AMENDED IN SENATE MARCH 30, 2023
AMENDED IN SENATE FEBRUARY 13, 2023
SENATE BILL No. 50
Introduced by Senator Bradford
(Principal coauthors: Assembly Members Bryan and Kalra) (Coauthor: Senator Wahab)
(Coauthors: Senators Menjivar, Skinner, and Wahab)
(Coauthors: Assembly Members Jackson and McKinnor) Friedman, Jackson, McKinnor, and Wilson)
December 5, 2022
An act to amend Sections 21 and 21100 of, and to add Section 2804.5 to, the Vehicle Code, relating to vehicles.
legislative counsel’s digest
SB 50, as amended, Bradford. Vehicles: enforcement.
Existing law authorizes a peace officer to make an arrest pursuant to a warrant or without a warrant if, among other circumstances, the officer has probable cause to belie ve that the person has committed a public offense in the officer’s presence. Under existing law, it is unlawful to disobey the la wful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code.
Existing case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the F ourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under e xisting case la w, the decision to stop an automobile is reasonable if the police ha ve probable cause to belie ve
97 that a traffic violation has occurred. Existing case la w holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred.
This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists. The bill would authorize a peace officer who does not ha ve grounds to stop a vehicle or bicycle, but can determine the identity of the owner, to send a citation or warning letter to the owner.
The bill w ould authorize local authorities to enforce a violation of the Vehicle Code through go vernment employees who are not peace officers.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21 of the Vehicle Code is amended to line 2 read:
line 3 21. (a) Except as otherwise expressly provided, the provisions line 4 of this code are applicable and uniform throughout the state and line 5 in all counties and municipalities therein, and a local authority line 6 shall not enact or enforce any ordinance or resolution on the matters line 7 covered by this code, including ordinances or resolutions that line 8 establish regulations or procedures for , or assess a fine, penalty , line 9 assessment, or fee for a violation of, matters covered by this code, line 10 unless expressly authorized by this code.
line 11 (b) To the e xtent permitted by current state la w, this section line 12 does not impair the current la wful authority of the Mountains line 13 Recreation and Conservation Authority, a joint powers authority, line 14 or any member agency constituted therein as of July 1, 2010, to line 15 enforce an ordinance or resolution relating to the management of line 16 public lands within its jurisdiction.
line 17 (c) This section does not preclude a county, city, municipality, line 18 or any other local authority from enforcing a violation pro vided line 19 in this code through go vernment employees who are not peace line 20 officers.
line 21 SEC. 2. Section 2804.5 is added to the Vehicle Code, to read:
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line 1 2804.5. (a) (1) F or the purpose of this section, “lo w-level line 2 infraction” means any of the following:
line 3 (A) A violation related to the registration of a vehicle or vehicle line 4 equipment in Sections 4000, 5352, and 12951.
line 5 (B) A violation related to the positioning or number of license line 6 plates when at least one plate is clearly displayed, in Sections 5200, line 7 5201, and 5204.
line 8 (C) A violation related to v ehicle lighting equipment not line 9 illuminating, if the violation is limited to a single brak e light, line 10 headlight, rear license plate, or running light, or a single b ulb in line 11 a larger light of the same, in Sections 24252, 24400, and 24600. line 12 24600, 24601, and 24603.
line 13 (D) A violation related to windo w tints or obstructions in line 14 Sections 26708 and 26708.5.
line 15 (E) A violation related to vehicle bumper equipment in Section line 16 28071.
line 17 (F) A violation related to bic ycle equipment or operation in line 18 Sections 21201 and 21212.
line 19 (2) “Low-level infraction” does not include violations relating line 20 to commercial vehicles.
line 21 (b) Notwithstanding any other law, a peace officer shall not stop line 22 or detain the operator of a motor vehicle or a bicycle for a low-level line 23 infraction unless there is a separate, independent basis to initiate line 24 the stop.
line 25 (c) If an officer does not ha ve grounds to stop or detain the line 26 operator of a motor vehicle or bicycle, and the officer can identify line 27 the owner of the vehicle, the officer’s agency may, consistent with line 28 current law, mail a citation to the owner, or send a warning letter line 29 identifying the violation and instructing the o wner to correct the line 30 defect or otherwise remedy the violation.
line 31 SEC. 3. Section 21100 of the Vehicle Code is amended to read:
line 32 21100. Local authorities may adopt rules and re gulations by line 33 ordinance or resolution regarding all of the following matters:
line 34 (a) Regulating or prohibiting processions or assemblages on the line 35 highways.
line 36 (b) Licensing and regulating the operation of vehicles for hire line 37 and drivers of passenger vehicles for hire.
line 38 (c) Regulating traffic by means of traffic officers or other line 39 government employees.
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line 1 (d) Regulating traffic by means of official traffic control devices line 2 meeting the requirements of Section 21400.
line 3 (e) (1) Regulating traffic by means of a person given temporary line 4 or permanent appointment for that duty by the local authority when line 5 official traffic control devices are disabled or otherwise inoperable, line 6 at the scenes of accidents or disasters, or at locations as may require line 7 traffic direction for orderly traffic flow.
line 8 (2) A person shall not be appointed pursuant to this subdivision line 9 unless and until the local authority has submitted to the line 10 commissioner or to the chief la w enforcement officer e xercising line 11 jurisdiction in the enforcement of traffic la ws within the area in line 12 which the person is to perform the duty , for re view, a proposed line 13 program of instruction for the training of a person for that duty , line 14 and unless and until the commissioner or other chief la w line 15 enforcement officer appro ves the proposed program. The line 16 commissioner or other chief law enforcement officer shall approve line 17 a proposed program if they reasonably determine that the program line 18 will provide sufficient training for persons assigned to perform line 19 the duty described in this subdivision.
line 20 (f) Regulating traffic at the site of road or street construction or line 21 maintenance by persons authorized for that duty by the local line 22 authority.
line 23 (g) (1) Licensing and re gulating the operation of to w truck line 24 service or tow truck drivers whose principal place of b usiness or line 25 employment is within the jurisdiction of the local authority , line 26 excepting the operation and operators of any auto dismantlers’ tow line 27 vehicle licensed under Section 11505 or an y tow truck operated line 28 by a repossessing agency licensed under Chapter 11 (commencing line 29 with Section 7500) of Division 3 of the Business and Professions line 30 Code and its registered employees.
line 31 (2) The Le gislature finds that the safety and welf are of the line 32 general public is promoted by permitting local authorities to line 33 regulate tow truck service companies and operators by requiring line 34 licensure, insurance, and proper training in the safe operation of line 35 towing equipment, thereby ensuring against towing mistakes that line 36 may lead to violent confrontation, stranding motorists in dangerous line 37 situations, impeding the expedited vehicle recovery, and wasting line 38 state and local law enforcement’s limited resources. line 39 (3) This subdivision does not limit the authority of a city or city line 40 and county pursuant to Section 12111.
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line 1 (h) Operation of bicycles, and, as specified in Section 21114.5, line 2 electric carts by physically disabled persons, or persons 50 years line 3 of age or older, on public sidewalks.
line 4 (i) Providing for the appointment of nonstudent school crossing line 5 guards for the protection of persons who are crossing a street or line 6 highway in the vicinity of a school or while returning thereafter line 7 to a place of safety.
line 8 (j) Regulating the methods of deposit of garbage and refuse in line 9 streets and highw ays for collection by the local authority or by line 10 any person authorized by the local authority.
line 11 (k) (1) Regulating cruising.
line 12 (2) The ordinance or resolution adopted pursuant to this line 13 subdivision shall regulate cruising, which is the repetitive driving line 14 of a motor v ehicle past a traffic control point in traffic that is line 15 congested at or near the traffic control point, as determined by the line 16 ranking peace officer on duty within the af fected area, within a line 17 specified time period and after the vehicle operator has been given line 18 an adequate written notice that further dri ving past the control line 19 point will be a violation of the ordinance or resolution. line 20 (3) A person is not in violation of an ordinance or resolution line 21 adopted pursuant to this subdivision unless both of the following line 22 apply:
line 23 (A) That person has been given the written notice on a previous line 24 driving trip past the control point and then again passes the control line 25 point in that same time interval.
line 26 (B) The beginning and end of the portion of the street subject line 27 to cruising controls are clearly identified by signs that briefly and line 28 clearly state the appropriate provisions of this subdivision and the line 29 local ordinance or resolution on cruising.
line 30 (l) Regulating or authorizing the remo val by peace officers of line 31 vehicles unlawfully parked in a fire lane, as described in Section line 32 22500.1, on pri vate property . A remo val pursuant to this line 33 subdivision shall be consistent, to the e xtent possible, with the line 34 procedures for remo val and storage set forth in Chapter 10 line 35 (commencing with Section 22650).
line 36 (m) Regulating mobile billboard advertising displays, as defined line 37 in Section 395.5, including the establishment of penalties, which line 38 may include, but are not limited to, removal of the mobile billboard line 39 advertising display , ci vil penalties, and misdemeanor criminal line 40 penalties, for a violation of the ordinance or resolution. The 97 SB 50 — 5 —
line 1 ordinance or resolution may establish a minimum distance that a line 2 mobile billboard adv ertising display shall be mo ved after a line 3 specified time period.
line 4 (n) Licensing and regulating the operation of pedicabs for hire, line 5 as defined in Section 467.5, and operators of pedicabs for hire, line 6 including requiring one or more of the following documents:
line 7 (1) A valid California driver’s license.
line 8 (2) Proof of successful completion of a bicycle safety training line 9 course certified by the League of American Bic yclists or an line 10 equivalent organization as determined by the local authority. line 11 (3) A valid California identification card and proof of successful line 12 completion of the written portion of the California driver’s license line 13 examination administered by the department. The department shall line 14 administer, without char ging a fee, the original dri ver’s license line 15 written examination on traffic laws and signs to a person who state line 16 that they are or that they intend to become, a pedicab operator, and line 17 who holds a valid California identification card or has successfully line 18 completed an application for a California identification card. If line 19 the person achie ves a passing score on the e xamination, the line 20 department shall issue a certificate of successful completion of the line 21 examination, bearing the person’ s name and identification card line 22 number. The certificate shall not serv e in lieu of successful line 23 completion of the required e xamination administered as part of line 24 any subsequent application for a driver’s license. The department line 25 is not required to enter the results of the e xamination into the line 26 computerized record of the person’s identification card or otherwise line 27 retain a record of the examination or results.
line 28 (o) (1) This section does not authorize a local authority to enact line 29 or enforce an ordinance or resolution that establishes a violation line 30 if a violation for the same or similar conduct is pro vided in this line 31 code, nor does it authorize a local authority to enact or enforce an line 32 ordinance or resolution that assesses a fine, penalty , assessment, line 33 or fee for a violation if a fine, penalty , assessment, or fee for a line 34 violation involving the same or similar conduct is provided in this line 35 code.
line 36 (2) This section does not preclude a local authority from enacting line 37 parking ordinances pursuant to e xisting authority in Chapter 9 line 38 (commencing with Section 22500) of Division 11. line 39 (3) This section does not preclude a county, city, municipality, line 40 or any other local authority from enforcing a violation pro vided 97 — 6 — SB 50
line 1 in this code through go vernment employees who are not peace line 2 officers.
line 3 (p) (1) Regulating advertising signs on motor vehicles parked line 4 or left standing upon a public street. The ordinance or resolution line 5 may establish a minimum distance that the adv ertising sign shall line 6 be moved after a specified time period.
line 7 (2) Paragraph (1) does not apply to any of the following:
line 8 (A) Advertising signs that are permanently affixed to the body line 9 of, an integral part of, or a fixture of a motor vehicle for permanent line 10 decoration, identification, or display and that do not extend beyond line 11 the overall length, width, or height of the vehicle. line 12 (B) If the license plate frame is installed in compliance with line 13 Section 5201, paper advertisements issued by a dealer contained line 14 within that license plate frame or any advertisements on that license line 15 plate frame.
line 16 (3) As used in paragraph (2), “permanently affixed” means any line 17 of the following:
line 18 (A) Painted directly on the body of a motor vehicle. line 19 (B) Applied as a decal on the body of a motor vehicle. line 20 (C) Placed in a location on the body of a motor vehicle that was line 21 specifically designed by a v ehicle manuf acturer as defined in line 22 Section 672 and licensed pursuant to Section 11701, in compliance line 23 with both state and federal la w or guidelines, for the e xpress line 24 purpose of containing an advertising sign.
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