1650-1685
VEHICLE CODE
SECTION 1650-1685
1650. The director shall administer and enforce the provisions of
this code relating to the department.
1651. (a) The director may adopt and enforce rules and regulations
as may be necessary to carry out the provisions of this code relating
to the department.
(b) Rules and regulations shall be adopted, amended, or repealed
in accordance with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
1651.2. Whenever in the judgment of the department, any person has
engaged, or is about to engage, in any acts or practices that
constitute, or will constitute, an offense against Division 5
(commencing with Section 11100) by engaging in any act subject to
license requirements without having obtained a license, the
department may apply to the appropriate court for an order enjoining
the acts or practices, and, upon showing by the department that the
person has engaged, or is about to engage, in any of those acts or
practices, an injunction, restraining order, or other order that may
be appropriate shall be granted by the court, including the costs
incurred by the department in obtaining the order.
1651.3. It is the policy of this state to recognize the training
and experience that individuals gain while serving in the armed
forces of the United States. In furtherance of this policy, the
department, in conjunction with the military services of the United
States, shall develop policies to assist persons who are leaving
active duty to obtain commercial driver's licenses. These policies
shall not waive any requisites, fees, or examinations required by law
for a commercial driver's license. These policies shall specify how
this training and experience may be used to obtain these licenses.
The department shall consult with the Department of Veterans Affairs
before adopting these policies. The department shall perform the
duties required by this section within existing budgetary resources
of the agency within which the department operates.
1651.5. (a) The director may assign or reassign dates for the
expiration of registration for a vehicle registered pursuant to this
code. The director may establish a registration year for any vehicle
consisting of any period from seven months to 18 months, inclusive,
with subsequent renewals being required at yearly intervals
thereafter. The director shall assign an expiration date of the last
day of the calendar month to all trailers and to all motor vehicles
subject to additional fees under the provisions of Section 9400. Any
vehicle being registered on a quarterly basis shall be assigned or
reassigned an expiration date of December 31 for the registration
year. The director shall have the authority to exclude from
year-round registration any type of vehicle that the director deems
appropriate for exclusion.
(b) In order to implement a year-round registration for vehicles
registered pursuant to the International Registration Plan as
described in Article 4 (commencing with Section 8050) of Chapter 4 of
Division 3, the director, on or before January 1, 2009, shall assign
or reassign a date for the expiration of registration of those
vehicles described in this subdivision and may utilize the applicable
practices and procedures set forth under subdivision (a) in order to
implement this subdivision.
1652. (a) The department shall prescribe and provide suitable forms
of applications, certificates of ownership, registration cards,
drivers' licenses, and all other forms requisite or deemed necessary
for the purposes of this code and shall prepay all transportation
charges thereon.
(b) The department may require that any application or document
filed with the department be signed and submitted under penalty of
perjury.
1653. The department shall examine and determine the genuineness
and regularity of every application or document filed with it under
this code and may require additional information or reject any such
application or document if not satisfied of the genuineness and
regularity thereof or the truth of any statement contained therein.
1653.5. (a) Every form prescribed by the department for use by an
applicant for the issuance or renewal by the department of a driver's
license or identification card pursuant to Division 6 (commencing
with Section 12500) shall contain a section for the applicant's
social security account number.
(b) Every form prescribed by the department for use by an
applicant for the issuance, renewal, or transfer of the registration
or certificate of title to a vehicle shall contain a section for the
applicant's driver's license or identification card number.
(c) A person who submits to the department a form that, pursuant
to subdivision (a), contains a section for the applicant's social
security account number, or pursuant to subdivision (b), the
applicant's driver's license or identification card number, if any,
shall furnish the appropriate number in the space provided.
(d) The department shall not complete an application that does not
include the applicant's social security account number or driver's
license or identification card number as required under subdivision
(c).
(e) An applicant's social security account number shall not be
included by the department on a driver's license, identification
card, registration, certificate of title, or any other document
issued by the department.
(f) Notwithstanding any other provision of law, information
regarding an applicant's social security account number, obtained by
the department pursuant to this section, is not a public record and
may not be disclosed by the department except for any of the
following purposes:
(1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
(Aid to Families with Dependent Children), or Part D (Child Support
and Establishment of Paternity), of Subchapter IV of Chapter 7 of
Title 42 of the United States Code.
(2) Implementation of Section 12419.10 of the Government Code.
(3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.
1654. The director may purchase or lease such real estate and erect
such buildings as the department or any of its divisions require,
subject to the approval of the Department of General Services.
1655. (a) The director and deputy director of the department, the
Deputy Director, Investigations Division, the Chief, Field
Investigations Branch, and the investigators of the department,
including rank-and-file, supervisory, and management personnel, shall
have the powers of peace officers for the purpose of enforcing those
provisions of law committed to the administration of the department
or enforcing the law on premises occupied by the department.
(b) Any person designated in subdivision (a) may inspect any
vehicle of a type required to be registered under this code, or any
component part thereof, in any garage, repair shop, parking lot, used
car lot, automobile dismantler's lot, steel mill, scrap metal
processing facility, or other establishment engaged in the business
of selling, repairing, or dismantling vehicles, or reducing vehicles
or the integral parts thereof to their component materials for the
purpose of investigating the title and registration of the vehicle,
inspecting wrecked or dismantled vehicles, or locating stolen
vehicles.
1656. (a) The department shall publish the complete text of the
California Vehicle Code together with other laws relating to the use
of highways or the operation of motor vehicles once every two years.
The department, upon written request of any state or local
governmental officer or agency, any federal agency, any public
secondary school in this state, or any other person, shall distribute
the California Vehicle Code at a charge sufficient to pay the entire
cost of publishing and distributing the code. With regard to public
secondary schools, the quantities shall be sufficient to provide one
copy for each driver training and education instructor and one copy
for each public secondary school library. In determining the amount
of the charge, a fraction of a dollar shall be disregarded, unless it
exceeds fifty cents ($0.50), in which case it shall be treated as
one full dollar ($1). The receipts from the sale of such publications
shall be deposited in the Motor Vehicle Account, with the intent to
reimburse the department for the entire cost to print and distribute
the Vehicle Code.
(b) The department shall publish a synopsis or summary of the laws
regulating the operation of vehicles and the use of the highways and
may deliver a copy thereof without charge with each original vehicle
registration and with each original driver's license. The department
shall publish such number of copies of the synopsis or summary in
the Spanish language as the director determines are needed to meet
the demand for such copies. The department shall furnish both English
and Spanish copies to its field offices and to law enforcement
agencies for general distribution and, when it does so, shall furnish
the copies without charge.
1656.2. The department shall prepare and publish a printed summary
describing the penalties for noncompliance with Sections 16000 and
16028, which shall be included with each motor vehicle registration,
registration renewal, and transfer of registration and with each
driver's license and license renewal. The printed summary may
contain, but is not limited to, the following wording:
"IMPORTANT FACTS ABOUT ENFORCEMENT OF CALIFORNIA'S COMPULSORY
FINANCIAL RESPONSIBILITY LAW
California law requires every driver to carry written evidence of
valid automobile liability insurance, a thirty-five thousand dollar
($35,000) bond, a thirty-five thousand dollar ($35,000) cash deposit,
or a certificate of self-insurance that has been issued by the
Department of Motor Vehicles.
You must provide evidence of financial responsibility when you
renew the registration of a motor vehicle, and after you are cited by
a peace officer for a traffic violation or are involved in any
traffic accident. The law requires that you provide the officer with
the name and address of your insurer and the policy identification
number. Your insurer will provide written evidence of this number.
Failure to provide evidence of your financial responsibility can
result in fines of up to five hundred dollars ($500) and loss of your
driver's license. Falsification of evidence can result in fines of
up to seven hundred fifty dollars ($750) or 30 days in jail, or both,
in addition to a one-year suspension of driving privileges.
Under existing California law, if you are involved in an accident
that results in damages of over seven hundred fifty dollars ($750)
to the property of any person or in any injury or fatality, you must
file a report of the accident with the Department of Motor Vehicles
within 10 days of the accident. If you fail to file a report or fail
to provide evidence of financial responsibility on the report, your
driving privilege will be suspended for up to four years. Your
suspension notice will notify you of the department's action and of
your right to a hearing. Your suspension notice will also inform you
that if you request a hearing, it must be conducted within 30 days of
your written request, and that a decision is to be rendered within
15 days of the conclusion of the hearing."
1656.3. (a) The department shall include within the California
Driver's Handbook, as specified in subdivision (b) of Section 1656,
language regarding each of the following:
(1) Rail transit safety.
(2) Abandonment or dumping of any animal on a highway.
(3) The importance of respecting the right-of-way of others,
particularly pedestrians, bicycle riders, and motorcycle riders.
(b) In order to minimize costs, the language referred to in
paragraphs (2) and (3) of subdivision (a) shall be initially included
at the earliest opportunity when the handbook is otherwise revised
or reprinted.
1656.4. (a) The department, in consultation with the Department of
Consumer Affairs, shall make available on its Internet web site, on
or before July 1, 1997, information to assist consumers who plan to
purchase a vehicle or who have purchased a vehicle. The information
shall, at a minimum, contain the names, addresses, electronic
addresses, and telephone numbers of all of the following:
(1) State and federal government agencies that deal with consumer
affairs and vehicles.
(2) Vehicle arbitration services.
(3) Consumer organizations that provide information and direct
assistance to consumers with vehicle concerns.
(b) Money deposited in the Consumer Fraud Protection Program Fund
shall be available, upon appropriation by the Legislature, for the
consumer protection activities of the department, including, but not
limited to, expenditures by the department to comply with the
requirements specified in subdivision (a).
1656.5. (a) The Legislature finds that the department, by virtue of
its interaction with millions of California drivers and vehicle
owners each year, represents a valuable resource for the disbursement
of important public safety and consumer information.
(b) The department may enter into a contract with a private vendor
for the purpose of acquiring and utilizing message display systems.
These systems may be used on the department's mailings or other
property owned, leased, or controlled by the department. The
information displayed shall be of appropriate benefit to the motoring
public and the state's consumers, as determined by the department.
(c) A vendor under contract with the department may utilize a
portion of the available time and space on the display systems that
it provides for the purpose of advertising products or services. The
advertising on a message display system shall not exceed 15 minutes
in a 60-minute period. The extent of the access shall be established
under the terms of the contract.
(d) The department shall determine whether a vendor's advertised
product or service is consistent with and appropriate to the best
interests of the motoring public. The department shall not enter into
a contract with a vendor whose advertised product or service the
department determines is not consistent with or appropriate to the
best interests of the motoring public.
1657. The director may assign qualified employees of the department
to advise with the State Board of Education and with the governing
boards of districts maintaining secondary schools in the preparation,
establishment, and conduct of courses in automobile driver education
and automobile driver training in secondary schools under the
provisions of the Education Code.
1658. The department may pay membership fees, join, and participate
in affairs of associations having for their purpose the interchange
of information relating to the registration of vehicles and the
issuance of operators' licenses, financial responsibility, and
subjects relating to highway safety and to the powers and duties of
the department.
1659. The department may develop criteria, establish standards for,
and coordinate a program of motor vehicle driver education and motor
vehicle driver training for drivers whose licenses have been
suspended or revoked.
The purpose of the program shall be to promote safe driving. To
carry out this purpose the department may seek the advice or
cooperation of the schools, courts, and other interested persons.
1659.9. (a) Upon the receipt of funds from the Office of Traffic
Safety in the Business, Transportation and Housing Agency for a pilot
study on the use of a three-tier assessment system for driver's
license referral and in-office renewal candidates, the department
shall conduct the pilot study to determine the effectiveness of the
three-tier assessment system in identifying functional impairments,
reducing crashes, and prolonging safe driving years of all drivers
regardless of age.
(b) The three-tier assessment system specified in subdivision (a)
shall consist of all of the following:
(1) (A) Except as provided in subparagraph (B), a first tier
consisting of relatively short, easy to administer screening tests to
detect drivers who may have a condition that impairs their driving
ability.
(B) Upon the receipt of a request for a reexamination issued
pursuant to Section 21061, receipt of a report from a local health
officer issued pursuant to subdivision (b) of Section 103900 of the
Health and Safety Code, or receipt of information from a family
member under Section 13803, the department shall, at a minimum,
conduct a vision and behind-the-wheel driving test.
(2) A second tier consisting of tests that are sufficiently
complex to more closely simulate driving conditions that would
distinguish persons who may be impaired from those who are actually
impaired for driving-related tasks.
(3) A third tier consisting of an area driving performance
evaluation for candidates who demonstrate considerable limitation
based on the first two tiers.
(c) Notwithstanding Section 7550.5 of the Government Code, the
department on or before December 31, 2011, shall submit to the
Legislature a final report of the pilot study that contains all of
the following:
(1) A projection of the costs associated with the area driving
performance evaluation.
(2) A determination of the willingness of a participant to pay a
fee for the area driving performance evaluation.
(3) A determination of the percentage of drivers who were assessed
to have a limitation, but who, upon completion of the assessment,
were able to retain their driving privileges.
(4) The utilization a of certified driving rehabilitation
specialist.
(5) The results regarding crash rates and retention of driving
privileges.(d) This section shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
1660. (a) Any institution or organization described in subdivision
(o) of Section 286 shall keep the following records for not less than
three years:
(1) The name and address of each vehicle donor and the year, make,
vehicle identification number, and, if available, the license plate
number of the donated vehicle.
(2) An itemized listing by vehicle identification number of the
date each vehicle was donated, the date sold, and the amount for
which it was sold.
(3) If the donated vehicle is being sold by an institution or
organization on behalf of another institution or organization
pursuant to paragraph (2) of subdivision (o) of Section 286, the
following documentation shall be retained in the following manner:
(A) A signed, written agreement shall remain on the premises that
identifies the percentage of the proceeds that may be retained by the
selling institution or organization, a statement that each vehicle
meets, or, unless sold at wholesale, by the time of sale will meet,
the equipment requirements of Division 12 (commencing with Section
24000), and a statement that each vehicle is in compliance, or,
unless sold at wholesale, at the time of sale will be in compliance,
with emission control certification requirements pursuant to
subdivision (b) of Section 44015 of the Health and Safety Code.
(B) A separate listing that identifies each vehicle by year, make,
and vehicle identification number.
(C) All itemized listings pursuant to subparagraph (D) of
paragraph (2) of subdivision (o) of Section 286.
(D) The selling institution or organization shall retain all
documentation pertaining to the sale of vehicles on behalf of another
institution or organization in the same manner as is required for
the sale of vehicles donated to the selling institution or
organization.
(b) The department may inspect the records of any nonprofit
institution or organization that obtains donated vehicles in order to
ascertain whether it meets the conditions specified in subdivision
(o) of Section 286.
1661. (a) Except for vehicles registered pursuant to Article 5
(commencing with Section 9700) of Chapter 6 of Division 3, the
department shall notify the registered owner of each vehicle of the
date that the registration renewal fees of the vehicle are due, at
least 60 days prior to that due date. The fact that the required
notice was mailed shall be indicated by a notation in the department'
s records.
(b) The department shall include in any final notice of delinquent
registration provided to the registered owner of a vehicle whose
registration has not been properly renewed as required under this
code, information relating to the potential removal and impoundment
of that vehicle under subdivision (o) of Section 22651.
1662. Notwithstanding any other provision of law, the department
shall have no duty to investigate alleged violations of the
provisions of Chapter 3 (commencing with Section 11500) of Division 5
by any person defined as an "automobile dismantler" by subdivision
(b) of Section 220 and Section 221, unless notice of such alleged
violations has been given the department by the district attorney,
county counsel, city attorney, or other duly constituted law
enforcement agency.
1663. (a) The department shall, in the synopsis or summary of laws
regulating the operation of vehicles and the use of the highways
published under subdivision (b) of Section 1656, provide a warning
which states that, in certain accidents, the lack of a shoulder
harness may cause, or aggravate, serious and fatal injuries,
especially to the head, spinal column, and abdominal organs.
(b) Nothing in this section limits or impairs the rights or
remedies that are otherwise available to any person under existing
law.
1664. The department shall publicize the Safe Streets Act of 1994
when mailing vehicle registrations, driver's licenses, and driver's
license suspension and revocation notices, and in other educational
materials made available by the department.
1665. Notwithstanding any other provision of law, the department by
rule or regulation may provide for the issuance and renewal on a
two-year basis of licenses or other indicia of authority issued
pursuant to this code by the department or any agency in the
department.
The department may, by rule or regulation, set the fee for such
two-year license, certificate of registration, or other indicia, not
to exceed twice the annual fee for issuance or renewal set by
statute.
This section shall not apply to any driver's license or vehicle or
vessel license or certificate of registration issued pursuant to
this code.
1666. The department shall do all of the following:
(a) Include at least one question in each test of an applicant's
knowledge and understanding of the provisions of this code, as
administered pursuant to Section 12804 or 12814, to verify that the
applicant has read and understands the table of blood alcohol
concentration published in the Driver's Handbook made available
pursuant to subdivision (b) of Section 1656. In order to minimize
costs, the question or questions shall be initially included at the
earliest opportunity when the test is otherwise revised or reprinted.
(b) Include with each driver's license or certificate of renewal
and each vehicle registration renewal mailed by the department,
information that shows with reasonable certainty the amount of
alcohol consumption necessary for a person to reach a 0.08 percent
blood alcohol concentration by weight.
(c) Include at least one question in each test of an applicant's
knowledge and understanding of the provisions of this code as
administered pursuant to Section 12804 or 12814, to verify that the
applicant has read and understands the rights of pedestrians. In
order to minimize costs, the question or questions shall be initially
included at the earliest opportunity when the test is otherwise
revised or reprinted.
1666.1. Upon updating the California Driver's Handbook, the
department shall include at least one question in any of the
noncommercial driver's license examinations, as administered under
Section 12804.9, of an applicant's knowledge and understanding of
this code, to verify that the applicant has an understanding of the
risks and punishments associated with eluding a pursuing officer's
motor vehicle.
1666.5. The department shall include, on a rotating basis, at least
one question in at least 20 percent of the tests of an applicant's
knowledge and understanding of the provisions of this code, as
administered pursuant to Section 12803 or 12814, to verify that the
applicant has read and understands that the abandonment or dumping of
any animal is a criminal offense that can create a severe traffic
safety hazard.
1667. (a) As part of its motor vehicle registration and
registration renewal process, other than upon the initial
registration of a new motor vehicle, the department shall inform
motor vehicle owners of the vehicle smog indexing program. That
notice shall be in the form developed by the State Air Resources
Board in consultation with the department pursuant to subdivision (c)
of Section 44254 of the Health and Safety Code.
(b) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this section,
and on the January 1 following that date is repealed.
1668. (a) The department may provide fingerprint service to the
general public. When that service is provided, the department shall
charge a fee of not less than five dollars ($5) for each person
fingerprinted.
(b) Whenever the department submits the fingerprints of an
applicant for a license or certificate to the Department of Justice,
and is required to pay a fee pursuant to subdivision (e) of Section
11105 of the Penal Code, the department, without the necessity of
adopting regulations, shall charge the applicant a fee sufficient to
reimburse the department for that fee.
1669. It is the intent of the Legislature that the department
implement procedures to ensure, to the fullest extent permitted by
the resources made available to it, that any person who is requesting
services relating to registration of vessels or vehicles, or who is
applying for an original or renewal of a driver's license or
identification card, will not be required under normal circumstances
to wait in any one line for service longer than one-half hour during
the department's published or posted hours of operation. Every office
of the department shall have posted, at or near the entrance
thereto, its hours of operation.
1670. A licensee issued an occupational license by the department
and conducting more than one type of business from an established
place of business shall provide a clear physical division between the
types of business involving vehicles or their component parts. The
established place of business shall be open to inspection of the
premises, pertinent records, and vehicles by any peace officer during
business hours.
1671. (a) The established place of business of a dealer,
remanufacturer, remanufacturer branch, manufacturer, manufacturer
branch, distributor, distributor branch, automobile driving school,
or traffic violator school shall have an office and a dealer,
manufacturer, or remanufacturer shall also have a display or
manufacturing area situated on the same property where the business
peculiar to the type of license issued by the department is or may be
transacted. When a room or rooms in a hotel, roominghouse, apartment
house building, or a part of any single- or multiple-unit dwelling
house is used as an office or offices of an established place of
business, the room or rooms shall be devoted exclusively to and
occupied for the office or offices of the dealer, manufacturer,
manufacturer branch, remanufacturer, remanufacturer branch,
distributor, distributor branch, automobile driving school, or
traffic violator school, shall be located on the ground floor, and
shall be so constructed as to provide a direct entrance into the room
or rooms from the exterior of the building. A dealer who does not
offer new or used vehicles for sale at retail, a dealer who has been
issued an autobroker's endorsement to his or her dealer's license and
who does not also sell motor vehicles at retail, or a dealer who is
a wholesaler involved for profit only in the sale of vehicles between
licensed dealers, shall have an office, but a display area is not
required.
(b) The established place of business of an automobile dismantler
shall have an office and a dismantling area located in a zone
properly zoned for that purpose by the city or county.
1672. (a) The department shall make available, in the public area
of each office of the department where applications for driver's
licenses or identification cards are received, space for a sign or
notice briefly describing 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 information about the California Organ
and Tissue Donor Registry and about how private donations may be
made.
(b) The department shall make available to the public in its
offices a pamphlet or brochure providing more detailed information on
the California Organ and Tissue Donor Registry and information about
how private donations may be made.
(c) The signs, notices, pamphlets, and brochures specified in
subdivisions (a) and (b) shall be provided without cost to the
department by responsible private parties associated with the
anatomical gift program.
1672.3. (a) The director shall determine the date when the
department's inventory of driver's license and identification card
forms, as that inventory exists in accordance with the law in effect
on December 31, 1998, has been depleted.
(b) The director shall make written notification of the date
determined under subdivision (a) to the following persons:
(1) The Secretary of State.
(2) The Chair of the Senate Committee on Transportation.
(3) The Chair of the Assembly Committee on Transportation.
(c) The written notice required under subdivision (b) shall state
that it is being submitted in accordance with this section.
1672.5. For purposes of providing a means of identifying persons
who have elected to make an anatomical gift under the Uniform
Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of
Part 1 of Division 7 of the Health and Safety Code), the department
shall design the driver's licenses and identification cards in order
that a sticker may be affixed to the licenses and cards. The sticker
shall indicate a person's willingness to make an anatomical gift, and
shall be affixed with a substance that is resistant to any
unintentional removal.
1673. For the purposes of refunding the smog impact fee, as
prescribed in Sections 1673.2 and 1673.4, "registered owner or lessee"
means the person or persons to whom the registration or title was
issued when the transaction that included the imposition of the smog
impact fee under Chapter 3.3 (commencing with Section 6261) of Part 1
of Division 2 of the Revenue and Taxation Code was completed.
1673.2. (a) The department, in coordination with the Department of
Finance, shall do all of the following:
(1) Search its records to identify the registered owner or lessee.
Except as required under Section 1673.4, the department shall mail
to the registered owner or lessee a refund notification form
notifying the registered owner or lessee that he or she is eligible
for a refund of the smog impact fee. This form shall identify the
vehicle make and year, and include a refund claim that shall be
signed, under penalty of perjury, and returned to the department.
(2) Shall acknowledge by mail claims for refund from registered
owners or lessees received prior to the effective date of this
section.
(3) Except as provided in Section 1673.4, shall verify whether the
information provided in any claim is true and correct and shall
refund the three hundred dollar ($300) smog impact fee, plus the
amount of any penalty collected for late payment of the smog impact
fee, and any interest earned on those charges, to the person shown to
be the registered owner or lessee.
(b) Notwithstanding any other provision of law, interest shall be
paid on all claims at a single annual rate, calculated by the
Department of Finance, that averages the annualized interest rates
earned by the Pooled Money Investment Account for the period
beginning October 1990 and ending on the effective date of this
section. Interest on each refund shall be calculated from the date
the smog impact fee and vehicle registration transaction was
completed to the date the refund is issued. Accrual of interest shall
terminate one year after the effective date of this section.
(c) (1) Notwithstanding any other provision of law, those who paid
the smog impact fee between October 15, 1990, and October 19, 1999,
may file a claim for refund.
(2) Claims for refund by a registered owner or lessee shall be
filed with the Department of Motor Vehicles within three years of the
effective date of this section.
1673.4. (a) Any claim submitted by a person other than a registered
owner or lessee shall be filed within 30 days from the effective
date of this section.
(b) If a claimant other than the registered owner or lessee files
a claim, or has filed a claim prior to the effective date of this
section, for refund in a manner and form verified by the department,
the department shall mail a notification to the registered owner or
lessee informing that person that he or she is eligible for a refund
of the smog impact fee and that a competing claim for that fee has
been filed. The registered owner or lessee shall have three years
from the effective date of this section to inform the department that
the registered owner or lessee opposes payment of the smog impact
fee refund to the competing claimant. In that case, the refund shall
be made to the registered owner or lessee and notice of that action
shall be sent to the competing claimant. If the registered owner or
lessee does not notify the department within the three-year period
that he or she opposes the payment, the department shall pay the
refund to the competing claimant.
(c) If any refund paid by the department under this section is
disputed, any party that filed a claim may commence an action in
small claims court. The small claims court action may not be filed if
three years or more have elapsed from the date the department mailed
the refund to either party.
(d) The State of California, its departments and agencies, and
their officers or employees shall not be a party to a lawsuit between
competing claimants relating to smog impact fee refunds.
1673.5. The department shall attempt to recover any refund of the
smog impact fee, or part thereof, that is erroneously made.
Collection shall be initiated if the recipient fails to respond to
the Department of Motor Vehicles' notice to pay the erroneous refund
within 90 days in accordance with existing collection procedures
utilized by the department.
1673.6. It is unlawful to use a false or fictitious name, to
knowingly make any false statement, or conceal any material fact on a
refund claim for the smog impact fee that is filed with the
department. A violation of this provision is punishable under Section
72 of the Penal Code. Any signed claim form submitted to the
department for a refund of the smog impact fee shall be signed under
penalty of perjury.
1673.7. (a) The department shall include the following notice with
each check issued as a refund of the smog impact fee:
"The enclosed check is a refund of the $300 Smog Impact Fee you
paid to the Department of Motor Vehicles when you initially
registered an out-of-state vehicle in California. In the case of
Jordan v. Department of Motor Vehicles (1999) 75 Cal.App.4th 449, the
court ruled the smog impact fee unconstitutional. The enclosed check
includes an interest payment which has been calculated from the date
the fee was paid to the date the refund is issued.
"If you have any questions about the enclosed refund, please
contact your local office of the Department of Motor Vehicles."
(b) No notice other than the one required under subdivision (a)
may be included with a smog impact fee refund check.
1674. The department shall develop a program to foster a positive
atmosphere that is conducive to encouraging drivers to succeed in
passing any visual tests or written or behind-the-wheel driving tests
administered by the department.
1674.4. In order to address any conscious or unconscious bias
against a driver by persons administering the department's visual
tests or written or behind-the-wheel driving tests, the department
shall implement a component in its training and development program
for test administrators that encourages sensitivity to the issues of
youth and aging.
1674.6. (a) The Legislature finds and declares that persons should
be provided with transportation alternatives when their privilege to
drive is lost because of failure to pass visual tests or written or
behind-the-wheel driving tests. While a partial obligation for
addressing this issue rests with families, communities, social
service agencies, and local governments, the Legislature recognizes
an obligation to promote, facilitate, and share in the funding of
alternative modes of transportation for persons who have lost their
driving privilege.
(b) Accordingly, it is the intent of the Legislature, not later
than January 1, 2003, to provide an affordable and equitable mode of
transportation to fulfill the reasonable transportation needs of
persons who have lost their driver's licenses due to a failure to
pass a visual test or a written or behind-the-wheel driving test.
(c) In furtherance of the intent set forth in subdivision (b), the
Business, Transportation and Housing Agency shall establish a task
force to analyze potential sources of funding and modes of
transportation for persons who have lost their driver's licenses due
to a failure to pass a visual test or a written or behind-the-wheel
driving test. The Business, Transportation and Housing Agency shall
prepare and submit a report on the findings of the task force to the
Legislature not later than July 1, 2001.
1675. (a) The director shall establish standards and develop
criteria for the approval of initial and renewal driver improvement
courses specifically designed for the safe driving needs of drivers
who are 55 years of age or older, which shall be known as mature
driver improvement courses.
(b) The curricula for the courses provided for in subdivision (a)
shall include, but is not limited to, all of the following
components:
(1) How impairment of visual and audio perception affects driving
performance and how to compensate for that impairment.
(2) The effects of fatigue, medications, and alcohol on driving
performance, when experienced alone or in combination, and
precautionary measures to prevent or offset ill effects.
(3) Updates on rules of the road and equipment, including, but not
limited to, safety belts and safe and efficient driving techniques
under present day road and traffic conditions.
(4) How to plan travel time and select routes for safety and
efficiency.
(5) How to make crucial decisions in dangerous, hazardous, and
unforeseen situations.
(c) The initial mature driver improvement course shall include not
less than 400 minutes of instruction, and shall not exceed 25
students per single day of instruction or 30 students per two days of
instruction.
(d) Upon satisfactory completion of an initial mature driver
improvement course, participants shall receive and retain a
certificate provided by the department, awarded and distributed by
the course provider, which shall be suitable evidence of satisfactory
course completion, and eligibility for three years, from the date of
completion, for the mature driver vehicle liability insurance
premium reduction pursuant to Section 11628.3 of the Insurance Code.
(e) (1) The certificate may be renewed by successfully completing
a subsequent renewal mature driver improvement course within one year
of the expiration of the certificate, or if more than one year has
elapsed since the expiration, a mature driver improvement course in
accordance with the standards established in subdivision (c).
(2) The renewal mature driver improvement course shall include not
less than 240 minutes of instruction.
(f) For the purposes of this section, and Sections 1676 and 1677,
"course provider" means any person offering a mature driver
improvement course approved by the department pursuant to subdivision
(a).
1676. (a) A course provider conducting a mature driver improvement
course pursuant to Section 1675 may charge a tuition not to exceed
thirty dollars ($30).
(b) A course provider shall issue a receipt for the tuition it
collects from an individual who registers for or attends a mature
driver improvement course.
(c) The department shall charge a fee not to exceed three dollars
($3) for each completion certificate issued to a mature driver
improvement course provider, pursuant to subdivision (d) of Section
1675. The amount of the fee shall be determined by the department and
shall be sufficient to defray the actual costs incurred by the
department for administering the mature driver improvement program,
for evaluating the program, and for any other activities deemed
necessary by the department to assure high quality education for
participants of the program. A course provider shall not charge a fee
in excess of the fee charged by the department pursuant to this
subdivision for furnishing a certificate of completion or duplicate
thereof. The department shall transmit all fees it receives for
deposit in the Motor Vehicle Account in the State Transportation Fund
pursuant to Section 42270.
1677. (a) The department may collect a fee, to be determined by the
department, from each course provider who shall be responsible for
the development and operation of a mature driver improvement course,
for the approval of the course, but not to exceed the actual cost of
approval of the course. The department shall transmit all fees it
receives for deposit in the Motor Vehicle Account in the State
Transportation Fund pursuant to Section 42270.
(b) Each course provider, who has received course approval from
the department, is responsible for the delivery, instruction, and
content of his or her mature driver improvement course.
(c) The department shall investigate claims of impropriety on the
part of a course provider. The department may withdraw the approval
of courses in violation of Section 1675 or 1676, as determined by the
department, for just cause, including, but not limited to any of the
following:
(1) Furnishing course completion certificates to course enrollees
prior to, or in the absence of, completion of the curriculum
specified in subdivisions (b) and (c) of Section 1675.
(2) Charging fees in excess of the amounts specified in
subdivisions (a) and (c) of Section 1676.
(d) Mature driver improvement courses approved by the department
shall continue to be approved until either of the following occurs:
(1) The course provider does not meet the conditions of approval.
(2) The department finds just cause to terminate the approval
pursuant to subdivision (c).
1678. (a) Between January 1, 2004, and December 31, 2004,
inclusive, the fee amounts set forth in Section 488.385 of the Code
of Civil Procedure, Section 10902 of the Revenue and Taxation Code,
and Sections 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13,
9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 14900, 14900.1,
14901, 14902, 15250.6, 15250.7, 15255.1, 15255.2, 38121, 38225.4,
38225.5, 38232, 38255, 38260, and 38265 shall be the base fee amounts
charged by the department.
(b) On January 1, 2005, and every January 1 thereafter, the
department shall adjust the fees imposed under the sections listed in
subdivision (a) by increasing each fee in an amount equal to the
increase in the California Consumer Price Index for the prior year,
as calculated by the Department of Finance, with amounts equal to or
greater than fifty cents ($0.50) rounded to the next highest whole
dollar.
(c) Any increases to the fees imposed under the sections listed in
subdivision (a) that are enacted by legislation subsequent to
January 1, 2005, shall be deemed to be changes to the base fee for
purposes of the calculation performed pursuant to subdivision (b).
1679. On and after July 1, 2006, in any document mailed by the
department that offers a person the opportunity to register to vote
pursuant to the National Voter Registration Act of 1993 (42 U.S.C.
Sec. 1973gg), the department shall include a notice informing
prospective voters that if they have not received voter registration
information within 30 days of requesting it, they should contact
their local elections office or the office of the Secretary of State.
1685. (a) In order to continue improving the quality of products
and services it provides to its customers, the department, in
conformance with Article 4 (commencing with Section 19130) of Chapter
5 of Part 2 of Division 5 of Title 2 of the Government Code, may
establish contracts for electronic programs that allow qualified
private industry partners to join the department in providing
services that include processing and payment programs for vehicle
registration and titling transactions.
(b) (1) The department may enter into contractual agreements with
qualified private industry partners. There are the following three
types of private industry partnerships authorized under this section:
(A) First-line business partner is an industry partner that
receives data directly from the department and uses it to complete
registration and titling activities for that partner's own business
purposes.
(B) First-line service provider is an industry partner that
receives information from the department and then transmits it to
another authorized industry partner.
(C) Second-line business partner is a partner that receives
information from a first-line service provider.
(2) The private industry partner contractual agreements shall
include the following minimum requirements:
(A) Filing of an application and payment of an application fee, as
established by the department.
(B) Submission of information, including, but not limited to,
fingerprints and personal history statements, focusing on and
concerning the applicant's character, honesty, integrity, and
reputation as the department may consider necessary.
(C) Posting a bond in an amount consistent with Section 1815.
(3) The department shall, through regulations, establish any
additional requirements for the purpose of safeguarding privacy and
protecting the information authorized for release under this section.
(c) The director may establish, through the adoption of
regulations, the maximum amount that a qualified private industry
partner may charge its customers in providing the services authorized
under subdivision (a).
(d) The department shall charge a three-dollar ($3) transaction
fee for the information and services provided under subdivision (a).
The private industry partner may pass the transaction fee to the
customer, but the total charge to a customer may not exceed the
amount established by the director under subdivision (c).
(e) All fees collected by the department pursuant to subdivision
(d) shall be deposited in the Motor Vehicle Account. On January 1 of
each year, the department shall adjust the fee in accordance with the
California Consumer Price Index. The amount of the fee shall be
rounded to the nearest whole dollar, with amounts equal to, or
greater than, fifty cents ($0.50) rounded to the next highest whole
dollar.
(f) The department shall adopt regulations and procedures that
ensure adequate oversight and monitoring of qualified private
industry partners to protect vehicle owners from the improper use of
vehicle records. These regulations and procedures shall include
provisions for qualified private industry partners to periodically
submit records to the department, and the department shall review
those records as necessary. The regulations shall also include
provisions for the dedication of department resources to program
monitoring and oversight; the protection of confidential records in
the department's files and databases; and the duration and nature of
the contracts with qualified private industry partners.
(g) The department shall, annually, by October 1, provide a report
to the Legislature that shall include all of the following
information gathered during the fiscal year immediately preceding the
report date:
(1) Listing of all qualified private industry partners, including
names and business addresses.
(2) Volume of transactions, by type, completed by business
partners.
(3) Total amount of funds, by transaction type, collected by
business partners.
(4) Total amount of funds received by the department.
(5) Description of any fraudulent activities identified by the
department.
(6) Evaluation of the benefits of the program.
(7) Recommendations for any administrative or statutory changes
that may be needed to improve the program.
(h) Nothing in this section impairs or limits the authority
provided in Section 4610 or Section 12155 of the Insurance Code.