Re: Cited for California VC Section 21461(A) but No Sign Prohibiting U-Turn
Here's a link to an approximate location showing the double-double solid yellow lines: http://g.co/maps/x2gmy
There is a chance that the traffic school already submitted a completion certificate on your behalf. At which time, and unless you still have any monies that are due still, your case maybe closed. In that case, you'll have a few hoops to jump through to make that happen, as you suggested.
I don't think its worth the try and here is why:
Those lines were painted by local authority (I highly doubt Caltrans -a state agency- has jurisdiction over that segment of Westminster Blvd).
In reading 21461, you can see that it specifically mandates compliance with "a sign or signal defined as regulatory in the federal Manual on Uniform Traffic Control Devices, or a Department of Transportation approved supplement to that manual of a regulatory nature erected or maintained to enhance traffic safety and operations or to indicate and carry out the provisions of this code or a local traffic ordinance or resolution adopted pursuant to a local traffic ordinance", and no, double solid lines are neither a sign (a shaped sheet of metal with words/symbols), nor are the a signal (like a traffic light electronic or mechanical as defined under VC 445)...
STILL, 21461 goes on to prohibit: fail[ing] to obey a device erected or maintained by lawful authority of a public body or official.
And by "device" the code section is clearly talking about a "traffic control device" which as clearly defined by VC 440:
440. An "official traffic control device" is any sign, signal, marking, or device, consistent with Section 21400, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features.
And, lines on the roadway are in fact considered "markings" and "markings" fit under ^ the ^ definition ^ of a device, and in particular a traffic control device.
In this case, and while collectively, two sets of double solid yellow lines are indicative of an "island" or an "imaginary traffic barrier that one shall not cross", they are not included in the exclusions in that same the definition which is clearly descriptive of "physical" features not just "visual".
The confusion could have been avoided had the officer cited 21651(a)(1) or (2)
(a) Whenever a highway has been divided into two or more roadways by means of intermittent barriers or by means of a dividing section of not less than two feet in width, either unpaved or delineated by curbs, double-parallel lines, or other markings on the roadway, it is unlawful to do either of the following:
(1) To drive any vehicle over, upon, or across the dividing section.
(2) To make any left, semicircular, or U-turn with the vehicle on the divided highway, except through an opening in the barrier designated and intended by public authorities for the use of vehicles or through a plainly marked opening in the dividing section.
^This^ is also where you can make the connection between "double parallel lines" and "markings"...
Now, the fact that 21651 applies does not negate the applicability of 21461... Its just easier to understand with 21651.
Oh, and nice catch by Mr Satellite: Its a plane, its a bird... What the heck!
I am right 97% of the time... Who cares about the other 4%!