Vehicle code 35400 VCis the California law that governs thevehicle lengths. The code section states that a motor vehicle must not exceed a40 feet total length. The law then provides several exceptions that allow “oversized” vehicles (e.g. buses and trams) as long as certain conditions are met. Violation of the law will be charged as a misdemeanor and will result in a fine.
35400 CVstates that "a craft shall not exceed 40 feet in length... [but] this section does not apply to the following: (1) A craft used in a combination of craft... (2) A craft if the length exceeds." than 40 feet is caused by any part necessary to meet the fender and fender requirements of this Code...[and] (3) an articulated bus or truck not exceeding 60 feet in length... "
- Driving a makeshift RV in Los Angeles that is 42 feet long.
- a city with an articulated bus over 60 feet.
- Operating an oversize crane when you do not want the oversize to meet fender regulations.
A person accused of violating this law may contest the charges by alegal defence. Common defensive measures are:
- the vehicle is exempt by law,
- the police made a mistake in charging a driver according to the law, and/or
- the defendantobsesseda converted vehicle that was oversized but was not roadworthy.
Violators of California Vehicle Code 35400 will be chargedviolations. While the violationsSohnCrimes under California law are less serious thanminor offensesjserious crimes.
Violations will also result in a ticket and a fine of approximately $200.
While many traffic violations result in the DMV placing a point on the motorist's driving record, an overly long ticket does not have this effect. This is good news as earning points can do the following:
- license lock,
- revocation of driving license
- the department that explains the driver anegligent operator.
OurAuto Accident Lawyers in Californiawill highlight the following in this article:
- 1. What is an Excessive Duration Violation in California?
- 2. Can a person dispute a 35400 CVC citation?
- 2.1. exception under the law
- 2.2. mistakes of the police
- 23. Immobile vehicle
- 3. What are the fines?
- 4. What happens if a driver fails to appear in court for a speeding ticket?
- 5. How does violating this law affect a personal injury claim in California?
- 6. Are there laws related to this section of the California Code?
- 6.1. Bald Tire Violations – CVC 27465b,
- 6.2. Inertia at idle – CVC 21710, and
- 6.3. Disobeying a traffic control sign, signal or device – CVC 38300
According to CVC 35400 Vehicle Code, a vehicle must not exceed 40 feet in length.
1. What is an Excessive Duration Violation in California?
The code section states that a vehicle is allowednot exceeda length of 40 feet. This means that a person driving a motor vehicle that exceeds this overall length is breaking the law.1
There are manyexceptionsalthough within the law that applies to certain:
- buses (including school buses and transit buses),
- Vehicles that comply with fender regulations,
- tractor units,
- cars at home and
- Motor transporters and motor trucks.2
These exceptions mean that the above vehicles canexceed 40 feetin truck size when certain conditions and/or requirements are met.3
Please note that VC 35400 is California law enforced by state and local government agencies (including theCalifornia Highway Patrol). There are similar federal laws and governmental codes that apply to all states within the United States. These laws are enforced by federal agencies, including theUS Department of Transportation (DOT).
2. Can a person dispute a 35400 VC citation?
Criminal defense attorneys use a variety of legal strategies to contest charges under these laws. Strategies include showing:
- a vehicle is exempt from the law.
- The police made a mistake.
- A defendant converted an over-length vehicle, but it was not operational.
2.1. exception under the law
Remember that this law has many exceptions. Offers that specific vehiclesmay exceed40 feet under certain conditions. Some of these exceptions are technical in nature as they relate to specific parts of the vehicle such as:
- front axles and front tires and
- rear axles
However, a defendant can always plead that he did not break the law because of his vehiclewas exempt from it.
2.2. mistakes of the police
Again, many of the exceptions within this law are technical in nature and involve specific requirements for vehicle parts. This means that there is an opportunity for the police to simply “do it wrong' when they say a person has broken the law. So, a defense consists of a defendant saying they have been wrongly accused of:
- an error in the police assessment, or
- an error in the calculations of the police.
23. Immobile vehicle
A person is only guilty of this crime if they are actually caught.Drivea vehicle that is too long. For the purposes of this section, a defense is when a defendant says he/she was notoperatinga large vehicle.
Also a defense is that a large vehicle could not be driven. For example, some companies use large non-functioning vehicles for promotional or advertising purposes.
Violation of this law will be charged as a violation and will result in a $25 fine.
3. What are the fines?
Violation of these laws is assumedviolation.
The driver gets one tootraffic fineand must pay a$25 a lot.
Twenty-five dollars is the base amount of the fine. The actual cost of the ticket will be much higher (about $200) as it includes different onesFees and Ratings.
A violation of CVC 35400it will not workat a DMV point.
4. What happens if a driver fails to appear in court for a speeding ticket?
A driver who fails to appear in court to obtain a ticket is guilty of a criminal offense ("no-show") forVehicle code 40508 CVC.
A person must sign awritten promiseappear in court if you receive a traffic ticket in California.
A party commits a criminal offense if it willfully breaks this promise and fails to appear in court.4
The charge is "failure to appear in court".crime. The crime is punishable with:
- imprisonment for six monthscounty jail(Across fromstate prison), I
- a fine of up to $1,000.5
5. How does violating this law affect a personal injury claim in California?
A driver who breaks these laws runs the risk of causing a traffic accident with another motorist (egcollision from behind). If the motorist is injured in the accident, you can later file a personal injury lawsuit against the driver.
In this lawsuit, the driver can be declared “negligent”. Negligence means that the driver:
- liable for injuries and
- must compensate the plaintiff for the damage suffered.
California law states that a driver "they are negligent themselves' if it violates a law. In the context of CVC 35400, this means that a driver would be negligent per se in an accident if:
- caused the accident and injured another person and
- He was driving an excessively long vehicle and violated the statue.
6. Are there laws related to this section of the California Code?
There are three violations related to oversized vehicles. These are:
- Bald tire violations - CVC 27465b,
- Inertia at idle - CVC 21710 and
- Disobeying a traffic control sign, signal or device – CVC 38300.
6.1. Bald Tire Violations – CVC 27465b
Vehicle code 27465b CVCis California's "Bald Tires" statute. Makes it a criminal offense for a driver to drive a vehicle with worn tires.
As with CVC 35400, violating this law will result in a $25 fine.
6.2. Idle Inertia – CVC 21710
Vehicle code 21710 CVCit makes it a motion infraction for a driver to coast while going downhill.
As with operating an oversized vehicle, violating this law is considered a misdemeanor.
6.3. Disobeying a traffic control sign, signal or device – CVC 38300
Vehicle code 38300 CVCis California law making it a felony for a driver to disobey:
- traffic sign,
- signal that
- traffic control device.
Some examples of "signals, signals and devices" are:
- stop signs,
- Speed limits (e.g. excessive trucksmore than 55 miles per hour), and
- Do not enter any characters.
In contrast to an overly long ticket, a ticket under this statute will result in a DMV point.
- California vehicle code 35400 CVC.
- See the same.
- See the same. For example, the law allows streetcars to reach 60 feet in length.
- California vehicle code 40508 VC.
- California Penal Code 19 PC.