When would YOU use 24004 VC?

[Nick]

Well? Does it have to be accompanied by a cite for 24002 VC, or is it officer discretion?

Is there any case law regarding when an officer can/can't use it?

[Junkie]

24004. No person shall operate any vehicle or combination of vehicles after notice by a peace officer, as defined in Section 830.1 or subdivision (a) of Section 830.2 of the Penal Code, that the vehicle is in an unsafe condition or is not equipped as required by this code, except as may be necessary to return the vehicle or combination of vehicles to the residence or place of business of the owner or driver or to a garage, until the vehicle and its equipment have been made to conform with the requirements of this code.unless the LEO warned the person before, there was no notice.

[}Dragon{]

Nick- It's been a while, but IIRC we'd cite, and note on the cite "warned 24004 cvc- unsafe veh" in cases with multiple unsafe violations. There also may be a standard CHP form, and some agencies still issue written warnings.

All you have to articulate is that the party has received a citation or warning by a Peace Officer, that they did not comply to fix the hazardous violation and they are not heading home or to a garage.

As far as current case law- I have no idea... :dunno

[nicholonious]

24004. No person shall operate any vehicle or combination of
vehicles after notice by a peace officer, as defined in Section 830.1
or subdivision (a) of Section 830.2 of the Penal Code, that the
vehicle is in an unsafe condition or is not equipped as required by
this code, except as may be necessary to return the vehicle or
combination of vehicles to the residence or place of business of the
owner or driver or to a garage, until the vehicle and its equipment
have been made to conform with the requirements of this code.
The provisions of this section shall not apply to an employee who
does not know that such notice has been issued, and in such event the
provisions of Section 40001 shall be applicable.

Questions...

Does the person (employee) know the notice has been issued?
What is the definition for PC 830.1 or PC 830.2?
In what situation/scenarios would this relate to? Did this section to apply to one of your recent stops?

I've never encountered this VC yet so I'm just referencing a few points.

-N

[Nick]

I understand the section. What I'm wondering is... when does one feel the need to advise the driver/RO of the vehicle?

[nicholonious]

I understand the section. What I'm wondering is... when does one feel the need to advise the driver/RO of the vehicle?

I'm on traffic week with some of the veteran officers, one has a good 20 years in that division. I'll see if I can get some good feedback from them and let you know.

-N

[Nick]

I'm on traffic week with some of the veteran officers, one has a good 20 years in that division. I'll see if I can get some good feedback from them and let you know.

-N

Cool.

I've got some handouts from my Traffic Enforcement LD, and for 27151 VC, Modified Exhaust, it says "Write on cite - Advised 24004 VC" in parentheses. I'm just wondering if there are specific regulations for when you can use it.

[RolnCode3]

MM4L has given numerous examples here. I think silversvs has also provided some.

[motorman4life]

Try these threads.... all have commentary on 24004 CVC and it's application.

http://www.bayarearidersforum.com/forums/search.php?searchid=378327

Essentially, if I can show or provide information to show you have been warned or cited for an equipment violation and you are continuing to operate without being in compliance (for the specific violation you were previously warned or cited for), then I can cite you for 24004 CVC and you can leave from there to your residence or a replair facility to make the correction.

I can run any plate in my county and get past stops and cites, who was cited, who issed the cite/warning, when and what it was for. If you, on the other hand, whip out a "fix it" ticket that you received previously, thinking it will get you off.. it is a gamble. Many officers will give you a walk on another fix-it ticket if you have one. Some will use the cite as evidence in a 24004 CVC cite.

It is a 1 point moving violation, BTW.

[Nick]

I can run any plate in my county and get past stops and cites, who was cited, who issed the cite/warning, when and what it was for. If you, on the other hand, whip out a "fix it" ticket that you received previously, thinking it will get you off.. it is a gamble. Many officers will give you a walk on another fix-it ticket if you have one. Some will use the cite as evidence in a 24004 CVC cite.

It is a 1 point moving violation, BTW.

Even if it's before the appearance/correction date?

And to follow up...

If you pull over a vehicle and find out they are operating in violation of 24004 VC, what is next? Just another cite? Tow? Other?

[motorman4life]

Even if it's before the appearance/correction date?

And to follow up...

If you pull over a vehicle and find out they are operating in violation of 24004 VC, what is next? Just another cite? Tow? Other?

Yes, even before the appearance date.. which is NOT a correction date, BTW.

Just because you have been cited for an equipment violation does not mean it is safe or lawful to continue to operate that vehicle in a non-compliant fashion. An example is a broken windshield or tail lamps inoperative or brake lamps inoperable or bald tires.. all of these present a variety of hazards if they are not addressed immediately. You could get it off the road and wait until the last minute or you could get it fixed and get the proof of correction validated at the last minute, but it is not okay (or lawful) to continue to operate in violation, particularly after you have been given adequate notice from a peace officer of the fact that it is non-compliant.

As for your other question, say I pull over a vehicle with an unlawfully tinted windshield. They provide a prior fix-it ticket. say, from 3 days previous. I would cite them for 24004 CVC and instruct them to either 1) park the vehicle or 2) I would follow them or instruct them to drive directly to their residence or a repair facility or 3) remove the tint (assuming it is a tint film) or make the correction on scene, if possible or 4) have them arrange for their own tow to take the vehicle from the scene.

If I find them operating in violation again, I would likely cite them for another violation of 24004 CVC (another point). If I have a valid CVC authority section for impound, I would impound at that time. I have done that a few times, always when it presented a safety hazard and there was persistant neglect on the part of the driver/owner. One that stands out in my mind was a case where the fuel tank was leaking profusely, another was a trailer with a broken axle.