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73 Cards in this Set
- Front
- Back
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Effective enforcement of traffic laws results in: |
Effective enforcement of traffic laws results in: • an opportunity to build positive contacts with the public • the reduction of collision rates, saving lives, and reducing economic loss • a reduction of crime rates in general • encouraging voluntary compliance with the law • providing peace officers with probable cause to conduct enforcement stops which may lead to the discovery of additional traffic or criminal offenses |
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The peace officer’s role in traffic enforcement can be summed up in the three “E’s” of traffic. |
• Education (e.g., educate the public regarding traffic laws) • Enforcement (e.g., enforce traffic laws, control traffic) • Engineering (e.g., submit requests or suggestions to improve traffic safety by engineering or environmental design) |
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Statutes in the Vehicle Code fall within four categories according to their content. |
• Definitive Sections • Procedural Sections • Authoritative Sections • Punitive Sections |
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Definitive Sections |
• defines, limits, or explains the meaning of words or phrases • not citable Example: See Vehicle Code Section 360 |
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Procedural Sections |
• describes methods of proceeding through different courses of action • provides rules by which legal actions are conducted • states procedures to follow for failure to comply • not citable Example: See Vehicle Code Section 12509 |
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Authoritative Sections |
• grants authority to individuals or entities • not citable Example: See Vehicle Code Section 22651 |
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Punitive Sections |
• requires or prohibits certain actions • prescribes punishments or penalties for specific violations (felonies, misdemeanors, or infractions) • identifies cite/arrest actions Example: See Vehicle Code Section 22350 |
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Bicycle |
CVC 231 A device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels. Persons riding bicycles are subject to the provisions of this code specified in Vehicle Code Sections 21200 and 21200.5 |
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Business District |
CVC 235 and 240 (d) • portion of a highway and the property contiguous thereto • upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business • upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied • a business district may be longer than these distances if the above ratio of buildings in use for business to the length of the highway exists • Vehicle Code Section 240 contains definitions of terms related to business and residence districts as well as apartments and condominium complexes (multiple dwelling houses) included as business structures |
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Crosswalk |
CVC 275 • portion of a roadway included within the prolongation or connection of the boundary lines of a sidewalk at an intersection where the road meets at approximate right angles, or • portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface |
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Darkness
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CVC 280 • any time from one-half hour after sunset to one-half hour before sunrise, or • when visibility is not sufficient to see a person or vehicle at a distance of 1,000 feet |
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Driver |
CVC 305 A person who drives or is in actual physical control of a vehicle |
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Highway |
CVC 360 • publicly maintained, open to public for vehicular travel • extends from property line to property line |
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Intersection |
CVC 365 Area within prolongation of lateral curb lines, where vehicles on different highways may come into conflict |
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Limit Line |
CVC 377 Solid white line (12-24 inches wide) indicating point at which traffic is required to stop |
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Official Traffic Control Device |
CVC 440 A traffic control device is any sign, signal, or marking placed by public authority, for the purpose of regulating, warning, or guiding traffic |
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Official Traffic Control Signal |
CVC 445 A traffic control signal is any device that directs traffic to alternately stop and proceed which is erected by authority of a public body or official having jurisdiction |
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Pedestrian |
CVC 467 • any person who is afoot or is using a means of conveyance propelled by human power other than a bicycle • any person on an electric personal mobility device as defined in Vehicle Code Section 313 (e.g.: Segway) • any disabled person operating a self-propelled wheelchair |
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Residence District |
CVC 515/240(d) • is that portion of a highway and the property contiguous thereto other than a business district CVC 515(a) • upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting is occupied by 13 or more separate dwelling houses or business structures CVC 515(b) • upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting is occupied by 16 or more separate dwelling houses or business structures • a residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists |
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Roadway |
CVC 530 Portion of a highway improved, designed, or ordinarily used for vehicular travel |
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Sidewalk |
CVC 555 Portion of a highway set apart for pedestrian travel |
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Street |
CVC 590 Same as a highway • publicly maintained, open to public for vehicular travel • extends from property line to property line |
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Traffic |
CVC 620 Includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly, or together, using any highway for purposes of travel |
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Vehicle |
CVC 670 A device by which any person or property may be propelled or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks |
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Arrest without a warrant Vehicle Code Section 40300.5. |
Vehicle Code Section 40300.5. In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had 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 when any of the following exists: (a) The person is involved in a traffic accident. (b) The person is observed in or about a vehicle that is obstructing a roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to himself or herself or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of the crime unless immediately arrested. NOTE: This is an exception to the general rule that a misdemeanor violation must occur in the peace officer’s presence. Vehicle Code Section 40300.6 permits an arrest without a warrant to be made within a reasonable time and distance from the collision scene. There is no requirement that the peace officer be present at the time of the offense, but the peace officer must have reasonable cause to believe the person committed the offense of driving under the influence. |
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Mandatory appearance before a magistrate Vehicle Code Section 40302 |
Vehicle Code Section 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 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. |
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Optional appearance before a magistrate Vehicle Code Section 40303 |
Vehicle Code Section 40303 There are a number of Vehicle Code violations where an appearance before a magistrate is optional. Under such circumstances, the arresting peace officer may give the person a notice to appear, or take the person before the magistrate. • injuring or tampering with a vehicle • reckless driving • failure to perform duties in the event of a vehicle collision • participating in speed contests or exhibitions of speed • aiding and abetting same • driving while license is suspended or revoked • riding a bicycle while under the influence • riding a motorized scooter while under the influence • disobedience to traffic officers |
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Felony arrest Vehicle Code Section 40301 |
Vehicle Code Section 40301 Whenever a person is arrested for a felony violation of the Vehicle Code, that person shall be dealt with in the same manner as if arrested for any other felony. |
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Compliance with Peace Officer orders Vehicle Code Section 2800(a) |
There may be times when peace officers are called upon to control and manage traffic using only what they have on their person or within their vehicles. Vehicle Code Section 2800(a) states that it is unlawful to: • willfully fail or refuse to comply with • any lawful order, signal, or direction • of any peace officer • who is in uniform and • performing duties under any provision of the Vehicle Code. Violation of this section is a misdemeanor. |
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Evadinga peaceofficer Vehicle Code Section 2800 |
It is also unlawful to evade or attempt to evade a peace officer’s orders or direction. CVC 2800.1(a) and 2800.1(b) • any person who • while operating a motor vehicle • willfully flees or otherwise attempts to elude • a pursuing peace officer who is: - driving a distinctively marked vehicle - wearing a distinctive uniform - sounding a siren as is reasonably necessary - exhibiting at least one lighted red lamp visible from the front - riding a distinctively marked bicycle - giving a verbal command to stop - sounding a horn of at least 115 decibels - giving hand signals commanding the person to stop • is guilty of a misdemeanor CVC 2800.2(a) • if the evading vehicle is • driven in a willful or wanton disregard • for the safety of persons or property • the person driving the vehicle is guilty of a felony CVC 2800.3(a)(b) • whenever willful flight or • attempt to elude a pursuing peace officer • causes death or serious bodily injury • the person driving the vehicle is guilty of a felony • NOTE: The legislative intent is to apply this section when the injury is sustained by anyone other than the suspect driver. CVC 2800.4 • whenever willful flight or • attempt to elude pursuing peace officer • drives the wrong way, (opposite the way of traffic flow)the person is guilty of a misdemeanor and/or felony |
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Willful/ wanton disregard |
Under Vehicle Code Section 2800.2(b) a willful or wanton disregard for the safety of persons or property includes, but is not limited to: • driving while fleeing or attempting to elude a pursuing peace officer • three or more moving traffic violations that are assigned a traffic violation point count occur • when damage to property occurs |
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Peace officer controlled traffic management |
A peace officer may encounter situations where he or she is called upon to control or manage traffic using what is readily available. In these situations, a peace officer may use: hand signals, whistle, voice commands, flashlight, flares, cones, electronic beacon, barricades or signs, emergency lights from patrol car, other warning devices. In directing traffic, simple and/or complex intersections or highways(s) may require direction by more than one peace officer (with a primary peace officer in charge). |
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Hand Signals to Control Traffic |
When using hand signals to control or manage traffic, a peace officer should always remember to make eye contact with the driver, and give only one direction at a time. |
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Hand Signals to Control Traffic - STOP |
To stop a driver: • point with arm and fingers extended, and look straight at driver • hold until driver sees signal, or has had time to do so • raise pointing hand so palm is toward driver • hold this position until driver stops. Stop traffic from both directions in all lanes to give cross-street traffic the right-of-way: • stop traffic coming from one direction first, then the other • after traffic has been halted with one hand, hold that hand in stop position, then turn to the other side and repeat process • don’t lower either arm until cars coming from both directions are halted |
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Hand Signals to Control Traffic - START |
Place yourself so one side is towards traffic to be started: • point with arm and finger toward first car to be started • hold position until you get driver’s attention • with palm up, swing hand up and over chin, bending arm at elbow • after traffic has started from one side, drop that arm, and start traffic from other side in the same manner |
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Hand Signals to Control Traffic - KEEP MOVING |
Continue to use the same signals for the slow and timid drivers |
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Hand Signals to Control Traffic - RIGHT TURN |
• if car approaches from right, point toward driver with right arm • if car approaches from left, point with left arm • give driver time to see your gesture, then swing arm to point in direction the vehicle is to proceed • keep pointing in that direction until driver turns |
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Hand Signals to Control Traffic - LEFT TURN |
• may have to halt traffic in the lane(s) through which car is to cross • if car approaches from the left: - give stop signal with right arm to stop traffic in lane through which car is to cross - hold stop signal with right arm - give turning gesture with left arm • if car approaches from the right: - turn around to face in direction the car is to go - halt traffic with right arm - give turning gesture with left arm • on a street with only one lane in each direction: - one driver, turning left, can delay many cars behind unless the driver’s movement is handled properly - while driver is waiting, signal driver to move into intersection so cars behind can continue straight or make right turns - point finger at driver, motion to move forward and point to place where driver is to stop - when vehicle begins to move, signal cars behind it to move straight through or turn right - permit the left turn when there is a natural break in opposing traffic, or stop opposing traffic and signal for the left turn |
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Whistle to Control Traffic,
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The whistle can be used in conjunction with hand signals to get the attention of drivers and pedestrians. A peace officer should use his or her own judgment when using the whistle. Whistle blasts directed to pedestrians usually need not be as loud as those to command the attention of motorists. When using a whistle, a peace officer may use: • one long blast with a stop hand signal • two short blasts with the start hand signal • several short blasts to get the attention of a driver or pedestrian who does not respond to a given signal • a short, intermittent blast to keep the traffic proceeding forward |
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Voice Commands to Control Traffic |
The voice is seldom used in directing traffic flow. Hand gestures and the whistle are usually sufficient. Verbal orders not understood can lead to misinterpretations, which can be dangerous. Any orders which are shouted may also antagonize a person. When a driver or pedestrian does not understand a peace officer’s hand signals, the officer should move reasonably closer to the person, and politely and briefly explain the command. |
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Flashlights to Control Traffic |
A peace officer’s flashlight can be used to direct traffic in an emergency at night. When using a flashlight to direct traffic, a peace officer should: • not stand directly in front of the approaching vehicle • avoid blinding the motorist with flashlight beam • use a fluorescent cone to enhance peace officer safety When using a flashlight to halt traffic, a peace officer can: • slowly swing the flashlight at arm’s length across the path of the approaching vehicle • allow the flashlight beam to strike the pavement as an elongated spot of moving light that can be readily seen by driver |
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Flares to Control Traffic |
Flares can be used to warn oncoming traffic in situations where hazards are: • expected to last long enough to warrant taking the time • on shoulder or side of road • in a traffic lane (night or day time) A peace officer should provide sufficient advance warning based on existing conditions, such as roadway configuration, lighting, posted speed limit, visibility, etc. Improper use of flares can add to the hazard. Flares should not be used: • around flammable substance spills (gas, oil, etc.) • in hazardous environmental conditions (dry grassy fields, high winds) • when other environmental concerns exist (e.g., rain, Botts dots, or painted lane markings) |
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Guidelines for use of flares |
Lighting • remove cap to expose the striking plate and place it on the other end of the flare to prevent it from rolling • hold at arms length • contact and hold the flare against the strike plate • turn face away from strike area • strike flare and move it away from your body Extinguishing • pick up at the non-burning end, only if at least three inches remain • tap/scrape the side of the burning end against pavement until extinguished • do not throw or kick lit flare • let short flares (any time the non-burning end feels warm to the touch) burn out • do not step on a short flare to extinguish |
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Vehicle Code Section 21461(a) |
• it is unlawful for a driver • to fail to obey any: - sign - signal device - local traffic ordinance or resolution - traffic control device NOTE: This statute may be used by peace officers when there is not a more specific section available. NOTE: This section of the Vehicle Code does not apply to parking violations |
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Vehicle Code Section 21461.5 |
unlawful for pedestrians to fail to obey any official traffic control sign or signal |
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Vehicle Code Section 22101(d) |
unlawful for any driver to disobey traffic control devices regulating or prohibiting turning movements at intersections |
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Vehicle Code Section 21453(a) |
A circular red light requires a driver to: • stop at a marked limit line - if there is no limit line, stop before entering the near crosswalk - if there is no crosswalk, stop before entering the intersection • remain stopped until the light has changed and it is safe to proceed |
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Vehicle Code Section 21453(b) |
After stopping at a circular red light and yielding to traffic lawfully using the intersection and pedestrians lawfully within an adjacent crosswalk, a driver may: • turn right or • turn left from a one-way street onto a one-way street • unless there is a sign prohibiting such movement |
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Vehicle Code Section 21453(c) |
A driver facing a steady red arrow shall: • stop at a marked limit line • if there is no limit line, stop before entering the crosswalk • if there is no crosswalk, stop before entering the intersection • remain stopped • until an indication permitting movement is shown |
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Vehicle Code Section 21457(a) |
At a flashing red light, a driver must: • stop at a marked limit line - if there is no limit line, stop before entering the crosswalk - if there is no crosswalk, stop before entering the intersection • then proceed according to the laws regarding yielding right of way NOTE: A flashing red light has the same stopping requirements as a stop sign. |
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Vehicle Code Section 21453(d) |
Pedestrians facing a steady circular red signal or red arrow are not permitted to enter the roadway unless otherwise directed by a pedestrian control signal. |
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Vehicle Code Section 21451(a) |
at a green signal light, a driver shall proceed after yielding, to vehicles and pedestrians lawfully within the intersection |
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Vehicle Code Section 21451(b) |
only making the movement that is indicated when entering an intersection under a green arrow signal light |
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Vehicle Code Section 21454(c) |
a steady red signal light is an indication that the driver should not enter or use the traffic lane |
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Vehicle Code Section 21455 |
drivers are required to obey traffic control signals erected at places other than an intersection |
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Vehicle Code Section 21456(a) |
when a pedestrian signal indicates “walk,” pedestrians must yield right-of-way to vehicles already in the intersection |
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Vehicle Code Section 21456(b) |
pedestrians shall not start to cross the roadway if a pedestrian signal light indicates “Don’t Walk,” “Wait,” or shows an upraised hand |
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Vehicle Code Section 22450(a) |
The driver of any vehicle: • approaching a stop sign: - at the entrance to an intersection - within an intersection - at a railroad grade crossing • shall stop at a limit line, if marked • otherwise before entering the crosswalk on the near side of the intersection NOTE: If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway or railroad grade crossing. |
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Vehicle Code Section 22451(a) |
• A driver of any vehicle or pedestrian approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and shall not proceed until he or she can do safely, whenever the following conditions exist: • a clearly visible electric or mechanical signal device or flagman warns of the approach of a train/car • an approaching train or car is plainly visible or is emitting an audible signal |
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Vehicle Code Section 22451(b) |
No driver or pedestrian shall proceed through, around or under any closed railroad or rail transit crossing gate |
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Vehicle Code Section 22452(b) |
Before crossing a railroad grade crossing, the driver of a specified vehicle shall: • stop • listen • look • do not proceed until it is safe to do so A specified vehicle includes any: • bus or farm labor vehicle that carries passengers • truck that carries explosives, gasoline, division 2.3 chlorine, liquefied petroleum gas, or other hazardous materials transport |
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Vehicle Code Section 21460(a) |
When double parallel solid yellow lines are in place, no person driving a vehicle shall: • drive to the left of the double lines • except when: - turning at an intersection - entering a driveway or private road - making a legal U-turn - when one of the double lines is broken NOTE: Raised pavement markers may simulate painted lines (e.g., Botts dots). |
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Vehicle Code Section 21460.5(c) |
A two-way left-turn lane: • must be used by a driver when preparing to make a left turn onto a highway • must be used when making a left or U-turn from the highway • shall not be driven in for more than 200 feet while: - preparing for and making a U-turn, or - preparing to merge into the adjacent lanes of travel NOTE: This section does not prohibit driving across a two-way left-turn lane. |
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Vehicle Code Section 525 |
Right-of-Way Only one person can occupy a given space at a time. Right-of-way is the privilege of the immediate use by a driver of a given space on the highway. |
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Right-of-way Lane-by-lane application |
Since right-of-way refers to a particular place of potential conflict, it also applies lane-by-lane. A driver may enter a lane if that lane is free and open. If a vehicle is already in the lane, the driver who wishes to change lanes must yield to the traffic in other lanes if there is a potential hazard.If a driver wishes to move through successive lanes, that driver must yield the right-of-way one lane at a time.Even when an oncoming vehicle in the lane closest to the left-turning vehicle surrenders its right-of-way, the driver who is turning left may not proceed beyond the first lane of traffic, if vehicles approaching in other lanes are a hazard during the turn. |
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Vehicle Code Section 21800(a) |
A driver of a vehicle approaching an intersection shall yield the • right-of-way to any vehicle which has entered the intersection from a different highway |
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Vehicle Code Section 21800(b)(1) |
When two vehicles enter an intersection from different highways at the same time: • the driver of the vehicle on the left shall yield the right-of-way • to the vehicle on that driver’s immediate right NOTE: “At the same time” has been interpreted as meaning approximately the same time. If the driver of one of the vehicles entering the intersection at the same time is on a terminating highway: • that driver shall yield the right-of-way • to any vehicle on the intersecting continuing highway NOTE: A terminating highway is a highway which intersects (but does not continue beyond the intersection) with another highway which continues through the intersection, commonly known as a T intersection. |
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Vehicle Code Section 21800(c) |
When two vehicles enter the intersection from different highways at the same time and the intersection is controlled from all directions by stop signs, (not limited to four way): • the driver of the vehicle on the left • shall yield right-of-way to the vehicle on the driver’s immediate right |
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Vehicle Code Section 21800(d)(1) |
The driver of any vehicle approaching an intersection with inoperative signals shall: • stop • proceed with caution only when it is safe to do so |
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Vehicle Code Section 21800(d)(2) |
When two vehicles approach the intersection from different highways at the same time: • the requirements are the same as for an intersection controlled from all directions by stop signs |
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Vehicle Code Section 21801(a) |
Vehicle Code Section 21801(a) states that a driver intending to turn left or to complete a U-turn at an intersection or into public or private property or an alley shall: • yield right-of-way to all vehicles which: - have approached - are approaching from the opposite direction, and - close enough to constitute a hazard during the turning movement • continue to yield to approaching vehicles - until the left turn can be made with reasonable safety |
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Vehicle Code Section 21802(a) |
The driver of any vehicle approaching a stop sign at the entrance to an intersection must not only stop, but also yield the right-of-way. Vehicle Code Section 21802(a) states that the driver of a vehicle approaching a stop sign shall: • stop as required by a stop sign (Vehicle Code Section 22450) • then yield the right-of-way to other vehicles which: - have approached - are approaching so closely as to be an immediate hazard, and • continue to yield to approaching vehicles - until the driver can proceed with reasonable safety NOTE: Immediate hazard is determined primarily by the factors of speed and distance of the approaching vehicles. NOTE: Vehicle Code Section 21802 does not apply when stop signs are at all approaches to the intersection. |
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Vehicle Code Section 21803(a) |
Establishes the following process for obeying a yield sign.The driver of any vehicle shall: • yield the right-of-way to other vehicles which: - have entered the intersection from an intersecting street - are approaching so closely as to constitute an immediate hazard, and • continue to yield the right-of-way to such approaching vehicles - until the driver can proceed with reasonable safety |
