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2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2814.

2814. Every driver of a passenger vehicle shall stop and submit the vehicle to an inspection of the mechanical condition and equipment of the vehicle at any location where members of the California Highway Patrol are conducting tests and inspections of passenger vehicles and when signs are displayed requiring such stop.
The Commissioner of the California Highway Patrol may make and enforce regulations with respect to the issuance of stickers or other devices to be displayed upon passenger vehicles as evidence that the vehicles have been inspected and have been found to be in safe mechanical condition and equipped as required by this code and equipped with certified motor vehicle pollution control devices as required by Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code which are correctly installed and in operating condition. Any sticker so issued shall be placed on the windshield within a seven-inch square as provided in Section 26708.
If, upon such inspection of a passenger vehicle, it is found to be in unsafe mechanical condition or not equipped as required by this code and the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, the provisions of Article 2 (commencing with Section 40150) of Chapter 1 of Division 17 of this code shall apply.
The provisions of this section relating to motor vehicle pollution control devices apply to vehicles of the United States or its agencies, to the extent authorized by federal law.
(Amended by Stats. 1975, Ch. 957.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2814.1.

2814.1. (a) A board of supervisors of a county may, by ordinance, establish, on highways under its jurisdiction, a vehicle inspection checkpoint program to check for violations of Sections 27153 and 27153.5. The program shall be conducted by the local agency or department with the primary responsibility for traffic law enforcement.
(b) A driver of a motor vehicle shall stop and submit to an inspection conducted under subdivision (a) when signs and displays are posted requiring that stop.
(c) A county that elects to conduct the program described under subdivision (a) may fund that program through fine proceeds deposited with the county under Section 1463.15 of the Penal Code.
(d) State and local law enforcement agencies shall not conduct motorcycle only checkpoints.
(Amended by Stats. 2012, Ch. 89, Sec. 2. (AB 1047) Effective January 1, 2013.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2814.2.

2814.2. (a) A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b) Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the driver’s only offense is a violation of Section 12500.
(c) During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owner’s authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and driver’s license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officer’s copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) of Section 22651, whether a notice to appear has been issued or not.
(Added by Stats. 2011, Ch. 653, Sec. 2. (AB 353) Effective January 1, 2012.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2815.

2815. Any person who shall disregard any traffic signal or direction given by a nonstudent school crossing guard, appointed pursuant to Section 21100, or authorized by any city police department, any board of supervisors of a county, or the Department of the California Highway Patrol, when the guard is wearing the official insignia of such a school crossing guard, and when in the course of the guard’s duties the guard is protecting any person in crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety, shall be guilty of an infraction and subject to the penalties provided in Section 42001.1.
(Amended by Stats. 1984, Ch. 69, Sec. 1. Effective April 5, 1984.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2816.

2816. It is unlawful to load or discharge children onto or from a youth bus upon a highway at any location where the children must cross the highway upon which the youth bus is stopped, unless traffic is controlled by a traffic officer or an official traffic control signal.
(Added by Stats. 1982, Ch. 383, Sec. 4. Effective July 4, 1982. Operative on date (not sooner than October 1, 1982, or later than January 1, 1983) prescribed by Sec. 13 of Ch. 383.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2817.

2817. Any person who disregards any traffic signal or direction given by a peace officer authorized pursuant to subdivision (d) of Section 70 of the Penal Code to escort funeral processions, if the peace officer is in a peace officer’s uniform, and is in the process of escorting a funeral procession, shall be guilty of an infraction and subject to the penalties provided in subdivision (a) of Section 42001.
(Added by Stats. 1984, Ch. 1108, Sec. 1.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 4 - Administration and Enforcement › ARTICLE 1 - Lawful Orders and Inspections › Section 2818.

2818. It is unlawful to traverse an electronic beacon pattern, a flare pattern, cone pattern, or combination of electronic beacon, flare, or cone patterns, provided for the regulation of traffic, or provided in a situation where public safety personnel are engaged in traffic control or emergency scene management.
(Amended by Stats. 2008, Ch. 120, Sec. 1. Effective January 1, 2009.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2900.

2900. There is in this state, the California Traffic Safety Program, which consists of a comprehensive plan in conformity with the laws of this state to reduce traffic accidents and deaths, injuries, and property damage resulting from accidents. The program shall include, but not be limited to, provisions to improve driver performance, including, but not limited to, driver education, driver testing to determine proficiency to operate motor vehicles, and driver examinations and driver licensing, and provisions to improve bicyclist and pedestrian education and performance. In addition, the program shall include, but not be limited to, provisions for an effective record system of accidents, including injuries and deaths resulting from accidents; accident investigations to determine the probable causes of accidents, injuries, and deaths; vehicle registration, operation, and inspection; highway design and maintenance including lighting, markings, and surface treatment; traffic control; vehicle codes and laws; surveillance of traffic for detection and correction of high or potentially high accident locations; and emergency services.
(Amended by Stats. 2000, Ch. 181, Sec. 1. Effective January 1, 2001.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2901.

2901. The Governor may appoint a highway safety representative who shall serve in the Transportation Agency and who shall, in consultation with the Governor and Secretary of Transportation, prepare the California Traffic Safety Program. The Governor is responsible for the administration of the program, and has final approval of all phases of the program, and may take all action necessary to secure the full benefits available to the program under the Federal Highway Safety Act of 1966, and any amendments thereto. The highway safety representative serves at the pleasure of the secretary.
(Amended by Stats. 2013, Ch. 352, Sec. 522. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2902.

2902. To the maximum extent permitted by federal law and regulations and the laws of this state, the Governor may delegate to the Secretary of Transportation and the highway safety representative the authority necessary to administer the program, and the secretary and the representative may exercise this authority once delegated.
(Amended by Stats. 2013, Ch. 352, Sec. 523. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2903.

2903. The Governor may establish an Advisory Committee on the California Traffic Safety Program which shall consist of various officials of state and local government and other persons who are interested in the establishment of a comprehensive program of traffic safety in this state including, but not limited to, representatives of agriculture, railroads, the Institute of Transportation and Traffic Engineering of the University of California, the motor vehicle manufacturing industry, the automobile aftermarket equipment servicing and manufacturing industry, automobile dealers, the trucking industry, labor, motor vehicle user organizations, and traffic safety organizations.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2904.

2904. The California Traffic Safety Program shall include a local traffic safety program designed to encourage the political subdivisions of this state to establish traffic safety programs consistent with the objectives of the California Traffic Safety Program.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2905.

2905. On or before the fifth legislative day of the 1968 legislative session and each year thereafter, the Governor shall submit a report to the Legislature through such interim committee or committees as may be designated by legislative resolution. Such report shall include a detailed presentation of the California Traffic Safety Program, a statement concerning the progress made in implementing the program and recommendations concerning possible legislative action deemed necessary or desirable to implement the program.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2907.

2907. Any funds which are appropriated by Congress for the purposes of carrying out Section 402 of Title 23, United States Code (P.L. 89-564; 80 Stats. 731) and which are apportioned to this state by the Secretary of Commerce pursuant to Section 402 of Title 23, United States Code (P.L. 89-564; 80 Stats. 731) are continuously appropriated for the purposes and uses of the California Traffic Safety Program.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2908.

2908. The Governor shall apportion any funds contained in the California Traffic Safety Program Fund among the various state agencies and local political subdivisions as shall effectuate the purposes of the program, and, in accordance with any federal formula for apportionment or other federal requirements as contained in federal enactments, regulations, or standards promulgated by the Secretary of Commerce.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2909.

2909. Any local political subdivision of this state, including, but not limited to, a city, a county, a city and county, a district, or a special district, is authorized to participate in a local traffic safety program within its jurisdiction if such local program is approved by the Governor; provided, however, that any local political subdivision may participate in a traffic safety program other than that promulgated pursuant to the federal Highway Safety Act of 1966.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2910.

2910. Such local political subdivision may use, in implementing its local traffic safety program, any funds which are apportioned to it from the California Traffic Safety Program Fund by the Governor pursuant to Section 2908.
(Added by Stats. 1967, Ch. 1492.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 1 - Traffic Safety › Section 2911.

2911. All traffic safety programs that receive state funds and that include public awareness campaigns involving emergency vehicle operations shall include in the public awareness campaign, information on the risks to public safety of peace officer motor vehicle pursuits, and the penalties that may result from evading a peace officer.
(Added by Stats. 2005, Ch. 485, Sec. 8. Effective January 1, 2006.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 2 - Motorcycle Safety › Section 2930.

2930. (a) “Commissioner” means the Commissioner of the California Highway Patrol.
(b) “Fund” means the California Motorcyclist Safety Fund.
(c) “Program” means the motorcyclist safety program established in this article.
(Added by Stats. 1985, Ch. 547, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 2 - Motorcycle Safety › Section 2932.

2932. The commissioner may, through contracts with other public agencies or with private entities, do all of the following:
(a) Provide financial or other support to projects aimed at enhancing motorcycle operation and safety, including, but not limited to, motorcyclist safety training programs. The motorcyclist safety training programs shall comply with criteria which the commissioner, in consultation with other state agencies and national motorcycle safety organizations, may adopt to provide validated motorcyclist safety training programs in the state.
(b) Sponsor and coordinate efforts aimed at increasing motorists’ awareness of motorcyclists.
(c) Sponsor research into effective communication techniques to reach all highway users on matters of motorcyclist safety.
(d) Establish an advisory committee of persons from other state and local agencies with an interest in motorcycle safety; persons from the motorcycle industry; motorcycle safety organizations; motorcycle enthusiast organizations; and others with an interest in motorcycle safety, to assist in the establishment of a comprehensive program of motorcycle safety.
(e) Adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control, and setting forth a maximum amount for course fees for the novice rider training course specified in subdivisions (g) and (i) of Section 12804.9.
(f) (1) Adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control, for a premier motorcyclist safety training program. Motorcycle safety training courses offered under a premier motorcyclist safety training program shall meet all of the following requirements:
(A) Provide a core curriculum approved for the novice rider training course specified in subdivision (e).
(B) Additional course requirements established by the commissioner.
(2) On and after January 1, 2008, the commissioner shall not impose a maximum amount for course fees for courses provided under the premier motorcyclist safety training program.
(3) All administrative costs of a premier motorcyclist safety training program shall be paid for by the provider, and none of the costs shall be paid for by the state.
(Amended by Stats. 2006, Ch. 711, Sec. 2. Effective January 1, 2007.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 2 - Motorcycle Safety › Section 2933.

2933. The commissioner shall not directly manage or provide program services. Any program service financed under this article shall be provided under contractual arrangements or grant funding. All public agencies assisting or providing program services under this article shall be fully reimbursed for their costs by the commissioner. The commissioner shall monitor and evaluate any contracts or grants executed pursuant to this article to ensure that the provisions of the contracts or grants are adhered to by the recipients.
(Added by Stats. 1985, Ch. 547, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 2 - Motorcycle Safety › Section 2934.

2934. (a) The California Motorcyclist Safety Fund is hereby created in the State Treasury. The money in the fund is available, when appropriated by the Legislature, to fund programs established pursuant to this article and to defray related costs incurred. Moneys in the fund are and shall be held as trust funds for the exclusive trust purposes specified in this article.
(b) The commissioner shall not in any way encumber moneys in the fund beyond that amount which is actually available in the fund at the time of encumbrance, and shall not in any manner pledge or encumber future revenues to accrue to the fund from any source.
(Added by Stats. 1985, Ch. 547, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 5 - California Traffic Safety Program › ARTICLE 2 - Motorcycle Safety › Section 2935.

2935. The Department of Motor Vehicles shall, in addition to other fees, collect a fee of two dollars ($2) upon initial registration and renewal of registration of every motorcycle subject to registration fees. These additional fees shall be deposited in the fund.
(Added by Stats. 1985, Ch. 547, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3001.

3001. (a) Four of the appointive members of the board shall be new motor vehicle dealers as defined in Section 426 who have engaged for a period of not less than five years preceding their appointment in activities regulated by Article 1 (commencing with Section 11700) of Chapter 4 of Division 5. These members shall be appointed by the Governor.
(b) Each of the five remaining appointive members shall be a public member who is not a licentiate under Article 1 (commencing with Section 11700) or 2 (commencing with Section 11800) of Chapter 4 of Division 5 or an employee of such licentiate at the time of appointment and one of these five appointive members shall have been admitted to practice law in the state for at least 10 years immediately preceding his or her appointment. One public member shall be appointed by the Senate Committee on Rules, one by the Speaker of the Assembly, and three by the Governor.
(c) Each member shall be of good moral character.
(d) This section does not apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, as defined in Section 111, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.
(Amended by Stats. 2014, Ch. 279, Sec. 2. (AB 988) Effective January 1, 2015.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3003.

3003. (a) Each appointive member of the board shall be appointed for a term of four years and shall hold office until the appointment and qualification of his or her successor or until one year has elapsed since the expiration of the time for which he or she was appointed, whichever occurs first.
(b) The terms of the members of the board first appointed shall expire as follows: one public member and one new motor vehicle dealer member, January 15, 1969; two public members and one new motor vehicle dealer member, January 15, 1970; two public members and two new motor vehicle dealer members, January 15, 1971. The terms shall thereupon expire in the same relative order.
(c) Vacancies occurring shall be filled by appointment for the unexpired term.
This section does not apply to a dealer who deals exclusively in motorcycles, all-terrain vehicles, as defined in Section 111, or recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code.
(Amended by Stats. 2014, Ch. 279, Sec. 3. (AB 988) Effective January 1, 2015.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3005.

3005. The appointing authority has the power to remove from office at any time, any member of the board appointed by such appointing authority for continued neglect of duties required by law, or for incompetence, or unprofessional or dishonorable conduct. Nothing in this section shall be construed as a limitation or restriction on the power of the appointing authority, conferred by any other provision of law, to remove any member of the board.
(Added by Stats. 1967, Ch. 1397.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3006.

3006. The board shall organize and elect a president from among its members for a term of one year at the first meeting of each year. The newly elected president shall assume his or her duties at the conclusion of the meeting at which he or she was elected. Reelection to office during membership is unrestricted.
(Amended by Stats. 2013, Ch. 512, Sec. 2. (SB 155) Effective January 1, 2014.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3007.

3007. The board shall meet at least twice during each calendar year.
Special meetings may be called at any time by the president or by any five members of the board upon notice for such time and in such manner as the board may provide.
(Added by Stats. 1967, Ch. 1397.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3008.

3008. All meetings of the board shall be open and public, and all persons shall be permitted to attend any meeting of the board, except that the board may hold executive sessions to deliberate on the decision to be reached upon the evidence introduced in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2022, Ch. 295, Sec. 6. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3010.

3010. Five members of the board shall constitute a quorum for the transaction of business, for the performance of any duty or the exercise of any power or authority of the board, except that three members of the board, who are not new motor vehicle dealers, shall constitute a quorum for the purposes of Article 4 (commencing with Section 3060) and the consideration of a petition pursuant to subdivision (b) of Section 3050 that involves a dispute between a franchisee and franchisor.
(Amended by Stats. 2019, Ch. 796, Sec. 2. (AB 179) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3011.

3011. A vacancy on the board shall not impair the power of the remaining members to perform all duties and exercise all powers of the board, providing the members remaining constitute a quorum.
(Added by Stats. 1967, Ch. 1397.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3012.

3012. Each member of the board shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and he or she shall be reimbursed for traveling and other expenses necessarily incurred in the performance of his or her duties. The per diem and reimbursement shall be wholly defrayed from funds that shall be provided in the annual budget of the department.
(Amended by Stats. 2013, Ch. 512, Sec. 4. (SB 155) Effective January 1, 2014.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3013.

3013. The board shall adopt a seal and such other device as the members may desire thereon, by which they shall authenticate all papers and documents under their control.
Copies of all records and papers in the board’s office shall be received in evidence in all cases when certified under the hand and seal of the board, equally and with like effect as the originals.
(Added by Stats. 1967, Ch. 1397.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3014.

3014. The board may appoint an executive director, who shall be exempt from civil service requirements, and who shall devote as much time as may be necessary to discharge the functions of the board as herein provided. The department shall provide the board with the necessary personnel, office space, equipment, supplies, and services that, in the opinion of the board, may be necessary to administer this chapter. However, the board may contract with the department or another state agency for office space, equipment, supplies, and services, as determined by the board to be appropriate, for the administration of this chapter.
(Amended by Stats. 2003, Ch. 451, Sec. 5. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3015.

3015. In addition to the office of the executive director in Sacramento, the department shall, as the need therefor occurs, secure adequate rooms for the meetings of the board in Los Angeles, San Francisco, Sacramento, or other locations in the state as may be required in the discretion of the board, to administer this chapter.
(Amended by Stats. 2003, Ch. 451, Sec. 6. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 1 - Organization of Board › Section 3016.

3016. (a) New motor vehicle dealers and other licensees under the jurisdiction of the board shall be charged fees sufficient to fully fund the activities of the board other than those conducted pursuant to Section 472.5 of the Business and Professions Code. The board may recover the direct cost of the activities required by Section 472.5 of the Business and Professions Code by charging the Department of Consumer Affairs a fee which shall be paid by the Department of Consumer Affairs with funds appropriated from the Certification Account in the Consumer Affairs Fund. All fees shall be deposited, and held separate from other moneys, in the Motor Vehicle Account in the State Transportation Fund, and shall not be transferred to the State Highway Account pursuant to Section 42273.
(b) The fees shall be available, when appropriated, exclusively to fund the activities of the board. If, at the conclusion of any fiscal year, the amount of fees collected exceeds the amount of expenditures for this purpose during the fiscal year, the surplus shall be carried over into the succeeding fiscal year.
(Amended by Stats. 1997, Ch. 17, Sec. 143. Effective January 1, 1998.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.1.

3050.1. (a) In a proceeding, hearing, or in the discharge of duties imposed under this chapter, the board, its executive director, or an administrative law judge designated by the board may administer oaths, take depositions, certify to official acts, and issue subpoenas to compel attendance of witnesses and the production of books, records, papers, and other documents in any part of the state.
(b) For purposes of discovery, the board or its executive director may, if deemed appropriate and proper under the circumstances, authorize the parties to engage in the civil action discovery procedures in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, excepting the provisions of Chapter 13 (commencing with Section 2030.010) of that title. Discovery shall be completed no later than 15 days prior to the commencement of the proceeding or hearing before the board. This subdivision shall apply only to those proceedings or hearings involving a petition filed pursuant to subdivision (b) of Section 3050 or protest filed pursuant to subdivision (c) or (d) of Section 3050. The board, its executive director, or an administrative law judge designated by the board may issue subpoenas to compel attendance at depositions of persons having knowledge of the acts, omissions, or events that are the basis for the proceedings, as well as the production of books, records, papers, and other documents.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 796, Sec. 5. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. See later operative version added by Sec. 6 of Stats. 2019, Ch. 796.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.1.

3050.1. (a) In a proceeding, hearing, or in the discharge of duties imposed under this chapter, the board, its executive director, or an administrative law judge designated by the board may administer oaths, take depositions, certify to official acts, and issue subpoenas to compel attendance of witnesses and the production of books, records, papers, and other documents in any part of the state.
(b) For purposes of discovery, the board or its executive director may, if deemed appropriate and proper under the circumstances, authorize the parties to engage in the civil action discovery procedures in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, excepting the provisions of Chapter 13 (commencing with Section 2030.010) of that title. Discovery shall be completed no later than 15 days prior to the commencement of the proceeding or hearing before the board. This subdivision shall apply only to those proceedings or hearings involving a petition filed pursuant to subdivision (b) of Section 3050 or protest filed pursuant to subdivision (c) of Section 3050. The board, its executive director, or an administrative law judge designated by the board may issue subpoenas to compel attendance at depositions of persons having knowledge of the acts, omissions, or events that are the basis for the proceedings, as well as the production of books, records, papers, and other documents.
(c) This section shall become operative on January 1, 2030.
(Repealed (in Sec. 5) and added by Stats. 2019, Ch. 796, Sec. 6. (AB 179) Effective January 1, 2020. Section operative January 1, 2030, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.2.

3050.2. (a) Obedience to subpoenas issued to compel attendance of witnesses, or the production of books, records, papers, and other documents at the proceeding or hearing, may be enforced by application to the superior court as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Compliance with discovery procedures authorized pursuant to subdivision (b) of Section 3050.1 may be enforced by application to the executive director of the board. The executive director may, at the direction of the board, upon a showing of failure to comply with authorized discovery without substantial justification for that failure, dismiss the protest or petition or suspend the proceedings pending compliance. The executive director may, at the direction of the board, upon a failure to comply with authorized discovery without substantial justification for that failure, require payment of costs incurred by the board, as well as attorney’s fees and costs of the party who successfully makes or opposes a motion to compel enforcement of discovery. Nothing in this section precludes the executive director from making application to the superior court to enforce obedience to subpoenas or compliance with other discovery procedures authorized pursuant to subdivision (b) of Section 3050.1.
(Amended by Stats. 2003, Ch. 451, Sec. 8. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.3.

3050.3. A witness, other than an officer or employee of the state or of a political subdivision of the state, who appears by order of the board or its executive director, shall receive for his or her attendance the same fees and the same mileage allowed by law to witnesses in civil cases. The amount shall be paid by the party at whose request the witness is subpoenaed. The mileage and fees, if any, of a witness subpoenaed by the board or its executive director, but not at the request of a party, shall be paid from the funds provided for the use of the board in the same manner that other expenses of the board are paid.
(Amended by Stats. 2003, Ch. 451, Sec. 9. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.4.

3050.4. In a protest or petition before the board, the board, its executive director, or an administrative law judge designated by the board or its executive director, may order a mandatory settlement conference. The failure of a party to appear, to be prepared, or to have authority to settle the matter may result in one or more of the following:
(a) The board, its executive director, or an administrative law judge designated by the board or its executive director, may suspend all proceedings before the board in the matter until compliance.
(b) The board, its executive director, or an administrative law judge designated by the board or its executive director, may dismiss the proceedings or any part thereof before the board with or without prejudice.
(c) The board, its executive director, or an administrative law judge designated by the board or its executive director, may require all the board’s costs to be paid by the party at fault.
(d) The board, its executive director, or an administrative law judge designated by the board or its executive director, may deem that the party at fault has abandoned the matter.
(Amended by Stats. 2003, Ch. 451, Sec. 10. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.5.

3050.5. Pursuant to Section 3016, the board shall establish a fee for the initial filing by any party in regard to any protest or petition filed pursuant to this chapter.
(Amended by Stats. 2019, Ch. 796, Sec. 7. (AB 179) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.6.

3050.6. The board or its executive director may, in the event of a granting of a continuance of a scheduled matter, assess costs of the board upon the party receiving the continuance.
(Amended by Stats. 2003, Ch. 451, Sec. 11. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.7.

3050.7. (a) The board may adopt stipulated decisions and orders, without a hearing pursuant to Section 3066, 3080, or 3085.2, to resolve one or more issues raised by a protest or petition filed with the board. Whenever the parties to a protest or petition submit a proposed stipulated decision and order of the board, a copy of the proposed stipulated decision and order shall be transmitted by the executive director of the board to each member of the board. The proposed stipulated decision and order shall be deemed to be adopted by the board unless a member of the board notifies the executive director of the board of an objection thereto within 10 days after that board member has received a copy of the proposed stipulated decision and order.
(b) If the board adopts a stipulated decision and order to resolve a protest filed pursuant to Section 3060 or 3070 in which the parties stipulate that good cause exists for the termination of the franchise of the protestant, and the order provides for a conditional or unconditional termination of the franchise of the protestant, paragraph (2) of subdivision (a) of Section 3060 and paragraph (2) of subdivision (a) of Section 3070, which require a hearing to determine whether good cause exists for termination of the franchise, is inapplicable to the proceedings. If the stipulated decision and order provides for an unconditional termination of the franchise, the franchise may be terminated without further proceedings by the board. If the stipulated decision and order provides for the termination of the franchise, conditioned upon the failure of a party to comply with specified conditions, the franchise may be terminated upon a determination, according to the terms of the stipulated decision and order, that the conditions have not been met. If the stipulated decision and order provides for the termination of the franchise conditioned upon the occurrence of specified conditions, the franchise may be terminated upon a determination, according to the terms of the stipulated decision and order, that the stipulated conditions have occurred.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
(Amended by Stats. 2019, Ch. 796, Sec. 8. (AB 179) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions. See later operative version added by Sec. 9 of Stats. 2019, Ch. 796.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3050.7.

3050.7. (a) The board may adopt stipulated decisions and orders, without a hearing pursuant to Section 3066 or 3080, to resolve one or more issues raised by a protest or petition filed with the board. Whenever the parties to a protest or petition submit a proposed stipulated decision and order of the board, a copy of the proposed stipulated decision and order shall be transmitted by the executive director of the board to each member of the board. The proposed stipulated decision and order shall be deemed to be adopted by the board unless a member of the board notifies the executive director of the board of an objection thereto within 10 days after that board member has received a copy of the proposed stipulated decision and order.
(b) If the board adopts a stipulated decision and order to resolve a protest filed pursuant to Section 3060 or 3070 in which the parties stipulate that good cause exists for the termination of the franchise of the protestant, and the order provides for a conditional or unconditional termination of the franchise of the protestant, paragraph (2) of subdivision (a) of Section 3060 and paragraph (2) of subdivision (a) of Section 3070, which require a hearing to determine whether good cause exists for termination of the franchise, is inapplicable to the proceedings. If the stipulated decision and order provides for an unconditional termination of the franchise, the franchise may be terminated without further proceedings by the board. If the stipulated decision and order provides for the termination of the franchise, conditioned upon the failure of a party to comply with specified conditions, the franchise may be terminated upon a determination, according to the terms of the stipulated decision and order, that the conditions have not been met. If the stipulated decision and order provides for the termination of the franchise conditioned upon the occurrence of specified conditions, the franchise may be terminated upon a determination, according to the terms of the stipulated decision and order, that the stipulated conditions have occurred.
(c) This section shall become operative on January 1, 2030.
(Repealed (in Sec. 8) and added by Stats. 2019, Ch. 796, Sec. 9. (AB 179) Effective January 1, 2020. Section operative January 1, 2030, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 2 - Powers and Duties of Board › Section 3051.

3051. This chapter does not apply to any person licensed as a transporter under Article 1 (commencing with Section 11700) or as a salesperson under Article 2 (commencing with Section 11800) of Chapter 4 of Division 5, or to any licensee who is not a new motor vehicle dealer, motor vehicle manufacturer, manufacturer branch, new motor vehicle distributor, distributor branch, or representative. This chapter does not apply to transactions involving “mobilehomes,” as defined in Section 18008 of the Health and Safety Code, “recreational vehicles,” as defined in subdivision (b) of Section 18010 of the Health and Safety Code, truck campers, “commercial coaches,” as defined in Section 18001.8 of the Health and Safety Code, or off-highway motor vehicles subject to identification, as defined in Section 38012, except off-highway motorcycles, as defined in Section 436, and all-terrain vehicles, as defined in Section 111. Except as otherwise provided in this chapter, this chapter applies to a new motor vehicle dealer, a dealer of new recreational vehicles, as defined in subdivision (a) of Section 18010 of the Health and Safety Code, except a dealer who deals exclusively in truck campers, a vehicle manufacturer as defined in Section 672, a manufacturer branch as defined in Section 389, a distributor as defined in Section 296, a distributor branch as defined in Section 297, a representative as defined in Section 512, or an applicant therefor.
(Amended by Stats. 2003, Ch. 703, Sec. 5. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3061.

3061. In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) Amount of business transacted by the franchisee, as compared to the business available to the franchisee.
(b) Investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise.
(c) Permanency of the investment.
(d) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted.
(e) Whether the franchisee has adequate motor vehicle sales and service facilities, equipment, vehicle parts, and qualified service personnel to reasonably provide for the needs of the consumers for the motor vehicles handled by the franchisee and has been and is rendering adequate services to the public.
(f) Whether the franchisee fails to fulfill the warranty obligations of the franchisor to be performed by the franchisee.
(g) Extent of franchisee’s failure to comply with the terms of the franchise.
(Amended by Stats. 1983, Ch. 142, Sec. 160.)
2023 California Code › Vehicle Code - VEH › DIVISION 2 - ADMINISTRATION › CHAPTER 6 - New Motor Vehicle Board › ARTICLE 4 - Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement › Section 3063.

3063. In determining whether good cause has been established for not entering into a franchise or relocating an existing dealership of the same line-make, the board shall take into consideration the existing circumstances, including, but not limited to, all of the following:
(a) Permanency of the investment.
(b) Effect on the retail motor vehicle business and the consuming public in the relevant market area.
(c) Whether it is injurious to the public welfare for an additional franchise to be established or an existing dealership to be relocated.
(d) Whether the franchisees of the same line-make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area, which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified service personnel.
(e) Whether the establishment of an additional franchise would increase competition and therefore be in the public interest.
(f) For purposes of this section, the terms “motor vehicle dealership” and “dealership” shall have the same meaning as defined in Section 3062.
(Amended by Stats. 2013, Ch. 512, Sec. 11. (SB 155) Effective January 1, 2014.)