The Unsorted BBS Collection/thegreatunsorted.tar/thegreatunsorted/texts/txtfiles_misc/93vehcod.txt

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    1993 California Vehicle Code
    (Through the 1992 Legislative Session)

[NOTE: This is a study of licensing, registration and related issues (e. g.,
contract, quasi-contract, etc.).  The Vehicle Code, by section, has been
searched, and related statutes have also been studied.  Many sections have
been clarified and many words defined by resort to various constitutional,
statutory, case citations, and various other sources, each of which is
identified.  Any and all supplemental information is welcome.  Robert D.
Ferlingere, c/o USPS P.O. Box 437, Pine Grove, California.]

    "FOREWORD

    "... The State Edition of the Vehicle Code contains the text recodified
by Chapter 3, Statutes of 1959, as amended by chapters enacted subsequently
in the Statutes of 1959 through 1992. ... Prior to 1967 the Legislature met
every other year (in odd-numbered years) to consider matters of general
legislation. ... The Vehicle Code was published every other year, following
the full sessions of the Legislature. ... For legislative history of the
Vehicle Code as enacted in Chapter 27, Statutes of 1935, and of its sections
prior to the 1959 recodification, reference may be made to the 1957 or
earlier printings of the Vehicle Code in the State Edition, or to an
annotated edition.  Most editions of the code published in 1959 and 1961
contain Tables of Derivation and Disposition of the sections renumbered in
the 1959 recodification.  For purposes of the State Edition, these tables
were deemed to be of diminishing reference value effective with the 1963
edition, and have not been included in subsequent issues."

    "re-, [from Fr. or L.; Fr. re-, ré-; L. re-; red-, back, back-ward.]
       ...
        "2. a prefix meaning again, anew, over again, as in reappear, retell.
        "When hyphenated, it is used (a) to distinguish between a word in
which the prefix means simply again or anew and a word of similar form having
a special meaning or meanings (e.g., re-sound, resound); ..."  Webster's New
Twentieth Century Diction-ary, Unabridged, Second Edition, 1956, p. 1499.

     "codify ..., v.t.; codified, pt., pp.; codifying, ppr. to arrange (laws,
etc.) systematically; to reduce a code or digest, as laws."  Webster's New
Twentieth Century Dictionary, Unabridged, Second Edition, 1956, p. 350.

     "AN ACT TO ESTABLISH A COMMERCIAL CODE, THEREBY CONSOLIDATING AND
          REVISING THE LAW RELATING TO CERTAIN COMMERCIAL TRANSACTIONS IN OR
          REGARDING PERSONAL PROPERTY AND CONTRACTS AND OTHER DOCUMENTS
          CONCERNING THEM, INCLUDING SALES, COMMERCIAL PAPER, ... WAREHOUSE
          RECEIPTS, BILLS OF LADING, OTHER DOCUMENTS OF TITLE, ... INCLUDING
          ... CONTRACT RIGHTS; ... REGULATING PROCEDURE, EVIDENCE AND DAMAGES
          IN CERTAIN COURT ACTIONS INVOLVING SUCH TRANSACTIONS, CONTRACTS OR
          DOCUMENTS; TO MAKE UNIFORM THE LAW WITH RESPECT THERETO; AMEND-ING
          VARIOUS SECTIONS OF THE CIVIL CODE, CODE OF CIVIL PROCEDURE,
          CORPORA-TIONS CODE, FINANCIAL CODE AND VEHICLE CODE, TO MAKE THEM
          CONSISTENT THERE-WITH ...  "[Enacted Stats 1963 ch 819; Approved
          June 8, 1963; Effective January 1, 1965.]  Deering's California
          Codes, Annota-ted, Uniform Commercial Code, Bancroft-Whitney, 1986,
          p. 1.  [NOTE: All Commercial Code cites are from this edition,
          unless otherwies noted.]

     "VEHICLE CODE

    "An act to repeal and re-enact the Vehicle Code.

    "[Chapter 3, Statutes of 1959, as amended to the close of the
    Regular Session of the Legislature in 1990.]

The people of the State of California do enact as follows:

    "GENERAL PROVISIONS

"Continuation of Existing Law
   "2.  The provisions of this code, insofar as they are substantially the
same as existing provisions relating to the same subject matter, shall be
construed as restatements and continuations thereof and not as new
enactments."

     "construe, v.t.; construed, pt., pp.; construing, p pr. [ME. construen,
        to interpret, construe; L. construere, to heap up, bring together;
        from com-, together, and struere, to heap, or pile up.] "1. to
        analyze (a clause, etc.) so as to show its grammatical construction
        and meaning.  "2. to translate.  "3. to explain or deduce the meaning
        of; interpret; as her sudden departure was construed as an insult.
        "4. to infer or deduce.  "5. in grammar, to combine in syntax; as,
        the verb let, unlike permit, is construed with an infinitive omitting
        the to."  Webster's New Twentieth Century Dictionary, Unabridged,
        Second Edition, 1956, p. 392.

    "restatement, n.  1. a restating or being restated.
       "2. a statement made again.
        "3. a statement (of something stated before) in a new form."
         Webster's New Twentieth Century Dictionary, Unabridged, Second
         Edition, 1956, p. 1544.

     "continuation, n.  1. a keeping up or going on without interrup-tion;
        prolonged and unbroken existence or maintenance.
        "2. a taking up or beginning again after an interruption; resumption.
        "3. a part or thing added to make something reach further or last
        longer; extension; supplement; sequel."  Webster's New Twentieth
        Century Dictionary, Unabridged, Second Edition, 1956, p. 395.

     "new, a.; comp. newer; superl. newest. [AS. niwe, neowe, new; compare D.
      nieuw, Dan. and Sw. ny, Ice. nyr, Goth. niujis, O.H.G. niwi, niuwi,
      Lith. naujas, L. novus, Gr. neos, Sans. navas, new.]
      "1. never existing before; appearing, thought of, developed, made, produced, etc.
      for the first time.  ...  "Syn.─novel, fresh, modern, recent, young."
      "new, adv.  1. lately; newly; recently: often used in hyphenated
      compounds ... "2. again."  "new, n.  something new."  Webster's New
      Twentieth Century Dic-tionary, Unabridged, Second Edition, 1956, pp.
      1208-1208.

     "enactment, n.  1. the passing of a bill into a law; the act of voting,
        decreeing, and giving validity to a law.
        "2. a statute; a law enacted; an act; a decree."  Webster's New
        Twentieth Century Dictionary, Unabridged, Second Edition, 1956, p.
        596.

"Pending Proceedings and Accrued Rights
   "4.  No action or proceeding commenced before this code takes effect, and
      no right accrued, is affected by the provisions of this code, but all
      procedure taken therein shall conform to the provisions of this code so
      far as possible."

     "ACCRUED RIGHT.  As used in Constitution, a matured cause of action, or
      legal authority to demand redress.  Morley v. Hurst, 174 Okl. 2, 49
      P.2d 546, 648."  Black's Law Dictionary, Revised Fourth Edition, West
      Publishing Co., 1968, p. 38.

     "AFFECT.  To act upon; influence; change; enlarge or abridge; often used
      in the sense of acting injuriously upon persons and things.  Ryan v.
      Carter, 93 U.S. 84, 23 L.Ed. 807; Tyler v. Wells, 2 Mo.App. 538;
      Holland v. Dickerson, 41 Iowa 373; Meurer v. Hooper, Tex.Civ.App., 271
      S.W. 172, 177.  Does not mean to impair.  Harris v. Friend, 24 N.M.
      627, 175 P. 722, 725.  To lay hold of or attack (as a disease does); to
      act, or produce an effect upon; to impress or influence (the mind or
      feelings); to touch.  State v. Hurd, 5 Wash.2d 308, 105 P.2d 59, 61,
      62.  Acted upon, influenced, concerned.  In re National Lock Co.,
      D.C.Ill., 9 F.Supp. 432, 433.  Implies an indirect relation.  Chapman
      v. Home Ice Co., D.C.Tenn., 43 F.Supp. 424, 428."  Black's Law
      Dictionary, Revised Fourth Edition, West Publishing Co., 1968, p. 79.

"Constitutionality
   "5.  If any portion of this code is held unconstitutional, such decision
      shall not affect the validity of any other portion of this code."

     "... the state courts are bound by the decision of the supreme court of
      the United States on questions depending upon the construction of the
      United States Constitution."  Moon v. Martin (1921) 185 Cal. 361, 366.

     "The Legislature has the power to pass any Act it pleases, ... While
      that body confines its actions within the limits of the Constitution,
      its acts are rightful and conclusive; and when it transcends the limits
      of that instrument, its acts are void and bind no one.  In the
      contemplation of our system they are not laws; ..."  Nougues v.
      Douglass (1857) 7 Cal. 65, 70.

     "I think there can be no doubt that the Legislature cannot do,
      indirectly, what they are forbid from doing directly; ..."  Nougues v.
      Douglass (1857) 7 Cal. 65, 79.

     "Our conclusion is, that the right of transit through each State, with
      every species of property known to the Constitution of the United
      States, and recognized by that paramount law, is secured by that
      instrument to each citizen, and does not depend upon the uncertain and
      changeable ground of mere comity."  Ex parte Archy (1858) 9 Cal. 147,
      163-164.

     "transit, n. [L. transitus, pp. of transire, to go across.]
        "1. (a) passage through or across; (b) a transition; a change.
     "transit, v.t.  1. to make a transit through or across, especial-ly in
      astronomical senses."  Webster's New Twentieth Century Dic-tionary,
      Unabridged, Second Edition, 1956, p. 1939.

     "comity, n. [L. comitas, courteousness, from comis, courteous, kind.]
        politeness; courtesy; civility; as well-bred people are characterized
        by their comity.  "comity of nations; the friendly relation existing
        between nations by which the laws and institutions of each country
        are recognized and respected; also, loosely, the nations practicing
        this."  Webster's New Twentieth Century Dictionary, Unabridged,
        Second Edition, 1956, p. 362.

     "COMITY.  Courtesy; complaisance; respect; a willingness to grant a
      privilege, not as a matter of right, but out of deference and good
      will.  Dow v. Lillie, 26 N.D. 512, 144 N.W. 1082, 1088, L.R.A. 1915D,
      754; Cox v. Terminal R. Ass'n of St. Louis, 331 Mo. 910, 55 S.W.2d
      685."  Black's Law Dictionary, Revised Fourth Edition, West Publishing
      Co., 1968, p. 334.

        "Statutes enacted by the law-making department of a state which are
      clearly confined to the legitimate exercise of the police power
      reserved to the sovereign states are not repugnant to the interstate
      commerce clause of the federal Constitution.  (Plumley v.
      Massachusetts, 155 U. S. 461 [15 Sup. Ct. 154, 39 L. Ed. 223];
      Missouri, Kansas & Texas Railway v. Haber, 169 U. S. 613, 628 [18 Sup.
      Ct. 488, 42 L. Ed. 878]; Savage v. Jones, 225 U. S. 501, 525 [32 Sup.
      Ct. 715, 56 L. Ed. 1182].)"  People v. Jarvis (1933) 135 Cal.App. 288,
      313.

"Construction of Code
   "6.  Unless the provision or the context otherwise requires, these general
      provisions and rules of construction shall govern the construction of
      this code."

     "CONSTRUCTION.  The process, or the art, of determining the sense, real
      meaning, or proper explanation of obscure or ambigu-ous terms or
      provisions in a statute ... by reasoning in the light derived from
      extraneous connected circumstances or laws or writings bearing upon the
      same or a connected matter, or by seeking or applying the probable aim
      and purpose of the provi-sion.  Koy v. Schneider, 110 Tex. 369, 221
      S.W. 880, 884."  Black's Law Dictionary, Revised Fourth Edition, West
      Publishing Co., 1968, p. 386.

     "Where a term has two meanings differing in the degree merely, it is to
      be understood in the larger sense wherever it occurs unless it appears
      to have been used in the narrower sense, by some form of direct
      expression, or from the context, the nature of the subject matter, or
      the res gestae."  Miller v. Miller (1867) 33 Cal. 353, 355.

"Construction of Tenses
   "12.  The present tense includes the past and future tenses; and the
      future, the present."

"Shall and May
   "15.  'Shall' is mandatory and 'may' is permissive."

     "MANDATORY. adj.  Containing a command; preceptive; imperative;
      peremptory."  Black's Law Dictionary, Revised Fourth Edition, West
      Publishing Co., 1968, p. 1114.

     "PERMISSIVE.  Allowed; allowable; that which may be done."  Black's Law
      Dictionary, Revised Fourth Edition, West Publishing Co., 1968, p. 1298.

"Service of Civil Process and Subpoenas
   "24.5.  All civil process in actions brought against the director and the
      Department of Motor Vehicles and all subpoenas for the production of
      department records shall be served upon the director or his appointed
      representatives at the department's headquarters.

"Method of Giving Notice
   "29.  Whenever any notice or other communication is required by this code
      to be mailed by registered mail by or to any person or corporation, the
      mailing of such communication by certified mail shall be deemed to be a
      sufficient compliance with the requirements of law.

"Application of Definitions
   "100.  Unless the provision or context otherwise requires, these
      definitions shall govern the construction of this code.

"Board
   "232.  The 'board' is the New Motor Vehicle Board."

"Certificate of Compliance
   "246.  A 'certificate of compliance' for the purposes of this code is a
      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."

     "certificate, n. [LL. certificatus, pp. of certificare, to certi-fy; L.
      certus, certain, and facere, to make.] a written or printed statement
      testifying to a fact, qualification, or promise."  Webster's New
      Twentieth Century Dictionary, Una-bridged, Second Edition, 1956, p.
      297.

     "CERTIFICATE.  ... A written assurance, or official representa-tion,
      that some act has or has not been done, or some event occurred, or some
      legal formality been complied with."  Black's Law Dictionary, Revised
      Fourth Edition, West Publishing Co., 1968, p. 285.

    "compliance, n. [from L. complere, to fill up.]
        "1. the act of complying; a yielding, as to a request, wish, desire,
        demand, or proposal; concession; submission.  "Let the king meet
        compliance in your looks, "A free and ready yielding to his wishes.
       "                                ─Rowe.
        "2. a disposition to yield to others; complaisance.
       "He was a man of few words and great complaisance.
       "                                ─Clarendon.
        "Syn.─acquiescence, assent, concession, consent, execution,
      obedience, performance, submission."  Webster's New Twentieth Century
      Dictionary, Unabridged, Second Edition, 1956, p. 5371.

     "COMPLY.  To yield, to accomodate, or to adapt oneself to, to act in
      accordance with.  Dragwa v. Federal Labor Union No. 23070, 41 A.2d. 32,
      36, 136 N.J.Eq. 172."  Black's Law Dictionary, Revised Fourth Edition,
      West Publishing Co., 1968, p. 357.

"Commercial Vehicle
   "260.  (a) A 'commercial vehicle' is a 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
   which are not used for the transportation of persons for hire,
   compensation, or profit and housecars 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."

"Driver
   "305.  A 'driver' is a person who drives or is in actual physical control
      of a vehicle. ..."

     "DRIVER.  One employed in conducting or operating a coach, carriage,
      wagon, or other vehicle, with horses, mules, or other animals, or a
      bicycle, tricycle, or motor car, though not a  street railroad car.  A
      person actually doing driving, whether  employed by owner to drive or
      driving his own vehicle.  Wallace v. Woods, 340 Mo. 452, 102 S.W.2d 91,
      97."  Black's Law Diction-ary, Revised Fourth Edition, West Publishing
      Co., 1968, p. 585.

     "... Section 1 [of the Motor Vehicle Act] excludes from the definition
      of the term 'operator' everyone 'who solely transports by motor vehicle
      ... his or its own property, or employees, or both, and who transports
      no persons or property for hire or compensation.'"  Bacon Service
      Corporation v. Huss (1926) 199 Cal. 21, 28.

"Driver's License
   "310.  '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."

        "Petitioner [is] a chauffeur who refused to pay the actual license
      fee ... exacted by the provisions of the Motor Vehicle Act (Stats.
      1913, p.icle, but he has no right to make the highways his place of
      business by using them as a common carrier for hire.  Such use is a
      privilege which may be granted or withheld by the state in its
      discretion, without violating either the due process clause or the
      equal protection clause.'"  In re Graham (1928) 93 Cal. App. 88, 94.

     Actions founded on licenses issued by the State and their fees are in
      form common law actions of assumpsit upon an implied contract.
      Welsbach Co. v. State of California (1929) 206 Cal. 556.

    "ASSUMPSIT.  Lat.  He undertook; he promised.
        "A promise or engagement by which one person assumes or under-takes
          to do some act or pay something to another.  It may be either oral
        or in writing, but it is not under seal.  It is express if the
        promisor puts his engagement in distinct and definite language; it is
        implied where the law infers a promise (though no formal one has
        passed) from the conduct of the party or the circumstances of the
        case.  Dukes v. Rogers, 67 Ga.App. 661, 21 S.E.2d 295, 297.
        "Practice "A form of action which lies for the recovery of damages
        for the non-performance of a parol or simple contract; or a contract
        that is neither of record nor under seal.  7 Term. 351; Ballard v.
        Walker, 3 Johns. Cas. (N.Y.) 60.  A liberal and equitable action,
        applicable to almost every case where money has been received which
        in equity and good conscience ought to be refunded; express promise
        is not necessary to sustain action, but it may be maintained whenever
        anything is received or done from the circumstances of which the law
        implies a promise of compensation.  Armour & Co. v. Whitney &
        Kemmerer, Inc., 164 Va. 12, 178 S.E. 889, 98 A.L.R. 596."  Black's
        Law Dictionary, Revised Fourth Edition, West Publishing Co., 1968, p.
        157.

        "The legislative power to regulate travel over the highways and
      thoroughfares of the state for the general welfare is extensive.  It
      may be exercised in any reasonable manner to conserve the safety of
      travelers and pedestrians.  Since motor vehicles are instruments of
      potential danger, their registration and the licensing of their
      operators have been required almost from their first appearance.  The
      right to operate them in public places is not a natural and
      unrestrained right, but a privilege subject to reasonable regulation,
      under the police power, in the interest of the public safety and
      welfare.  (Hendrick v. Maryland, 235 U. S. 610, 622 [59 L. Ed. 385, 35
      Sup. Ct. Rep. 140].)  The power to license imports the further power to
      withhold or revoke such license upon noncompliance with prescribed
      conditions."  Watson v. Division of Motor Vehicles (1931) 212 Cal. 279,
      283.

     "... While, as pointed out in Bosse v. Marye, supra [80 Cal. App. 109,
        250 Pac. 693], one may be an operator of an automobile within the
        meaning of the Motor Vehicle Act without actually driving the same,
        on the other hand, under the definition applying under the terms of
        the act, one who actually drives the machine is an operator.  (Sec.
        18 of Motor Vehicle Act, Stats. 1923, p. 519.) "Looking at certain
        other provisions of the act as it stood at the time of the accident
        here in question, we find: Section 58 provides that all operators
        must be licensed, and it is made unlawful for any person, except
        those expressly exempted under this act, to drive a motor vehicle
        upon a public highway in this state, unless such person has been
        licensed.  It is also provided that every person, before driving a
        motor vehicle, shall apply to the division for a license, either as
        an operator or a chauffeur, as the case may be.  Section 59, as
        amended in 1925, provides for a temporary permit.  It first provides
        that any person of requisite age to obtain an operator's license may
        apply for a driver's permit.  It then goes on to provide that the
        division, upon good cause shown, may, in its discretion, issue to an
        applicant a driver's permit entitling him to drive an automobile for
        a period of thirty days, when accompanied by an operator or
        chauffeur.  Section 60 gives the person exempted, as referred to in
        section 58.  It is perfectly apparent therefrom that a minor living
        in this state who has not therefore been licensed is not exempted."
        Pontius v. McLain (1931) 113 Cal. App.452, 456.

        "Section 58 of the California Vehicle Act provides that it shall be
      unlawful for any person to drive a motor vehicle upon a public highway
      in this state without first having obtained an operator's license."
      People v. O'Rourke (1932) 124 Cal. App. 752, 757.

        "The power to license carries with it the power to prescribe
      reasonable conditions precedent, and must and does include the power of
      revocation.  That the licensee shall not interfere with the equal
      rights of other licensees is certainly a reasonable requirement and
      condition upon which to base the issuance and continuance of such a
      license. ... To provide that the privilege represented by the license
      will be granted only upon the condition that any damage done through
      the exercise of the privilege will be made good, would not be an
      unreasonable regulation.  A provision making the continuance of the
      privilege dependent upon a similar condition seems equally reasonable."
      Sheehan v. Division of Motor Vehicles (1934) 140 Cal. App. 200,
      203-204.

"Social Security Number Required
   "12801  Notwithstanding any other provision of law, the department shall
      require every application for a driver's license to contain the
      applicant's social security number and any other number or identifier
      determined to be appropriate by the department."

"Renewal of License
   "12814.  (a) Application for renewal of a license shall be made at an
   office of the department of Motor Vehicles by the person to whom the
   license was issued. ...  "(b) Renewal of a driver's license shall be under
   the terms and conditions prescribed by the department."

"Possession of License
   "12951.  (a) The licensee shall have the license issued to him in his
      immediate possession at all times when driving a motor vehicle upon a
      highway. ..."

"Cancellation
   "13100.  When used in reference to a driver's license, 'cancellation'
      means that a driver's license certificate is terminated without
      prejudice and must be surrendered. ..."

"Revocation
   "13101.  When used in reference to a driver's license, 'revocation' means
      that the person's privilege to drive a motor vehicle is terminated ..."

"Suspension
   "13102.  When used in reference to a driver's license, 'suspension' means
      that the person's privilege to drive a motor vehicle upon a highway is
      temporarily withdrawn. ..."

"Unlicensed persons
   "13553.  Whenever a court or the department suspends or revokes the
      privilege of any person to operate a motor vehicle and the person does
      not hold a valid driver's license, or has never applied for or received
      a driver's license in this state, the person shall be subject to any
      and all penalties and disabilities provided in this code for a
      violation of the terms and conditions of a suspension or revocation of
      the privilege to operate a motor vehicle."  [NOTE: Appears to apply
      only to nonresidents.]

 "Compact Enacted
  "15000.  The Driver License Compact is hereby enacted into law and entered
      into with all other jurisdictions legally joining therein in the form
      substantially contained in Article 2 (commencing with Section 15020),
      of Chapter 6, Division 6 of this code."

"Licensing Authority
   "15001.  As used in the compact, the term 'licensing authority' with
      reference to this State shall mean the Department of Motor Vehicles.
      That department shall furnish to the appropriate authorities of any
      other party state any information or documents reasonably necessary to
      facilitate the administration of Sections 15022, 15023, and 15024 of
      the compact."

"Resident Accepting Certificate of Ownership or Registration
   "17459.  The acceptance by a resident of this state of a certificate of
      ownership or a certificate of registration of any motor vehicle or any
      renewal thereof, issued under the provisions of this code, shall
      constitute the consent by the person that service of summons may be
      made upon him within or without this state, whether or not he is then a
      resident of this state, in any action brought in the courts of this
      state upon a cause of action arising in this state out of the ownership
      or operation of the vehicle."

"Resident Accepting or Retaining Driver's License
   "17460.  The acceptance or retention by a resident of this state of a
      driver's license issued pursuant to the provisions of this code, shall
      constitute the consent of the person that service of summons may be
      made upon him within or without this state, whether or not he is then a
      resident of this state, in any action brought in the courts of this
      state upon a cause of action arising in this state out of his operation
      of a motor vehicle anywhere within this state."

"Prosecution of Persons Owning or Controlling Vehicles
   "40002.  (a) Whenever a written notice to appear has been mailed to an
   owner of a vehicle or other person referred to in Section 40001, an exact
   and legible copy of the notice when filed with the magistrate, in lieu of
   a verified complaint, is a complaint to which the defendant may plead
   'guilty.'  If, however, the defendant fails to appear in court or does not
   deposit lawful bail, or pleads other than 'guilty' of the offense charged,
   a complaint shall be filed which shall conform to Chapter 2 (commencing
   with Section 948) of Title 5 of Part 2 of the Penal Code, and which shall
   be deemed to be an original complaint, and thereafter proceedings shall be
   had as provided by law, except that a defendant may, by an agreement in
   writing, subscribed by the defendant and filed with the court, waive the
   filing of a verified complaint and elect that the prosecution may proceed
   upon a written notice to appear."

"Unregistered Vehicle: Compliance
   "40152.  (a) Whenever any vehicle ... is found to be not registered as
      required by this code, and a notice to appear is issued or a complaint
      filed for such violation, the person to whom the notice to appear is
      issued or against whom the complaint is filed shall produce in court
      satisfactory evidence that the vehicle ... is registered, had
      appropriate fees paid, or is reduced to junk, to conform with the
      requirements of this code.  The court shall not adjudicate the offense
      until that evidence is produced."

"Violation Involving Commercial Motor Vehicle
   "40300.2.  Whenever a person is arrested for a violation of this code, or
      a violation of any other statute required to be reported under Section
      1803, the written complaint, notice to appear in court, or other notice
      of violation, shall indicate whether the vehicle involved in the
      offense is a commercial motor vehicle, as defined in subdivision (b) of
      Section 15210."

"Arrest Without Warrant
   "40300.5.  Notwithstanding any other provision of law, a peace officer
      may, without a warrant, arrest a person who is (1) involved in a
      traffic accident or (2) observed by the peace officer in or about a
      vehicle which is obstructing a roadway, when the officer has reasonable
      cause to believe that the person has been driving while under the
      influence of an alcoholic beverage or any drug, or under the combined
      influence of an alcoholic beverage and any drug."

"Mandatory Appearance
   "40302.  Whenever any person is arrested for any violation of this code,
   not declared to be a felony, the arrested person shall be taken without
   unnecessary delay before a magistrate within the county in which the
   offense charged is alleged to have been committed and who has jurisdiction
   of the offense and is nearest or is most accessible with reference to the
   place where the arrest is made in any of the following cases:  "(a) When
   the person arrested fails to present his driver's license or other
   satisfactory evidence of his identity for examination.  "(b) When the
   person arrested refuses to give his written promise to appear in court.
   "(c) When the person arrested demands an immediate appearance before a
   magistrate.  "(d) When the person arrested is charged with violating
   Section 23152."

"Notice to Appear
   "40500.  (a) Whenever a person is arrested for any violation of this code
      not declared to be a felony, or for a violation of an ordinance of a
      city or county relating to traffic offenses and he is not immediately
      taken before a magistrate, as provided in this chapter, the arresting
      officer shall prepare in triplicate a written notice to appear in court
      or before a person authorized to receive a deposit of bail ..."

"Delivery of Notice
   "40504.  (a) The officer shall deliver one copy of the notice to appear to
      the arrested person and the arrested person in order to secure release
      must give his written promise to appear in court or before a person
      authorized to receive a deposit of bail by signing two copies of the
      notice which shall be retained by the officer.  Thereupon the arresting
      officer shall forthwith release the person arrested from custody."

"Filing of Complaint
   "40513.  (a) Whenever written notice to appear has been prepared,
   delivered, and filed with the court, or whenever notice has been given
   pursuant to the provisions of Section 41102, and exact and legible
   duplicate copy of the notice when filed with the magistrate, in lieu of a
   verified complaint, shall constitute a complain to which the defendant may
   plead 'guilty' or 'nolo contendere.'  If, however, the defendant ...
   pleads other than 'guilty' or 'nolo contendere' to the offense charged, a
   complaint shall be filed which shall conform to the provisions of Chapter
   2 (commencing with Section 948) of Title 5, Part 2 of the Penal Code, and
   which shall be deemed to be an original complaint, and thereafter
   proceedings shall be had as provided by law, except that a defendant may,
   by an agreement in writing, subscribed by him and filed with the court,
   waive the filing of a verified complaint and elect that the prosecution
   may proceed upon a written notice to appear.  "(b) Notwithstanding the
   provisions of subdivision (a) of this section, whenever the written notice
   to appear has been prepared on a form approved by the Judicial Council, an
   exact and legible copy of the notice when filed with the magistrate shall
   constitute  a complaint to which the defendant may enter a plea ..."

"Federal Law
   "41401.  No person shall be prosecuted for a violation of any provision of
      this code if the violation was required by a law of the federal
      government, ..."

     "This Constitution, and the Laws of the United States which shall be
      made in Pursuance thereof ... shall be the supreme Law of the Land; and
      the Judges in every State shall be bound thereby; any Thing in the
      Constitution or Laws of any State to the Contrary notwithstanding."
      Constitution of the United States of America, Analysis and
      Interpretation, 1973, U. S. Government Printing Office, Washington,
      Article VI, Clause 2.  (Capitalization in original.)

     [NOTE: The Constitution of the United States of America is the "supreme
      law of the land."  It recognizes and guarantees the "right to travel";
      therefore, it "requires" violation of the Vehicle Code.]

        "In United States v. Guest, 383 U.S. 745, 758, 759 (1966), Justice
      Stewart observed that 'freedom to travel throughout the United States
      has long been recognized as a basic right under the Constitution' and
      that while 'there have been recurring differ-ences in emphasis within
      the Court as to the source of the constitutional right of interstate
      travel ... [a]ll [the Jus-tices] have agreed that the right exists."
      Constitution of the United States of America, Analysis and
      Interpretation, 1973, U. S. Government Printing Office, Washington, p.
      269, fn. 7.

     "... To date, the 'right to travel' is the only liberty [but see v
      Bolling v. Sharpe, 347 U.S. 497, 499-500 (1954)] protected by the due
      process clause of the Fifth Amendment which the Court has identified
      and asserted in reviewing federal legislation to determine whether it
      had a rational basis. Thus, in Kent v. Dulles [357 U.S. 116, 127
      (1958)], while deciding the case on another issue, the Court observed
      that '[t]he right to travel is a part of the "liberty" of which the
      citizen cannot be deprived without due process of law under the Fifth
      Amendment.... Freedom of movement across frontiers in either direction,
      and inside frontiers as well, as a part of our heritage. Travel abroad,
      like  travel within the country,... may be as close to the heart of the
      individual as the choice of what he eats, or wears, or reads. Freedom
      of movement is basic in our scheme of values.'"  Constitution of the
      United States of America, Analysis and Inter-pretation, 1973, U. S.
      Government Printing Office, Washington, p. 1170.

        "No opinion of the Court attempts to delineate the process by which
      certain 'fundamental' rights are differentiated from others so that  de
      jure or de facto application of distinctions between them will activate
      the 'compelling state interest' type of analysis. It can be accepted
      from the cases that ... the right of interstate travel [Shapiro v.
      Thompson, 394 U.S. 618 (1969); Graham v. Richardson, 403 U.S. 365
      (1971)] ... ha[s] so far been denominated as sufficiently fundamental
      to require active review."  Constitution of the United States of
      America, Analysis and Interpretation, 1973, U. S. Government Printing
      Office, Washington, p. 1476.

     "... The constitutional right to travel predates the recent cases4
      [Crandall v. Nevada, 6 Wall. (73 U.S.) 35 (1868); Edwards v.
      California, 314 U.S. 160 (1941). '[F]reedom to travel throughout the
      United States has long been recognized as a basic right under the
      Constitution,' the Court said in United States v. Guest, 383 U.S. 758
      (1966). 'Although there have been recurring differences in emphasis
      within the Court as to the source of the constitutional right of
      interstate travel, there is no need to canvass those differences
      further. All have agreed that the right exists.' Id., 759; and see id.,
      763-764 (Justice Harlan concurring and dissenting), 777 n. 3 (Justice
      Brennan concurring and dissenting)."  Constitution of the United States
      of America, Analysis and Interpretation, 1973, U. S. Government
      Printing Office, Washington, p. 1521.

"Citation Defined
   "41601.  For purposes of this chapter, 'citation' means a notice to
      appear, notice of violation, or notice of parking violation."

"Unregistered Vehicle
   "42001.8.  Every person convicted of an infraction for a violation of
      Section 4000 shall be punished by a fine of not less than fifty dollars
      ($50) and not more than two hundred fifty dollars ($250)."


    OTHER STATUTES RELATED TO THE
    USE AND OPERATION OF MOTOR VEHICLES

    CIVIL CODE

"Service by Certified Mail in Lieu of Registered
   "17.  Whenever any notice or other communication is required by this code
      to be mailed by registered mail, the mailing of such notice or other
      communication by certified mail shall be deemed to be a sufficient
      compliance with the requirements of law."

"Motor Vehicle Sales and Finance Act
   "2981.  As used in this chapter, unless the context otherwise requires:
   ...
   "(k) 'Motor vehicle' means any vehicle required to be registered under the
      Vehicle Code which is bought for use primarily for personal or family
      purposes, and does not mean any vehicle which is bought for use
      primarily for business or commercial purposes ..."

    PENAL CODE

"Punishment for Infractions
   "19c.  An infraction is not punishable by imprisonment.  A person charged
      with an infraction shall not be entitled to a trial by jury. ..."

    REVENUE AND TAXATION CODE

"Computation of Vehicle License Fee
   "10751.  A license fee is hereby imposed for the privilege of operating
      upon the public highways in this state any vehicle of a type which is
      subject to registration under the Vehicle Code. ..."

"Seizure and Sale
   "10876.  Every license fee and any penalty added thereto, from the date on
      which the fee becomes due, shall constitute a lien upon the vehicle for
      which due and upon any other vehicle owned by the owner of that
      vehicle."

   "10877.  The department shall collect the fee and any penalty by seizure
      and sale of the vehicle as provided in Article 6 (commencing with
      Section 9800) of Chapter 6 of Division 3 of the Vehicle Code, or by
      appropriate civil action."