CA: Vehicle Code Enforcement on Private Property

What is the name of your state? CA

I'm trying to find somewhere in the California Vehicle Code where it states that police officers can or can not enforce the vehicle code on private property (open to the public) and to what extent. I know they can enforce handicap parking and serious traffic offenses like wreckless driving, but where does it say that?

I'm also curious to know what you think about law enforcement driving through a parking lot of parked vehicles and citing a vehicle for an equipment violation - specifically, a vehicle that has been parked for quite some time and the officer would be unaware of whether or not the vehicle had or was even capable of being driven on the road.

mxracer95 said:

What is the name of your state? CA

I'm trying to find somewhere in the California Vehicle Code where it states that police officers can or can not enforce the vehicle code on private property (open to the public) and to what extent. I know they can enforce handicap parking and serious traffic offenses like wreckless driving, but where does it say that?

I'm also curious to know what you think about law enforcement driving through a parking lot of parked vehicles and citing a vehicle for an equipment violation - specifically, a vehicle that has been parked for quite some time and the officer would be unaware of whether or not the vehicle had or was even capable of being driven on the road.

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What, exactly, are you trying to see if they can enforce? Some sections of the Vehicle Code spell out where they can be enforced.

Handicapped parking enforcement is in a few places ... CVC 22511 and beyond, and reckless driving is in 23103.

And many parking lots are considered "offstreet parking facilities" and many aspects of the vehicle code - including registration - MAY be enforced there. They cannot do that on your driveway, but in a parking lot open to the use of the general public, or managed by a government agency (city parking lot, for instance) many aspects of the CVC CAN be enforced.

- Carl

Specifically, minor equipment violations such as a broken tail light, a bent or damaged license plate... that kind of thing.

If you're out holiday shopping at a mall and return to your car to find a police officer waiting for you to write you a ticket for a minor equipment violation like I mentioned above, can they do that? And where in the VC does it say they can or can not do that?

mxracer95 said:

Specifically, minor equipment violations such as a broken tail light, a bent or damaged license plate... that kind of thing.

If you're out holiday shopping at a mall and return to your car to find a police officer waiting for you to write you a ticket for a minor equipment violation like I mentioned above, can they do that? And where in the VC does it say they can or can not do that?

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Well ... for expired registration, you find where registration can be enforced under that particular section - CVC 4000(a) ...

"(1) No person shall drive, move, or leave standing upon a
highway, or in an offstreet public parking facility ...,"

A parking lot at the local mall is an "offstreet parking facility"

Each section will have a qualifier as to where it can be enforced. For instance, DUI can be enforced anywhere in the state - public or private property ... your backyard or the public street. Others, like registration, can be enforced only on the public highways or parking lots that qualify as "offstreet parking facilities".

- Carl

Thanks Carl. So far I'm aware of everything you've said and have found the sections of the VC that permit enforcement of the codes you've stated. But, what about minor equipment violations like those I mentioned? A legally parked, currently registered vehicle that appears to be in good working condition, not violating any parking regulations. Can an officer arbitrarily walk through an offstreet public parking facility and cite the owner for, let's say, a broken tail light?

Since it doesn't specifically say in the VC that they can, as it does for the other VC's you mentioned, I would assume that they can not.

I notice that you're an officer yourself, so I greatly appreciate your input on this and taking the time to answer my questions.

mxracer95 said:

Thanks Carl. So far I'm aware of everything you've said and have found the sections of the VC that permit enforcement of the codes you've stated. But, what about minor equipment violations like those I mentioned? A legally parked, currently registered vehicle that appears to be in good working condition, not violating any parking regulations. Can an officer arbitrarily walk through an offstreet public parking facility and cite the owner for, let's say, a broken tail light?

Since it doesn't specifically say in the VC that they can, as it does for the other VC's you mentioned, I would assume that they can not.

I notice that you're an officer yourself, so I greatly appreciate your input on this and taking the time to answer my questions.

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It really depends on the section that is written. Without knowing what the section is, I can't say whether it was properly written or not. There are thousands of code sections and for any broken light there may be three or four possible sections to write.

In theory, they can cite for broken equipment ... but, it really depends.

And most the equipment sections state that the equipment will be working at all times. The default assumption has always been that these can be enforced on the streets and roadways as well as the offstreet parking facilities. It would not make sense to enforce them on private property because if we could, I could go in to any wrecking yard and write a thousand citations. But, since the vehicle is not operating out in public, it would be silly.

Bottom line, if you get a cite and want to challenge it, do so. But its impossible to give a good answer to "what if" questions because there are just too many variables that can be involved.

I cite for expired reg. and even tow cars from shopping center parking lots, but I don't cite for busted taillights unless I see them in operation. That doesn't mean I can't, it just means that I don't. But, even when I worked in a city with multitudes of shopping meccas, I didn't spend time writing equipment violations in parking lots for the simple fact that it was a waste of time and I was too busy.

- Carl