A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
Enacted Stats 1959 ch 3. Amended Stats 1975 ch 987 § 3.
ANNOTATIONS
Amendments:
1975 Amendment:
Added "exclusively" after "device moved".
Historical Derivations:
(a) Former Veh C § 31, as enacted Stats 1935 ch 27.
(b) Stats 1923 ch 266 § 2, as amended Stats 1925 ch 240 § 1.
(c) Stats 1915 ch 188 § 1, as amended Stats 1917 ch 218 § 1, Stats 1919 ch 147 § 1.
Cross References:
"Commercial vehicle": Veh C § 260
"Foreign vehicle": Veh C § 330
"Highway": Veh C § 360
"Motor vehicle": Veh C § 415
"Person": Veh C § 470
"Remanufactured vehicle": Veh C § 507.5
Special mobile equipment as vehicle: Veh C § 575
"Specially constructed vehicle": Veh C § 580
"Trolley coach": Veh C § 650
Burglary of vehicle: Pen C § 459
Term "vehicle" with reference to sales and use taxes: Rev & Tax C § 6272
Term "vehicle" with reference to vehicle license fee: Rev & Tax C § 10702
Collateral References:
Witkin Summary (9th ed) Personal Property § 184
Cal Jur 3d (Rev) Criminal Law § 1444
Miller & Starr, Cal Real Estate 3d § 31:1
Law Review Articles:
Mobilehomes: Present regulation and needed reforms. 27 Stan LR 159
What is motor vehicle. 5 UCLA LR 204
Attorney General's Opinions:
Common carrier as within term "vehicle". 7 Ops. Cal. Atty. Gen. 293
Streetcar as within term "vehicle" as used in Pen C § 192. 9 Ops. Cal. Atty. Gen. 106
Aircraft. 12 Ops. Cal. Atty. Gen. 32
Wheel tractor or road tractor as within definition of this section. 42 Ops. Cal. Atty. Gen. 129
Annotations
"Vehicle" or "land vehicle" within meaning of insurance policy provision defining risks covered or excepted. 65 ALR3d 824
NOTES OF DECISIONS
1. In General
From "vehicles" described in former § 2, a special class was excepted by § 8 1/2, with special provisions applicable to them. Armas v Oakland (1933) 135 Cal App 411, 27 P2d 666
Only distinction between terms "vehicle", and "motor-vehicle," as defined by former § 2 and § 3, was that motor vehicle was device self-propelled, while vehicle was device propelled by some force other than by its own, or by human power. Di Guilio v Rice (1937, App Dep't Super Ct) 27 Cal App 2d Supp 775, 70 P2d 717
Definition of "vehicle" in former § 2 was consistent with usual acceptation of word. Di Guilio v Rice (1937, App Dep't Super Ct) 27 Cal App 2d Supp 775, 70 P2d 717
Legislative intent to restrict operation of Vehicle Code solely to vehicles on public highways was not indicated by former §§ 31, 81, 140, 250, 403, 410. Webster v Zevin (1947) 77 Cal App 2d 855, 176 P2d 960
Not all motor vehicles are required to be registered and exemption of motor vehicle from registration does not make it any less motor vehicle or signify its removal from all other applicable sections of Vehicle Code. Travelers Indem. Co. v Colonial Ins. Co. (1966, 1st Dist) 242 Cal App 2d 227, 51 Cal Rptr 724
The provisions of the Vehicle Code defining "vehicle" and "motor vehicle" must be considered a part of every policy of liability insurance, though the policy itself does not specifically make such laws a part thereof. Donahue Constr. Co. v Transport Indem. Co. (1970, 1st Dist) 7 Cal App 3d 291, 86 Cal Rptr 632
2. What Constitutes "Vehicle"
A semitrailer is vehicle. Miller v Berman (1942) 55 Cal App 2d 569, 131 P2d 18
A four-wheel Le Tourneau "scraper or carry-all," designed for automatic pickup and moving of free earth without regard to where the earth may be or whether the purpose be farm, leveling highways, building sites or other industrial uses, is a vehicle within the meaning of this statute. People v Pakchoian (1952, App Dep't Super Ct) 114 Cal App 2d Supp 831, 250 P2d 767
Vehicle Code comprehends those vehicles which may require special safeguards or special permits in order to be legally operated on highways as well as those vehicles which comply with existing statutory limitations, and where bulldozer involved in accident appears to be a "motor vehicle" as matter of law provisions of Vehicle Code pertaining to negligent operation thereof apply. Lambert v Southern Counties Gas Co. (1959) 52 Cal 2d 347, 340 P2d 608
For purposes of classification as a "motor vehicle" under broad definition of Vehicle Code, it is not required that device be one that may legally be "self-propelled on a highway;" hence, it is immaterial that bulldozer involved in accident may have exceeded the limitations regarding weight, size and construction of equipment that may "lawfully" be moved on highway. Lambert v Southern Counties Gas Co. (1959) 52 Cal 2d 347, 340 P2d 608
Fact that bulldozer was being used on private property rather than in construction of public highway at time it punctured gas pipeline does not affect basic definition of a "motor vehicle" for purposes of application of Vehicle Code. Lambert v Southern Counties Gas Co. (1959) 52 Cal 2d 347, 340 P2d 608
A bulldozer, more particularly described in complaint as a "Caterpillar D8 Tractor equipped with a Bulldozer 8S blade attachment and No. 29 Cable Control attachment" constitutes a "device" which "may be propelled, moved, or drawn upon a highway" and is "self-propelled" so as to be a "motor vehicle" within terms of Vehicle Code. Lambert v Southern Counties Gas Co. (1959) 52 Cal 2d 347, 340 P2d 608
The trial court did not err in finding that forklifts were automobiles within the meaning of a forklift lessor's policy where the insurer conceded that its policy covered injuries resulting from the use of automobiles whether liability arose out of operations performed by an independent contractor or on the lessor's premises or ways immediately adjoining and the policy defined an automobile as a land motor vehicle, trailer or semitrailer. Pacific Employers Ins. Co. v American Mut. Liability Ins. Co. (1966) 65 Cal 2d 318, 54 Cal Rptr 385, 419 P2d 641
Former § 142.6 (now § 4013), exempting forklifts from registration, did not show legislative intent to exclude them from definition of motor vehicle, and motor-driven, self-propelled forklift, which was device by which persons or property might be propelled on highway, was vehicle within definition of former §§ 31, 32. Travelers Indem. Co. v Colonial Ins. Co. (1966, 1st Dist) 242 Cal App 2d 227, 51 Cal Rptr 724
The only distinction between a "motor vehicle," as defined in Veh Code, § 415, and a "vehicle," as defined in Veh Code, § 670, appears to be that a motor vehicle is a device self-propelled, while a vehicle is a device propelled by its own force or by some other nonhuman force or power; and under these definitions, a mobil truck-crane was both a "vehicle" and a "motor vehicle," where it was self-propelling and, even while at rest, was also a device that could be propelled, moved, or drawn on a highway. Donahue Constr. Co. v Transport Indem. Co. (1970, 1st Dist) 7 Cal App 3d 291, 86 Cal Rptr 632
A crane was covered as a vehicle under a policy, as amended by its endorsements, where, though the exclusionary clause in the body of the policy limited coverage to use solely for the purpose of locomotion, such provision was superseded by endorsements providing compensation to persons injured as the result of the negligent operation of devices coming under the Vehicle Code definition of "vehicle" and "motor vehicle." Donahue Constr. Co. v Transport Indem. Co. (1970, 1st Dist) 7 Cal App 3d 291, 86 Cal Rptr 632
The mere fact that an automobile is temporarily inoperable does not bring it outside of the definition of "vehicle" in Veh. Code, § 670. Arellano v Moreno (1973, 2nd Dist) 33 Cal App 3d 877, 109 Cal Rptr 421
Inclusion of an agricultural chemical spray rig within the definition of "motor vehicle" under Veh. Code, §§ 415, 670, and 16451, and Ins. Code, § 11580.1, as formerly phrased, did not operate to take spray rigs out of the definition of "automobiles" under a comprehensive liability policy, where the policy was stated not to apply to automobiles and defined automobiles as "land motor vehicles". Cal-Farm Ins. Co. v Fireman's Fund Ins. Co. (1976, 5th Dist) 54 Cal App 3d 708, 126 Cal Rptr 704
3. Things Not Deemed Vehicles
A house being moved in a street on dollies pulled by a truck not a vehicle within Vehicle Act of 1923. Klopper v D. J. & T. Sullivan Co. (1932) 124 Cal App 769, 13 P2d 839
An airplane not a vehicle. Di Guilio v Rice (1937, App Dep't Super Ct) 27 Cal App 2d Supp 775, 70 P2d 717
A two-wheel cart propelled by human power, not a vehicle. Gallardo v Luke (1939) 33 Cal App 2d 230, 91 P2d 211
Streetcar is not a vehicle. Brandenburg v Pacific Gas & Electric Co. (1946) 28 Cal 2d 282, 169 P2d 909
A work train operated on tracks was no "vehicle" within former § 553. Grover v Sharp & Fellows Contracting Co. (1947) 82 Cal App 2d 515, 186 P2d 682
A four-wheel scooter on which a child is propelling himself by his foot while crossing a roadway is not a vehicle under this statute. Jermane v Forfar (1952) 108 Cal App 2d 849, 240 P2d 351
Bicycle is specifically eliminated from definition of vehicle. Tomson v Kischassey (1956, 4th Dist) 144 Cal App 2d 363, 301 P2d 55
Where plaintiff was injured when the pavement of defendant city's paved bike path on which he was riding gave way, the trial court did not err in granting defendant's motion for judgment on the pleadings under Gov C § 831.4. Contrary to plaintiff's assertion, the bike path qualified as a "trail" under the governmental immunity provisions of § 831.4; it was not part of the public streets and highways (as to which immunity would not apply) because it was not open to the public for vehicular travel (Veh C §§ 360, 590), a bicycle not being considered a vehicle (Veh C §§ 231, 670). Moreover, the Legislature intended the immunity under Gov C § 831.4 to apply to a paved trail; the appellate courts have unanimously interpreted the current wording of § 831.4(b) to apply full immunity to any trail, paved or unpaved. Farnham v City of Los Angeles (1998, 2nd Dist) 68 Cal App 4th 1097, 1100, 80 Cal Rptr 2d 720