Application of Definitions
101. Unless the provision or context otherwise requires, these definitions shall govern the construction of this code.
Ability to Respond in Damages
102. "Ability to respond in damages" means financial responsibility.
Added Ch. 1157, Stats. 1989. Effective January 1, 1990.
Amended and Renumbered Ch. 974, Stats. 1992. Effective September 28, 1992. Former Section 95.
Agricultural Water-well Boring Rig
105. An "agricultural water-well boring rig" is a motor vehicle which is used exclusively in the boring of water-wells on agricultural property
Airbrakes
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
Added Ch. 207, Stats. 1963. Effective September 20, 1963.
Alcoholic Beverage
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
Amended and Renumbered Ch. 53, Stats. 1982. Effective February 18, 1982.
Alley
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.
Amended Ch. 833, Stats. 1965. Effective September 17, 1965.
All-Terrain Vehicle
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.
Amended Sec. 1, Ch. 205, Stats. 2002. Effective January 1, 2003.
Amended Sec. 1, Ch. 252, Stats. 2002. Effective January 1, 2003.
All-Terrain Vehicle Safety Instructor
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.
Added Ch. 881, Stats. 1987. Effective January 1, 1988.
All-Terrain Vehicle Safety Training Organization
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.
Added Ch. 881, Stats. 1987. Effective January 1, 1988.
Amber
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.
Added Ch. 287, Stats. 1977. Effective January 1, 1978.
Armored Car
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.
Authorized Emergency Vehicle
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 Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services 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.
Amended Ch. 1292, Stats. 1983. Effective January 1, 1984.
Authorized Emergency Vehicle: Rescue Team
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.
Amended Sec. 421, Ch. 1023, Stats. 1996. Effective September 29, 1996.
Autobroker
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.
Added Ch. 1253, Stats. 1994. Effective January 1, 1995.
Automated Enforcement System
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.
Added Ch. 1216, Stats. 1994. Effective January 1, 1995.
Amended and Repealed Sec. 1, Ch. 922, Stats. 1995. Effective January 1, 1996. Repeal operative January 1, 1999.
Amended Sec. 1, Ch. 54, Stats. 1998. Effective January 1, 1999.
Automobile Dismantler
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.
Amended Ch. 1008, Stats. 1994. Effective January 1, 1995. Operative July 1, 1995.
Automobile Dismantler: Exclusions
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.
Amended Ch. 1133, Stats. 1987. Effective January 1, 1988. Supersedes Ch. 709.
Amended Sec. 1, Ch. 316, Stats. 1999. Effective January 1, 2000.
Automobile Driver Training
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.
Amended Ch. 676, Stats. 1980. Effective January 1, 1981.
Auxiliary Dolly
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
Axle
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.
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