11200-11222
VEHICLE CODE
SECTION 11200-11222
11200. (a) The department shall license schools for traffic
violators for purposes of Section 41501 or 42005 and to provide
traffic safety instruction to other persons who elect to attend. A
person may not own or operate a traffic violator school or, except as
provided in Section 11206, give instruction for compensation in a
traffic violator school without a currently valid license issued by
the department.
(b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:
"Course content is limited to traffic violator curricula approved
by the Department of Motor Vehicles. Students in the classroom
include traffic offenders, repeat traffic offenders, adults, and
teenagers, and those who have and those who have not been referred by
a court. Instructor training, business regulatory standards, and
Vehicle Code requirements of traffic violator schools are not equal
to the training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code Section 11200(b)(1))."
(2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
disclosure statement.
(3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
(c) New and modified departmental regulations necessitated by this
chapter shall be adopted and operative no later than September 1,
2011.
(d) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012, deletes
or extends the dates on which it becomes inoperative and is
repealed.
11200. (a) The department shall license schools for traffic
violators for purposes of Section 41501 or 42005 and to provide
traffic safety instruction to other persons who elect to attend. A
person may not own or operate a traffic violator school or, except as
provided in Section 11206, give instruction for compensation in a
traffic violator school without a currently valid license issued by
the department.
(b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:
"Course content is limited to traffic violator curricula approved
by the Department of Motor Vehicles. Students in the classroom
include traffic offenders, repeat traffic offenders, adults, and
teenagers, and those who have and those who have not been referred by
a court. Instructor training, business regulatory standards, and
Vehicle Code requirements of traffic violator schools are not equal
to the training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code Section 11200(b)(1))."
(2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
disclosure statement.
(3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
(c) New and modified departmental regulations necessitated by this
section shall be adopted and effective no later than September 1,
2011.
(d) A licensed traffic violator school shall notify the court by
posting on the department's Web-based database established pursuant
to subdivision (b) of Section 11205 information regarding successful
course completions.
(e) A licensed traffic violator school shall give every person who
attends the school for purposes of Sections 41501 or 42005, upon
successful completion of the lesson plan and passage of the
postlesson knowledge test, a receipt indicating successful
completion. The receipt shall include contact information, including
the name of the traffic violator school, address of the school's
business location, name of the course instructor if classroom-based,
telephone number, e-mail address if appropriate, hours of operation,
and any other information that may be used to confirm course
completion.
(f) This section shall become operative on September 1, 2011.
11202. (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
(1) Maintain an established place of business in this state which
is open to the public. No office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, may be situated within 500 feet of any court of
law, unless the owner was established at the location on or before
July 1, 1984.
(2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs which may reasonably
foster the knowledge, skills, and judgment necessary for compliance
with traffic laws. The standards may include, but are not limited to,
school personnel, equipment, curriculum, procedures for the testing
and evaluation of students, recordkeeping, and business practices.
(3) Procure and file with the department a bond of two thousand
dollars ($2,000) executed by an admitted surety and conditioned upon
the applicant not practicing any fraud or making any fraudulent
representation which will cause a monetary loss to a person taking
instruction from the applicant or to the state or any local
authority.
(4) Have a classroom approved by the department and the proper
equipment necessary for giving instruction to traffic violators.
(5) Have a course approved by the department and provide not less
than the minimum instructional time specified in the course. An
approved course shall provide a minimum of 400 minutes of
instruction, except that a course for instructing persons under the
age of 18 may provide a minimum of 600 minutes of instruction.
(6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of any claim for damages suffered
by any person by the applicant's violation of any provision of this
code committed in relation to the specifications of the applicant's
traffic violator school or any condition of the bond required by
paragraph (3).
(B) The applicant shall stipulate in the instrument that any
process directed to the applicant, when personal service cannot be
made in this state after due diligence, may be served instead upon
the director or, in the director's absence from the department's
principal offices, upon any employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or any condition of the bond.
(C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
(D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
(E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint is, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
(F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
(G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
(7) Meet the requirements of Section 11202.5 and subdivision (b)
of Section 11208, relating to traffic violator school operators, if
the owner is also the operator of the traffic violator school. If the
owner is not the operator of the traffic violator school, the owner
shall designate an operator who shall meet the requirements of
Section 11202.5.
(8) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
(b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee is required.
(c) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
(d) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
(e) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location stating that
any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time provided by subdivision (a) may be
guilty of violating Section 134 of the Penal Code.
(f) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by March 1, 2012. A court shall not approve a traffic
violator school program after July 1, 2011.
(1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision.
(2) The department shall approve or deny all completed
applications filed pursuant to this subdivision no later than
December 31, 2012.
(3) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.
(4) New and revised departmental regulations necessitated by this
section shall be adopted and effective no later than September 1,
2011.
(g) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
11202. (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
(1) Maintain an established place of business in this state that
is open to the public. An office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, shall not be situated within 500 feet of any
court of law.
(2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs that may reasonably foster
the knowledge, skills, and judgment necessary for compliance with
traffic laws. The department shall establish standards for each
instructional modality, which may include requirements specific to
each modality. The standards may include, but are not limited to,
classroom facilities, school personnel, equipment, curriculum,
procedures for the testing and evaluation of students, recordkeeping,
and business practices.
(3) Procure and file with the department a bond of fifteen
thousand dollars ($15,000) for home study schools and two thousand
dollars ($2,000) for classroom-based schools executed by an admitted
surety and conditioned upon the applicant not practicing fraud or
making a fraudulent representation that will cause a monetary loss to
a person taking instruction from the applicant or to the state or
any local authority.
(4) Have the proper equipment necessary for giving instruction to
traffic violators.
(5) Have a lesson plan approved by the department, except as
provided for in paragraph (2) of subdivision (c), and provide not
less than the minimum instructional time specified in the approved
plan. The approved plan shall include a postlesson knowledge test.
The lesson plan for each instructional modality shall require
separate approval by the department.
(6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of a claim for damages suffered by
a person by the applicant's violation of a provision of this code
committed in relation to the specifications of the applicant's
traffic violator school or a condition of the bond required by
paragraph (3).
(B) The applicant shall stipulate in the instrument that a process
directed to the applicant, when personal service cannot be made in
this state after due diligence, may be served instead upon the
director or, in the director's absence from the department's
principal offices, upon an employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or a condition of the bond.
(C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
(D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
(E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint are, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
(F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
(G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
(7) (A) Meet the requirements of Section 11202.5, relating to
traffic violator school operators, if the owner is also the operator
of the traffic violator school. If the owner is not the operator of
the traffic violator school, the owner shall designate an employee as
operator who shall meet the requirements of Section 11202.5.
(B) A person may be an operator for more than one traffic school
if (i) the schools have a common owner or owners and (ii) the schools
share a single established business address.
(C) A traffic violator school with multiple branch locations may
designate a separate operator for each location, but shall designate
one of the operators as the primary contact for the department.
(8) Have an instructor who meets the requirements of Section
11206. An owner who is designated as the operator for the school is
authorized to act as an instructor without meeting the requirements
of Section 11206. The owner license may also include authorization to
act as an instructor if the owner is not designated as the operator
but meets the requirements of Section 11206. The owner license shall
specify if the owner is authorized to offer instruction. If the owner
is not approved to act as an instructor, the school must employ an
instructor licensed pursuant to Section 11206.
(9) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
(b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee are required.
(c) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by March 1, 2012. A court shall not approve a traffic
violator school program after July 1, 2011.
(1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision.
(2) The department shall approve or deny all completed
applications filed pursuant to this subdivision no later than
December 31, 2012.
(3) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.
(d) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
(e) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
(f) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location, and
prominently displayed on a home study or Internet program, stating
that any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time may be guilty of violating Section
134 of the Penal Code.
(g) This section shall become operative on September 1, 2011.
11202.5. (a) The department shall license traffic violator school
operators. A person shall not act as a traffic violator school
operator without a currently valid license issued by the department,
unless the person is an owner/operator and is so designated on the
owner's license. Every person, in order to qualify as a traffic
violator school operator, shall meet all of the following criteria in
order to be issued a traffic violator school operator's license:
(1) Have not committed any act which, if the applicant were
licensed as a traffic violator school operator, would be grounds for
suspension or revocation of the license.
(2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, traffic violator school
statutes and regulations, and office procedures and recordkeeping.
(3) Be 21 years of age or older.
(4) Have successfully completed an educational program of not less
than four hours. The program shall include, but is not limited to,
operator responsibilities, current laws, and the regulations in
Article 4 of Title 13 of the California Code of Regulations. The
instruction may be provided by generally accredited educational
institutions, private vocational schools, and education programs and
seminars offered by professional societies, organizations, trade
associations, and other educational and technical programs that meet
the requirements of this section.
(5) Provide a certification from the owner that the applicant has
the knowledge necessary to perform the duties of the operator.
(b) All the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the required fee.
11203. In lieu of the bond otherwise required by paragraph (3) of
subdivision (a) of Section 11202, the applicant may make a deposit
pursuant to Article 7 (commencing with Section 995.710) of Chapter 2
of Title 14 of Part 2 of the Code of Civil Procedure. The director
may order the deposit returned at the expiration of three years from
the date a traffic violator school licensee has ceased to do
business, or three years from the date a licensee has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A superior court may, upon petition,
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the court that there are no
outstanding claims against the deposit. If either the director,
department, or state is a defendant in any civil action instituted to
recover all or any part of the deposit, or any civil action is
instituted by the director, department, or state to determine those
entitled to any part of the deposit, the director, department, or
state shall be paid reasonable attorney fees and costs from the
deposit. Costs shall include those administrative costs incurred in
processing claims against the licensee recoverable from the deposit.
11203.5. If the state or any of its political subdivisions suffers
any loss or damage by reason of any fraudulent practice or
representation or by reason of any violation of this division by a
traffic violator school owner, the department may bring a cause of
action against the traffic violator school owner and the surety upon
the owner's bond.
11204. (a) The department shall issue a license certificate to each
traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter. The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department. The license shall
be renewed annually. The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner. The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
(b) (1) In lieu of the examination required by Section 11202.5 for
renewal of the license of a traffic violator school operator, the
department may accept submission of evidence by the licensee of
continuing professional education.
(2) "Professional education," as used in paragraph (1), means the
satisfactory completion of courses acceptable to the department
related to traffic safety, teaching techniques, or the teaching of
driver instruction, or the participation in professional seminars
approved by the department.
(c) Whenever in its judgment the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the conduct of the
traffic violator school. The conditions to be attached to the license
shall be any that may, in the judgment of the department, be in the
public interest and suitable to the qualifications of the applicant
as disclosed by the application and investigation by the department
of the information contained therein. The conditions may not appear
on the license certificate.
(d) Upon notification of the death of a traffic violator school
licensee, the department may issue a temporary license to the
executor or administrator of the estate of a deceased holder of a
validly outstanding license to conduct a traffic violator school, or
if no executor or administrator has been appointed and until a
certified copy of an order making an appointment is filed with the
department, a temporary license may be issued to the surviving spouse
or other heir entitled to conduct the business of the deceased. The
temporary license shall permit the holder to conduct the traffic
violator school for a period of one year from and after the date of
the original licensee's death, and necessary one-year extensions may
be granted to permit disposal of the business and qualification for a
license of a purchaser of the business or the surviving spouse or
heir. The department may restrict or condition a temporary license
and attach to the exercise of the privilege thereunder any terms and
conditions that in the department's judgment are required for the
protection of the public.
11205. (a) The department shall publish a traffic violator school
referral list of all the approved locations of traffic violator
school classes, by school name, to be transmitted to each superior
court in the state in sufficient quantity to allow the courts to
provide a copy to each person referred to traffic violator school.
The list shall be revised at least twice annually and transmitted to
the courts by the first day of January and the first day of July. It
shall include all of the following:
(1) The name of each traffic violator school or, pursuant to
subdivision (d), the general term "traffic violator school" followed
by its traffic violator school license number.
(2) A phone number used for student information.
(3) The county and the judicial district.
(4) The cities where classes are available.
(b) Each traffic violator school owner shall be permitted one
school name in a judicial district.
(c) The list shall be organized alphabetically in sections for
each county and subsections for each judicial district within the
county. The order of the names within each judicial district shall be
random pursuant to a drawing or lottery conducted by the department.
(d) On the list prepared by the department under subdivision (c),
each traffic violator school shall appear by name unless a court
determines, pursuant to subdivision (e), that a name is inappropriate
and directs the department to delete the name and instead list the
school by the term "traffic violator school" followed by its license
number. The deletion of the name of a school from the list for a
judicial district shall not affect whether that school appears by
name on the list for any other judicial district within the state. In
making a determination under this subdivision regarding the deletion
of a name from the list, the court shall use as its criteria whether
the name is misleading to the public, undignified, or implies that
the school offers inducements or premiums which derogate or distort
the instructional intent of the traffic safety program.
(e) When the department transmits any referral list pursuant to
subdivision (a), each court shall do all of the following:
(1) Within 30 days of receipt of the list, notify the school owner
of any school name that the court intends to remove from the
referral list. In its written notice, the court shall set forth the
specific basis and rationale for its decision.
(2) Within 60 days of receipt of the list, make every effort to
schedule, conduct, and complete a hearing for the school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
(3) Within 10 days of the completion of that hearing, notify the
department and school owner of any school names it intends to remove
from the referral list.
(f) In order for a court action to delete a school name from the
next referral list published by the department, the department shall
receive court notification no later than 90 days prior to publication
of the next referral list and, absent a direct order by the
appellate division of the superior court or a court of higher
jurisdiction, the department may not fail to publish a referral list
on the grounds that there exists pending litigation or appeals
concerning the lists.
(g) Any court notifying the department of a school name it intends
to remove from the list, pursuant to this section, shall provide the
school owner with the name of the judge making those findings.
(h) When a court informs a school owner, pursuant to subdivision
(e), of its decision to delete the name of a traffic violator school
from that judicial district's subsection of the department's traffic
violator school referral list, the owner may, on a form approved by
the department, submit a substitute name to the court and request
approval of that name. The court shall, within 30 days of receipt of
the request for approval of the substitute name, inform the
department and the school owner, on a form approved by the
department, of its approval or rejection of the substitute name. The
school owner may continue this appeal process for approval of a
substitute name until the court determines that the name does not
violate the standard set forth in subdivision (d). A name approval in
a judicial district shall not affect the school's name or listing in
any other district in the state. The department shall not impose any
fee or license requirement under this subdivision.
(i) If a court fails to act within 30 days on a request of a
traffic violator school owner, pursuant to subdivision (h), the
proposed substitute name shall be deemed approved by the court for
the purposes of the traffic violator school referral list.
(j) (1) Every application filed with the department on and after
June 1, 1991, for an original license by a traffic school owner or
for approval to conduct classes in a judicial district not previously
approved, shall be accompanied by the approval of the court in each
judicial district proposed for those operations of the name of the
school, on a form approved by the department for that purpose. For
the approved name to be included in the traffic violator school
referral list, the form shall be received by the department no later
than 90 days prior to publication.
(2) When a court disapproves a school name pursuant to this
subdivision, the court shall notify the school owner within 30 days
of its disapproval and schedule a hearing for that school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion of
the hearing, pursuant to subdivision (h).
(3) The court shall make every effort to schedule, conduct, and
complete a hearing within 60 days of receipt of the school owner's
request for a school name approval. A name approval in a judicial
district shall not affect the school's name or listing in any other
district in the state. A change in physical location by a school
within a judicial district shall not require approval pursuant to
this subdivision.
(k) The department shall publish a list of the owners of traffic
violator schools. One copy shall be provided to each superior court
in the state. This list shall be revised at least twice annually and
transmitted to the courts by the first day of January and the first
day of July. This list shall include all of the following:
(1) The name of each school, grouped by owner.
(2) The business office address.
(3) The business office telephone number.
(4) The license number.
(5) The owner's name.
(6) The operator's name.
(l) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current list of traffic
violator schools published by the department when it orders a person
to complete a traffic violator school pursuant to subdivision (a) or
(b) of Section 42005 or, when a court utilizing a nonprofit agency
for traffic violator school administration and monitoring services in
which all traffic violator schools licensed by the department are
allowed the opportunity to participate, a statewide referral list may
be published by the nonprofit agency and distributed by the court.
The agency shall monitor each classroom location situated within the
judicial districts in which that agency provides services to the
courts and is represented on its referral list. The monitoring shall
occur at least once every 90 days with reports forwarded to the
department and the respective courts on a monthly basis.
(m) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(n) If any provision of subdivision (d) or (e), as added by
Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the
application thereof to any person, is held to be unconstitutional,
this section is repealed on the date the decision of the court so
holding becomes final.
(o) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
11205. (a) The department shall provide a list of licensed traffic
violator schools on its Internet Web site. For each licensed school,
the list shall indicate the modalities of instruction offered and
specify the cities where classroom instruction is offered. The
sequential listing of licensed schools shall be randomized daily.
(b) When a court or traffic assistance program (TAP) provides a
hard copy list of licensed traffic violator schools to a traffic
violator, the court or TAP shall provide only a current date-stamped
list downloaded from the department's Internet Web site. The hard
copy list shall be as current as practicable, but in no event shall a
list be distributed with a date stamp that is more than 60 days old.
(c) The department shall, by April 1, 2012, develop a Web-based
database that will enable the department, the courts, and traffic
violator schools to monitor, report, and track participation and
course completion. Traffic violator schools shall update course
information within three business days of class completion and
provide to the courts class completion information on a daily basis.
(d) This section shall become operative on September 1, 2011.
11205. (a) The department shall publish semiannually, or more often
as necessary to serve the purposes of this act, a list of all
traffic violator schools which are licensed pursuant to this section.
The list shall identify classroom facilities within a judicial
district that are at a different location from a licensed school's
principal facility. The department shall transmit the list to each
municipal court and to each superior court in a county in which there
is no municipal court, with a sufficient number of copies to allow
the courts to provide one copy to each person referred to a licensed
traffic violator school. The department shall, at least semiannually,
revise the list to ensure that each court has a current list of all
licensed traffic violator schools.
(b) Each licensed traffic violator school owner shall be permitted
one school name per judicial district.
(c) The referral list shall be organized alphabetically, in
sections for each county, and contain subsections for each judicial
district within the county. The order of the names within each
judicial district shall be random pursuant to a drawing or lottery
conducted by the department.
(d) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current referral list of
traffic violator schools published by the department when it orders a
person to complete a traffic violator school pursuant to subdivision
(a) or (b) of Section 42005 or, when a court utilizing a nonprofit
agency for traffic violator school administration and monitoring
services in which all traffic violator schools licensed by the
department are allowed the opportunity to participate, a statewide
referral list may be published by the nonprofit agency and
distributed by the court. The agency shall monitor each classroom
location situated within the judicial districts in which that agency
provides services to the courts and is represented on its referral
list. The monitoring shall occur at least once every 90 days with
reports forwarded to the department and the respective courts on a
monthly basis.
(e) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(f) If any provision of subdivision (d) or (e) of Section 11205,
as added by Section 4 of Assembly Bill 185 of the 1991-92 Regular
Session, or the application thereof to any person, is held to be
unconstitutional, that Section 11205 is repealed on the date the
decision of the court so holding becomes final, and on that date,
this section shall become operative.
11205.1. Until January 1, 2013, the fee authorized in subdivision
(d) of Section 11205.2, and after January 1, 2013, the fee authorized
in subdivision (c) of Section 11205.2, shall be applicable only in
those instances where a traffic violator has agreed to attend or has
been ordered to attend a traffic violator school pursuant to Section
41501 or 42005.
11205.2. (a) As used in this chapter, court assistance program
(CAP) is a public or private nonprofit agency that provides services,
under contract with a court, to process traffic violators.
(b) A court may use a CAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" includes those services relating to the
processing of traffic violators at, and for, the court.
(c) Whenever a CAP monitors a designated traffic violator school,
the CAP shall follow the procedures set forth in subdivision (d) of
Section 11214. The CAP shall send its monitoring report to the
department for review, evaluation, processing and any further action
determined necessary by the department. A copy of the report shall
also be provided to the court. The role of a CAP is limited to that
set forth in this chapter. Nothing in this chapter abrogates or
limits the inherent powers of the courts under Article VI of the
California Constitution.
(d) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(e) When a monitoring report is adverse, the CAP shall send a copy
to the licensee within 30 days after the date of the monitoring.
Copies of all other monitoring reports shall be available to a
licensee upon request and payment of a fee. The fee may not exceed
the cost of postage and photocopying.
(f) The department or a court may not remove the name of a traffic
violator school that does not have a suspended or revoked license
from any part of a student referral list published by the department
or CAP pursuant to Section 11205, unless the school owner is first
provided notice and the opportunity to request a hearing conducted by
the department or a court, to determine whether there are sufficient
grounds to warrant removal of the school's name. Any decision to
remove a name may be appealed to any court of competent jurisdiction.
(g) In the event that a CAP, acting pursuant to a contract with a
court, audits or inspects the records of a traffic violator school,
the CAP shall use the same process and procedures used by the
department to conduct the audit or inspection.
(h) This section does not preclude a court from entering into a
contract with public or private nonprofit agencies to provide
services to the court, other than those described in this section.
(i) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
11205.2. (a) As used in this chapter, a traffic assistance program
(TAP) is a public or private nonprofit agency that provides services,
under contract with a court to process traffic violators or under
contract with the department to assist in oversight activities.
(b) A court may use a TAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" means those services relating to the
processing of traffic infraction cases at, and for, the court,
including printing and providing to the court and traffic violators
hard copy county-specific lists printed from the department's
Internet Web site, administratively assisting traffic violators, and
any other lawful activity relating to the administration of the court'
s traffic infraction caseload.
(c) The court may charge a traffic violator a fee to defray the
costs incurred by a TAP for traffic case administration services
provided to the court pursuant to subdivision (b). The court may
delegate collection of the fee to the TAP. Fees shall be approved and
regulated by the court. The fee shall not exceed the actual costs
incurred by the TAP for the activities authorized under subdivision
(b).
(d) This section shall become operative on January 1, 2013.
11205.4. (a) By June 1, 2005, the Judicial Council shall do all of
the following:
(1) Collect information from each superior court regarding whether
and how the court works with the following entities:
(A) Traffic violator schools licensed by the department under this
chapter.
(B) Court-approved programs of traffic safety instruction operated
in accordance with the procedures established under Sections 1803.5,
1808.7, 11205.1, 41501, 42005, and 42007.
(C) Court assistance programs (CAPs) that operate in accordance
with the procedures established under Sections 11205 and 11205.2.
(2) Collect information from each superior court regarding whether
the court contracts with a CAP, and if so, how the CAP fee is set
and what specific services are funded by the CAP fee. If a court does
not contract with a CAP, determine how the court provides for all
services related to processing traffic violators, including both
traffic violator schools licensed by the department and
court-approved programs of traffic safety instruction. This
information shall include, but is not limited to, the total fees
collected in the most recent prior fiscal year and the total
expenditure of those fees by category, together with the total
unexpended fees retained by the court.
(3) Compile the information specified in paragraphs (1) and (2) in
a report that provides a clear understanding of the current system
involving the collection and expenditure of traffic violator fees.
(4) Recommend one or more approaches to setting a fiscal policy
for the fees charged pursuant to Section 11205 to those traffic
violators who have chosen or been ordered to attend a department
licensed traffic violator school or court-approved program of traffic
safety instruction.
(b) The financial data and information collected by the Judicial
Council pursuant to subdivision (a) shall be provided by the Judicial
Council to a person upon request and payment of a fee to cover the
cost of photocopying and postage.
11205.4. (a) The department may use a traffic assistance program
(TAP), or until January 1, 2013, a CAP established pursuant to
Section 11205.2, for monitoring of licensed traffic violator schools,
including but not limited to, audits, inspections, review and
examination of business records, class records, business practices,
the content of the program of instruction set forth in the lesson
plan, or curriculum of a licensee. Inspection includes, but is not
limited to, the review of the business office, branch office, and
applicable classroom facilities of a licensee. Monitoring includes
onsite review of actual presentation of the traffic safety
instruction provided in a classroom and any other activity deemed
necessary to ensure high-quality education of traffic violators.
(b) This section shall become operative on September 1, 2011.
11206. (a) The department shall license traffic violator school
instructors. Except as exempted by this section, no person shall act
as a traffic violator school instructor without a currently valid
instructor's license issued by the department. Every person, in order
to qualify as a traffic violator school instructor, shall meet all
of the following requirements before an instructor's license may be
issued:
(1) Have a high school education.
(2) Within three attempts, pass an examination, as required by the
department, on traffic laws, safe driving practices, operation of
motor vehicles, and teaching methods and techniques.
(3) Hold a currently valid California driver's license, which is
not subject to probation pursuant to Section 14250 due to the
applicant being a negligent operator within the meaning of Section
12810 or 12810.5. The applicant's driving record shall not have any
outstanding notice for violating a written promise to appear in court
or for willfully failing to pay a lawfully imposed fine, as provided
in Section 40509.
(4) Be 18 years of age or older.
(b) All the qualifying requirements specified by this section
shall be met within one year from the date of application for a
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the requisite
fee.
(c) A license issued pursuant to this section is not required to
provide instruction to traffic violators in a public school or other
public educational institution by a person holding a valid teaching
credential with satisfactory training or experience in the subject
area, as determined by the department. Persons exempt from licensure
under this section are not required to obtain a license certificate
pursuant to Section 11207.
11206.5. Each applicant for a license as a traffic violator school
owner, traffic violator school operator, or traffic violator school
instructor shall submit an application to the department on the forms
prescribed by the department. The applicant shall provide the
department with any information concerning the applicant's character,
honesty, integrity, and reputation which the department may consider
necessary.
11207. (a) The department shall issue a license certificate to each
traffic violator school instructor when it is satisfied that he or
she has met the qualifications required under this chapter. The
original instructor license and any license renewed pursuant to
subdivisions (b) and (c) shall be valid for a period of three years
from the date of issuance unless canceled, suspended, or revoked by
the department.
(b) Every application for the renewal of a traffic violator school
instructor license may be made by the licensee prior to the
expiration date of the license by presenting to the department a
completed application on a form provided by the department. In no
event shall a traffic violator school instructor renew the license
after the date of expiration.
(c) The department shall require all of the following for the
renewal of an instructor's license:
(1) Compliance with Section 11206, except subdivision (c) thereof.
(2) Satisfactory completion of an examination as provided in
Section 11206 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
education.
(d) When, in its judgment, the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the exercise of the
privilege granted. The conditions to be attached to the license shall
be such as may, in the judgment of the department, be in the public
interest and suitable to the qualifications of the applicant, as
disclosed by the application and investigation by the department of
the information contained therein.
11208. (a) Fees for issuance by the department of a license to a
traffic violator school owner shall be as follows:
(1) For the original license or an ownership change which requires
a new application, except as provided by Section 42231, a fee of one
hundred fifty dollars ($150), with an additional fee of seventy
dollars ($70) for each separate traffic violator school branch or
classroom location licensed. The fee prescribed by this subdivision
is nonrefundable.
(2) For annual renewal of the license for a traffic violator
school and for each branch or classroom location, a fee of fifty
dollars ($50).
(3) If alteration of an existing license is required by a firm
name change, a change in corporate officer structure, address change,
or the addition of a traffic violator school branch or classroom
location, a fee of seventy dollars ($70).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(b) Fees for the issuance by the department of a license for a
traffic violator school operator shall be as follows:
(1) For the original license, a nonrefundable fee of one hundred
dollars ($100).
(2) For annual renewal of the license, a fee of fifty dollars
($50).
(3) If alteration of an existing license is caused by a change in
the name or location of the established principal place of business
of the traffic violator school operated by the licensee, including a
transfer by a licensee from one traffic violator school to another, a
fee of fifteen dollars ($15).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(c) Fees for the issuance by the department of a license for a
traffic violator school instructor shall be as follows:
(1) For the original license, except as provided by Section 42231,
a nonrefundable fee of thirty dollars ($30).
(2) For the triennial renewal of a license, a fee of thirty
dollars ($30).
(3) If alteration of an existing license is required by a change
in the instructor's employing school's name or location, or transfer
of the instructor's license to another employing school, a fee of
fifteen dollars ($15).
(4) For replacement of the instructor's license certificate when
the original license is lost, stolen, or mutilated, a fee of fifteen
dollars ($15).
(d) The department shall charge a fee, not to exceed three dollars
($3), for each completion certificate issued by a traffic violator
school to each person referred by a court pursuant to Section 42005
and completing instruction at the traffic violator school. The amount
of the fee shall be determined by the department and shall be a fee
sufficient to defray the actual costs incurred by the department for
publication and distribution of lists of schools for traffic
violators pursuant to Section 11205, for monitoring instruction,
business practices, and records of schools for traffic violators and
for any other activities deemed necessary by the department to assure
high quality education for traffic violators. Upon satisfactory
completion of the instruction offered by a licensed traffic violator
school, the traffic violator school shall provide the student
referred by a court pursuant to Section 42005 with a certificate of
completion furnished by the department. A certificate of completion
shall not be issued to a person who elects to attend a traffic
violator school. A traffic violator school shall not charge a fee in
excess of the fee charged by the department pursuant to this
subdivision for furnishing a certificate of completion. A traffic
violator school may charge a fee not to exceed fifteen dollars ($15),
to issue a duplicate certificate of completion that was requested by
a traffic violator, when the original certificate was lost, stolen,
or mutilated. A student referred by a court pursuant to Section 42005
shall present this certificate of completion to the court as proof
of completion of instruction, and no other proof of completion of
instruction may be accepted by the court.
(e) The department shall compile its actual costs incurred to
determine the fee prescribed in subdivision (d) and make available
its financial records used in the determination of the fee for
completion certificates. The fee shall be adjusted every odd-numbered
year based upon the costs incurred during the preceding two fiscal
years. The records described in this subdivision are public records.
(f) This section shall become inoperative on September 1, 2011,
and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2012, deletes
or extends the dates on which it becomes inoperative and is
repealed.
11208. (a) The department shall charge a fee, to be determined by
the department, for the following traffic violator school program
activities:
(1) Original issuance of a traffic violator school owner,
operator, instructor, and branch or classroom location license.
(2) Renewal of a traffic violator school owner, operator,
instructor, and branch or classroom location license.
(3) Issuance of a duplicate or corrected traffic violator school
owner, operator, instructor, and branch or classroom location
license.
(4) Transfer of an operator or instructor license from one traffic
violator school to another.
(5) Approval of curriculum, based on the instructional modality of
the curriculum.
(6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
(b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the traffic
violator school program, except for routine monitoring of
instruction.
(c) A single administrative fee shall be assessed against, and
collected by the court pursuant to Section 42007.1 from, each driver
who is allowed or ordered to attend traffic violator school. Included
in this fee shall be an amount determined by the department to be
sufficient to defray the cost of routine monitoring of traffic
violator school instruction.
(d) This section shall become operative on September 1, 2011.
11208.5. (a) By December 31, 2011, and by December 31 of each year
thereafter, the department shall report to the Legislature on the
status and progress of its efforts to implement the act that adds
this section. This annual report shall include information on all of
the following:
(1) The number and type of programs licensed.
(2) The average number of days required to process each
application for licensure.
(3) The performance measures established for its monitoring
activities, including those contracted out to third parties.
(4) Details with respect to costs to show how fees authorized by
the act that adds this section were expended.
(5) A breakdown of all complaints received and their disposition
or resolution.
(b) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2016.
11209. Any traffic violator school owner, traffic violator school
operator, or traffic violator school instructor required to be
licensed under this chapter who fails to renew the license before the
expiration of the license may not renew that license, but may
reapply for an original license pursuant to this chapter. For
purposes of this section, a license that has been canceled may not be
renewed and a license that is suspended or revoked may not be
renewed, until reinstatement or reissuance by the department. If the
period of suspension or revocation extends beyond the expiration of a
license, it may not be renewed, but the person may apply for a new
license thereafter.
11210. Pending determination by the department that an applicant
for a license fully satisfies the requirements of this chapter, the
department may issue a temporary permit to the applicant. A temporary
permit may authorize the operation of a traffic violator school or
acting as a traffic violator school operator or traffic violator
school instructor for a period not to exceed 120 days while the
department is completing its investigation and determination of all
facts relative to the qualifications of the applicant for the
license.
The department may cancel a temporary permit when it has
determined or has reasonable cause to believe that the application is
incorrect or incomplete or the temporary permit was issued in error.
A temporary permit is invalid upon cancellation or once the
applicant has been issued or denied the license applied for.
11211. (a) The department may refuse to issue a license to any
applicant under this chapter when it finds and determines that any of
the following exist:
(1) The applicant was previously the holder of a license under
this chapter which was revoked or suspended.
(2) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(3) The applicant has done any act or series of acts which would
be a cause for suspension or revocation of licensure under Section
11215, regardless of whether the applicant was licensed under this
chapter at the time of the act or acts.
(4) If the applicant is a business, a business representative was
the holder of a previously issued license under this chapter that was
suspended or revoked or has done any act or series of acts which
would be a cause for suspension or revocation of a license under
Section 11215, regardless of whether the business representative was
licensed under this chapter at the time of the act or acts.
(5) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that both of the following will occur:
(A) The policy or operation of the business will be directed,
controlled, or managed by an individual who, by reason of an act,
series of acts, or conduct described in paragraph (3) or (4), would
be ineligible for a license.
(B) By licensing the business, the purposes of this division would
be defeated.
(6) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license under
this chapter.
(7) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime, or committed any act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license under this
chapter, the applicant is entitled to a hearing upon demand in
writing submitted to the department within 60 days after notice of
refusal. The hearing shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(c) A person whose license has been revoked or application for a
license has been refused may reapply for the license after a period
of not less than one year has elapsed from the effective date of the
decision revoking the license or refusing the application.
11212. (a) Every owner licensed under this chapter shall keep a
record at the traffic violator school's primary business location
showing all of the following for each student:
(1) The name and address and license number of the traffic
violator school providing instruction.
(2) The name and address of each person given instruction.
(3) The instruction permit number or driver's license number of
every person given instruction.
(4) The name and number of the license issued pursuant to Section
11207 of the traffic violator school instructor.
(5) The particular type of instruction given and the date or dates
of the instruction.
(6) A statement as to whether the approved lesson plan was
followed.
(7) The total number of hours of instruction.
(8) The total cost to the student of the instruction, which shall
not exceed the amount of the fee represented or advertised by the
traffic violator school at the time of the student's enrollment.
(9) The court docket number under which the student was referred
to a traffic violator school.
(10) The number of the completion certificate issued to the
student pursuant to subdivision (e) of Section 11208 and, if
different, the number of any copy thereof issued to the student.
(b) The records shall be retained for a minimum of three years and
shall be open to the inspection during business hours and at all
other reasonable times by the department, the court, a private entity
providing monitoring pursuant to Section 11222, the Legislative
Analyst, and the State Auditor or authorized employees thereof, but
shall be only for confidential us