[Nobbc] Front Plate petition

Dan home at drummondlaw.com
Thu Jan 15 20:57:56 MST 2009


Just in case anyone's interested, the actual license plate code sections
follow.  Having been a police officer many years ago (and a motorcycle
traffic officer to boot), I can tell you we frequently used missing front
plates as probable cause to justify stopping someone, but rarely actually
wrote the tag (unless of course justified by the attitude).  

VEHICLE CODE 
SECTION 5200-5206 

5200.  (a) When two license plates are issued by the department for
use upon a vehicle, they shall be attached to the vehicle for which
they were issued, one in the front and the other in the rear.
   (b) When only one license plate is issued for use upon a vehicle,
it shall be attached to the rear thereof, unless the license plate is
issued for use upon a truck tractor, in which case the license plate
shall be displayed in accordance with Section 4850.5.

5201.  License plates shall at all times be securely fastened to the
vehicle for which they are issued so as to prevent the plates from
swinging, shall be mounted in a position so as to be clearly visible,
and shall be maintained in a condition so as to be clearly legible.
The rear license plate shall be mounted not less than 12 inches nor
more than 60 inches from the ground, and the front license plate
shall be mounted not more than 60 inches from the ground, except as
follows:
   (a) The rear license plate on a tow truck may be mounted on the
left-hand side of the mast assembly at the rear of the cab of the
vehicle, not less than 12 inches nor more than 90 inches from the
ground.
   (b) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
   (c) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, but not less than 12 inches nor
more than 90 inches from the ground.
   (d) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by any person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
   (e) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
   (f) A covering shall not be used on license plates except as
follows:
   (1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. Any peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
   (2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
   (g) A casing, shield, frame, border, product, or other device that
obstructs or impairs the reading or recognition of a license plate
by an electronic device operated by state or local law enforcement,
an electronic device operated in connection with a toll road,
high-occupancy toll lane, toll bridge, or other toll facility, or a
remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall not be installed on, or
affixed to, a vehicle.
   (h) (1) It is the intent of the Legislature that an accommodation
be made to persons with disabilities and to those persons who
regularly transport persons with disabilities, to allow the removal
and relocation of wheelchair lifts and wheelchair carriers without
the necessity of removing and reattaching the vehicle's rear license
plate. Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
   (A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
   (B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
   (ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
   (2) Notwithstanding any other provision of law, if a decal is
displayed pursuant to this subdivision, the requirements of this code
that require the illumination of the license plate and the license
plate number do not apply.
   (3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
   (4) This subdivision does not apply to a front license plate.

5201.1.  (a) A person shall not sell a product or device that
obscures, or is intended to obscure, the reading or recognition of a
license plate, as prohibited by subdivision (g) of Section 5201.
   (b) A conviction for a violation of subdivision (a) is punishable
by a fine of two hundred fifty dollars ($250) per item sold.

5202.  Every license plate issued by this State or any other
jurisdiction within or without the United States shall remain
attached during the period of its validity to the vehicle for which
it is issued while being operated within this State or during the
time the vehicle is being held for sale in this State, or until such
time as a vehicle with special or identification plates is no longer
entitled to such plates and no person shall operate, nor shall an
owner knowingly permit to be operated, upon any highway any vehicle
unless the license plate is so attached.  Special permits issued in
lieu of plates shall be attached and displayed on the vehicle for
which issued during the period of their validity.


Dan


-----Original Message-----
From: nobbc-bounces at autox.team.net [mailto:nobbc-bounces at autox.team.net] On
Behalf Of Paige, Dean
Sent: Thursday, January 15, 2009 8:09 AM
To: North Bay British Car Club
Subject: Re: [Nobbc] Front Plate petition

Just stay out of lake County and San Francisco. State wide most of the
ticketing is done by County Cops who patrol County Parks. Easy money.
Santa Barbara one of the worst also. S F parking cops do the ticketing.
Or keep a front plate in the trunk. Put is in the rt. front window when
in iffy areas. Code only specifies that front plate be displayed on the
car front, doesn't say where.

Deano

-----Original Message-----
From: nobbc-bounces at autox.team.net [mailto:nobbc-bounces at autox.team.net]
On Behalf Of David Willson
Sent: Thursday, January 15, 2009 7:29 AM
To: North Bay British Car Club
Subject: Re: [Nobbc] Front Plate petition

At 01:48 PM 1/14/2009, you wrote:
>I was one of the Nobbc group ticketed by  Sgt. Awipe of the Napa county

>mounties in a stunning display of judicial overkill.

FWIW, I took my front plate off last year and haven't been bothered
about it yet, even by a CHP who pulled me over and gave me an award for
going really fast. ;-)  I guess I've been lucky so far.  Can you contest
it and say it fell off?

David Willson
Sebastopol, CA
74 JH   # 19377         Daily commuter
74 JH   # 15244         Excellent parts car (need parts?)
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