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California Vehicle Code Section 23113

Legal Research Home > California Lawyer > Vehicle Code > California Vehicle Code Section 23113

(a) Any person who drops, dumps, deposits, places, or
throws, or causes or permits to be dropped, dumped, deposited,
placed, or thrown, upon any highway or street any material described
in Section 23112 or in subdivision (d) of Section 23114 shall
immediately remove the material or cause the material to be removed.

   (b) If the person fails to comply with subdivision (a), the
governmental agency responsible for the maintenance of the street or
highway on which the material has been deposited may remove the
material and collect, by civil action, if necessary, the actual cost
of the removal operation in addition to any other damages authorized
by law from the person made responsible under subdivision (a).
   (c) A member of the Department of the California Highway Patrol
may direct a responsible party to remove the aggregate material
described in subdivision (d) of Section 23114 from a highway when
that material has escaped or been released from a vehicle.
   (d) Notwithstanding any other provision of law, a government
agency described in subdivision (b), the Department of the California
Highway Patrol, or the employees or officers of those agencies, may
not be held liable for any damage to material, to cargo, or to
personal property caused by a negligent act or omission of the
employee or officer when the employee or officer is acting within the
scope and purpose of subdivision (b) or (c).  Nothing in this
subdivision affects liability for purposes of establishing gross
negligence or willful misconduct.  This subdivision applies to the
negligent performance of a ministerial act, and does not affect
liability under any provision of law, including liability, if any,
derived from the failure to preserve evidence in a civil or criminal
action.

Last modified: January 12, 2009