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  1. #1

    Default Does "No Trucks" Apply to My Full Size Pickup

    My question involves a traffic ticket from the state of: California

    I was recently ticketed by a CHP Officer for CVC 21461(a). I drive a chevy extra cab full size pickup truck with a utility body. It's your basic full size commercial work truck. The officer stated that the section of freeway I was on had signs that said "No Trucks." Apparently, my utility body commercial pickup qualifies as a truck. I disagreed with the officer and told him I was in a pickup and I didnt qualify as a "truck." The code section is so vague.

    The text of the code i was cited for indicates that (a) It is unlawful for a driver of a vehicle to fail to obey
    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, or to fail to obey a device erected or maintained by
    lawful authority of a public body or official.

    I am in the process of writing my case and am looking for a cvc that relates to when is a pick up, a truck. Anyone know of one?

    Thanks everyone!

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Does "No Trucks" Apply to My Full Size Pickup

    It might be a long shot on a ticket for the officer but he may be correct. I think this one would be a great reason to go to court. Let the judge be the decision maker for this. The intent of the sign is to keep combination trucks out of those lanes (usually the left lanes of a multi lane freeway). Your work truck, one designed and able to follow the posted "auto" speed limit, as long as you were not pulling a trailer should not be a concern to most officers.



    The section you were cited for, 21461(a) VC, is a catch all section for any regulatory sign (black and white sign) where a specific violation is difficult to find.


    Here are some definitions for you which should help.


    Good luck in court and let us know what happens.

    Pickup Truck
    471. A "pickup truck" is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. "Pickup truck" does not include a motor vehicle otherwise meeting the above definition, that is equipped with a bed-mounted storage compartment unit commonly called a "utility body."

    Added Ch. 13, Stats. 1991. Effective February 13, 1991.
    Amended Ch. 928, Stats. 1991. Effective October 14, 1991.
    Amended Sec. 8, Ch. 652, Stats. 1997. Effective January 1, 1998.



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    Motor Truck
    410 vc. A "motor truck" or "motortruck" is a motor vehicle designed, used, or maintained primarily for the transportation of property.

    Amended Ch. 272, Stats. 1993. Effective August 2, 1993.


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    Truck Tractor
    655 vc. (a) A "truck tractor" is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet.
    (b) Notwithstanding subdivision (a), a truck tractor, operated by a motor carrier whose owner is licensed by the Department of the California Highway Patrol to transport explosives pursuant to Division 14 (commencing with Section 31600), may be equipped with a cargo container used exclusively for the transportation of explosives or munitions-related security material, as specified by the United States Department of Defense.

    Amended Ch. 13, Stats. 1991. Effective February 13, 1991.
    Amended Ch. 88, Stats. 1994. Effective January 1, 1995.


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    Passenger Vehicle
    465 vc. A "passenger vehicle" is any motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233 , and used or maintained for the transportation of persons. The term "passenger vehicle" shall include a housecar.

    Amended Sec. 1, Ch. 1008, Stats. 1999. Effective January 1, 2000.



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