A "low-speed vehicle" is a motor vehicle that meets all
of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per
hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds.
(b) (1) For the purposes of this section, a "low-speed vehicle" is
not a golf cart, except when operated pursuant to Section 21115 or
21115.1.
(2) A "low-speed vehicle" is also known as a "neighborhood
electric vehicle."
386. 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.
387. "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.
389. 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.
395. 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.
395.5. A "mobile billboard advertising display" means an
advertising display that is attached to a wheeled, mobile,
nonmotorized vehicle, that carries, pulls, or transports a sign or
billboard, and is for the primary purpose of advertising.
396. "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.
400. (a) A "motorcycle" is a motor vehicle having a seat or saddle
for the use of the rider, designed to travel on not more than three
wheels in contact with the ground.
(b) A motor vehicle that has four wheels in contact with the
ground, two of which are a functional part of a sidecar, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
(c) A farm tractor is not a motorcycle.
(d) A three-wheeled motor vehicle that otherwise meets the
requirements of subdivision (a), has a partially or completely
enclosed seating area for the driver and passenger, is used by local
public agencies for the enforcement of parking control provisions,
and is operated at slow speeds on public streets, is not a
motorcycle. However, a motor vehicle described in this subdivision
shall comply with the applicable sections of this code imposing
equipment installation requirements on motorcycles.
405. 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.
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(2) The disclosure shall include the following language in capital
letters:
"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."
407. 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.
407.5. (a) A "motorized scooter" is any two-wheeled device that has
handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor. This device may also
have a driver seat that does not interfere with the ability of the
rider to stand and ride and may also be designed to be powered by
human propulsion. 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.
(b) A device meeting the definition in subdivision (a) that is
powered by a source other than electrical power is also a motorized
scooter.
(c) (1) A manufacturer of motorized scooters shall provide a
disclosure to buyers that advises buyers that the buyers' existing
insurance policies may not provide coverage for these scooters and
that the buyers should contact their insurance company or insurance
agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"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."
(d) (1) A manufacturer of motorized scooters shall provide a
disclosure to a buyer that advises the buyer that the buyer may not
modify or alter the exhaust system to cause that system to amplify or
create an excessive noise, or to fail to meet applicable emission
requirements.
(2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(B) The disclosure shall include the following language in capital
letters:
"YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO
CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE
SECTION 21226, OR TO FAIL TO MEET
APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."
(e) This section shall become operative on January 1, 2008.
408. "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.
410. A "motor truck" or "motortruck" is a motor vehicle designed,
used, or maintained primarily for the transportation of property.
415. (a) A "motor vehicle" is a vehicle that is self-propelled.
(b) "Motor vehicle" does not include a self-propelled wheelchair,
motorized tricycle, or motorized quadricycle, if operated by a person
who, by reason of physical disability, is otherwise unable to move
about as a pedestrian.
(c) For purposes of Chapter 6 (commencing with Section 3000) of
Division 2, "motor vehicle" includes a recreational vehicle as that
term is defined in subdivision (a) of Section 18010 of the Health and
Safety Code, but does not include a truck camper.
425. 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.
426. "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 Section 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.
430. 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.
431. 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.
(a) A nonrepairable vehicle is a vehicle that has no r
