


STOP SIGN TICKET
The stop sign tickets are generally issued by a traffic officer
who is hiding near the intersection with stop sign control.
The intersection could be a T-intersection or a regular four
legged intersection. The evidence for a stop sign ticket is
based on the officer’s observation of the violation and
California Vehicle Code Section 22450.
The standard requirements for the installation of stop signs
at intersections must be followed to prevent unsafe
situations for drivers and pedestrians. If the stop sign is not
properly installed per design standards, then it is likely that
drivers may enter the intersection without properly
stopping at the limit line. This is where detailed knowledge
of stop sign installation guidelines could be vital in beating
a stop sign citation in a trial by written declaration.
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The California Vehicle Code Sections that are relevant to
stop sign traffic tickets are listed below:
SECTIONS 22450-22456
22450. (a) The driver of any vehicle approaching a stop
sign at the entrance to, or within, an intersection shall stop
at a limit line, if marked, otherwise before entering the
crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway.
(b) The driver of a vehicle approaching a stop sign at a
railroad grade crossing shall stop at a limit line, if marked,
otherwise before crossing the first track or entrance to the
railroad grade crossing.
(c) Notwithstanding any other provision of law, a local
authority may adopt rules and regulations by ordinance or
resolution providing for the placement of a stop sign at any
location on a highway under its jurisdiction where the stop
sign would enhance traffic safety.
22451. (a) The driver of any vehicle or pedestrian
approaching a railroad or rail transit grade crossing shall
stop not less than 15 feet from the nearest rail and shall not
proceed until he or she can do so safely, whenever the
following conditions exist:
(1) A clearly visible electric or mechanical signal device or a
flagman gives warning of the approach or passage of a train
or car.
(2) An approaching train or car is plainly visible or is
emitting an audible signal and, by reason of its speed or
nearness, is an immediate hazard.
(b) No driver or pedestrian shall proceed through, around,
or under any railroad or rail transit crossing gate while the
gate is closed.
(c) Whenever a railroad or rail transit crossing is equipped
with an automated enforcement system, a notice of a
violation of this section is subject to the procedures provided
in Section 40518.
22452. (a) Subdivisions (b) and (d) apply to the operation
of the following vehicles:
(1) A bus or farm labor vehicle carrying passengers.
(2) A motor truck transporting employees in addition to
those riding in the cab.
(3) A school bus and a school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4)
of subdivision (c).
(4) A commercial motor vehicle transporting any quantity of
a Division 2.3 chlorine, as classified by Title 49 of the Code
of Federal Regulations.
(5) A commercial motor vehicle that is required to be
marked or placarded in accordance with the regulations of
Title 49 of the Code of Federal Regulations with one of the
following federal classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) A cargo tank motor vehicle, whether loaded or empty,
used for the transportation of any hazardous material, as
defined in Parts 107 to 180, inclusive, of Title 49 of the
Code of Federal Regulations.
(6) A cargo tank motor vehicle transporting a commodity
that at the time of loading has a temperature above its flash
point, as determined under Section 173.120 of Title 49 of
the Code of Federal Regulations.
(7) A cargo tank motor vehicle, whether loaded or empty,
transporting any commodity under exemption in accordance
with Subpart B of Part 107 of Title 49 of the Code of Federal
Regulations.
(b) Before traversing a railroad grade crossing, the driver of
a vehicle described in subdivision (a) shall stop that vehicle
not less than 15 nor more than 50 feet from the nearest rail
of the track and while so stopped shall listen, and look in
both directions along the track, for an approaching train and
for signals indicating the approach of a train, and shall not
proceed until he or she can do so safely. Upon proceeding,
the gears shall not be shifted manually while crossing the
tracks.
(c) The driver of a commercial motor vehicle, other than
those listed in subdivision (a), upon approaching a railroad
grade crossing, shall be driven at a rate of speed that allows
the commercial vehicle to stop before reaching the nearest
rail of that crossing, and shall not be driven upon, or over,
the crossing until due caution is taken to ascertain that the
course is clear.
(d) A stop need not be made at a crossing in the following
circumstances:
(1) Of railroad tracks running along and upon the roadway
within a business or residence district.
(2) Where a traffic officer or an official traffic control signal
directs traffic to proceed.
(3) Where an exempt sign was authorized by the Public
Utilities Commission prior to January 1, 1978.
(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the
Department of Transportation or a local authority pursuant
to Section 22452.5. This paragraph does not apply with
respect to any school bus or to any school pupil activity bus.
22452.5. The Department of Transportation and local
authorities, with respect to highways under their respective
jurisdictions, may place signs at railroad grade crossings
permitting any vehicle described in subdivision (a) of
Section 22452 to traverse such crossings without stopping.
Such signs shall be placed in accordance with criteria
adopted by the Public Utilities Commission. Prior to placing
such signs, the Department of Transportation or local
authority shall consult with the Department of the California
Highway Patrol, railroad corporations involved, and the
operators involved and shall secure the permission of the
Public Utilities Commission if a railroad corporation under
the jurisdiction of the Public Utilities Commission is
affected. Prior to permitting the placement of such signs,
the Public Utilities Commission shall seek the concurrence of
the Department of the California Highway Patrol.
22453. Failure of the driver of a motor vehicle carrying any
passenger for hire to stop as required in Section 22452 shall
not be imputed to any bona fide passenger for hire in such
vehicle.
22454. (a) The driver of any vehicle, upon meeting or
overtaking, from either direction, any school bus equipped
with signs as required in this code, that is stopped for the
purpose of loading or unloading any schoolchildren and
displays a flashing red light signal and stop signal arm, as
defined in paragraph (4) of subdivision (b) of Section 25257,
if equipped with a stop signal arm, visible from front or rear,
shall bring the vehicle to a stop immediately before passing
the school bus and shall not proceed past the school bus
until the flashing red light signal and stop signal arm, if
equipped with a stop signal arm, cease operation.
(b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or
passing a school bus that is upon the other roadway.
(2) For the purposes of this subdivision, a multiple-lane
highway is any highway that has two or more lanes of travel
in each direction.
(c) (1) If a vehicle was observed overtaking a school bus in
violation of subdivision (a), and the driver of the school bus
witnessed the violation, the driver may, within 24 hours,
report the violation and furnish the vehicle license plate
number and description and the time and place of the
violation to the local law enforcement agency having
jurisdiction of the offense. That law enforcement agency
shall issue a letter of warning prepared in accordance with
paragraph (2) with respect to the alleged violation to the
registered owner of the vehicle. The issuance of a warning
letter under this paragraph shall not be entered on the
driving record of the person to whom it is issued, but does
not preclude the imposition of any other applicable penalty.
(2) The Attorney General shall prepare and furnish to every
law enforcement agency in the state a form letter for
purposes of paragraph (1), and the law enforcement agency
may issue those letters in the exact form prepared by the
Attorney General. The Attorney General may charge a fee
to any law enforcement agency that requests a copy of the
form letter to recover the costs of preparing and providing
that copy.
(d) This section also applies to a roadway upon private
property.
22454.5. Notwithstanding Section 42001, a person
convicted of a first violation of Section 22454 shall be
punished by a fine of not less than one hundred fifty dollars
($150) or more than two hundred fifty dollars ($250). A
person convicted of a second separate violation of Section
22454 shall be punished by a fine of not less than five
hundred dollars ($500) or more than one thousand dollars
($1,000). If a person is convicted of a third or subsequent
violation of Section 22454 and the offense occurred within
three years of two or more separate violations of Section
22454, the Department of Motor Vehicles shall suspend the
person's privilege to operate a motor vehicle for one year.
22455. (a) The driver of any commercial vehicle engaged in
vending upon a street may vend products on a street in a
residence district only after bringing the vehicle to a
complete stop and lawfully parked adjacent to the curb,
consistent with the requirements of Chapter 9 (commencing
with Section 22500) and local ordinances adopted pursuant
thereto.
(b) A local authority may, by ordinance or resolution, adopt
additional requirements for the public safety regulating any
type of vending from vehicles upon any street.
22456. (a) This section shall be known and may be cited as
the Destiny Nicole Stout Memorial Act.
(b) The Legislature finds and declares that motor vehicles
engaged in vending ice cream and similar food items in
residential neighborhoods can increase the danger to
children, and it is necessary that these vehicles are clearly
seen and noticed by motorists and pedestrians to protect
public safety.
(c) As used in this section, the term "ice cream truck" means
a motor vehicle engaged in the curbside vending or sale of
frozen or refrigerated desserts, confections, or novelties
commonly known as ice cream, or prepackaged candies,
prepackaged snack foods, or soft drinks, primarily intended
for the sale to children under 12 years of age.
(d) Any ice cream truck shall be equipped at all times, while
engaged in vending in a residential area, with signs
mounted on both the front and the rear and clearly legible
from a distance of 100 feet under daylight conditions,
incorporating the words "WARNING" and "CHILDREN
CROSSING." Each sign shall be at least 12 inches high by 48
inches wide, with letters of a dark color and at least four
inches in height, a one-inch wide solid border, and a sharply
contrasting background.
(e) A person may not vend from an ice cream truck that is
stopped, parked, or standing on any public street, alley, or
highway under any of the following conditions:
(1) On a street, alley, or highway with a posted speed limit
greater than 25 miles per hour.
(2) If the street, alley, or highway is within 100 feet of an
intersection with an opposing highway that has a posted
speed limit greater than 25 miles per hour.
(3) If the vendor does not have an unobstructed view for
200 feet in both directions along the highway and of any
traffic on the highway.


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