If you or someone that you know were recently pulled over and charged with failure to comply with the authorities while using a commercial vehicle under CA Vehicle code 34506, you may still have legal options.
A commercial vehicle is defined as any vehicle that is primarily used for business or commercial purposes. These specialized vehicles must adhere to industry-specific regulations and standards, like CA Vehicle Code 34506, that differ from standard passenger cars. If caught disobeying these regulations, our Los Angeles DUI lawyers may be able to help.
With over 19 years of legal experience, we share what this vehicle code means, what its penalties are, and potential defenses that may be used to have your charges dropped or cleared.
Overview of California Vehicle Codes
Unfamiliar with California vehicle codes? The California Highway Patrol (CHP) enforces rules that encourage safety through necessary rules and regulations of the California Vehicle Code. These rules were created by the California Office of Administrative Law and can be found primarily in the California Code of Regulations, Title 13.
CA Vehicle Code 34506 states that a commercial vehicle driver can be deemed as failing to comply with any rules enforced by CHP in regards to the following:
- Obeying the designated amount of hours you are allowed to drive as a commercial driver
- Transporting hazardous material
- The construction, color, equipment, design, operation, or maintenance of a school bus
- The equipment, maintenance, or operation of a youth bus, tour bus, or any vehicle described in Section 34500.
State Penalties for Disobeying CA Vehicle Code 34506
The penalties for violations of CA Vehicle Code 34506 are decidedly unforgiving. Offenders face misdemeanor criminal charges, with a fine of up to $1,000 and the potential for jail time of up to six months. And the fiscal impact can be substantial due to court-imposed fines hanging in the balance.
Beyond the immediate legal repercussions, a conviction under CA Vehicle Code 34506 – failing to comply with CHP by a commercial vehicle can have devastating long-term impacts, potentially putting your business licenses at risk and even compromising your company’s ability to operate within the state of California.
Legal Defenses to Use Against Violation Charges for Vehicle Code 34506 in California
According to the strength or weakness of your case, the following defenses can be tailored for use to fight violation charges:
- Lack of Intent: We can argue that you did not have the intention of failing to comply. We can present evidence to show that you were not aware of the licensing requirement or mistakenly believed you were in compliance.
- Invalid Traffic Stop: We can challenge the validity of the traffic stop that led to the discovery of the alleged violation. We can argue that the stop was conducted without reasonable suspicion or probable cause, which would violate your Fourth Amendment rights.
- Equipment Malfunction: We can argue that the violation of Vehicle Code 34506 was due to an unforeseen equipment malfunction. If we can provide evidence that the non-compliance was a result of a mechanical failure or defect that was beyond your control, it may be a valid defense.
- Necessity Defense: In certain circumstances, we can state that the violation of Vehicle Code 34506 was necessary to prevent a more significant accident or emergency situation and present evidence to support the claim that the violation was necessary to prevent harm or protect the public.
- Violation of Rights: We can argue that your constitutional rights were violated during the investigation or arrest. We can challenge the admissibility of evidence obtained through illegal search and seizure or argue that your Miranda rights were not properly read.
- Compliance with Equivalent Safety Measures: It’s possible to argue that even though a defendant did not strictly adhere to the specific requirements of Vehicle Code 34506, an alternative safety measure was implemented that provided an equivalent level of safety.
How to Avoid Penalties for CA Vehicle Code 34506
To mitigate the risk of punishment for not complying with CHP in a commercial vehicle in regards to CA Vehicle Code 34506, commercial fleet operators must take a proactive, multilayered approach to compliance. This begins with a thorough, ongoing review of all applicable CHP regulations to ensure comprehensive understanding, such as:
- Regular employee training is essential, empowering drivers and maintenance crews to recognize and address any potential infractions.
- Meticulous documentation is also key, maintaining detailed records of driver hours, vehicle inspections, and any other data relevant to VC 34506 compliance. This provides an essential paper trail, allowing businesses to quickly address any regulatory inquiries or enforcement actions.
- Investing in advanced fleet management technologies can further bolster compliance efforts. Automated systems can track driver hours, monitor vehicle diagnostics, and generate real-time alerts of any issues – enabling swift remediation before problems escalate.
Safeguard your company’s hard-earned reputation and long-term viability within the state by connecting with a defense attorney if needed to discuss additional compliance ideas.
What Constitutes Non-Compliance with CA Vehicle Code 34506?
To help you understand what failure to comply under CA Vehicle Code 34506 looks like, consider the following example:
Example One
Individual A operates a school bus within the state of California.
In accordance with the regulations established by the CHP, there are specific precautions and warning signs that must be present in the bus. However, Individual A consciously chooses to disregard these guidelines, believing that they are unnecessary.
Subsequently, while being stopped by a police officer for a traffic violation, it becomes evident that the school bus operated by Individual A does not comply with the CHP rules. As a result, Individual A may face charges under California Vehicle Code 34506 for non-compliance with the specified regulations pertaining to school bus equipment and safety measures.
Example Two
Individual B possesses knowledge of the maximum number of hours permitted for driving a truck within a given day. Despite being aware of this time limit, Individual B surpasses the prescribed duration as they are determined to complete their final delivery. Unfortunately, due to fatigue-induced drowsiness, Individual B ends up colliding with another vehicle.
Apart from potential criminal charges stemming from the accident, Individual B could also be convicted of failure to adhere to the CHP rules regarding driving duration, as outlined in the applicable regulations.
Are There Any Additional Requirements for Commercial Vehicles in California?
Commercial drivers operating within the state of California are subject to a set of additional regulations that they must adhere to. These regulations encompass various aspects and are encompassed by the following sections of the California Vehicle Code:
- California Vehicle Code Section 21702: This regulation establishes driving hour limits specifically applicable to bus and truck drivers. It defines the maximum duration of time that commercial drivers are permitted to operate their vehicles within a given period.
- California Vehicle Code Section 23152(d): This section pertains to the operation of a commercial vehicle while under the influence of alcohol. It specifies that the legal blood alcohol content (BAC) limit for commercial drivers is set at 0.04% or higher, which, according to California DUI laws, is lower than the limit for non-commercial drivers.
- California Vehicle Code Section 35551: This section addresses the issue of overweight vehicles. It outlines the regulations and restrictions regarding the maximum weight limits that commercial vehicles are allowed to carry, aiming to ensure road safety and prevent excessive strain on the infrastructure.
Our Los Angeles DUI attorneys can help if you’ve been charged with a commercial vehicle DUI. Our legal team has a comprehensive portfolio of DUI strategies that could help you in the long run.
What Are the Penalties for Driving Under the Influence in a Commercial Vehicle in California?
If found guilty of violating VC 23152(d), the court may impose the following penalties:
- Up to one year of imprisonment in a county jail.
- Fines ranging from $390 to $1,000.
- Completion of a court-ordered California DUI school program lasting between three to 36 months.
- A one-year suspension of the commercial driver’s license by the Department of Motor Vehicles
What Are the Penalties for Driving an Overweight Commercial Vehicle in California?
In most cases, driving an overweight vehicle is classified as a misdemeanor offense. The potential penalties for this crime include:
- Up to six months of incarceration in a county jail.
- A maximum fine of $1,000.
What Are the Penalties for Operating a Commercial Vehicle Past Driving Hour Limits in California?
Vehicle Code 21702 makes it a misdemeanor for bus and truck drivers to exceed the maximum number of consecutive hours or total hours driven in a single day. A driver who violates this section may face a fine ranging from $100 to $1,000.
Contact Us for a Free Legal Consultation
In the constantly shifting regulatory landscape governing commercial vehicles in California, having a legal partner with deep subject matter knowledge is essential. Our team closely monitors changes to CA Vehicle Code 34506 and related statutes, ensuring our clients remain firmly ahead of the compliance curve.
For fleet managers and business owners, ensuring meticulous adherence to CA Vehicle Code 34506 – Failing to Comply With CHP by a Commercial Vehicle is imperative. Contact us today if you need help protecting your business.
