CHP deploys all-black enforcement vehicles, despite forbiddance in state code
The California Highway Patrol (CHP) is deploying new Specially Marked Patrol Vehicles (SMPVs) throughout the state, designed to keep a low profile. Each of the car bodies is its own uniform color, including silver, grey, maroon, blue, and black.
The purpose of the new SMPVs, all Dodge Durangos, is to blend into traffic and observe reckless driving without being “immediate(ly)” detected by motorists, per a CHP press release issued May 8.
The problem seen by some legal experts? Title 13, section 1141 of the California Code of Regulations (CCR) forbids the CHP from administering vehicles that are fully black.
The code also stipulates that the CHP insignia must be clearly differentiable from the front panel of the car, and legible from a far distance.
The code states:
“Each motor vehicle shall have a distinctive exterior finish, exclusive of wheels and trim, as follows:
“(a) Vehicles Except Motorcycles. Vehicles, except motorcycles, shall be painted:
“(1) Entirely white; or
“(2) White, except that an area not less than and including the front door panels shall be black; or
“(3) Black, except that an area not less than and including the front door panels shall be white; or
“(4) Any other color, with any color front door panels.
“(5) The indicia or name of governmental entity operating the vehicle shall be displayed in sharp contrast to the background on the front door panels and shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of 50 feet.”
Section 1141 of Title 13 is based upon sections 2402 and 40800 of the California Vehicle Code.
Section 2402 grants the CHP commissioner authority to establish rules necessary to carry out the duties of the department.
Section 40800 states the following:
“(a) A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000) shall wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, it shall be a distinctive color specified by the commissioner.
“(b) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle, failure of a person to stop in the event of an accident, violation of Section 23109 or 23109.1, in reference to a felony charge, or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws.”
The CHP maintains that the insignia on the SMPV front panels is legible, in compliance with section 1141. The department also claimed that the SMPVs meet the code’s color requirements.
“The California Highway Patrol is aware of the requirement for agency signage to be in sharp contrast to vehicle colors, as outlined in California Code of Regulations Title 13, Section 1141,” wrote Kelly DeLeon, CHP Information Officer, in an emailed statement to the Corsair.
“To address that,” the statement continued, “the Department specifically designed the lower-profile vehicle graphics to ensure high contrast with door panel colors, maintaining legibility during daylight hours from at least 50 feet.”
“This complies with regulatory requirements and the intent behind California Vehicle Code Section 40800 regarding visibility and distinguishability of enforcement vehicles,” DeLeon wrote.
However, this is not a uniform consensus in the justice system.
“The CHP is violating the California laws, and they’re doing it flagrantly,” said Richard Ewell, public defender for LA County.
“The law is pretty clear on the books. By painting their cars this way, it’s a violation of that law,” he said.
Each of the Durangos is equipped with a HEMI V8 engine and a 360-degree concealed lighting package. They stand out from the rest of the CHP’s fleet, which includes Chevy Tahoes, Ford Explorers, and Dodge Chargers. Dodge stopped producing Chargers in 2023.
Though atypical, the CHP says, the new Durangos are fully functional as patrol cars. And the main focus of the new initiative is “combatting reckless driving,” said CHP Officer Isabel Diaz.
“Typically, when you see a black-and-white patrol vehicle, you start to drive on your best behavior,” Diaz said.
“But when you have these vehicles that aren’t necessarily (detectible), then drivers continue to drive recklessly, and then we can kind of enforce those violations.”
Diaz also confirmed that some of the new vehicles are black.
Contrasting the department’s usual patrol vehicles, the aim of the new SMPVs is to detect and address reckless driving after the fact, rather than prevent it beforehand.
“They will allow us to identify and stop drivers who are putting others at risk, while still showing a professional and visible presence once enforcement action is needed,” CHP Commissioner Sean Duryee said in the press release.
According to the department, the new models have already observed reckless driving incidents and administered penalties. Once flagged, “offenders may face citations, arrest, and their vehicles may be towed or impounded,” CHP wrote on Instagram.
“Most people think the role of police officers is to protect and serve and help people,” Ewell said. “But the announcement that they’re painting these cars to make them more undercover basically seems like their whole purpose is to go after people and make arrests, rather than be there to protect and serve.”
“They’re going after the symptoms, but they’re not going after the causes of why people commit crimes,” Ewell said. “It seems they’re trying to be sneaky and undercover, and only try to bust people and give people tickets and arrest people.”
The CHP maintains disagreement.
“It’s not about sneaky. It’s not about fair or unfair,” Duryee said. “It’s about safety. It’s about saving lives.”
One hundred of these new SMPVs will be distributed throughout the state and fully deployed by the end of June. Every CHP area office with multi-lane freeways in its jurisdiction is to deploy the vehicles.
CHP’s Southern Division, representing all of Los Angeles County, will receive and deploy 13 Durangos, distributed through the region as follows:
Baldwin Park - 2
South Los Angeles - 2
East Los Angeles - 1
Newhall - 2
Antelope Valley - 1
Santa Fe Springs - 1
West Los Angeles - 1
Altadena - 1
West Valley - 1
Central Los Angeles - 1
Duryee describes the coloring of the 100 SMPVs as the manufacturer’s stock paint job. The department, however, purchased four hundred total Durangos this year, to be deployed with additional types of shadings: black and white, and all-white.
In the fiscal year of 2024-25, the CHP operated with a budget of $3.2 billion from the state. The department is projected to receive a similar amount of funding for 2025-26.
The CHP is responsible for enforcing laws related to the operation of vehicles on all highways and roadways in California. Each day, the department receives almost 1,000 calls from citizens reporting reckless driving. The CHP issued close to 18,000 citations last year to drivers travelling over 100 mph.
California’s State Legislature founded the CHP as a branch of the Division of Motor Vehicles in 1929. In 1947, Gov. Earl Warren established CHP as its own department.
The CHP expanded to become the largest state police force in the country, operating about 500 facilities and employing over 11,000 people. At present, the CHP operates under the California State Transportation Agency (CalSTA).
The Corsair communicated with CalSTA inquiring how the CHP is regulated, specifically in its following of the CCR and Title 13. CalSTA referred the Corsair back to the CHP itself.
California’s Office of Administrative Law (OAL) reviews and approves the CCR, which includes Title 13. In response to inquiries about how the code is enforced, the OAL also referred the Corsair back to the CHP.
Rob Bonta, California’s attorney general, enforces state laws and oversees law enforcement agencies. When asked how the CCR is enforced, Bonta’s office referred the Corsair to CalSTA, who defer to CHP.
In addition, the CHP is voluntarily accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). The commission did not immediately reply to the Corsair’s inquiries.
“We don’t have much people (who can) go after the CHP to hold them accountable,” Ewell said.
“It’s kind of like the government regulating itself,” he said. “It gives itself a pass, most of the time.”
The Corsair additionally asked the CHP Director of Communications about what agency enforces Title 13. The director did not respond by the time of publication.
Per the state Penal Code section 148.6, the CHP offers an online Commend or Complain Form for civilians to report officer misconduct as well as submit general complaints.
“Our goal remains the same: reduce injuries, prevent fatalities, and restore a sense of safety on California’s roadways. We urge all drivers to obey speed limits, avoid aggressive behavior, and share the road responsibly,” Duryee said.
“Speed isn’t a thrill—it’s a threat. And the CHP is responding.”