Legal Question in Traffic Law in California

Vehicle Violation on private property

I recently received a citation for displaying false tags on my vehicle for the purpose of avoiding paying registration - a misdemeanor in California. Even though the district attorney has run a report on the alleged false tag and found that it does in fact belong to the vehicle I was driving, she is still pursuing this charge. But it gets more absurd. The alleged violation occurred on private property which as section 527(c) of the Vehicle Code clearly states, no provision of the vehicle code is enforceable on private property. I told the DA this (without providing her the citation) and she is still pursuing this charge against me. Am I missing something? Is this malicious prosecution? Please keep in mind that the requisite signs for allowing enforcement of the Vehicle Code on private property are posted nowhere on the property where I was cited, nor was the owner of the private property supportive of the police officer's action taken against me on that property (my vehicle was towed despite the fact that I was 150 miles from home). So basically my question is does anyone have any idea why the DA would not have dropped this charge against me? Does it appear there could be any validity to the charge?


Asked on 10/20/08, 1:09 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Vehicle Violation on private property

My copy of the vehicle code section 527 states that it is for definition only. It does not state that the vehicle code is not applicable on private property.

VEH �527. (a) "Road" means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3; provided, that "road" does not mean any route traversed exclusively by bicycles as defined in Section 39001, motorcycles as defined in Section 400, motor-driven cycles as defined in Section 405, or off-highway motor vehicles as defined in Section 38012.

(b) Even though nature may alter or eliminate portions of an existing vehicle route, the route shall still be considered a road where there is evidence of periodic use.

(c) A vehicle route need not necessarily be a publicly or privately maintained surface to be a road, as defined, for purposes of this section. Nothing contained herein shall pertain to any property in an incorporated area or properties held in private ownership.

(d) This section is definitional only and nothing contained herein shall be deemed to affect, alter, create, or destroy any right, title, or interest in real property, including, but not limited to, any permit, license, or easement; nor shall this chapter be deemed to affect the liability, or lack thereof, of any owner of an interest of real property based upon the use, possession, or ownership of such interest in real property or the entry upon such property by any person.

(e) This section shall only apply in a county where the board of supervisors has adopted a resolution or enacted an ordinance providing for such application.

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Answered on 10/29/08, 2:57 am


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