CVC 5201(f) & 5201.1(a)

[Dimond]

The California Vehicle Code is pretty specific that license plate shields are not permitted (either to use or to sell); however, there is one vendor that specifically notes for sale a license plate shield with, " ... offset version for California". http://www.radarbusters.com/photo-radar/license-plate-shields/overheadprotectorforcarstrucks.cfm

Is this shield legal to use? to sell? Is there any legal product for protection from overheard red-light photo radar used at intersections?

I am a very cautious driver and never get tickets nor speed; however, I have had unpleasant experiences with Red-Light Photo Radar as follows:
1. Once I stopped quickly to avoid going through on yellow (I knew it was a red light photo intersection) but the person behind me plowed me into the intersection causing significant car damage and worry that I would end up getting a red-light running ticket to boot.
2. Another time someone borrowed my car and ran a red light - but the ticket and paperwork landed in my mailbox (as the person had left the country).
Both circumstances got resolved but it was still quite a hassle - enough that I would buy/use a license plate shield - assuming it did not result in me getting fined for having such a shield. Thanks for any comments you wish to share.

[Bolo4u]

C§ 5201. Positioning of Plates
License plates shall at all times be securely fastened to the vehicle for which they are issued so as to prevent the plates from swinging, shall be mounted in a position so as to be clearly visible, and shall be maintained in a condition so as to be clearly legible. The rear license plate shall be mounted not less than 12 inches nor more than 60 inches from the ground, and the front license plate shall be mounted not more than 60 inches from the ground, except as follows:
(a) The rear license plate on a tow truck may be mounted on the left-hand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground.
(b) The rear license plate on a tank vehicle hauling hazardous waste, as defined in Section 25117 of the Health and Safety Code, or asphalt material may be mounted not less than 12 inches nor more than 90 inches from the ground.
(c) The rear license plate on a truck tractor may be mounted at the rear of the cab of the vehicle, but not less than 12 inches nor more than 90 inches from the ground.
(d) The rear license plate of a vehicle designed by the manufacturer for the collection and transportation of garbage, rubbish, or refuse that is used regularly for the collection and transportation of that material by any person or governmental entity employed to collect, transport, and dispose of garbage, rubbish, or refuse may be mounted not less than 12 inches nor more than 90 inches from the ground.
(e) The rear license plate on a two-axle livestock trailer may be mounted 12 inches or more, but not more than 90 inches, from the ground.
(f) A covering shall not be used on license plates except as follows:
(1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision. Any peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate number, and registration tabs, and the cover is limited to the area directly over the top of the registration tabs. No portion of a license plate security cover shall rest over the license plate number.
(g) A casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified in Sections 44081 and 44081.6 of the Health and Safety Code, shall not be installed on, or affixed to, a vehicle.
(h) (1) It is the intent of the Legislature that an accommodation be made to persons with disabilities and to those persons who regularly transport persons with disabilities, to allow the removal and relocation of wheelchair lifts and wheelchair carriers without the necessity of removing and reattaching the vehicle's rear license plate. Therefore, it is not a violation of this section if the reading or recognition of a rear license plate is obstructed or impaired by a wheelchair lift or wheelchair carrier and all of the following requirements are met:
(A) The owner of the vehicle has been issued a special identification license plate pursuant to Section 5007, or the person using the wheelchair that is carried on the vehicle has been issued a distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and issued by the department, that contains the license plate number assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in a location determined by the department, in consultation with the Department of the California Highway Patrol, so as to be clearly visible to law enforcement.
(2) Notwithstanding any other provision of law, if a decal is displayed pursuant to this subdivision, the requirements of this code that require the illumination of the license plate and the license plate number do not apply. (3) The department shall adopt regulations governing the procedures for accepting and approving applications for decals, and issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.

VC§ 5201.1. Selling Product that Obscures License Plate
(a) A person shall not sell a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate, as prohibited by subdivision (g) of Section 5201.
(b) A conviction for a violation of subdivision (a) is punishable by a fine of two hundred fifty dollars ($250) per item sold.

I cut and pasted the entire verbage of both sections for your reading enjoyment. If you read where 5201 ss(g) specifically states... A casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement... the product about which you seek an opinion is clearly prohibited.

I have no doubt that you would receive an invitation to visit your local judicial complex and spend several hours waiting to explain to a person wearing a black robe why you thought you were not breaking the law. Also, after spending 22.98, plus shipping, then taking a day off work (since most courts are held during the week, during working hours) and risk losing some pay; you could be found guilty, and ordered to involuntarily make a donation to the local government coffers. So all told, feel free to take that chance. However, driving in a safe manner, and obeying all laws is free. :cool:

[Vinnie]

Regardless of whether or not it's legal or illegal to have, they don't work. Mythbusters even busted every kind of frame and spray on the market about a year ago.

So there you go. Laws provided by the DMV, common sense provided by the Discovery Channel.

[Dimond]

Hello Bolo4u & Vinnie, Thank you for responding. I plan to take your advice.

[CHPUSMC]

I confiscated one that would have worked to impair a photo device...of course, I couldn't read the plate either...

Job security

[BoySergeant]

Both circumstances got resolved but it was still quite a hassle - enough that I would buy/use a license plate shield - assuming it did not result in me getting fined for having such a shield. Thanks for any comments you wish to share.

Judging by the title of this thread, you've already done your research and found out it was illegal. This sounds like a "will you write me a ticket for this" question.

I think you have your answer.

Drive safely. :closed: