Article 16 - Equipment Testing

California Vehicle Code — §§ 26100-26106

Sections (7)

Amended by Stats. 2010, Ch. 491, Sec. 44. (SB 1318) Effective January 1, 2011.

(a)A person shall not sell or offer for sale for use upon or as part of the equipment of a vehicle any lighting equipment, safety glazing material, or other device that does not meet the provisions of Section 26104.

(b)A person shall not use upon a vehicle, and a person shall not drive a vehicle upon a highway that is equipped with, any

lighting equipment, safety glazing material, or other device that is not in compliance with Section 26104.

(c)This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935.

§ 26101

Amended by Stats. 2010, Ch. 491, Sec. 45. (SB 1318) Effective January 1, 2011.

(a)A person shall not sell or offer for sale for use upon or as part of the equipment of a vehicle any device that is intended to modify the original design or performance of any lighting equipment, safety glazing material, or other device, unless the modifying device meets the provisions of Section 26104.

(b)A person shall not use upon

a vehicle, and a person shall not drive a vehicle upon a highway that has installed a device that is intended to modify the original design or performance of a lighting, safety glazing material, or other device, unless the modifying device complies with Section 26104.

(c)This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935, or to lamps installed on authorized emergency vehicles.

§ 26102

Repealed and added by Stats. 1979, Ch. 723.

In the event any equipment in actual use meets the requirements of this code or a department regulation adopted pursuant to this code, a subsequent regulation shall not require the replacement of the equipment and shall be applicable only to equipment installed after the effective date of the regulation.

§ 26103

Amended by Stats. 2021, Ch. 311, Sec. 7. (SB 814) Effective January 1, 2022.

(a)The department may adopt and enforce regulations establishing standards and specifications for safety belts, safety glazing material, safety helmets, sirens, tire traction devices, bunk stakes, and synthetic binders. The standards and specifications may include installation and aiming requirements.

(b)Notwithstanding rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall adopt regulations for lighting devices permitted

by this code and incorporate by reference the applicable standards published by SAE International for these devices and a corresponding publication date. Notwithstanding the specified publication date, a person may sell or use upon a vehicle a device meeting the requirements of a revised standard.

(c)A federal motor vehicle safety standard adopted pursuant to Chapter 301 (commencing with Section 30101) of Part A of Subtitle VI of Title 49 of the United States Code that covers the same aspect of performance of a device shall prevail over provisions of this code or regulations adopted pursuant to this code. Lamps, devices, and equipment certified

by the manufacturer to meet applicable federal motor vehicle safety standards as original equipment on new vehicles and the identical replacements for those items need not be certified to the department.

§ 26104

Amended by Stats. 1980, Ch. 399, Sec. 8. Effective July 11, 1980.

(a)Every manufacturer who sells, offers for sale, or manufactures for use upon a vehicle devices subject to requirements established by the department shall, before the device is offered for sale, have laboratory test data showing compliance with such requirements. Tests may be conducted by the manufacturer.

(b)The department may at any time request from the manufacturer a copy of the test data showing proof of compliance of any device with the requirements established by the department and additional evidence that due care was exercised

in maintaining compliance during production. If the manufacturer fails to provide such proof of compliance within 30 days of notice from the department, the department may prohibit the sale of the device in this state until acceptable proof of compliance is received by the department.

§ 26105

Repealed and added by Stats. 1979, Ch. 723.

The department may purchase any equipment sold for use on vehicles and test or retest the same as to conformance with the requirements of this code and department regulations adopted pursuant to this code and any expense incurred in such purchase and test shall be a legal charge against the Motor Vehicle Fund.

§ 26106

Repealed and added by Stats. 1979, Ch. 723.

The department may issue a permit for the use of equipment for experimental purposes. The use of such equipment under the permit is not a violation of this code.