California driving laws

The rules your permit test asks about, in plain English. Each one is quoted from California’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.

Checked October 2, 2026.

The short version

Phones and texting
Drivers may not hold and operate a phone or other wireless device while driving.
Alcohol and drugs (DUI)
It is illegal to drive with a BAC of 0.08% or more (0.04% in a commercial vehicle or with a paying passenger.
Seat belts and child seats
The driver and every passenger 16 or older must wear a seat belt, and the driver can be ticketed for any unbelted passenger under 16.
School buses
Stop for a school bus with flashing red lights and stop arm, from either direction, and wait until the lights stop.

Phones and texting

Drivers may not hold and operate a phone or other wireless device while driving; use it only hands-free, or mounted and with a single tap or swipe. Drivers under 18 may not use a phone at all, even hands-free, except to call for emergency help.

Official wording (5 sources)
  • “A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
    leginfo.legislature.ca.gov
  • “The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.”
    leginfo.legislature.ca.gov
  • “A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.”
    leginfo.legislature.ca.gov
  • “a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.”
    leginfo.legislature.ca.gov
  • “This section applies to a person under the age of 18 years.”
    leginfo.legislature.ca.gov

Alcohol and drugs (DUI)

It is illegal to drive with a BAC of 0.08% or more (0.04% in a commercial vehicle or with a paying passenger; 0.01% if you are under 21). Refusing a chemical test brings a one-year suspension for a first refusal.

Official wording (7 sources)
  • “It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”
    leginfo.legislature.ca.gov
  • “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.”
    leginfo.legislature.ca.gov
  • “it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”
    leginfo.legislature.ca.gov
  • “If a person refuses the officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612”
    leginfo.legislature.ca.gov
  • “Suspend the person’s privilege to operate a motor vehicle for a period of one year.”
    leginfo.legislature.ca.gov
  • “that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).”
    leginfo.legislature.ca.gov
  • “upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months.”
    leginfo.legislature.ca.gov

Seat belts and child seats

The driver and every passenger 16 or older must wear a seat belt, and the driver can be ticketed for any unbelted passenger under 16. Children under 8 must ride in a car seat or booster in the back seat; children under 2 ride rear-facing.

Official wording (7 sources)
  • “A person shall not operate a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt.”
    leginfo.legislature.ca.gov
  • “A person 16 years of age or over shall not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt.”
    leginfo.legislature.ca.gov
  • “California is a “primary” seat belt law state, and seat belt usage in California is over 90%, compared to a national average of 71%.”
    dmv.ca.gov
  • “a parent, legal guardian, or driver who transports a child under eight years of age on a highway in a motor vehicle, as defined in paragraph (1) of subdivision (c) of Section 27315, shall properly secure that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.”
    leginfo.legislature.ca.gov
  • “shall properly secure the child in a rear-facing child passenger restraint system that meets applicable federal motor vehicle safety standards, unless the child weighs 40 or more pounds or is 40 or more inches tall.”
    leginfo.legislature.ca.gov
  • “a child or ward under eight years of age who is four feet nine inches in height or taller may be properly restrained by a safety belt”
    leginfo.legislature.ca.gov
  • “a child or ward who is eight years of age or older, but less than 16 years of age, without properly securing that child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.”
    leginfo.legislature.ca.gov

Move Over law

When you approach a stopped emergency vehicle, tow truck, highway maintenance vehicle, or any stopped vehicle showing hazard lights, cones or flares, move out of the lane next to it if you safely can. If you cannot, slow to a safe speed.

Official wording (3 sources)
  • “a stationary marked highway maintenance vehicle that is displaying flashing amber warning lights, or any other stationary vehicle displaying flashing hazard lights or another warning device, including, but not limited to, cones, flares, or retroreflective devices, shall approach with due caution”
    leginfo.legislature.ca.gov
  • “If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.”
    leginfo.legislature.ca.gov
  • “A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).”
    leginfo.legislature.ca.gov

School buses

Stop for a school bus with flashing red lights and stop arm, from either direction, and wait until the lights stop. You need not stop if the bus is on the other roadway of a divided highway or a highway with two or more lanes each way.

Official wording (3 sources)
  • “shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.”
    leginfo.legislature.ca.gov
  • “The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway.”
    leginfo.legislature.ca.gov
  • “For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.”
    leginfo.legislature.ca.gov

Speed limits

Where no other limit is posted: 25 mph in business and residence districts and near posted schools when children are present, 15 mph in alleys and at blind intersections and railroad crossings, 55 mph on two-lane undivided highways, and 65 mph on other highways (70 mph where posted).

Official wording (6 sources)
  • “On any highway in any business or residence district unless a different speed is determined by local authority or the Department of Transportation under procedures set forth in this code.”
    leginfo.legislature.ca.gov
  • “When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period.”
    leginfo.legislature.ca.gov
  • “a local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 miles per hour in a school zone.”
    leginfo.legislature.ca.gov
  • “Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.”
    leginfo.legislature.ca.gov
  • “no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed”
    leginfo.legislature.ca.gov
  • “No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.”
    leginfo.legislature.ca.gov

After a crash

Report a crash to DMV within 10 days if anyone is hurt or killed or property damage is over $1,000. If anyone is injured or killed, a written report must also go to the CHP or city police within 24 hours.

Official wording (2 sources)
  • “that has resulted in damage to the property of any one person in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident”
    leginfo.legislature.ca.gov
  • “involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol”
    leginfo.legislature.ca.gov

Insurance

Policies issued or renewed since January 1, 2025 must carry at least $30,000 per person and $60,000 per crash for injury or death, and $15,000 for property damage.

Official wording (3 sources)
  • “for any policy or bond issued or renewed on or after January 1, 2025, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident”
    leginfo.legislature.ca.gov
  • “to a limit of not less than sixty thousand dollars ($60,000) because of bodily injury to or death of two or more persons in any one accident”
    leginfo.legislature.ca.gov
  • “than fifteen thousand dollars ($15,000) because of injury to or destruction of property of others in any one accident.”
    leginfo.legislature.ca.gov

Motorcycle helmets

Every motorcycle rider and passenger must wear a fastened, well-fitting DOT-compliant helmet. State law does not require eye protection, but the handbook strongly recommends it.

Official wording (3 sources)
  • “A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.”
    leginfo.legislature.ca.gov
  • “having a safety helmet meeting the requirements of Section 27802 on the person’s head that is fastened with the helmet straps and that is of a size that fits the wearing person’s head securely”
    leginfo.legislature.ca.gov
  • “compliant motorcycle safety helmet. It is highly suggested you wear: • Face and/or eye protection.”
    dmv.ca.gov

Motorcycle permit rules

You can get a motorcycle instruction permit at 15½. Riders under 21 must first complete the CHP's motorcyclist safety course and hold the permit for six months. Permit holders may not ride after dark, on freeways, or with a passenger.

Official wording (6 sources)
  • “If age 15 years and 6 months or older, but under the age of 18 years, the applicant shall meet all of the following requirements:”
    leginfo.legislature.ca.gov
  • “If 18 years of age or older, but under 21 years of age, the applicant shall meet both of the following requirements: (A) Successfully complete a motorcyclist safety program”
    leginfo.legislature.ca.gov
  • “shall hold an instruction permit issued pursuant to this section for a minimum of six months before being issued a class M1 or M2 license.”
    leginfo.legislature.ca.gov
  • “during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor”
    leginfo.legislature.ca.gov
  • “An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.”
    leginfo.legislature.ca.gov
  • “Upon successful completion of the course, you will be given a Certificate of Completion of Motorcycle Training (DL 389) that may be used to waive the motorcycle skills test at DMV within 12 months of the date of issuance.”
    dmv.ca.gov

Lane splitting

Lane splitting is legal in California: a two-wheeled motorcycle may ride between rows of stopped or moving vehicles in the same lane. Do it only when it is safe.

Official wording (2 sources)
  • ““lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.”
    leginfo.legislature.ca.gov
  • “Whenever possible, give a motorcycle the full lane. It is legal to share lanes with motorcycles, this is known as lane splitting.”
    dmv.ca.gov

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with California Department of Motor Vehicles.

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