22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop at a limit line,
if marked, otherwise before entering the crosswalk on the near side
of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.
(b) The driver of a vehicle approaching a stop sign at a railroad
grade crossing shall stop at a limit line, if marked, otherwise
before crossing the first track or entrance to the railroad grade
crossing.
(c) Notwithstanding any other provision of law, a local authority
may adopt rules and regulations by ordinance or resolution providing
for the placement of a stop sign at any location on a highway under
its jurisdiction where the stop sign would enhance traffic safety.
22451. (a) The driver of any vehicle or pedestrian approaching a
railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.
(c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.
22452. (a) Subdivisions (b) and (d) apply to the operation of the
following vehicles:
(1) A bus or farm labor vehicle carrying passengers.
(2) A motortruck transporting employees in addition to those
riding in the cab.
(3) A schoolbus and a school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4) of
subdivision (d).
(4) A commercial motor vehicle transporting any quantity of a
Division 2.3 chlorine, as classified by Title 49 of the Code of
Federal Regulations.
(5) A commercial motor vehicle that is required to be marked or
placarded in accordance with the regulations of Title 49 of the Code
of Federal Regulations with one of the following federal
classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) A cargo tank motor vehicle, whether loaded or empty, used for
the transportation of a hazardous material, as defined in Parts 107
to 180, inclusive, of Title 49 of the Code of Federal Regulations.
(6) A cargo tank motor vehicle transporting a commodity that at
the time of loading has a temperature above its flashpoint, as
determined under Section 173.120 of Title 49 of the Code of Federal
Regulations.
(7) A cargo tank motor vehicle, whether loaded or empty,
transporting a commodity under exemption in accordance with Subpart B
of Part 107 of Title 49 of the Code of Federal Regulations.
(b) Before traversing a railroad grade crossing, the driver of a
vehicle described in subdivision (a) shall stop that vehicle not less
than 15 nor more than 50 feet from the nearest rail of the track and
while so stopped shall listen, and look in both directions along the
track, for an approaching train and for signals indicating the
approach of a train, and shall not proceed until he or she can do so
safely. Upon proceeding, the gears shall not be shifted manually
while crossing the tracks.
(c) The driver of a commercial motor vehicle, other than those
listed in subdivision (a), upon approaching a railroad grade
crossing, shall be driven at a rate of speed that allows the
commercial vehicle to stop before reaching the nearest rail of that
crossing, and shall not be driven upon, or over, the crossing until
due caution is taken to ascertain that the course is clear.
(d) A stop need not be made at a crossing in the following
circumstances:
(1) Of railroad tracks running along and upon the roadway within a
business or residence district.
(2) Where a traffic officer or an official traffic control signal
directs traffic to proceed.
(3) Where an exempt sign was authorized by the Public Utilities
Commission prior to January 1, 1978.
(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the Department of
Transportation or a local authority pursuant to Section 22452.5. This
paragraph does not apply with respect to a schoolbus or to a school
pupil activity bus transporting school pupils.
22452.5. The Department of Transportation and local authorities,
with respect to highways under their respective jurisdictions, may
place signs at railroad grade crossings permitting any vehicle
described in subdivision (a) of Section 22452 to traverse such
crossings without stopping. Such signs shall be placed in accordance
with criteria adopted by the Public Utilities Commission. Prior to
placing such signs, the Department of Transportation or local
authority shall consult with the Department of the California Highway
Patrol, railroad corporations involved, and the operators involved
and shall secure the permission of the Public Utilities Commission if
a railroad corporation under the jurisdiction of the Public
Utilities Commission is affected. Prior to permitting the placement
of such signs, the Public Utilities Commission shall seek the
concurrence of the Department of the California Highway Patrol.
22453. Failure of the driver of a motor vehicle carrying any
passenger for hire to stop as required in Section 22452 shall not be
imputed to any bona fide passenger for hire in such vehicle.
22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
(d) This section also applies to a roadway upon private property.
22454.5. Notwithstanding Section 42001, a person convicted of a
first violation of Section 22454 shall be punished by a fine of not
less than one hundred fifty dollars ($150) or more than two hundred
fifty dollars ($250). A person convicted of a second separate
violation of Section 22454 shall be punished by a fine of not less
than five hundred dollars ($500) or more than one thousand dollars
($1,000). If a person is convicted of a third or subsequent violation
of Section 22454 and the offense occurred within three years of two
or more separate violations of Section 22454, the Department of Motor
Vehicles shall suspend the person's privilege to operate a motor
vehicle for one year.
22455. (a) The driver of any commercial vehicle engaged in vending
upon a street may vend products on a street in a residence district
only after bringing the vehicle to a complete stop and lawfully
parking adjacent to the curb, consistent with the requirements of
Chapter 9 (commencing with Section 22500) and local ordinances
adopted pursuant thereto.
(b) Notwithstanding subdivision (a) of Section 114315 of the
Health and Safety Code or any other provision of law, a local
authority may, by ordinance or resolution, adopt additional
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon any
street.
22456. (a) This section shall be known and may be cited as the
Destiny Nicole Stout Memorial Act.
(b) The Legislature finds and declares that motor vehicles engaged
in vending ice cream and similar food items in residential
neighborhoods can increase the danger to children, and it is
necessary that these vehicles are clearly seen and noticed by
motorists and pedestrians to protect public safety.
(c) As used in this section, the term "ice cream truck" means a
motor vehicle engaged in the curbside vending or sale of frozen or
refrigerated desserts, confections, or novelties commonly known as
ice cream, or prepackaged candies, prepackaged snack foods, or soft
drinks, primarily intended for the sale to children under 12 years of
age.
(d) Any ice cream truck shall be equipped at all times, while
engaged in vending in a residential area, with signs mounted on both
the front and the rear and clearly legible from a distance of 100
feet under daylight conditions, incorporating the words "WARNING" and
"CHILDREN CROSSING." Each sign shall be at least 12 inches high by
48 inches wide, with letters of a dark color and at least four inches
in height, a one-inch wide solid border, and a sharply contrasting
background.
(e) A person may not vend from an ice cream truck that is stopped,
parked, or standing on any public street, alley, or highway under
any of the following conditions:
(1) On a street, alley, or highway with a posted speed limit
greater than 25 miles per hour.
(2) If the street, alley, or highway is within 100 feet of an
intersection with an opposing highway that has a posted speed limit
greater than 25 miles per hour.
(3) If the vendor does not have an unobstructed view for 200 feet
in both directions along the highway and of any traffic on the
highway.
22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop at a limit line,
if marked, otherwise before entering the crosswalk on the near side
of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.
(b) The driver of a vehicle approaching a stop sign at a railroad
grade crossing shall stop at a limit line, if marked, otherwise
before crossing the first track or entrance to the railroad grade
crossing.
(c) Notwithstanding any other provision of law, a local authority
may adopt rules and regulations by ordinance or resolution providing
for the placement of a stop sign at any location on a highway under
its jurisdiction where the stop sign would enhance traffic safety.
22451. (a) The driver of any vehicle or pedestrian approaching a
railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.
(c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.
22452. (a) Subdivisions (b) and (d) apply to the operation of the
following vehicles:
(1) A bus or farm labor vehicle carrying passengers.
(2) A motortruck transporting employees in addition to those
riding in the cab.
(3) A schoolbus and a school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4) of
subdivision (d).
(4) A commercial motor vehicle transporting any quantity of a
Division 2.3 chlorine, as classified by Title 49 of the Code of
Federal Regulations.
(5) A commercial motor vehicle that is required to be marked or
placarded in accordance with the regulations of Title 49 of the Code
of Federal Regulations with one of the following federal
classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) A cargo tank motor vehicle, whether loaded or empty, used for
the transportation of a hazardous material, as defined in Parts 107
to 180, inclusive, of Title 49 of the Code of Federal Regulations.
(6) A cargo tank motor vehicle transporting a commodity that at
the time of loading has a temperature above its flashpoint, as
determined under Section 173.120 of Title 49 of the Code of Federal
Regulations.
(7) A cargo tank motor vehicle, whether loaded or empty,
transporting a commodity under exemption in accordance with Subpart B
of Part 107 of Title 49 of the Code of Federal Regulations.
(b) Before traversing a railroad grade crossing, the driver of a
vehicle described in subdivision (a) shall stop that vehicle not less
than 15 nor more than 50 feet from the nearest rail of the track and
while so stopped shall listen, and look in both directions along the
track, for an approaching train and for signals indicating the
approach of a train, and shall not proceed until he or she can do so
safely. Upon proceeding, the gears shall not be shifted manually
while crossing the tracks.
(c) The driver of a commercial motor vehicle, other than those
listed in subdivision (a), upon approaching a railroad grade
crossing, shall be driven at a rate of speed that allows the
commercial vehicle to stop before reaching the nearest rail of that
crossing, and shall not be driven upon, or over, the crossing until
due caution is taken to ascertain that the course is clear.
(d) A stop need not be made at a crossing in the following
circumstances:
(1) Of railroad tracks running along and upon the roadway within a
business or residence district.
(2) Where a traffic officer or an official traffic control signal
directs traffic to proceed.
(3) Where an exempt sign was authorized by the Public Utilities
Commission prior to January 1, 1978.
(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the Department of
Transportation or a local authority pursuant to Section 22452.5. This
paragraph does not apply with respect to a schoolbus or to a school
pupil activity bus transporting school pupils.
22452.5. The Department of Transportation and local authorities,
with respect to highways under their respective jurisdictions, may
place signs at railroad grade crossings permitting any vehicle
described in subdivision (a) of Section 22452 to traverse such
crossings without stopping. Such signs shall be placed in accordance
with criteria adopted by the Public Utilities Commission. Prior to
placing such signs, the Department of Transportation or local
authority shall consult with the Department of the California Highway
Patrol, railroad corporations involved, and the operators involved
and shall secure the permission of the Public Utilities Commission if
a railroad corporation under the jurisdiction of the Public
Utilities Commission is affected. Prior to permitting the placement
of such signs, the Public Utilities Commission shall seek the
concurrence of the Department of the California Highway Patrol.
22453. Failure of the driver of a motor vehicle carrying any
passenger for hire to stop as required in Section 22452 shall not be
imputed to any bona fide passenger for hire in such vehicle.
22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
(d) This section also applies to a roadway upon private property.
22454.5. Notwithstanding Section 42001, a person convicted of a
first violation of Section 22454 shall be punished by a fine of not
less than one hundred fifty dollars ($150) or more than two hundred
fifty dollars ($250). A person convicted of a second separate
violation of Section 22454 shall be punished by a fine of not less
than five hundred dollars ($500) or more than one thousand dollars
($1,000). If a person is convicted of a third or subsequent violation
of Section 22454 and the offense occurred within three years of two
or more separate violations of Section 22454, the Department of Motor
Vehicles shall suspend the person's privilege to operate a motor
vehicle for one year.
22455. (a) The driver of any commercial vehicle engaged in vending
upon a street may vend products on a street in a residence district
only after bringing the vehicle to a complete stop and lawfully
parking adjacent to the curb, consistent with the requirements of
Chapter 9 (commencing with Section 22500) and local ordinances
adopted pursuant thereto.
(b) Notwithstanding subdivision (a) of Section 114315 of the
Health and Safety Code or any other provision of law, a local
authority may, by ordinance or resolution, adopt additional
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon any
street.
22456. (a) This section shall be known and may be cited as the
Destiny Nicole Stout Memorial Act.
(b) The Legislature finds and declares that motor vehicles engaged
in vending ice cream and similar food items in residential
neighborhoods can increase the danger to children, and it is
necessary that these vehicles are clearly seen and noticed by
motorists and pedestrians to protect public safety.
(c) As used in this section, the term "ice cream truck" means a
motor vehicle engaged in the curbside vending or sale of frozen or
refrigerated desserts, confections, or novelties commonly known as
ice cream, or prepackaged candies, prepackaged snack foods, or soft
drinks, primarily intended for the sale to children under 12 years of
age.
(d) Any ice cream truck shall be equipped at all times, while
engaged in vending in a residential area, with signs mounted on both
the front and the rear and clearly legible from a distance of 100
feet under daylight conditions, incorporating the words "WARNING" and
"CHILDREN CROSSING." Each sign shall be at least 12 inches high by
48 inches wide, with letters of a dark color and at least four inches
in height, a one-inch wide solid border, and a sharply contrasting
background.
(e) A person may not vend from an ice cream truck that is stopped,
parked, or standing on any public street, alley, or highway under
any of the following conditions:
(1) On a street, alley, or highway with a posted speed limit
greater than 25 miles per hour.
(2) If the street, alley, or highway is within 100 feet of an
intersection with an opposing highway that has a posted speed limit
greater than 25 miles per hour.
(3) If the vendor does not have an unobstructed view for 200 feet
in both directions along the highway and of any traffic on the
highway.
22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection shall stop at a limit line,
if marked, otherwise before entering the crosswalk on the near side
of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.
(b) The driver of a vehicle approaching a stop sign at a railroad
grade crossing shall stop at a limit line, if marked, otherwise
before crossing the first track or entrance to the railroad grade
crossing.
(c) Notwithstanding any other provision of law, a local authority
may adopt rules and regulations by ordinance or resolution providing
for the placement of a stop sign at any location on a highway under
its jurisdiction where the stop sign would enhance traffic safety.
22451. (a) The driver of any vehicle or pedestrian approaching a
railroad or rail transit grade crossing shall stop not less than 15
feet from the nearest rail and shall not proceed until he or she can
do so safely, whenever the following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train or car.
(2) An approaching train or car is plainly visible or is emitting
an audible signal and, by reason of its speed or nearness, is an
immediate hazard.
(b) No driver or pedestrian shall proceed through, around, or
under any railroad or rail transit crossing gate while the gate is
closed.
(c) Whenever a railroad or rail transit crossing is equipped with
an automated enforcement system, a notice of a violation of this
section is subject to the procedures provided in Section 40518.
22452. (a) Subdivisions (b) and (d) apply to the operation of the
following vehicles:
(1) A bus or farm labor vehicle carrying passengers.
(2) A motortruck transporting employees in addition to those
riding in the cab.
(3) A schoolbus and a school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4) of
subdivision (d).
(4) A commercial motor vehicle transporting any quantity of a
Division 2.3 chlorine, as classified by Title 49 of the Code of
Federal Regulations.
(5) A commercial motor vehicle that is required to be marked or
placarded in accordance with the regulations of Title 49 of the Code
of Federal Regulations with one of the following federal
classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) A cargo tank motor vehicle, whether loaded or empty, used for
the transportation of a hazardous material, as defined in Parts 107
to 180, inclusive, of Title 49 of the Code of Federal Regulations.
(6) A cargo tank motor vehicle transporting a commodity that at
the time of loading has a temperature above its flashpoint, as
determined under Section 173.120 of Title 49 of the Code of Federal
Regulations.
(7) A cargo tank motor vehicle, whether loaded or empty,
transporting a commodity under exemption in accordance with Subpart B
of Part 107 of Title 49 of the Code of Federal Regulations.
(b) Before traversing a railroad grade crossing, the driver of a
vehicle described in subdivision (a) shall stop that vehicle not less
than 15 nor more than 50 feet from the nearest rail of the track and
while so stopped shall listen, and look in both directions along the
track, for an approaching train and for signals indicating the
approach of a train, and shall not proceed until he or she can do so
safely. Upon proceeding, the gears shall not be shifted manually
while crossing the tracks.
(c) The driver of a commercial motor vehicle, other than those
listed in subdivision (a), upon approaching a railroad grade
crossing, shall be driven at a rate of speed that allows the
commercial vehicle to stop before reaching the nearest rail of that
crossing, and shall not be driven upon, or over, the crossing until
due caution is taken to ascertain that the course is clear.
(d) A stop need not be made at a crossing in the following
circumstances:
(1) Of railroad tracks running along and upon the roadway within a
business or residence district.
(2) Where a traffic officer or an official traffic control signal
directs traffic to proceed.
(3) Where an exempt sign was authorized by the Public Utilities
Commission prior to January 1, 1978.
(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the Department of
Transportation or a local authority pursuant to Section 22452.5. This
paragraph does not apply with respect to a schoolbus or to a school
pupil activity bus transporting school pupils.
22452.5. The Department of Transportation and local authorities,
with respect to highways under their respective jurisdictions, may
place signs at railroad grade crossings permitting any vehicle
described in subdivision (a) of Section 22452 to traverse such
crossings without stopping. Such signs shall be placed in accordance
with criteria adopted by the Public Utilities Commission. Prior to
placing such signs, the Department of Transportation or local
authority shall consult with the Department of the California Highway
Patrol, railroad corporations involved, and the operators involved
and shall secure the permission of the Public Utilities Commission if
a railroad corporation under the jurisdiction of the Public
Utilities Commission is affected. Prior to permitting the placement
of such signs, the Public Utilities Commission shall seek the
concurrence of the Department of the California Highway Patrol.
22453. Failure of the driver of a motor vehicle carrying any
passenger for hire to stop as required in Section 22452 shall not be
imputed to any bona fide passenger for hire in such vehicle.
22454. (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or unloading
any schoolchildren and displays a flashing red light signal and stop
signal arm, as defined in paragraph (4) of subdivision (b) of
Section 25257, if equipped with a stop signal arm, visible from front
or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
(c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense. That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General. The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
(d) This section also applies to a roadway upon private property.
22454.5. Notwithstanding Section 42001, a person convicted of a
first violation of Section 22454 shall be punished by a fine of not
less than one hundred fifty dollars ($150) or more than two hundred
fifty dollars ($250). A person convicted of a second separate
violation of Section 22454 shall be punished by a fine of not less
than five hundred dollars ($500) or more than one thousand dollars
($1,000). If a person is convicted of a third or subsequent violation
of Section 22454 and the offense occurred within three years of two
or more separate violations of Section 22454, the Department of Motor
Vehicles shall suspend the person's privilege to operate a motor
vehicle for one year.
22455. (a) The driver of any commercial vehicle engaged in vending
upon a street may vend products on a street in a residence district
only after bringing the vehicle to a complete stop and lawfully
parking adjacent to the curb, consistent with the requirements of
Chapter 9 (commencing with Section 22500) and local ordinances
adopted pursuant thereto.
(b) Notwithstanding subdivision (a) of Section 114315 of the
Health and Safety Code or any other provision of law, a local
authority may, by ordinance or resolution, adopt additional
requirements for the public safety regulating the type of vending and
the time, place, and manner of vending from vehicles upon any
street.
22456. (a) This section shall be known and may be cited as the
Destiny Nicole Stout Memorial Act.
(b) The Legislature finds and declares that motor vehicles engaged
in vending ice cream and similar food items in residential
neighborhoods can increase the danger to children, and it is
necessary that these vehicles are clearly seen and noticed by
motorists and pedestrians to protect public safety.
(c) As used in this section, the term "ice cream truck" means a
motor vehicle engaged in the curbside vending or sale of frozen or
refrigerated desserts, confections, or novelties commonly known as
ice cream, or prepackaged candies, prepackaged snack foods, or soft
drinks, primarily intended for the sale to children under 12 years of
age.
(d) Any ice cream truck shall be equipped at all times, while
engaged in vending in a residential area, with signs mounted on both
the front and the rear and clearly legible from a distance of 100
feet under daylight conditions, incorporating the words "WARNING" and
"CHILDREN CROSSING." Each sign shall be at least 12 inches high by
48 inches wide, with letters of a dark color and at least four inches
in height, a one-inch wide solid border, and a sharply contrasting
background.
(e) A person may not vend from an ice cream truck that is stopped,
parked, or standing on any public street, alley, or highway under
any of the following conditions:
(1) On a street, alley, or highway with a posted speed limit
greater than 25 miles per hour.
(2) If the street, alley, or highway is within 100 feet of an
intersection with an opposing highway that has a posted speed limit
greater than 25 miles per hour.
(3) If the vendor does not have an unobstructed view for 200 feet
in both directions along the highway and of any traffic on the
highway.
