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Fed in need of Calif. VC/PC expert

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  • Fed in need of Calif. VC/PC expert

    Got the answer I was looking for. Thanks.
    Last edited by OneDumbQ; 09-01-2008, 02:57 PM.

  • #2
    I realize your question is rather specfic to Calif, but my thought is, you'd be going beyond the Vehicle Code and into Calif Penal Code, maybe even into other Codes in the Calif statutes. In Alabama, you'd definitely be leaving the Traffic Code and going into criminal violations. Reckless Endangerment comes immediately to mind. Should a crash occur, and any of the persons concealed where injured or killed, appropriate criminal charges would apply. Manslaughter for certain, if there was a fatality which could be linked to the situation you described.

    Comment


    • #3
      Each would be in violation of passengers in a motorvehicle without the use of seatbelts and the driver for not assuring that each is properly seat belted. California Vehicle Code section 27315.


      Mandatory Seat Belt Law

      27315. (a) The Legislature finds that a mandatory seatbelt law will contribute to reducing highway deaths and injuries by encouraging greater usage of existing manual seatbelts, that automatic crash protection systems which require no action by vehicle occupants offer the best hope of reducing deaths and injuries, and that encouraging the use of manual safety belts is only a partial remedy for addressing this major cause of death and injury. The Legislature declares that the enactment of this section is intended to be compatible with support for federal safety standards requiring automatic crash protection systems and should not be used in any manner to rescind federal requirements for installation of automatic restraints in new cars.

      (b) This section shall be known and may be cited as the Motor Vehicle Safety Act.

      (c) (1) As used in this section, "motor vehicle" means a passenger vehicle, a motortruck, or a truck tractor, but does not include a motorcycle.

      (2) For purposes of this section, a "motor vehicle" also means any farm labor vehicle, regardless of the date of certification under Section 31401.

      (d) (1) A person may not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. This paragraph does not apply to the operator of a taxicab, as defined in Section 27908, when the taxicab is driven on a city street and is engaged in the transportation of a fare-paying passenger. The safety belt requirement established by this paragraph is the minimum safety standard applicable to employees being transported in a motor vehicle. This paragraph does not preempt any more stringent or restrictive standards imposed by the Labor Code or any other state or federal regulation regarding the transportation of employees in a motor vehicle.

      (2) The operator of a limousine for hire or the operator of an authorized emergency vehicle, as defined in subdivision (a) of Section 165, may not operate the limousine for hire or authorized emergency vehicle unless the operator and any passengers six years of age or over or weighing 60 pounds or more, in the front seat are properly restrained by a safety belt.

      (3) The operator of a taxicab may not operate the taxicab unless any passengers six years of age or over or weighing 60 pounds or more, in the front seat are properly restrained by a safety belt.

      (e) A person 16 years of age or over may not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. This subdivision does not apply to a passenger in a sleeper berth, as defined in subdivision (v) of Section 1201 of Title 13 of the California Code of Regulations.

      (f) Every owner of a motor vehicle, including every owner or operator of a taxicab, as defined in Section 27908, or a limousine for hire, operated on a highway shall maintain safety belts in good working order for the use of occupants of the vehicle. The safety belts shall conform to motor vehicle safety standards established by the United States Department of Transportation. This subdivision does not, however, require installation or maintenance of safety belts where not required by the laws of the United States applicable to the vehicle at the time of its initial sale.

      (g) This section does not apply to a passenger or operator with a physically disabling condition or medical condition which would prevent appropriate restraint in a safety belt, if the condition is duly certified by a licensed physician and surgeon or by a licensed chiropractor who shall state the nature of the condition, as well as the reason the restraint is inappropriate. This section also does not apply to a public employee, when in an authorized emergency vehicle as defined in paragraph (1) of subdivision (b) of Section 165, or to any passenger in any seat behind the front seat of an authorized emergency vehicle as defined in paragraph (1) of subdivision (b) of Section 165 operated by the public employee, unless required by the agency employing the public employee.

      (h) Notwithstanding subdivision (a) of Section 42001, any violation of subdivision (d), (e), or (f) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense. In lieu of the fine and any penalty assessment or court costs, the court, pursuant to Section 42005, may order that a person convicted of a first offense attend a school for traffic violators or any other court-approved program in which the proper use of safety belts is demonstrated.

      (i) In a civil action, a violation of subdivision (d), (e), or (f) or information of a violation of subdivision (h) does not establish negligence as a matter of law or negligence per se for comparative fault purposes, but negligence may be proven as a fact without regard to the violation.

      (j) If the United States Secretary of Transportation fails to adopt safety standards for manual safety belt systems by September 1, 1989, no motor vehicle manufactured after that date for sale or sold in this state shall be registered unless it contains a manual safety belt system which meets the performance standards applicable to automatic crash protection devices adopted by the Secretary of Transportation pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) as in effect on January 1, 1985.

      (k) Each motor vehicle offered for original sale in this state which has been manufactured on or after September 1, 1989, shall comply with the automatic restraint requirements of Section S4.1.2.1 of Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), as published in Volume 49 of the Federal Register, No. 138, page 29009. Any automobile manufacturer who sells or delivers a motor vehicle subject to the requirements of this subdivision, and fails to comply with this subdivision, shall be punished by a fine of not more than five hundred dollars ($500) for each sale or delivery of a noncomplying motor vehicle.

      (l) Compliance with subdivision (j) or (k) by a manufacturer shall be made by self-certification in the same manner as self-certification is accomplished under federal law.

      (m) This section does not apply to a person actually engaged in delivery of newspapers to customers along the person's route if the person is properly restrained by a safety belt prior to commencing and subsequent to completing delivery on the route.

      (n) This section does not apply to a person actually engaged in collection and delivery activities as a rural delivery carrier for the United States Postal Service if the person is properly restrained by a safety belt prior to stopping at the first box and subsequent to stopping at the last box on the route.

      (o) This section does not apply to a driver actually engaged in the collection of solid waste or recyclable materials along that driver's collection route if the driver is properly restrained by a safety belt prior to commencing and subsequent to completing the collection route.

      (p) Subdivisions (d), (e), (f), (g), and (h) shall become inoperative immediately upon the date that the United States Secretary of Transportation, or his or her delegate, determines to rescind the portion of the Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) which requires the installation of automatic restraints in new motor vehicles, except that those subdivisions shall not become inoperative if the secretary's decision to rescind that Standard No. 208 is not based, in any respect, on the enactment or continued operation of those subdivisions.

      Amended Sec. 78, Ch. 1154, Stats. 1996. Effective September 30, 1996.
      Amended Sec. 1, Ch. 153, Stats. 1997. Effective January 1, 1998.
      Amended Sec. 67.5, Ch. 877, Stats. 1998. Effective January 1, 1999. Supersedes Ch. 471.
      Amended Sec. 3, Ch. 557, Stats. 1999. Effective September 29, 1999.
      Amended Sec. 1, Ch. 521, Stats. 2003. Effective January 1, 2004.
      Amended Sec. 1, Ch. 420, Stats. 2004. Effective January 1, 2005.
      Might also cite the passengers for unlawful riding:

      Unlawful Riding and Towing

      21712. (a) A person driving a motor vehicle shall not knowingly permit a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.

      (b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.

      (c) A person driving a motor vehicle shall not knowingly permit a person to ride in the trunk of that motor vehicle.

      (d) A person shall not ride in the trunk of a motor vehicle.

      (e) A person violating subdivision (c) or (d) shall be punished as follows:

      (1) By a fine of one hundred dollars ($100).

      (2) For a second violation occurring within one year of a prior violation that resulted in a conviction, a fine of two hundred dollars ($200).

      (3) For a third or a subsequent violation occurring within one year of two or more prior violations that resulted in convictions, a fine of two hundred fifty dollars ($250).

      (f) Subdivisions (a) and (b) do not apply to an employee engaged in the necessary discharge of his or her duty or in the case of persons riding completely within or upon vehicle bodies in the space intended for a load on the vehicle.

      (g) A person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel.

      (h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle.

      (i) Subdivision (g) does not apply to a trailer coach 9 that is towed with a fifth-wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device that a passenger inside the trailer coach can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach.

      Amended Sec. 2, Ch. 900, Stats. 2006. Effective January 1, 2007.
      Then, with good inspection, the driver may be operating a vehicle that is unsafe or without a proper driver's license or no license at all. Inoperative lighting equipment, smog system, brakes, bald tires, insurance, exhaust system, no front plate, improperly registered.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

      Comment


      • #4
        If you can't call ICE, seatbelt violations. Firme aqui muchachos!

        Comment


        • #5
          Weak............

          Comment


          • #6
            Originally posted by OneDumbQ View Post
            Weak............
            Why so?

            Illegal immigration, undocumented aliens, etc., fall under the Federal Laws. Additionally, unless there has been a drastic change of those laws since I retired, all of the Federal Laws are considered violations of a Civil nature - except, when the Federal Courts decide to prosecute under RICO or some similar statute and those would only apply to the smuggler not those being smuggled.

            Due to the nature of the offenses, state, county and municipal officers must call in the BP or ICE to take over the investigation and assume custody of all bodies.

            There are no state laws in CA that attend to and address unlawful entry by foreign citizens. That has long been a sore spot in the annals of LE in all border states and, until DHS puts pressure on Congress, it will remain an issue.

            Please, don't blame the messenger and accuse them of being "Weak" when there is nothing that can be done on the state level.
            Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

            [George Washington (1732 - 1799)]

            Comment


            • #7
              Sgt. I apologize. That did come off as disrespectful, that wasn't my intention. Again, I found the information I was looking for and thank you for taking the time to reply. Out.
              Last edited by OneDumbQ; 09-04-2008, 02:54 AM.

              Comment


              • #8
                Originally posted by SgtCHP View Post
                Illegal immigration, undocumented aliens, etc., fall under the Federal Laws. Additionally, unless there has been a drastic change of those laws since I retired, all of the Federal Laws are considered violations of a Civil nature - except, when the Federal Courts decide to prosecute under RICO or some similar statute and those would only apply to the smuggler not those being smuggled.
                You kind of have an idea about it, but its a little off. Most illegal aliens are processed for administrative (civil) violations, these are given anything from voluntary returns to their country up to deportation. But not all the laws covering immigration are administrative. There are criminal statutes and felonies that can be applied to an illegal alien for illegal entry, re-entry after deportation ect. All the smuggling charges are criminal felonies on their own and do not have to be charged under RICO or anything like that. An alien smuggling charge that meets certain elements carries a mandatory minimum sentence of 5 years, I have seen them get up to 19 depending on the severity of the case. I have seen prior felons get 3 years for re-entry after deportation and regular illegal aliens get the minimum mandatory 5 years for possession of a firearm. Unfortunately for locals, you kind of have to pray to get a prosecution minded person on the line when you call for assistance. Anyone in San Diego County or near, PM me and I can give you some numbers to call when you have something like that.
                "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

                Comment


                • #9
                  Sgt. I believe you were under the impression I was asking about the charges levied against the people concealed in a vehicle. I was curious about the possible repercussions from drivers knowingly exposing people to grave danger, which are concealed in compartments from which they can’t escape on public roads (without you being able call BP or ICE). I believe the first Officer understood what I was after. Thanks again.

                  Comment

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