12800-12819
VEHICLE CODE
SECTION 12800-12819
12800. Every application for an original or a renewal of a driver's
license shall contain all of the following information:
(a) The applicant's true full name, age, sex, mailing address,
residence address, and social security account number.
(b) A brief description of the applicant for the purpose of
identification.
(c) A legible print of the thumb or finger of the applicant.
(d) The type of motor vehicle or combination of vehicles the
applicant desires to operate.
(e) Whether the applicant has ever previously been licensed as a
driver and, if so, when and in what state or country and whether or
not the license has been suspended or revoked and, if so, the date of
and reason for the suspension or revocation.
(f) Whether the applicant has ever previously been refused a
driver's license in this state and, if so, the date of and the reason
for the refusal.
(g) Whether the applicant, within the last three years, has
experienced, on one or more occasions, either a lapse of
consciousness or an episode of marked confusion caused by a condition
that may bring about recurrent lapses, or whether the applicant has
a disease, disorder, or disability that affects his or her ability to
exercise reasonable and ordinary control in operating a motor
vehicle upon a highway.
(h) Whether the applicant understands traffic signs and signals.
(i) Whether the applicant has ever previously been issued an
identification card by the department.
(j) Any other information that is necessary to enable the
department to determine whether the applicant is entitled to a
license under this code.
12800.5. (a) (1) A license shall bear a fullface engraved picture
or photograph of the licensee.
(2) Notwithstanding any other provision of law, the department
shall not, unless requested by the licensee, distribute or sell the
licensee's picture or photograph or any information pertaining to the
licensee's physical characteristics to any private individual, other
than the licensee, or to any firm, copartnership, association, or
corporation. This paragraph does not apply to any private business
entity that contracts with the department for the production of
driver's licenses and identification cards, if the contract prohibits
the unauthorized use and disclosure of the information.
(b) A license, including a temporary license issued pursuant to
Section 12506, shall bear the following notice: "This license is
issued as a license to drive a motor vehicle; it does not establish
eligibility for employment, voter registration, or public benefits."
(c) The department may demand proof of age prior to the issuance
of a license.
12800.7. Upon application for an original or duplicate license the
department may require the applicant to produce any identification
that it determines is necessary in order to ensure that the name of
the applicant stated in the application is his or her true, full name
and that his or her residence address as set forth in the
application is his or her true residence address.
12801. (a) Notwithstanding any other provision of law, the
department shall require an application for a driver's license to
contain the applicant's social security account number and any other
number or identifier determined to be appropriate by the department.
(b) Notwithstanding any other law, the social security account
number collected on a driver's license application shall not be
displayed on the driver's license including, but not limited to,
inclusion on a magnetic tape or strip used to store data on the
license.
12801.5. (a) Notwithstanding any other provision of law, the
department shall require an applicant for an original driver's
license or identification card to submit satisfactory proof that the
applicant's presence in the United States is authorized under federal
law.
(b) The department shall not issue an original driver's license or
identification card to a person who does not submit satisfactory
proof that the applicant's presence in the United States is
authorized under federal law.
(c) The department shall adopt regulations to carry out the
purposes of this section, including procedures for, but not limited
to, (1) verifying that the applicant's presence in the United States
is authorized under federal law, (2) issuance of a temporary license
pending verification of the applicant's status, and (3) appeal
hearings from a denial of a license, temporary license, or
identification card.
(d) On January 10 of each year, the department shall submit a
supplemental budget report to the Governor and the Legislature
detailing the costs of verifying the citizenship or legal residency
of applicants for driver's licenses and identification cards, in
order for the state to request reimbursement from the federal
government.
(e) Notwithstanding Section 40300 or any other provision of law, a
peace officer may not detain or arrest a person solely on the belief
that the person is an unlicensed driver, unless the officer has
reasonable cause to believe the person driving is under the age of 16
years.
(f) The inability to obtain a driver's license pursuant to this
section does not abrogate or diminish in any respect the legal
requirement of every driver in this state to obey the motor vehicle
laws of this state, including laws with respect to licensing, motor
vehicle registration, and financial responsibility.
12801.7. (a) The department shall not issue an original driver's
license or identification card, or a renewal, duplicate, or
replacement driver's license or identification card to any person for
whom the department has received notice from the United States
Immigration and Naturalization Service that the person has been
determined and found by the United States Immigration and
Naturalization Service to be a deported alien under Section 1252 of
Title 8 of the United States Code.
(b) (1) The department shall cancel any driver's license or
identification card issued to any person identified as specified in
subdivision (a).
(2) The cancellation shall become effective on the 30th day after
the date the cancellation notice is mailed to the person, except as
authorized under paragraph (3).
(3) The person may request a review of the intended cancellation
during the 30-day period specified in paragraph (2) and, if proof is
provided to show the person is legally present in the United States
as authorized under federal law, the department shall rescind the
cancellation.
(4) The cancellation notice shall be mailed to the person's last
known address.
(c) The department shall require an applicant for a driver's
license whose license was canceled under this section to submit
satisfactory proof that the applicant's presence in the United States
is authorized under federal law.
(d) This section shall become operative on, and apply only to
persons determined and found to be a deported alien after, July 1,
1997.
12801.8. (a) In the case of a legal, nonimmigrant driver's license
applicant, the department shall issue a temporary driver's license,
valid for 90 days, if the applicant has successfully completed the
application and the related requirements for the issuance of a driver'
s license under this code, including subdivision (a) of Section
12805. If the United States Immigration and Naturalization Service is
unable to verify the applicant's presence before the temporary
driver's license expires, the department shall, at least 15 days
before the temporary driver's license expires, extend the temporary
driver's license for an additional 120 days and notify the applicant
by mail that the temporary driver's license is being extended.
(b) If the department adjusts the expiration date of any driver's
license issued pursuant to this code so that the date does not exceed
the expiration date of a federal document submitted pursuant to
subdivision (a) of Section 12801.5, the applicant may, upon receipt
of a notice of renewal of the driver's license by the department sent
prior to the expiration of the license, request an extension of the
term of the driver's license by submitting to the department
satisfactory proof that the applicant's presence in the United States
has been reauthorized or extended under federal law. After verifying
that the applicant's presence in the United States has been
reauthorized or extended by federal law, the department shall adjust
the expiration date of the driver's license so that it does not
exceed the expiration date of the revised federal document submitted
pursuant to subdivision (a) of Section 12801.5 and complies with the
related requirements of this code.
(c) On or before July 1, 1997, the department shall establish a
procedure for receiving mailed requests for the extension of driver's
licenses as described in this section.
12802. Every original application shall be signed and verified by
the applicant before a person authorized to administer oaths and the
applicant shall submit such evidence of age as the department may
require, and, if the applicant is a minor, the application shall also
be signed and verified as provided in Chapter 2 (commencing with
Section 17700) of Division 9.
12802.5. Before issuing a driver's license or permit to any person
under 21 years of age, both of the following shall occur:
(a) The department shall inform the applicant of the following:
(1) It is unlawful to drive with a blood-alcohol concentration of
0.01 percent or greater, as measured by a preliminary alcohol
screening test or other chemical test.
(2) The penalty for so driving is a one-year suspension of the
driving privilege.
(3) A refusal to take, or a failure to complete, a preliminary
alcohol screening test or other chemical test for the purpose of
determining the level of alcohol pursuant to Section 13388 shall
result in a one-year suspension of the driving privilege.
(4) The fee for reissuance of a driver's license after suspension
for a violation of Section 23136 is one hundred dollars ($100). This
fee is in addition to any other fees that may be imposed by the
department in connection with reissuance of a driver's license.
(b) The applicant shall sign a statement that acknowledges that he
or she has been notified of the information specified in subdivision
(a).
12803. Upon application for an original license, except student
licenses, the department shall require an examination of the
applicant and shall make provision therefor before an officer or
employee or authorized representative of the department in the county
wherein the applicant resides.
12804.2. (a) Notwithstanding Section 15275, a person with at least
a class C driver's license is exempt from the endorsement
requirements of Section 15275 if all of the following conditions are
met:
(1) The person is employed in an agricultural operation and is
driving a vehicle, other than a vehicle used in common or contract
motor carriage, controlled by a farmer and transporting agricultural
products or farm machinery or supplies to or from a farm.
(2) (A) The person has completed an agricultural hazardous
materials transportation program offered or approved by the
Department of the California Highway Patrol. The Department of the
California Highway Patrol shall make the program available at no
cost, and the program shall contain information specifically
applicable to the safe transportation of agricultural chemicals and
shall not be less than two hours in length. If the commissioner
determines that the program cannot be offered in a particular area of
the state because of personnel constraints, a person in that area
may instead comply with this requirement by receiving agricultural
hazardous materials training, in a program and manner approved by the
Department of the California Highway Patrol, from an organization or
a person in a supervisory position that has been certified by the
Department of the California Highway Patrol.
(B) Upon successful completion of the program specified in
subparagraph (A), a verification of training, valid for four years,
shall be issued by the instructor and shall be carried by the person
when operating an implement of husbandry or a motor vehicle required
to display placards or markings pursuant to Section 27903 or which is
hauling hazardous waste, as defined in Sections 25115 and 25117 of
the Health and Safety Code. Within 10 days of issuance by the
instructor, a copy of the verification shall be forwarded by the
person completing the training to the department for inclusion on the
permanent driving record of the person, together with a fee of
twelve dollars ($12).
(C) The department, in consultation with the Department of the
California Highway Patrol, shall develop a suitable form for
verification of training.
(3) The person has, within the vehicle, informational material
approved by the Department of the California Highway Patrol, in both
English and Spanish, outlining basic safety procedures to be followed
in the event of an accident. The Department of the California
Highway Patrol shall provide the information required by this
subdivision and make it available at no cost to the person.
(4) The person is operating a vehicle which is an implement of
husbandry or a motor vehicle requiring a class C driver's license and
the distance which the vehicle is being operated between the final
point of distribution and the ultimate point of application or from
part of a farm to another part thereof, or from one farm to another,
is not more than 50 miles.
(5) In lieu of a report of a medical examination required by
Section 12804.9, an applicant for a certificate pursuant to paragraph
(3) shall, upon application and every two years thereafter, submit
medical information on a form approved by the department. A person
who obtains a verification of training pursuant to this section, but
does not meet the medical requirements for a hazardous materials
endorsement established by the department under Section 12804.9, is
not qualified to transport hazardous materials.
(6) For purposes of the penalties and sanctions prescribed by
Article 7 (commencing with Section 15300) of Chapter 7, the operation
of a vehicle pursuant to this subdivision is deemed to be the
operation of a commercial motor vehicle.
(b) Implementation dates for this section may be established by
the Department of Motor Vehicles by regulation in order to accomplish
an orderly certification program.
12804.5. The class of vehicles permitted to be operated as shown on
a driver's license held by a minor shall not be changed, unless the
parents, guardians, or person having custody of such minor gives
written consent to the department for such a change.
12804.6. (a) A person shall not operate a transit bus transporting
passengers unless that person has received from the department a
certificate to operate a transit bus or is certified to drive a
schoolbus or school pupil activity bus pursuant to Section 12517.
(b) All transit busdrivers shall comply with standards established
in Section 40083 of the Education Code. The Department of Motor
Vehicles shall establish an implementation program for transit
busdrivers to meet these requirements. A transit busdriver who was
employed as a busdriver on or before July 1, 1990, shall comply with
Section 40085.5 of the Education Code instead of Section 40083 of
that code in order to receive his or her original certificate.
(c) Implementation procedures for the issuance of transit
busdrivers' certificates may be established by the Department of
Motor Vehicles as necessary to implement an orderly transit busdriver
training program.
(d) The department shall issue a transit busdriver certificate to
a person who provides either of the following:
(1) Proof that he or she has complied with Section 40083 of the
Education Code.
(2) Proof that he or she has complied with Section 40085.5 of the
Education Code.
(e) The department may charge a fee of ten dollars ($10) to an
applicant for an original or a duplicate or renewal certificate under
this section.
(f) The department shall issue a certificate to the applicant. The
status of the certificate shall also become part of the pull notice
and periodic reports issued pursuant to Section 1808.1. The
certificate or the pull notice or periodic reports shall become part
of, the person's employee records for the purpose of inspection
pursuant to Sections 1808.1 and 34501. It shall be unlawful for the
employer to permit a person to drive a transit bus who does not have
a valid certificate.
(g) The term of a certificate shall be a period not to exceed five
years, and shall expire with the driver's license.
12804.7. Notwithstanding subdivision (b) of Section 12804.9, class
C also includes any two-axle motortruck or implement of husbandry
weighing 4,000 pounds or more unladen when towing an implement of
husbandry as specified in subdivision (n) of Section 36005, except
that those vehicles shall not be operated in excess of 25 miles per
hour on the highways and for not more than 25 miles on the highway
from their point of origin.
12804.8. (a) Notwithstanding any other provision of law, the
department may conduct studies to develop and identify examinations
and tests, to more accurately identify persons who, due to physical
or mental factors, or both, are not competent or qualified to safely
operate a motor vehicle.
(b) In addition to any other tests or examinations required under
this code, the department may require any person applying for an
original driver's license or renewal of a driver's license, or any
person subject to reexamination under Section 13801, to submit to one
or more tests or examinations which are part of a study.
(c) The results and information obtained during the study, through
the tests and examinations specified in subdivision (a), shall be
used only to assess and evaluate the effectiveness of the tests and
examinations and to select tests and examinations for use by the
department, and for no other purpose. The results of the tests are
confidential and shall not be disclosed to any person.
(d) No public entity or employee shall be liable for any loss,
detriment, or injury resulting directly or indirectly from the
department's acts or failure to act on information received through
the studies.
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) A combination of vehicles, if a vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating of more than 26,000
pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(J) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under the age of 21 years may not be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
12804.10. (a) Notwithstanding any other provision of law, a person
issued a class C license under paragraph (3) of subdivision (b) of
Section 12804.9 may drive any house car of 40 feet in length or less
without obtaining a noncommercial class B driver's license with house
car endorsement as described in subdivision (b).
(b) Any person seeking to drive any house car over 40 feet in
length, excluding safety devices and safety bumpers, shall obtain a
noncommercial class B driver's license with house car endorsement as
described in this subdivision. The applicant for that endorsement
shall pass a specialized written examination and demonstrate the
ability to exercise ordinary and reasonable control in operating that
vehicle by driving it under the supervision of an examining officer.
Upon satisfactory completion of the examination and demonstration,
the applicant shall be issued a noncommercial class B driver's
license with house car endorsement by the department. Upon
application for an endorsement to operate this vehicle, and every two
years thereafter, the applicant shall submit medical information on
a form approved by the department.
12804.11. (a) To operate firefighting equipment, a driver,
including a tiller operator, is required to obtain and maintain a
firefighter endorsement issued by the department and obtain and
maintain a class A, class B, or class C license. To qualify for a
firefighter endorsement the driver shall do all of the following:
(1) (A) Provide to the department proof of current employment as a
firefighter or registration as a volunteer firefighter with a fire
department and evidence of fire equipment operation training by
providing a letter, or other indication, from the chief of the fire
department, or his or her designee.
(B) For purposes of this section, evidence of fire equipment
operation training means the applicant has successfully completed
Fire Apparatus Driver/Operator 1A taught by an instructor registered
with the Office of the State Fire Marshal or fire department driver
training that meets all of the following requirements:
(i) Meets or exceeds the standards outlined in NFPA 1002, Chapter
4 (2008 version) or the Fire Apparatus Driver/Operator 1A course
adopted by the Office of the State Fire Marshal.
(ii) Prepares the applicant to safely operate the department's
fire equipment that the applicant will be authorized to operate.
(iii) Includes a classroom (cognitive) portion of at least 16
hours.
(iv) Includes a manipulative portion of at least 14 hours, which
includes directly supervised behind-the-wheel driver training.
(C) Driver training shall be conducted by a person who is
registered with the Office of the State Fire Marshal to instruct
Driver/Operator 1A or a person who meets all of the following
criteria:
(i) Possesses a minimum of five years of fire service experience
as an emergency vehicle operator, three of which must be at the rank
of engineer or higher.
(ii) Possesses a valid California class A or B license or a class
A or B license restricted to the operation of firefighting equipment.
(iii) Is certified as a qualified training instructor or training
officer by the State of California, the federal government, or a
county training officers' association.
(2) Pass the written firefighter examination developed by the
department with the cooperation of the State Fire Marshal's office.
(3) Submit a report of medical examination on a form approved by
the department. The report shall be dated within four years preceding
the application date, except as required by paragraph (2) of
submission (a) of Section 12804.9. Holders of a restricted
firefighters license as of January 1, 2011, are not subject to the
requirement for a medical exam until he or she renews his or her
license.
(b) There shall be no additional charge for adding a firefighter
endorsement to an original license or when renewing a license. To add
a firefighter endorsement to an existing license when not renewing
the license, the applicant shall pay the fee for a duplicate license
pursuant to Section 14901.
(c) (1) A driver of firefighting equipment is subject to the
requirements of subdivision (a) if both of the following conditions
exist:
(A) The equipment is operated by a person employed as a
firefighter by a federal or state agency, by a regularly organized
fire department of a city, county, city and county, or district, or
by a tribal fire department or registered as a volunteer member of a
regularly organized fire department having official recognition of
the city, county, city and county, or district in which the
department is located, or of a tribal fire department.
(B) The motor vehicle is used to travel to and from the scene of
any emergency situation, or to transport equipment used in the
control of any emergency situation, and which is owned, leased, or
rented by, or under the exclusive control of, a federal or state
agency, a regularly organized fire department of a city, county, city
and county, or district, a volunteer fire department having official
recognition of the city, county, city and county, or district in
which the department is located, or a tribal fire department.
(2) A driver of firefighting equipment is not required to obtain
and maintain a firefighter endorsement pursuant to subdivision (a) if
the driver is operating the firefighting equipment for training
purposes, during a nonemergency, while under the direct supervision
of a fire department employee who is properly licensed to operate the
equipment and is authorized by the fire department to provide
training.
(d) For purposes of this section, a tiller operator is the driver
of the rear free-axle portion of a ladder truck.
(e) For purposes of this section, "firefighting equipment" means a
motor vehicle, that meets the definition of a class A or class B
vehicle described in subdivision (b) of Section 12804.9, that is used
to travel to and from the scene of an emergency situation, or to
transport equipment used in the control of an emergency situation,
and that is owned, leased, or rented by, or under the exclusive
control of, a federal or state agency, a regularly organized fire
department of a city, county, city and county, or district, or a
volunteer fire department having official recognition of the city,
county, city and county, or district in which the department is
located.
(f) Notwithstanding subdivision (a), a regularly organized fire
department, having official recognition of the city, county, city and
county, or district in which the department is located, may require
an employee or a volunteer of the fire department who is a driver or
operator of firefighting equipment to hold a class A or B license.
(g) This section applies to a person hired by a fire department,
or to a person renewing a driver's license, on or after January 1,
2011.
12804.12. (a) The department may issue a restricted class A driver'
s license for the operation of any two-axle vehicle weighing 4,000
pounds or more unladen when towing a trailer coach exceeding 10,000
pounds gross vehicle weight rating, or a fifth-wheel travel trailer
exceeding 15,000 pounds gross vehicle weight rating, when the towing
of the trailer is not for compensation.
(b) In lieu of a report of a medical examination required by
Section 12804.9, an applicant for a restricted license issued
pursuant to subdivision (a) shall, upon application and every two
years thereafter, submit medical information on a form approved by
the department.
12804.14. (a) The department may issue a restricted class A driver'
s license for the operation of any two-axle vehicle weighing 4,000
pounds or more unladen when towing a livestock trailer exceeding
10,000 pounds, but not exceeding 15,000 pounds gross vehicle weight
rating or gross vehicle weight, if all of the following conditions
are met:
(1) The vehicle is controlled and operated by a farmer.
(2) The vehicle is used to transport livestock to or from a farm.
(3) The vehicle is not used in the operations of a common or
contract carrier.
(4) The vehicle is used within 150 miles of the person's farm.
(b) The requirements of subdivision (a) incorporate the guidelines
published by the Federal Highway Administration in the Federal
Register on September 26, 1988 (53 FR 37313). The department shall
follow those guidelines in acting pursuant to this section as those
guidelines now exist and as they are hereafter amended.
(c) In lieu of a report of a medical examination required by
Sections 12804 and 12804.9, a licensed California driver applying for
a restricted license issued pursuant to subdivision (a) shall, upon
application and every two years thereafter, submit medical
information on a form approved by the department.
12804.15. (a) Notwithstanding Section 362, for purposes of this
section "house car" means a vehicle described in subdivision (b) of
Section 12804.10.
(b) (1) Except as provided under paragraph (2), no person may
operate a house car unless that person has in his or her possession a
valid driver's license of the appropriate class and an endorsement
thereto issued by the department to permit operation of the house
car.
(2) A nonresident may not operate a house car in this state unless
that person is in possession of an out-of-state driver's license
authorizing the operation of that vehicle.
(c) An endorsement to drive a house car may be issued only if the
applicant meets all of the following conditions:
(1) The applicant successfully completes an examination prescribed
by the department to determine qualification for the endorsement.
(2) Upon initial application and every two years thereafter, the
applicant submits medical information on a form approved by the
department to verify that the person meets the minimum medical
requirements established by the department for operation of a house
car.
(3) Upon application for issuance of an original driver's license
or renewal driver's license pursuant to subdivision (b) of Section
12804.10, there shall be paid to the department a fee of thirty-four
dollars ($34) for a license that will expire on the applicant's fifth
birthday following the date of the application.
(d) The department may deny, suspend, or revoke an endorsement to
drive a house car when the applicant does not meet any requirement
for the issuance or retention of the endorsement.
12805. The department shall not issue a driver's license to, or
renew a driver's license of, any person:
(a) Who is not of legal age to receive a driver's license.
(b) Whose best corrected visual acuity is 20/200 or worse in that
person's better eye, as verified by an optometrist or
ophthalmologist. No person may use a bioptic telescopic or similar
lens to meet the 20/200 visual acuity standards.
(c) Who is unable, as shown by examination, to understand traffic
signs or signals or who does not have a reasonable knowledge of the
provisions of this code governing the operations of vehicles upon the
highways.
(d) When it is determined, by examination or other evidence, that
the person is unable to safely operate a motor vehicle upon a
highway.
(e) Who is unable to read and understand simple English used in
highway traffic and directional signs. This subdivision does not
apply to any person holding an operator's or chauffeur's license
issued by this state and valid on September 11, 1957.
(f) Who holds a valid driver's license issued by a foreign
jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.
(g) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico,
and that license has been suspended by reason, in whole or in part,
of a conviction of a traffic violation until the suspension period
has terminated, except that the department may issue a license to the
applicant if, in the opinion of the department, it will be safe to
issue a license to a person whose license to drive was suspended by a
state that is not a party to the Driver License Compact provided for
in Chapter 6 (commencing with Section 15000) of Division 6.
(h) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia or the Commonwealth of Puerto Rico,
and that license has been revoked by reason, in whole or in part, of
a conviction of a traffic violation, until the revocation has been
terminated or after the expiration of one year from the date the
license was revoked, whichever occurs first, except that the
department may issue a license to the applicant if, in the opinion of
the department, it will be safe to issue a license to a person whose
license to drive was revoked by a state that is not a party to the
Driver License Compact provided for in Chapter 6 (commencing with
Section 15000) of Division 6.
12806. The department may refuse to issue to, or renew a driver's
license of, any person:
(a) Who is rendered incapable of safely operating a motor vehicle
because of alcoholism, excessive and chronic use of alcoholic
beverages, or addiction to, or habitual use of, any drug.
(b) Who is addicted to the use of narcotic drugs unless the person
is participating in a narcotic treatment program approved pursuant
to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3
of Division 10.5 of the Health and Safety Code, in which case the
person may be issued a probationary license, subject to reasonable
terms and conditions, if that drug usage does not affect the person's
ability to exercise reasonable and ordinary control in operating a
motor vehicle on the highway.
(c) Who has a disorder characterized by lapses of consciousness or
who has experienced, within the last three years, either a lapse of
consciousness or an episode of marked confusion caused by any
condition which may bring about recurrent lapses, or who has any
physical or mental disability, disease, or disorder which could
affect the safe operation of a motor vehicle unless the department
has medical information which indicates the person may safely operate
a motor vehicle. In making its determination, the department may
rely on any relevant information available to the department.
12806.5. The department may adopt regulations specifying, in
addition to any cause provided by statute, the circumstances which
are grounds for the suspension or revocation of a schoolbus, school
pupil activity, youth busdriver, farm labor vehicle, or general
public paratransit vehicle certificate.
12807. The department shall not issue or renew a driver's license
to any person:
(a) When a license previously issued to the person under this code
has been suspended until the expiration of the period of the
suspension, unless cause for suspension has been removed.
(b) When a license previously issued to the person under this code
has been revoked until the expiration of one year after the date of
the revocation, except where a different period of revocation is
prescribed by this code, or unless the cause for revocation has been
removed.
(c) When the department has received a notice pursuant to Section
40509 or 40509.5, unless the department has received a certificate as
provided in those sections.
12808. (a) The department shall, before issuing or renewing any
license, check the record of the applicant for conviction of traffic
violations and traffic accidents.
(b) The department shall, before issuing or renewing any license,
check the record of the applicant for notices of failure to appear in
court filed with it and shall withhold or shall not issue a license
to any applicant who has violated his or her written promise to
appear in court unless the department has received a certificate
issued by the magistrate or clerk of the court hearing the case in
which the promise was given showing that the case has been
adjudicated or unless the applicant's record is cleared as provided
in Chapter 6 (commencing with Section 41500) of Division 17. In lieu
of the certificate of adjudication, a notice from the court stating
that the original records have been lost or destroyed shall permit
the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section
40509, 40509.1, or 40509.5, except subdivision (c) of Section
40509.5, that has been on file five years may be removed from the
department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of
Section 40509.5 that has been on file 10 years may be removed from
the department records and destroyed at the discretion of the
department.
(d) This section shall become operative on January 1, 2011.
12808.1. The department shall refuse to issue or renew any license
if the applicant has been mailed a notice of delinquent parking
violation relating to standing or parking, the processing agency has
filed or electronically transmitted to the department an itemization
of unpaid parking penalties, including administrative fees pursuant
to Section 40220, and the applicant has not paid the parking penalty
and administrative fee pursuant to Section 40211, unless he or she
pays to the department, at the time of application, the full amount
of all outstanding parking penalties and administrative fees, as
shown by records of the department.
12809. The department may refuse to issue or renew a driver's
license to any person:
(a) If the department is satisfied that the applicant is not
entitled to the license under this code.
(b) If the applicant has failed to furnish the department the
information required in the application or reasonable additional
information requested by the department.
(c) If the department determines that the applicant has made or
permitted unlawful use of any driver's license.
(d) If the department determines that the person has knowingly
used a false or fictitious name in any application for a license or
has impersonated another in making application or in taking any test,
or has knowingly made a false statement or knowingly concealed a
material fact, or otherwise committed any fraud in any application.
(e) If the department determines that the applicant is a negligent
or incompetent operator of a motor vehicle.
(f) If the applicant is convicted of any offense involving the
transportation for purpose of sale, or the transportation for
compensation, of a controlled substance under Division 10 (commencing
with Section 11000) of the Health and Safety Code, and the
commission of the offense involved the use or operation of a motor
vehicle.
If, however, the driving privilege of the applicant is on
probation for a cause related to the use or possession of a narcotic
controlled substance, the department may refuse to issue or renew a
driver's license to the applicant if the applicant is subsequently
convicted of any offense involving the use or possession of a
narcotic controlled substance, whether or not the commission of the
offense involved the use or operation of a motor vehicle.
The maximum period of time for which the department may refuse to
issue or renew a driver's license to any person pursuant to this
subdivision shall be three years from the date of conviction.
(g) If the applicant fails or refuses to surrender to the
department, upon its lawful demand, a nonresident minor's certificate
which has been canceled.
(h) If the applicant has failed to appear regarding a citation
issued for vehicle abandonment as specified in Section 22523.
(i) This section shall become operative on July 1, 1989.
12810. In determining the violation point count, the following
shall apply:
(a) A conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
(b) A conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
(c) A conviction of reckless driving shall be given a value of two
points.
(d) (1) A conviction of a violation of subdivision (b) of Section
191.5 or subdivision (c) of Section 192 of the Penal Code, or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651,
subdivision (b) of Section 22348, subdivision (a) or (c) of Section
23109, Section 23109.1, or Section 31602 of this code, shall be given
a value of two points.
(2) A conviction of a violation of subdivision (a) or (b) of
Section 23140 shall be given a value of two points.
(e) A conviction of a violation of Section 14601, 14601.1,
14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic
conviction involving the safe operation of a motor vehicle upon the
highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the
department to be responsible shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall
be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of
subdivision (b) of Section 40001 shall not result in a violation
point count being given to the driver if the driver is not the owner
of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of
subdivision (b) of Section 12814.6, subdivision (a) of Section 21116,
Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall
not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not
result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation
point count.
(5) A violation of Section 38301, 38301.3, 38301.5, 38304.1, or
38504.1 shall not result in a violation point count.
(j) A conviction for only one violation arising from one occasion
of arrest or citation shall be counted in determining the violation
point count for the purposes of this section.
12810.2. Notwithstanding subdivision (e) of Section 12810, no
violation point count shall be given for a conviction of a violation
of Section 27315.
12810.3. Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
12810.4. Notwithstanding any other provision of law, no violation
point shall be given for a conviction of a violation of Section
22526.
12810.5. (a) Except as otherwise provided in subdivision (b), a
person whose driving record shows a violation point count of four or
more points in 12 months, six or more points in 24 months, or eight
or more points in 36 months shall be prima facie presumed to be a
negligent operator of a motor vehicle. In applying this subdivision
to a driver, if the person requests and appears at a hearing
conducted by the department, the department shall give due
consideration to the amount of use or mileage traveled in the
operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons
holding certificates pursuant to Section 12517, 12519, 12523,
12523.5, or 12527, or an endorsement issued pursuant to paragraph (2)
or (5) of subdivision (a) of Section 15278, who is presumed to be a
negligent operator pursuant to subdivision (a), and who requests and
appears at a hearing and is found to have a driving record violation
point count of six or more points in 12 months, eight or more points
in 24 months, or 10 or more points in 36 months is presumed to be a
prima facie negligent operator. However, the higher point count does
not apply if the department reasonably determines that four or more
points in 12 months, six or more points in 24 months, or eight or
more points in 36 months are attributable to the driver's operation
of a vehicle requiring only a class C license, and not requiring a
certificate or endorsement, or a class M license.
(2) For purposes of this subdivision, each point assigned pursuant
to Section 12810 shall be valued at one and one-half times the value
otherwise required by that section for each violation reasonably
determined by the department to be attributable to the driver's
operation of a vehicle requiring a class A or class B license, or
requiring a certificate or endorsement described in this section.
(c) The department may require a negligent operator whose driving
privilege is suspended or revoked pursuant to this section to submit
proof of financial responsibility, as defined in Section 16430, on or
before the date of reinstatement following the suspension or
revocation. The proof of financial responsibility shall be maintained
with the department for three years following that date of
reinstatement.
12811. (a) (1) (A) When the department determines that the
applicant is lawfully entitled to a license, it shall issue to the
person a driver's license as applied for. The license shall state the
class of license for which the licensee has qualified and shall
contain the distinguishing number assigned to the applicant, the date
of expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
(B) Each license shall also contain a space for the endorsement of
a record of each suspension or revocation thereof.
(C) The department shall use whatever process or processes, in the
issuance of engraved or colored licenses, that prohibit, as near as
possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.
(2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
"provisional until age 18."
(b) (1) On and after July 1, 2011, an application for an original
or renewal driver's license or identification card shall contain a
space for the applicant to enroll in the Donate Life California Organ
and Tissue Donor Registry. The application shall include check boxes
for an applicant to mark either (A) Yes, add my name to the donor
registry or (B) I do not wish to register at this time.
(2) The department shall inquire verbally of an applicant applying
in person for an original or renewal driver's license or
identification card at a department office as to whether the
applicant wishes to enroll in the Donate Life California Organ and
Tissue Donor Registry. Failure or refusal to answer this question or
check a box on the application form shall not be a basis for the
department to deny an applicant a driver's license or identification
card.
(3) The following language shall be included with the question
required by paragraph (1):
"Marking 'Yes' adds your name to the Donate Life California Organ
and Tissue Donor Registry and a pink 'donor' dot will appear on your
license. If you wish to remove your name from the registry you must
contact Donate Life California (see back); DMV can remove the pink
dot from your licenses but cannot remove you from the registry."
(4) The back of the application shall contain the following
statement:
"If, on the front of this form, you marked 'Yes' to register as an
organ and tissue donor you are legally authorizing the recovery of
organs and tissues in the event of your death. Registering as a donor
will not affect your medical treatment in any way. As outlined in
the California Anatomical Gift Act, your authorization is legally
binding and, unless the donor is under 18 years of age, your decision
does not require the consent of any other person. For registered
donors under 18 years of age, the legal guardian shall make the final
donation decision. You may limit your donation to specific organs or
tissues, place usage restrictions, for example transplantation or
research, obtain more information about donation, or remove your name
from the registry on the Internet Web site of Donate Life
California: www.donateLIFEcalifornia.org."
(5) Notwithstanding any other provision of law, a person under 18
years of age may register as a donor. However, the legal guardian of
that person shall make the final decision regarding the donation.
(6) The department shall collect donor designation information on
all applications for an original or renewal driver's license or
identification card.
(7) The department shall print the word "DONOR" or another
appropriate designation on the face of a driver's license or
identification card to a person who has indicated on the application
his or her intent to enroll in the organ donation program pursuant to
this section.
(8) On a weekly basis, the department shall electronically
transmit to Donate Life California, a nonprofit organization
established and designated as the California Organ and Tissue Donor
Registrar pursuant to Section 7150.90 of the Health and Safety Code,
all of the following information from every application that
indicates the applicant's decision to enroll in the organ donation
program:
(A) His or her true full name.
(B) His or her residence or mailing address.
(C) His or her year of birth.
(D) His or her California driver's license number or
identification card number.
(9) (A) A person who applies for an original or renewal driver's
license or identification card may designate a voluntary contribution
of two dollars ($2) for the purpose of promoting and supporting
organ and tissue donation. This contribution shall be collected by
the department, and treated as a voluntary contribution to Donate
Life California and not as a fee for the issuance of a driver's
license or identification card.
(B) The department may use the donations collected pursuant to
this paragraph to cover its actual administrative costs incurred
pursuant to paragraphs (6) to (8), inclusive. The department shall
deposit all revenue derived pursuant to this paragraph and remaining
after the department's deduction for administrative costs in the
Donate Life California Trust Subaccount, that is hereby created in
the Motor Vehicle Account in the State Transportation Fund.
Notwithstanding Section 13340 of the Government Code, all revenue in
this subaccount is continuously appropriated, without regard to
fiscal years, to the Controller for allocation to Donate Life
California and shall be expended for the purpose of increasing
participation in organ donation programs.
(C) The department shall transmit to the Donate Life California
Organ and Tissue Donor Registry and the appropriate policy and fiscal
committees of the Legislature an annual report, and shall make
available quarterly updates, detailing funds collected through
voluntary contributions as well as a summary of applicants, including
all of the following nonidentifiable information:
(i) Date of application.
(ii) Method of application (field office, online, or mail).
(iii) Donor registration status.
(iv) Zip code.
(v) Gender.
(vi) Year of birth.
(D) (i) The annual report to be submitted to the appropriate
policy and fiscal committees of the Legislature pursuant to
subparagraph (C) shall be submitted in compliance with Section 9795
of the Government Code.
(ii) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting the annual report to the appropriate
policy and fiscal committees of the Legislature imposed under
subparagraph (C) is inoperative four years after the date the first
annual report is due.
(10) The enrollment form shall be posted on the Internet Web sites
for the department and the California Health and Human Services
Agency.
(11) The enrollment shall constitute a legal document pursuant to
the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code) and
shall remain binding after the donor's death despite any express
desires of next of kin opposed to the donation. Except as provided in
paragraph (5) of subdivision (b), the donation does not require the
consent of any other person.
(12) Donate Life California shall ensure that all additions and
deletions to the California Organ and Tissue Donor Registry,
established pursuant to Section 7150.90 of the Health and Safety
Code, shall occur within 30 days of receipt.
(13) Information obtained by Donate Life California for the
purposes of this subdivision shall be used for these purposes only
and shall not be disseminated further by Donate Life California.
(c) A public entity or employee shall not be liable for loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
(d) A contract shall not be awarded to a nongovernmental entity
for the processing of driver's licenses, unless the contract conforms
to all applicable state contracting laws and all applicable
procedures set forth in the State Contracting Manual.
(e) This section shall become operative on July 1, 2006.
12811.1. (a) Upon the applicant's request, the department shall
issue an adhesive backed medical information card which contains a
format permitting the licensee to specify blood type, allergies, past
or present medical problems, any medication being taken, the name of
the licensee's doctor, the person to notify in case of an emergency,
and whether the licensee is under a doctor's care.
(b) The medical information card, which shall be a different color
than the anatomical gift card authorized by Section 12811, shall be
the same size as a driver's license.
12812. If a driver with a class C or M license, who is not required
to have a certificate under any provision of this code, is presumed
to be a negligent operator pursuant to Section 12810.5, the
department may, as a condition of probation, issue a restricted
driver's license to permit driving of a vehicle while in the course
of the driver's employment during specified hours of employment or
any other restrictions as determined by the department. The
restrictions shall be noted on the driver's license.
12813. (a) The department may, upon issuing a driver's license or
after issuance whenever good cause appears, impose restrictions
suitable to the licensee's driving ability with respec