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22651 California Vehicle Code(CVC)
Terms in this set (17)
22651(a) Unattended on Bridge
Use this section when a vehicle is left unattended and obstructs traffic upon a bridge viaduct, or causeway, or in a tube or tunnel.
22651(b) Obstructing Traffic
Use this section when a vehicleis parked or left upon a highway so as to obstruct normal traffic movement or in a condition so as to create a hazard to other traffic uponthe highway.
(a) In considering whether a vehicle creates a hazard to traffic, the officer should consider reduced visibility caused by darkness, fog, snow, etc.
(b) A visual hazard alone does not constitute a vehicle creating a hazardupon a highway(e.g., vehicle abandoned in a field after running off a roadway).
22651(c) Stolen/Embezzled Vehicle
Use this section when a vehicle is found on a highway or public lands and has previously been reported stolen or a warrant has been issued for embezzled. (Refer to HPM 81.2, Chapter 3, Stolen, Embezzled, or Recovered Vehicle/Vessel Procedures.)
22651(d) Blocking Driveway
Use this section when a vehicle is illegally parked so as to block the entrance to a private driveway.
(a) Officers should make a reasonable attempt to locate the vehicle's owner.
22651(e) Blocking Fire Hydrant
Use this section when a vehicle is illegally parked as to prevent prevent access by firefighting equipment to a fire hydrant. (Reference Section 22514 CVC.)
22651(f) Four Hours On Freeway
Use this section when a vehicle is stopped, parked or left standing for more than four hours upon a freeway right-of-way and the drive, if present, cannot move the vehicle under its own power.
(a) Vehicles upon a freewayright-of-way includes on ramps or off ramps.
(b) "Cannot move" includes drivers waiting for service when such assistance has an extended arrival time or when the drive is indigent or without financial means to pay for service.
22651(g) Driver Incapitated
Use this section when the person in charge of a vehicle upon a highway or public land is, by physical injury or illness, incapitated to the extent that they are unable to move vehicle or take custody.
22651(h)(1) Driver In Custody
Use this section to provide for the safekeeping of vehicles and the property they may contain. A officer may remove a vehicle when the drive or person in control of the vehicle is taken into custody.
(a) Officers shall not remove vehicles from private property if the property is owned, leased, or rented by the driver or the person in control of the vehicle. This includes parking spaces at community parking facilities, single family dwellings, apartment complexes, etc., where the driver or the person in control resides.
(b) Prior to the removal of a vehicle, consideration regarding community caretaking shall be made prior to its removal(e.g., vehicle is legally parked at the time of the enforcement contact or it is at a safe location; the vehicle may be secured at the scene). If the vehicle is in a high crime area or illegally parked, the vehicle may be removed.
22651(h)(2) Driver Under 21 Years of Age or on Probation
Use this section for a driver under 21 years of age, who has a blood alcohol content of .01 percent or greater and is issued as a DS 367M, Under Age 21 Officer's Statement, or driver is on probation for prior DUI pursuant to Section 13389 CVC.
(a) Officers shall not remove vehicles from private property if the property is owned, leased, or rented by the driver or person in control of the vehicle resides.
(b) Prior to the removal of a vehicle, consideration regarding community caretaking shall be made. For example, if the vehicle is legally parked at the time of the enforcement contact, or is at a safe location, the vehicle may be secured at the scene. If the vehicle is in a high crime areaor illegally parked, the vehicle may be removed.
22651(i)(1) Five or More Parking Violations
(a) Area commanders should establish guidlines in accordance with local court procedures for accepting evidence of bail for parking citations and registration or for issuing a CHP 215.
(b) The officer shall obtain a superviser's approval, when possible, or as local policy mandates.
22651(j) Illegally Parked with No License Plates
Use this section when a vehicle is found illegally parked with no license plates or other evidence of registration displayed.
(a) The vehicle may be impounded until the RO or person in control of the vehicle provides evidence of their identity and an adress within this state at which they may be located.
22651(k) Parked Over 70 Hours in Violation of Ordinance
(a) In the Remarks section of the CHP 180, indicate the localordinance violated which authorized removal.
(b) Officers should be able to articulate a belief that the vehicle has not been moved during the time period(issuance of a CHP 422, Vehicle Check/Parking warning/Highway Damage Report).
22651(l) Illegally Parked in Cleaning/Construction Area and Signs Posted 24 Hours Prior to Removal
In the Remarks section of CHP 180, indicate the local ordinance that prohibited the standing or parking and state the contents of the posted signs(e.g., "No Parking or Stopping Between 6 a.m. and 9 a.m.").
HPM 81.2 2-26
22651(m) Parade Access
Use this section when a highway has been authorized by local authorities for parades, celebrations, fairs, or movement of equipment, articles, or structures of unusual size, and signs are placed 24 hours prior to removal. In the Remarks section of the CHP 180, indicate the local ordinance that allowed the removal and sate the contents of the posted signs(e.g., "No Parking or Stopping Between 6 a.m. and 9 a.m.").
22651(n) Resolution or Ordinance Prohibiting Parking
In the Remarks section of the CHP 180, indicate the resolution or ordinance and state the contents of the posted sign(e.g., "Tow Away Zone, No Parking or Stopping").
22651(o)(1)(A)(Impound) Vehicle Registration Expired Six Months
Vehicle is found or operated on a highway, public land, or an off street parking facility.
(a) Officers may remove a vehiclefor a registration expiration date(i.e., fees due, incomplete registration application) in excess of six months prior to the date the vehicle is located and the concurrence of a supervisor has been obtained, if possible. The requirement to obtain a supervisor's approval may be waived at the discretion of the Area commander.
(b) Officers should routinely check the "Section 22850.3 CVC" box on the CHP 180 to ensure proof of current registration is provided for vehicle release purposes.
22651(p)(Impound) Unlicensed/Suspended Driver
Officers shall use the most appropriate vehicle impound athority when they encounter a driver who is unlicensed or has a suspended/revoked license. Consideration should be given to previous actions which have failed to deter the driver. This section should be used unless circumstance warrant a more severe action.
(a) All of the following conditions shall be satisfied prior to impounding a vehicle pursuant to Section 22651(p) CVC.
THIS SET IS OFTEN IN FOLDERS WITH...
Elements of Crimes
California Vehicle Codes
Penal Codes- Crime Elements
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