16070-16078
VEHICLE CODE
SECTION 16070-16078
16070. (a) Whenever a driver involved in an accident described in
Section 16000 fails to provide evidence of financial responsibility,
as required by Section 16020, at the time of the accident, the
department shall, pursuant to subdivision (b), suspend the privilege
of the driver or owner to drive a motor vehicle, including the
driving privilege of a nonresident in this state.
(b) Whenever the department receives an accident report pursuant
to this article that alleges that any of the drivers involved in the
accident was not in compliance with Section 16020 at the time of the
accident, the department shall immediately mail to that driver a
notice of intent to suspend the driving privilege of that driver. The
department shall suspend the driving privilege 30 days after mailing
the notice, unless the driver has, prior to that date, established
evidence of financial responsibility at the time of the accident, as
specified in Section 16021, with the department. The suspension
notice shall notify the driver of the action taken and the right to a
hearing under Section 16075.
16071. The department shall suspend the driving privilege of any
person upon receiving notice from another state that the person's
driving privilege in that state has been suspended for failure to
meet the financial responsibility provisions of the law in that
state, if the suspension in that state was taken on grounds that
would have resulted in a suspension in this state.
16072. (a) The suspension of the driving privilege of a person as
provided in Section 16070 shall not be terminated until one year has
elapsed from the date of actual commencement of the suspension and
until the person files proof of financial responsibility as provided
in Chapter 3 (commencing with Section 16430), except that the
suspension shall be reinstated if the person fails to maintain proof
of financial responsibility for three years. However, in lieu of
suspending a person's driving privilege pursuant to this section, the
department, upon application, if the person files and thereafter
maintains proof of financial responsibility as provided in this
section and pays a penalty fee to the department of two hundred fifty
dollars ($250), may restrict the person's driving privilege to any
of the following situations:
(1) Necessary travel to and from that person's place of
employment.
(2) Driving that is required in the person's course of employment,
when driving a motor vehicle is necessary in order to perform the
duties of the person's primary employment.
(3) Necessary travel to transport a minor dependent in that person'
s immediate family to and from an institute of primary or secondary
instruction, if the chief administrative officer or principal of the
educational institution certifies in writing to the department that
the minor dependent is enrolled in the educational institution and no
form of public transportation or schoolbus is available between the
applicant's place of residence and the educational institution.
The restriction shall remain in effect for the period of
suspension required by this section, so long as proof of financial
responsibility is maintained.
(b) If a suspension has been imposed under Section 16070 and one
year has elapsed from the date the suspension actually commenced,
that suspension shall be terminated if the driving privilege is
suspended under Section 16370 or 16381 as the result of a judgment
arising out of the accident for which proof of financial
responsibility was required to be established. The department may
reimpose the suspension of the driving privilege of a person under
Section 16070 if the suspension under Section 16370 or 16381 is later
set aside for a reason other than that the person has satisfied the
judgment in full or to the extent provided in Chapter 2 (commencing
with Section 16250) and has given proof of ability to respond in
damages as provided in Chapter 3 (commencing with Section 16430).
(c) Notwithstanding Chapter 2 (commencing with Section 42200) of
Division 18, all revenues derived from the penalty fees provided in
subdivision (a) shall, after deduction by the department of the costs
incurred by the department in administering this section, be
deposited in the Financial Responsibility Penalty Account in the
General Fund. The balance in this fund on each July 1, which is not
subject to appropriation as provided in Section 12980 of the
Insurance Code, shall revert to the General Fund.
(d) (1) Subdivision (a) does not apply to a commercial driver's
license holder.
(2) A commercial driver's license holder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver's license and is issued a noncommercial class C or
M driver's license.
16073. (a) The privilege of a person employed for the purpose of
driving a motor vehicle for compensation whose occupation requires
the use of a motor vehicle in the course of his or her employment to
drive a motor vehicle not registered in his or her name and in the
course of that person's employment may not be suspended under this
chapter even though his or her privilege to drive is otherwise
suspended under this chapter.
(b) Subdivision (a) does not apply to a commercial driver's
licenseholder. A commercial driver's licenseholder whose driving
privilege is otherwise suspended under this chapter may not operate a
commercial motor vehicle.
(c) This section shall become operative on September 20, 2005.
16074. Whenever the department has taken any action or has failed
to take any action under this chapter by reason of having received
erroneous information, or by reason of having received no
information, it shall take appropriate action to carry out the
purposes and effect of this chapter upon receiving correct
information.
16075. (a) The suspension provisions of this article shall not
apply to a driver or owner until 30 days after the department sends
to the driver or owner notice of its intent to suspend his or her
driving privilege, pursuant to subdivision (b) of Section 16070, and
advises the driver or owner of his or her right to a hearing as
hereinafter provided.
(b) If the driver or owner receiving the notice of intent to
suspend wishes to have a hearing, the request for a hearing shall be
made in writing to the department within 10 days of the receipt of
the notice. Failure to respond to a notice of intent within 10 days
of receipt of the notice is a waiver of the person's right to a
hearing.
(c) If the driver or owner makes a timely request for a hearing,
the department shall hold the hearing before the effective date of
the suspension to determine the applicability of this chapter to the
driver or owner, including a determination of whether:
(1) The accident has resulted in property damage in excess of
seven hundred fifty dollars ($750), or bodily injury, or death.
(2) The driver or owner has established financial responsibility,
as provided in Article 3 (commencing with Section 16050), was in
effect at the time of the accident.
(d) A request for a hearing does not stay the suspension of a
person's driving privilege. However, if the department does not
conduct a hearing and make a determination pursuant thereto within
the time limit provided in subdivision (b) of Section 16070, the
department shall stay the effective date of the order of suspension
pending a determination.
(e) The hearing provided for by this section shall be held in the
county of residence of the person requesting the hearing. The hearing
shall be conducted pursuant to Article 3 (commencing with Section
14100) of Chapter 3 of Division 6.
(f) The department shall render its decision within 15 days after
conclusion of the hearing.
16076. (a) The department shall notify every person whose driving
privilege is suspended, pursuant to Section 16070, of that person's
right to apply for a restricted driving privilege authorized under
Section 16072.
(b) For purposes of subdivision (a), the department shall prepare
and publish a printed summary. The printed summary may contain, but
is not limited to, the following wording:
"If your driving privilege is suspended due to involvement in an
accident while you were uninsured, you may apply for a restricted
license at any office of the Department of Motor Vehicles,
accompanied with proof of financial responsibility, payment of a
penalty fee of two hundred fifty dollars ($250), and, unless already
paid, payment of a reissuance fee.
The Mello-McAlister Restricted Employment Driving Privilege Act
allows you to apply for a driver's license limiting you to driving to
and from work, and during the course of your primary employment,
during the one-year mandatory term of suspension. The restricted
license will not be issued if any other suspension or revocation
action has been taken against your driving privilege."
(c) This section shall be known and may be cited as the
Mello-McAlister Restricted Employment Driving Privilege Act.
16077. (a) The department, upon application and payment of a fifty
dollar ($50) fee and a penalty fee of two hundred dollars ($200), may
issue a restricted license to an applicant with serious health
problems, or to an applicant with an immediate family member with
serious health problems, when the applicant's privilege to drive is
otherwise suspended under this chapter. The restricted license may be
issued to enable the applicant to drive a motor vehicle for the
purpose of receiving medical or mental health treatments of a
prolonged and repetitive nature for the applicant or the member of
the applicant's immediate family with serious health problems, if the
applicant files and maintains proof of financial responsibility on
file with the department pursuant to Section 16021 and there is no
other suitable means of transportation available.
(b) The application shall set forth the nature of the health
problem, the nature of the treatments, the duration and location of
the treatments, and the schedule for visits. The applicant shall
submit documentation signed by the treating physician and surgeon or
licensed psychotherapist, as defined in subdivisions (a), (b), (c),
and (e) of Section 1010 of the Evidence Code, as necessary to assist
the department in its decision to grant or deny the restricted
license. Upon reviewing the application, the department may determine
that an investigation as to the person's fitness to operate a motor
vehicle is warranted. If the department makes this determination, the
department may conduct an investigation in a manner provided for in
Chapter 3 (commencing with Section 13800) of Division 6.
(c) In reviewing the application, the department shall give due
consideration to the circumstances set forth in the application and
shall be guided by principles of fairness and humanity.
(d) Notwithstanding Chapter 2 (commencing with Section 42200) of
Division 18, all revenues derived from the penalty fees provided in
subdivision (a) shall, after deduction by the department of the costs
incurred by the department in administering this section, be
deposited in the Financial Responsibility Penalty Account in the
General Fund.
(e) (1) Subdivision (a) does not apply to a commercial driver's
license holder.
(2) A commercial driver's license holder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license unless that person surrenders his or her
commercial driver's license and is issued a noncommercial class C or
M driver's license.
16078. Any person who has paid the penalty fee prescribed in
subdivision (a) of Section 16072, whether or not the person has
received the license restriction authorized by that section, may also
apply for and receive a restricted license under Section 16077
without paying the fees prescribed in Section 16077. Any person who
has paid the fees prescribed in subdivision (a) of Section 16077,
whether or not the person has received the restricted license
authorized by that section, may also apply for and receive the
license restriction prescribed in Section 16072.