CALIFORNIA CODES

VEHICLE CODE

SECTION 40800-40808

 

 

 

 

40800.  Every traffic officer on duty for the exclusive or main

purpose of enforcing the provisions of Division 10 or 11 of this code

shall wear a full distinctive uniform, and if the officer while so

on duty uses a motor vehicle, it must be painted a distinctive color

specified by the commissioner.

   This section does not apply to an officer assigned exclusively to

the duty of investigating and securing evidence in reference to any

theft of a vehicle or failure of a person to stop in the event of an

accident or violation of Section 23109 or in reference to any felony

charge, or to any officer engaged in serving any warrant when the

officer is not engaged in patrolling the highways for the purpose of

enforcing the traffic laws.

 

 

 

40801.  No peace officer or other person shall use a speed trap in

arresting, or participating or assisting in the arrest of, any person

for any alleged violation of this code nor shall any speed trap be

used in securing evidence as to the speed of any vehicle for the

purpose of an arrest or prosecution under this code.

 

 

 

 

40802.  (a) A "speed trap" is either of the following:

   (1) A particular section of a highway measured as to distance and

with boundaries marked, designated, or otherwise determined in order

that the speed of a vehicle may be calculated by securing the time it

takes the vehicle to travel the known distance.

   (2) A particular section of a highway with a prima facie speed

limit that is provided by this code or by local ordinance under

subparagraph (A) of paragraph (2) of subdivision (a) of Section

22352, or established under Section 22354, 22357, 22358, or 22358.3,

if that prima facie speed limit is not justified by an engineering

and traffic survey conducted within five years prior to the date of

the alleged violation, and enforcement of the speed limit involves

the use of radar or any other electronic device that measures the

speed of moving objects.  This paragraph does not apply to a local

street, road, or school zone.

   (b) (1) For purposes of this section, a local street or road is

defined by the latest functional usage and federal-aid system maps

submitted to the federal Highway Administration, except that when

these maps have not been submitted, or when the street or road is not

shown on the maps, a "local street or road" means a street or road

that primarily provides access to abutting residential property and

meets the following three conditions:

   (A) Roadway width of not more than 40 feet.

   (B) Not more than one-half of a mile of uninterrupted length.

Interruptions shall include official traffic control signals as

defined in Section 445.

   (C) Not more than one traffic lane in each direction.

   (2) For purposes of this section "school zone" means that area

approaching or passing a school building or the grounds thereof that

is contiguous to a highway and on which is posted a standard "SCHOOL"

warning sign, while children are going to or leaving the school

either during school hours or during the noon recess period.  "School

zone" also includes the area approaching or passing any school

grounds that are not separated from the highway by a fence, gate, or

other physical barrier while the grounds are in use by children if

that highway is posted with a standard "SCHOOL" warning sign.

   (c) (1) When all of the following criteria are met, paragraph (2)

of this subdivision shall be applicable and subdivision (a) shall not

be applicable:

   (A) When radar is used, the arresting officer has successfully

completed a radar operator course of not less than 24 hours on the

use of police traffic radar, and the course was approved and

certified by the Commission on Peace Officer Standards and Training.

 

   (B) When laser or any other electronic device is used to measure

the speed of moving objects, the arresting officer has successfully

completed the training required in subparagraph (A) and an additional

training course of not less than two hours approved and certified by

the Commission on Peace Officer Standards and Training.

   (C) (i) The prosecution proved that the arresting officer complied

with subparagraphs (A) and (B) and that an engineering and traffic

survey has been conducted in accordance with subparagraph (B) of

paragraph (2).  The prosecution proved that, prior to the officer

issuing the notice to appear, the arresting officer established that

the radar, laser, or other electronic device conformed to the

requirements of subparagraph (D).

   (ii) The prosecution proved the speed of the accused was unsafe

for the conditions present at the time of alleged violation unless

the citation was for a violation of Section 22349, 22356, or 22406.

   (D) The radar, laser, or other electronic device used to measure

the speed of the accused meets or exceeds the minimal operational

standards of the National Traffic Highway Safety Administration, and

has been calibrated within the three years prior to the date of the

alleged violation by an independent certified laser or radar repair

and testing or calibration facility.

   (2) A "speed trap" is either of the following:

   (A) A particular section of a highway measured as to distance and

with boundaries marked, designated, or otherwise determined in order

that the speed of a vehicle may be calculated by securing the time it

takes the vehicle to travel the known distance.

   (B) (i) A particular section of a highway or state highway with a

prima facie speed limit that is provided by this code or by local

ordinance under subparagraph (A) of paragraph (2) of subdivision (a)

of Section 22352, or established under Section 22354, 22357, 22358,

or 22358.3, if that prima facie speed limit is not justified by an

engineering and traffic survey conducted within one of the following

time periods, prior to the date of the alleged violation, and

enforcement of the speed limit involves the use of radar or any other

electronic device that measures the speed of moving objects:

   (I) Except as specified in subclause (II), seven years.

   (II) If an engineering and traffic survey was conducted more than

seven years prior to the date of the alleged violation, and a

registered engineer evaluates the section of the highway and

determines that no significant changes in roadway or traffic

conditions have occurred, including, but not limited to, changes in

adjoining property or land use, roadway width, or traffic volume, 10

years.

   (ii) This subparagraph does not apply to a local street, road, or

school zone.

 

 

 

40803.  (a) No evidence as to the speed of a vehicle upon a highway

shall be admitted in any court upon the trial of any person in any

prosecution under this code upon a charge involving the speed of a

vehicle when the evidence is based upon or obtained from or by the

maintenance or use of a speedtrap.

   (b) In any prosecution under this code of a charge involving the

speed of a vehicle, where enforcement involves the use of radar or

other electronic devices which measure the speed of moving objects,

the prosecution shall establish, as part of its prima facie case,

that the evidence or testimony presented is not based upon a

speedtrap as defined in paragraph (2) of subdivision (a) of Section

40802.

   (c) When a traffic and engineering survey is required pursuant to

paragraph (2) of subdivision (a) of Section 40802, evidence that a

traffic and engineering survey has been conducted within five years

of the date of the alleged violation or evidence that the offense was

committed on a local street or road as defined in paragraph (2) of

subdivision (a) of Section 40802 shall constitute a prima facie case

that the evidence or testimony is not based upon a speedtrap as

defined in paragraph (2) of subdivision (a) of Section 40802.

 

 

 

40804.  (a) In any prosecution under this code upon a charge

involving the speed of a vehicle, any officer or other person shall

be incompetent as a witness if the testimony is based upon or

obtained from or by the maintenance or use of a speed trap.

   (b) Every officer arresting, or participating or assisting in the

arrest of, a person so charged while on duty for the exclusive or

main purpose of enforcing the provisions of Divisions 10 and 11 is

incompetent as a witness if at the time of such arrest he was not

wearing a distinctive uniform, or was using a motor  vehicle not

painted the distinctive color specified by the commissioner.

   This section does not apply to an officer assigned exclusively to

the duty of investigating and securing evidence in reference to any

theft of a vehicle or failure of a person to stop in the event of an

accident or violation of Section 23109 or in reference to any felony

charge or to any officer engaged in serving any warrant when the

officer is not engaged in patrolling the highways for the purpose of

enforcing the traffic laws.

 

 

 

40805.  Every court shall be without jurisdiction to render a

judgment of conviction against any person for a violation of this

code involving the speed of a vehicle if the court admits any

evidence or testimony secured in violation of, or which is

inadmissible under this article.

 

 

 

40806.  In the event a defendant charged with an offense under this

code pleads guilty, the trial court shall not at any time prior to

pronouncing sentence receive or consider any report, verbal or

written, of any police or traffic officer or witness of the offense

without fully informing the defendant of all statements in the report

or statement of witnesses, or without giving the defendant an

opportunity to make answer thereto or to produce witnesses in

rebuttal, and for such purpose the court shall grant a continuance

before pronouncing sentence if requested by the defendant.

 

 

 

40807.  No record of any action taken by the department against a

person's privilege to operate a motor vehicle, nor any testimony

regarding the proceedings at, or concerning, or produced at, any

hearing held in connection with such action, shall be admissible as

evidence in any court in any criminal action.

   No provision of this section shall in any way limit the

admissibility of such records or testimony as is necessary to enforce

the provisions of this code relating to operating a motor vehicle

without a valid driver's license or when the driving privilege is

suspended or revoked, the admissibility of such records or testimony

in any prosecution for failure to disclose any matter at such a

hearing when required by law to do so, or the admissibility of such

records and testimony when introduced solely for the purpose of

impeaching the credibility of a witness.

 

 

40808.  Subdivision (d) of Section 28 of Article I of the California

Constitution shall not be construed as abrogating the evidentiary

provisions of this article.