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-, r‚-; 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.Änovel, 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. " ÄRowe. "2. a disposition to yield to others; complaisance. "He was a man of few words and great complaisance. " ÄClarendon. "Syn.Äacquiescence, 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."