Specified Sign, Signal, or Traffic Control Device Violations can be Tricky
If you have received a traffic ticket under California Vehicle Code 38300, you might want to take a closer look at it before you pay the fine.
California Vehicle Code 38300 states, “It is unlawful for the driver of any vehicle to disobey any sign, signal, or traffic control device placed or maintained pursuant to Section 38280.”
Well now, that just begs the question, “What is Section 38280?” That’s a pretty good question.
CVC 38280 refers to Federal, State, and Local Authority, and states, “Federal, state, or local authorities having jurisdiction over public lands may place or cause to be placed and maintained, such appropriate signs, signals, and other traffic control devices as may be necessary to properly indicate and carry out any provision of law or any duly adopted regulation of such governmental authority or to warn or guide traffic.”
This vehicle code designates authority to the federal, state and local authorities to place traffic control devices where they see fit. The corresponding vehicle code that we are dealing with here, CVC 38300, dictates that drivers must follow these signs. Cities and states need this authority in order to control traffic flow as it is a crucial aspect of public safety.
Although this seems fairly cut and dry, there are a number of signs that fall under this jurisdiction. They need to be properly placed and meet certain regulations.
Some signs and signals that fall under CVC 38300 include:
- Pedestrian crossing
- Speed limit
- Do not enter
- Turn Restrictions
- Railroad Crossing
- School Zone
One key aspect of this vehicle code that may go unnoticed is that the sign needs to be placed by the proper authority. Private businesses may put up signs to attempt to regulate traffic around their businesses, but they do not constitute official traffic signs or traffic control devices as defined by the California Vehicle Code.
Consequences to CVC 38300
If you are cited for failing to obey a sign, you will face a minimum fine of $237, depending on your driving record.
Did you receive a violation for this vehicle code? Our team may be able to assist. Reach out to learn more about your citation and what options you have. You can also submit your ticket for a free review.