VC 13367 - Determining Minor's Suspension

13367. For purposes of the suspension or revocation of any driver's license issued to a minor, the department shall not provide any lighter penalty than would be given to an adult under similar circumstances.

VC 13368 - Driver Training Requirements

13368. The department, as a condition to the reinstatement of a suspended license or the issuance of a new license to an individual whose prior license has been revoked, may require the individual to attend the program authorized by the provisions of Section 1659.

Added Ch. 447, Stats. 1965. Effective September 17, 1965.

VC 13369 - Refusal to Issue or Renew, Suspension, or Revocation of Certificate or Endorsement

13369. (a) This section applies to the following endorsements and certificates:

  1. Passenger transportation vehicle.
  2. Hazardous materials.
  3. Schoolbus.
  4. School pupil activity bus.
  5. Youth bus.
  6. General public paratransit vehicle.
  7. Farm labor vehicle.
  8. Vehicle used for the transportation of developmentally disabled persons.

(b) The department shall refuse to issue or renew, or shall revoke the certificate or endorsement of any person who meets the following conditions:

  1. Within ( )1 three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5. The department may not refuse to issue or renew, nor may it revoke, a persons hazardous materials or passenger transportation vehicle endorsement if the violation leading to the conviction occurred in the persons private vehicle and not in a commercial motor vehicle, as defined in Section 15210.
  2. Within ( )1 three years, has had his or her driving privilege suspended, revoked, or on probation for any reason involving unsafe operation of a motor vehicle. The department may not refuse to issue or renew, nor may it revoke, a persons passenger transportation vehicle endorsement if the persons driving privilege has, within ( )1 three years, been placed on probation only for any reason involving unsafe operation of a motor vehicle.
  3. Notwithstanding paragraphs (1) and (2), does not meet the qualifications for issuance of a hazardous materials endorsement set forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal Regulations.

(c) The department may refuse to issue or renew, or may suspend or revoke the certificate or endorsement of any person who meets any of the following conditions:

  1. Within ( )1 12 months, has been involved as a driver in three accidents in which the driver caused or contributed to the causes of the accidents.
  2. Within ( )1 24 months, as a driver, caused or contributed to the cause of an accident resulting in a fatality or serious injury or serious property damage in excess of seven hundred fifty dollars ($750).
  3. Has violated any provision of this code, or any rule or regulation pertaining to the safe operation of a vehicle for which the certificate or endorsement was issued.
  4. Has violated any restriction of the certificate, endorsement, or commercial drivers license.
  5. Has knowingly made a false statement or ( )2failed to disclose a material fact on an application for a certificate or endorsement.
  6. Has been determined by the department to be a negligent or incompetent operator.
  7. Has demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the applicants ability to perform the duties of a driver may be impaired.
  8. Excessively or habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs.
  9. Does not meet the minimum medical standards established or approved by the department.

(d) The department may cancel the certificate or endorsement of any driver who meets any of the following conditions:

  1. Does not have a valid drivers license of the appropriate class.
  2. Has requested cancellation of the certificate or endorsement.
  3. Has failed to meet any of the requirements for issuance or retention of the certificate or endorsement, including, but not limited to, payment of the proper fee, submission of an acceptable medical report and fingerprint cards, and ( )3compliance with prescribed training requirements.
  4. Has had his or her driving privilege suspended or revoked for a cause involving other than the safe operation of a motor vehicle.

(e) ( )4 (1) Reapplication following ( )5refusal or revocation under subdivision (b) or (c) may be made after a period of not less than one year from the effective date of denial or revocation, except in cases where a longer period of suspension or revocation is required by law.

(2) Reapplication following cancellation under subdivision ( )6(d) may be made at any time without prejudice. ( )7

Added Sec. 12.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
Amended Sec. 1, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. the prededing
  2. concealed
  3. has failed to meet
  4. With regard to a violation, accident, or departmental action that occurred prior to January 1, 1991, subdivision (a) and paragraphs (1), (2), and (3) of subdivision (b) do not apply to a driver holding a valid passenger transport or hazardous materials endorsement, or a valid class 1 or class 2 drivers license who is applying to convert that drivers license to a class A or class B drivers license with a passenger transport or hazardous materials endorsement, if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement, or a valid class 3 drivers license who is applying for a class C drivers license with a hazardous materials endorsement if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement.

(f) Subdivision (e) does not apply to drivers applying for a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle certificate.
(g)

  1. denial
  2. (e)
  3. (h) This section shall become operative on September 20, 2005.
VC 13370 - Denial, Suspension, or Revocation of Certificate

13370. (a) The department shall ( )1 refuse to issue or shall revoke a schoolbus,, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:

  1. Has been convicted of a sex offense as defined in Section 44010 of the Education Code.
  2. Has been convicted, within ( )2 two years, of an offense specified in Section 11361.5 of the Health and Safety Code.
  3. Has failed to meet prescribed training requirements for certificate issuance.
  4. Has failed to meet prescribed testing requirements for certificate issuance.
  5. Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date.

(b) The department may ( )3 refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:

  1. Has been convicted of a crime specified in Section 44424 of the Education Code within ( )4 seven years. This paragraph does not apply if denial is mandatory.
  2. Has committed an act involving moral turpitude.
  3. Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within ( )4 seven years.
  4. Has been dismissed as a driver for a cause relating to pupil transportation safety.
  5. Has been convicted, within within ( )4 seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a).

(c) (1) Reapplication following ( )5 refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or (b) may be made after a period of not less than one year ( ) 6 after the effective date of ( ) 5 refusal or revocation.

(2) Reapplication following ( )5 refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days ( ) 6 after the date of the applicants third testing failure.

(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 59, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 37, Ch. 594, Stats. 2003. Effective January 1, 2004.
Amended Sec. 27, Ch. 615, Stats. 2004. Effective January 1, 2005.
Amended Sec. 2, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. deny
  2. the two years preceding the application date
  3. deny, suspend,
  4. the seven years preceding the application date
  5. denial
VC 13370 - Denial, Suspension, or Revocation of Certificate

13370. (a) The department shall ( )1 refuse to issue or shall revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:
  1. Has been convicted of a sex offense as defined in Section 44010 of the Education Code.
  2. Has been convicted, within ( )2 two years, of an offense specified in Section 11361.5 of the Health and Safety Code.
  3. Has failed to meet prescribed training requirements for certificate issuance.
  4. Has failed to meet prescribed testing requirements for certificate issuance.
  5. Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date.

(b) The department may ( )3 refuse to issue or renew, or may suspend or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder:

  1. Has been convicted of a crime specified in Section 44424 of the Education Code within ( )4 seven years. This paragraph does not apply if denial is mandatory.
  2. Has committed an act involving moral turpitude.
  3. Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within ( )4 seven years.
  4. Has been dismissed as a driver for a cause relating to pupil transportation safety.
  5. Has been convicted, within within ( )4 seven years, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a).

(c) (1) Reapplication following ( )5 refusal or revocation under paragraph (1), (2), or (3) of subdivision (a) or (b) may be made after a period of not less than one year ( ) 6 after the effective date of ( ) 5 refusal or revocation.

(2) Reapplication following ( )5 refusal or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days ( ) 6 after the date of the applicants third testing failure.

(3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 59, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 37, Ch. 594, Stats. 2003. Effective January 1, 2004.
Amended Sec. 27, Ch. 615, Stats. 2004. Effective January 1, 2005.
Amended Sec. 2, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. deny
  2. the two years preceding the application date
  3. deny, suspend,
  4. the seven years preceding the application date
  5. denial
  6. from
VC 13371 - Denial, Suspension, or Revocation: Request and Scope of Hearing

13371. This section applies to schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle certificates, and a certificate for a vehicle used for the transportation of developmentally disabled persons.

(a) Any driver or applicant who has received a notice of ( )1 refusal, suspension, or revocation, may, within 15 days ( ) 2 after the mailing date, submit to the department a written request for a hearing. Failure to demand a hearing within 15 days is a waiver of the right to a hearing.

(1) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision has been rendered by the Certificate Action Review Board pursuant to paragraph (2) of subdivision (d). The department shall not stay an action when there is reasonable cause to believe the stay would pose a significant risk to the safety of pupils being transported in a schoolbus, school pupil activity bus, youth bus, or persons being transported in a general public paratransit vehicle.

(2) An applicant or driver is not entitled to a hearing whenever the action by the department is made mandatory by this ( )3 article or any other applicable law or regulation except where the cause for ( ) 1 refusal is based on failure to meet medical standards or excessive and habitual use of or addiction to alcoholic beverages, narcotics, or dangerous drugs.

(b) The department shall appoint a hearing officer to conduct the hearing in accordance with Section 14112. After the hearing, the hearing officer shall prepare and submit findings and recommendations to the department.

(c) The department shall mail, as specified in Section 22, a copy of the hearing officer's findings and recommendations to the driver or applicant and to the driver or applicant's hearing representative, either of whom may file a statement of exception to the findings and recommendations within 24 days after the mailing date.

(d) (1) The Certificate Action Review Board consists of the following three members: a chairperson appointed by the director of the department, a member appointed by the Commissioner of the California Highway Patrol, and a member appointed by the Superintendent of Public Instruction.

(2) After a hearing, the board shall review the findings and recommendations of the hearing officer, and any statement of exception, and make a decision concerning disposition of the action taken by the department, which decision shall be final. At this stage, no evidence shall be heard that was not presented at the hearing, unless the person wishing to present the new evidence establishes, to the satisfaction of the board, that it could not have been obtained with due diligence prior to the hearing.

Amended Sec. 60, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. denial
  2. of
  3. Article
VC 13372 - Denial, Suspension, or Revocation of Ambulance Driver Certificate

13372. (a) The department shall ( )1 refuse to issue or renew, or shall suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

  1. Is required to register as a sex offender under Section 290 of the Penal Code for any offense involving force, violence, threat, or intimidation.
  2. Habitually or excessively uses or is addicted to narcotics or dangerous drugs.
  3. Is on parole or probation for any felony, theft, or any crime involving force, violence, threat, or intimidation.

(b) The department may ( )1 refuse to issue or renew, or may suspend or revoke an ambulance driver certificate if any of the following apply to the applicant or certificate holder:

  1. Has been convicted ( )2 within seven years of any offense punishable as a felony or has been convicted during that period of any theft.
  2. Has committed any act involving moral turpitude, including fraud or intentional dishonesty for personal gain, within ( )3 seven years.
  3. Habitually and excessively uses intoxicating beverages.
  4. Has been convicted within ( )3 seven years of any offense ( ) 4 relating to the use, sale, possession, or transportation of narcotics or addictive or dangerous drugs, or of any misdemeanor involving force, violence, threat, or intimidation.
  5. Is on probation to the department for a cause involving the unsafe operation of a motor vehicle.
  6. Within ( )5 three years ( ) 6 has had his or her drivers license suspended or revoked by the department for a cause involving the unsafe operation of a motor vehicle, or, within the same period, has been convicted of any of the following:
    1. Failing to stop and render aid in an accident involving injury or death.
    2. ( )7 Driving-under-the-influence of intoxicating liquor, any drug, or under the combined influence of intoxicating liquor and any drug.
    3. Reckless driving, or reckless driving involving bodily injury.
  7. Has knowingly ( )8 made a false statement or failed to disclose a material fact in his ( ) 9 or her application. ( ) 10.
  8. Has been involved as a driver in any motor vehicle accident causing death or bodily injury or in three or more motor vehicle accidents ( )11 within one year.
  9. Does not meet minimum medical standards specified in this code or in regulations adopted pursuant to this code.
  10. Has demonstrated irrational behavior or incurred a physical disability to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties normally expected of an ambulance driver may be impaired.
  11. Has violated any provision of this code or any rule or regulation adopted by the Commissioner of the California Highway Patrol relating to the operation of emergency ambulances ( )11 within one year.
  12. Has committed any act that warrants dismissal, as provided in Section 13373.

(c) ( )12 (1) Reapplication following refusal or revocation under subdivision (a) or (b) may be made after a period of not less than one year after the effective date of the refusal or revocation, except in cases where a longer period of refusal, suspension, or revocation is required by law.

(2) Reapplication following refusal or revocation under subdivision (a) or (b) may be made if a felony or misdemeanor conviction supporting the refusal or revocation is reversed or dismissed. A termination of probation and dismissal of charges under Section 1203.4 of the Penal Code or a dismissal of charges under Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

Amended Sec. 4, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. deny
  2. during the preceding
  3. the preceding
  4. relative
  5. the
  6. immediately preceding the application
  7. Driving under the influence
  8. falsified
  9. and
  10. Applicants refused certification under this provision shall not be issued an ambulance driver certificate within 12 months of that refusal.
  11. during the preceding one-year period
  12. The department may revoke or suspend the ambulance driver certificate of any person who gives any cause, before or after issuance of the certificate, for either mandatory or discretionary refusal of certification.
VC 13373 - Dismissal of Ambulance Driver or Attendant: Grounds

13373. The receipt of satisfactory evidence of any violation of Article 1 (commencing with Section 1100) of Subchapter 5 of Chapter 2 of Title 13 of the California Code of Regulations, the Vehicle Code, or any other applicable law that would provide grounds for ( ) refusal, suspension, or revocation of an ambulance drivers certificate or evidence of an act committed involving intentional dishonesty for personal gain or conduct contrary to justice, honesty, modesty, or good morals, may be sufficient cause for the dismissal of any ambulance driver or attendant. Dismissal of a driver or attendant under this section shall be reported by the employer to the Department of Motor Vehicles at Sacramento within 10 days.

Amended Sec. 5, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following denial

VC 13374 - Refusal to Issue or Renew, Suspension, or Revocation of Ambulance Driver Certificate: Hearings

13374. (a) ( )1 An applicant for, or the holder of, an ambulance driver certificatewho has received a notice of refusal, suspension, or revocation may submit, within 15 days after the notice has been mailed by the department, a written request for a hearing. Upon receipt of the request, the department shall appoint a referee who shall conduct an informal hearing in accordance with Section 14104. Failure to request a hearing within ( ) 2 15 days after the notice has been mailed by the department is a waiver of the right to a hearing. A request for a hearing shall not operate to stay the action for which notice is given.

(b) Upon conclusion of an informal hearing, the referee shall prepare and submit findings and recommendations through the department to a committee of three members one each appointed by the Director of the Emergency Medical Service Authority, the director, and the Commissioner of the California Highway Patrol with the appointee of the Commissioner of the California Highway Patrol serving as chairperson. After ( )3 a review of the findings and recommendations, the committee shall render a final decision on the action taken, and the department shall notify the person involved of the decision.

Amended Sec. 6, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. Whenever the department refuses to issue or renew, or suspends or revokes, an ambulance driver certificate for any cause, the person involved may, within 10 days after receiving notification of the action, submit
  2. 10 days after receiving a notice given under this section
  3. the
VC 13375 - Definition of Conviction

13375. For the purpose of this article, any plea or verdict of guilty, plea of nolo contendere, or court finding of guilt in a trial without a jury, or forfeiture of bail, is deemed a conviction, notwithstanding subsequent action under Section 1203.4 or 1203.4a of the Penal Code allowing withdrawal of the plea of guilty and entering a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation or information.

VC 13376 - Denial, Revocation, Add or Suspension of Driver Certificates

13376. (a) ( )1 This section applies to the following certificates:
  1. Schoolbus.
  2. School pupil activity bus.
  3. Youth bus.
  4. General public paratransit vehicle.
  5. Vehicle used for the transportation of developmentally disabled persons.

(b) (1) The department shall revoke a certificate listed in subdivision (a), ( )2 for three years if the certificate holder refuses to submit to a test for, fails to comply with the testing requirements for, or receives a positive test for a controlled substance, as specified in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations and Section 34520. However, the department shall not revoke a certificate under this paragraph if the certificate holder is in compliance with any rehabilitation or return to duty program that is imposed by the employer that meets the controlled substances and alcohol use and testing requirements set forth in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. The driver shall be allowed to participate in a rehabilitation or return to duty program only once within a three-year period. The employer or program shall report any subsequent positive test result or drop from the program to the department on a form approved by the department.

(2) If an applicant refuses to submit to a test for, fails to comply with the testing requirements for, or receives a positive test ( ) 3 for a controlled substance, the department shall ( ) 4 refuse the application for a certificate listed in subdivision (a) for three years from the date of the confirmed positive test result.

(3) The carrier that requested the test shall report the refusal, failure to comply, or positive test result to the department not later than five days after receiving notification of the test result on a form approved by the department.

(4) The department shall maintain a record of any action taken for a refusal, failure to comply, or positive test result ( ) 5 in the driving record of the applicant or certificate holder for three years from the date of the ( ) 6 refusal, failure to comply, or positive test result.

(c) (1) The department may temporarily suspend a schoolbus, school pupil activity bus, youth bus, or general public paratransit driver certificate, or temporarily withhold issuance of a certificate to an applicant, if the holder or applicant is arrested for or charged with any sex offense, as defined in Section 44010 of the Education Code.

(2) Upon receipt of a notice of temporary suspension, or of the department's intent to withhold issuance, of a certificate, the certificate holder or applicant may request a hearing within 10 days of the effective date of the department's action.

(3) The department shall, upon request of the holder of, or applicant for, a certificate, within 10 working days of the receipt of the request, conduct a hearing on whether the public interest requires suspension or withholding of the certificate pursuant to paragraph (1).

(4) If the charge is dismissed or results in a finding of not guilty, the department shall immediately terminate the suspension or resume the application process, and shall expunge the suspension action taken pursuant to this subdivision from the record of the applicant or certificate holder.

(d) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.

(e) The determination of the facts pursuant to this section is a civil matter which is independent of the determination of the person's guilt or innocence, has no collateral estoppel effect on a subsequent criminal prosecution, and does not preclude the litigation of the same or similar facts in a criminal proceeding.

Amended Sec. 2, Ch. 738, Stats. 1997. Effective January 1, 1998.
Amended Sec. 7, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. The department shall revoke a schoolbus, school pupil activity bus, youth bus, or general public paratransit driver certificate, and shall deny an application for that certificate, for any of the following causes:
    1. The applicant or certificate holder has been convicted of any sex offense as defined in Section 44010 of the Education Code.
    2. The applicant has, within the three years preceding the application date, either been convicted of a violation of Section 20001, 23103, 23104, 23152, or 23153, or has his or her driving privilege suspended, revoked, or placed on probation by the department for a cause involving the safe operation of a motor vehicle.
    3. The applicant has, within the two years preceding the application date, been convicted of any offense specified in Section 11361.5 of the Health and Safety Code.
    4. The applicant has failed to meet the prescribed testing requirements for issuance of the certificate.
  2. following an opportunity to challenge the validity of the testing described in this paragraph, for three years if the certificate holder has received a positive test result
  3. result and has been provided an opportunity to challenge the validity of the test
  4. deny
  5. reported under paragraph (3)
  6. department receives the report