California Codes
Cal. Vehicle Code § 305 (2026)
✓ current as of May 2026
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A “driver” is a person who drives or is in actual physical control of a vehicle. The term “driver” does not include the tillerman or other person who, in an auxiliary capacity, assists the driver in the steering or operation of any articulated firefighting apparatus.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1988–2022 · leading case: State Farm Mut. Auto. Ins. v. Haight, 205 Cal. App. 3d 223 (Cal. Ct. App. 1988).
State Farm Mut. Auto. Ins. v. Haight, 205 Cal. App. 3d 223 (Cal. Ct. App. 1988). “State Farm points to the definition of a driver as found in Vehicle Code section 305 and asserts this section should be used to determine if Wenz was "a driver hired to drive.”
Halajian v. D & B Towing, 209 Cal. App. 4th 1 (Cal. Ct. App. 2012). “” Vehicle Code section 305 defines “driver” as “a person who drives or is in actual physical control of a vehicle.”
LOHARSINGH v. City & Cnty. of San Francisco, 696 F. Supp. 2d 1080 (N.D. Cal. 2010). “” Cal. Vehicle Code § 305 (emphasis added).”
Moore v. City of Oakland, 242 F. Supp. 3d 891 (N.D. Cal. 2017). “While the cases on which he relies hold that observations of an individual in the driver’s seat of a parked car are enough to find probable cause that the person had been driving because the state vehicle code defines “driver” broadly to include “a person who drives or is in…”
People v. Morrison CA3 (Cal. Ct. App. 2022). “[¶] A person drives a vehicle when he or she intentionally causes it to move by exercising actual physical control over it.”
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