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(c) The department may cancel an employer number if the employer number was issued in error, by giving the employer at least 15 days prior written notice of such cancellation. Whenever an employer number is cancelled by the department, it shall be without prejudice.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
s 25.18. Sanctions/Reinstatements.
(a) The department reserves the right to take prompt and appropriate remedial action against the employer, examiners, and/or its certified drivers in the event that they:
(1) Fail to comply with State and/or federal standards for commercial driver license testing in the federal Code of Regulations, Title 49, Part 383, Subpart E, G and H;
(2) Fail to comply with the terms of the Employer Testing Program provisions in the California Code of Regulations, Title 13, Sections 25.06 through 25. 22, and California Vehicle Code Sections 12804.9(e) and 15250 (c) and (d);
(3) Commit a serious offense that affects public safety; or
(4) Commit fraud or other criminal activity related to participation in the Employer Testing Program.
(b) The department will provide a 15-day written notice to the employer before suspending or revoking the employer number. However, the department shall immediately suspend or revoke the employer number if an employer is engaging in practices in such a manner that immediate suspension or revocation is required for the safety of persons on the highway. In reaching a decision on a disciplinary action, the Director of Motor Vehicles or his or her designee shall consider the guidelines entitled "Employer Testing Program Guidelines for Sanctions" (9/3/02, which are hereby incorporated by reference, and any and all other sanctions provided by relevant statutes and regulations. Deviation from these guidelines is appropriate where the Director or his or her designee, in his or her sole discretion, determines that the facts of the particular case warrant such a deviation, for example, the presence of mitigating factors, the age of the case, and evidentiary problems.
(1) A warning letter may be sent to an employer for minor violations.
(2) A first offense of less severity may be a minimum of 30-days suspension.
(3) A second offense of the same conduct may be a revocation for not less than 12 months.
(4) A serious offense that affects public safety, fraud, and non-compliance with required federal regulations/state statutes, may result in a revocation. A revocation shall be for a period of not less than 12 months.
(c) In the event the department suspends the employer number, the employer will be prohibited from conducting training, testing, and/or driver certification until verification is made that appropriate action has been taken to correct deficiencies causing the suspension, and the department lifts the suspension.
(d) Any action to appeal or review any order of the department canceling, suspending, or revoking an employer number shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order.
(e) An employer who has been suspended may submit a Employer Testing Program Request for Reinstatement Employer Number (DL813ETP, NEW 11/01), which is hereby incorporated by reference, after the period of suspension has ended. The department shall verify that the employer has corrected the deficiencies prior to reinstatement.
(f) An employer that has had its employer number revoked may submit an original Application, (DL520ETP, Rev. 8/02), an Application for Employer Number Addendum, (DL520FETP, New 11/05) when the employer is a firefighting organization requesting limited Employer Testing Program participation, along with proof of correction of the deficiencies which precipitated the revocation, documentation of primary and alternate driving test routes pursuant to subdivision (a)(2) of Section 25.08 of these regulations, and payment of a non-refundable $45 Application fee ($15 per year for three years) for non-governmental employers.
(g) The department shall provide a 15-day written notice to the employer and the Examiner before the department discontinues the Examiner's eligibility to conduct driving tests when it has been determined that driving tests were not conducted pursuant to Commercial Driver License Driving Performance Evaluation requirements; the Examiner has an action taken against his or her commercial driver license that disqualifies him or her to act as an Examiner (the driver license is suspended, revoked, or cancelled, or the driver is on probation for negligent operation of a motor vehicle); or the Examiner is not available to participate in the monitoring of Employer Testing Program activities.
(h) The Examiner must meet the provisions of subdivision (a) of Section 25.22 of these regulations prior to being reinstated after discontinuation of eligibility to act as an examiner under subsection (g). An Employer Testing Program Request for Reinstatement - Examiner (DL810ETP, Rev. 1/2005), which is hereby incorporated by reference, and a $55 training fee shall be submitted to the department to attend the training. A new Certificate of Training will be issued upon successful class completion.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Sections 11340.5 and 11425.50(e), Government Code.
s 25.19. Employer Roles and Responsibilities.
(a) The employer shall designate an Administrator, and shall designate one or more Authorized Representative(s) and one or more Examiner(s).
(1) The Administrator and Authorized Representative may be one and the same person under the same employer number.
(2) The Administrator may not act as an Examiner under the same employer number.
(3) The Authorized Representative may be an Examiner under the same employer number, but cannot assume or sign for both responsibilities on the same Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(b) The employer must ensure that all drivers are provided commercial driver training pursuant to subdivision (b) of Section 25.12 of these regulations prior to certification.
(c) The employer must enroll each commercial driver under its Employer Pull Notice number after issuance of the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05), and during the driver's actual term of employment.
(d) The employer must enroll each Examiner under its Employer Pull Notice number during the employer and Examiner's contract period.
(e) When the employer receives a pull notice printout that reflects that an action has been taken against the Examiner's California commercial driver license that would disqualify the Examiner from conducting tests for certification purposes under subdivisions (a)(2) and (a)(3) of Section 25.22 of these regulations, the employer must immediately discontinue the Examiner's testing authority. The employer must notify the department of this disqualification within 10 days of receipt of the pull notice printout.
(f) Upon adoption of these regulations, prior to allowing an Examiner to conduct a commercial driving test, the employer must:
(1) Ensure the Examiner is eligible under these regulations to administer driving tests for the specified class of license. An Examiner who has not conducted a driving test for 90 consecutive days is not eligible to conduct driving tests until he/she attends and passes a department sponsored Examiner refresher-training course, except as provided in section 25.22(f)(1).
(2) Enter into a written contract with all new examiners at the time of appointment, and with existing examiners at the time of the employer's first renewal.
(g) The employer's contract with the Examiner hereinafter referred to as the "Examiner's contract" must contain, at a minimum, the following provisions. The Examiner must:
(1) Have held a valid California Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license for at least three consecutive years with the appropriate classification and endorsement for new and reinstated examiners.
(2) Currently hold a valid California Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license with the appropriate classification and endorsements for the requested testing authority prior to being approved to attend training.
(3) Have attended and passed examiner training conducted by the department.
(4) Allow the employer to enroll him/her under the employer's Employer Pull Notice number.
(5) Verify that the driver has acquired an instruction permit from the department prior to testing.
(6) Certify that the driver successfully completed the required commercial driving test (i.e., pre-trip inspection, skills test, and road test).
(7) Certify that the correct type of commercial vehicle(s) was used for the driving test.
(8) Provide the employer with the original score sheets used during the driving test of drivers.
(9) Be available, between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate in the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for a period of one year after contract termination.
(10) Not conduct commercial driving tests if his/her California commercial driver license is not valid or is on probation for negligent operation of a motor vehicle. Maintain his/her Examiner eligibility by conducting at least one driving test for certification purposes during a consecutive 90-day period; or attend and pass Examiner refresher training to reinstate his/her Examiner eligibility prior to conducting a driving test, except as provided in section 25.22(f)(1).
(11) Maintain an Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005) of all driving tests conducted, including failed driving tests, and provide a copy of the log to the Employer.
(12) Not act as an Examiner for his/her own relative, supervisor, or for himself/herself.
(13) Not sign a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) for his/her own relative, supervisor, or himself/herself.
(14) Not knowingly sign a false or incorrect Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(h) Prior to the issuance of a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05), the employer must ensure that the driver was:
(1) Employed by the employer at the time of training.
(2) Trained prior to taking the driving test.
(3) Employed by the employer at the time the driving test is given.
(4) Employed by the employer at the time the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) was approved by the Authorized Representative.
(5) Required by law to hold a commercial license to operate commercial vehicles in the course of employment with this employer.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
s 25.20. Administrator Roles and Responsibilities.
(a) The Administrator must be an employee of the employer, and must have sufficient knowledge of the provisions of the California Code of Regulations, Title 13, Sections 25.06 through 25.22, to oversee the program and serve as the employer's liaison with the department.
(b) The Administrator must sign the Application (DL520ETP, Rev. 8/02), Application for Employer Number Addendum (DL520FETP, New 11/05), when the employer is a fire fighting organization applying for limited participation in the Employer Testing Program, Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05) and the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02) if requesting a route exemption.
(c) The Administrator is responsible for ensuring compliance with all provisions and terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22.
(d) The Administrator must ensure that the Authorized Representatives, Examiners, and all drivers abide by the terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22, in the performance of their roles and responsibilities.
(e) The Administrator must ensure that the driving test used for certification purposes meets the department's Commercial Driver License Driving Performance Evaluation standards.
(f) The Administrator must ensure that the employer continues to meet the qualifying criteria for an employer number pursuant to Section 25.07 of these regulations.
(g) The Administrator must ensure that any deficiencies found in the employer's program are corrected prior to the employer resuming Employer Testing Program training, testing, and driver certification.
(h) The Administrator must provide proper training, testing, and employment records and other required documentation when requested for inspection and verification by the Federal Motor Carrier Safety Administration, or its representative, and the department or its representative.
(i) The Administrator must not allow a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) to be issued when the employer no longer qualifies for participation in the program.
(j) The Administrator must ensure the Examiner has successfully passed the department's Examiner training and has the appropriate valid California commercial driver license for the type of vehicle used for certification purposes, prior to the employer's contract with the Examiner.
(k) The Administrator must not allow an Examiner to conduct a driving test when the Examiner is no longer authorized or qualified to do so.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code, and Part 383, of Title 49 of the Code of Federal Regulations.
s 25.21. Authorized Representative Roles and Responsibilities.
(a) The Authorized Representative must be an employee of the employer.
(b) The Authorized Representative shall be responsible for ensuring that the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) is accurate and complete before signing.
(c) The Authorized Representative must verify that the Examiner conducting the commercial driving test has:
(1) a current contract with the employer,
(2) maintained his/her eligibility by conducting a least one driving test during the preceeding 90 day period or successfully completed refresher training prior to conducting the driving test, except as provided in Section 25.22(f)(1) and
(3) a valid commercial driver license with the appropriate class and endorsement, for the commercial driving test conducted at the time of the driving test.
(d) The Authorized Representative must verify that the driver being certified has received specified commercial driver training, and is an employee of the employer at the time of the training.
(e) The Authorized Representative must verify that the driver being tested for certification purposes is an employee of the employer at the time of the driving test.
(f) The Authorized Representative must verify that driver being certified under the employer's employer number is an employee of the employer at the time of certification.
(g) The Authorized Representative must ensure the required test is given to the driver using a department approved route.
(h) The Authorized Representative must not act or sign as the Examiner on the same Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(i) The Authorized Representative must not act as an Authorized Representative for his/her own relative, supervisor, or for himself or herself.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
s 25.22. Examiner Roles and Responsibilities.
(a) An Examiner is not authorized to conduct a commercial driving test for his/her employer until he or she does all of the following:
(1) For new and reinstated examiners, shall submit an Employer Testing Program Examiner Application (DL811ETP, Rev. 1/2005), which is hereby incorporated by reference, or Employer Testing Program Request for Reinstatement-Examiner (DL810ETP, Rev. 1/2005), whichever is applicable, to the department. The department shall notify the Examiner applicant of their qualification to be enrolled in the department-sponsored Examiner Training class within 30 days of a complete Application. The department shall notify the examiner applicant within 30 days if the examiner fails to meet program requirements as stated in Section 25.22(a)(2)(6) to be an examiner. A letter will be sent to the applicant explaining the reason for the denial. If the Application is incomplete, a cover letter will be sent to the applicant within 15 days listing the items needing correction.
(2) For new and reinstated examiners, has held a valid commercial driver license for at least three years, with the appropriate class and endorsements.
(3) Currently holds a valid California commercial driver license with appropriate class and endorsements for the type of license for which the Examiner is requesting testing authority. Also, the Commercial Driver License must be consistent with the type required to drive the test vehicle.
(4) Has no current actions against his/her California commercial driver license that would disqualify him/her to act as an Examiner; i.e., suspended, revoked, cancelled, or on probation for negligent operation of a motor vehicle.
(5) Pays a $150 examiner training fee.
(6) Attends and passes a department-sponsored examiner training class to establish his/her eligibility to act as an Examiner and receives a valid Certificate of Training.
(A) If the Examiner does not pass the training course, the training fee is non-refundable.
(B) If the Examiner does not pass the training course and applies to attend the training course again, an additional $150 training fee shall be paid.
(C) If the Examiner does not attend the training class within one year of the department receiving the Employer Testing Program Examiner Application (DL811ETP, Rev. 1/2005), the Examiner must submit a new Employer Testing Program Examiner Application (DL811ETP, Rev. 1/2005) and pay a $150 training fee to enroll in the department-sponsored examiner training course. Prior training fees paid are not refundable or transferable.
(7) The Examiner must be under written contract with the employer(s) at the time he/she conducts the driving test, as required in section 25.19(f)(2) of these regulations.
(b) The Examiner shall submit a written request to the department when the Examiner seeks authority to test drivers on vehicles that require a class of license or endorsement for which the Examiner is not authorized. The department shall verify that the Examiner has held a California Commercial Driver License for three years of the appropriate class and endorsements for type of license for which the Examiner is requesting testing authority, prior to approval of the request.
(c) The Examiner shall verify that the driver has obtained an instruction permit from the department appropriate for the test vehicle prior to testing.
(d) The Examiner shall maintain on file an Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005) of all driving tests conducted for certification purposes, which includes a record of driving tests conducted under each Employer Number with whom the Examiner has a contract to conduct driving tests. The log must include successfully completed and failed driving tests.
(e) The Examiner shall conduct all driving tests for certification purposes using the Commercial Driver License Driving Performance Evaluation criteria established by the department.
(f) An Examiner, upon authorization by the department to conduct commercial driving tests as defined in Title 13, Section 25.06(b), who fails to conduct a driving tests for a period of 90 consecutive days, is ineligible to conduct commercial driving tests upon the 91st day of inactivity and must submit an Employer Testing Program Request for Reinstatement-Examiner (DL 810 ETP, Rev. 1/2005), attend and pass a department sponsored Examiner refresher-training class, and be reinstated by the department before conducting additional commercial driving tests.
(1) An Examiner who conducts driving tests only for a firefighter organization(s) that is a limited participant in the Employer Testing Program shall remain eligible to conduct driving tests even though he/she fails to conduct a driving test for a period of 90 consecutive days, provided that the Examiner completes a training drive test.
(2) The training drive test shall consist of the Examiner conducting a pre-trip inspection, skills test, and road test on the department approved route, accompanied and observed by an Authorized Representative, while the Examiner explains the scoring process.
(3) The Authorized Representative shall make a notation in the Employer Testing Program Examiner Driver Testing Log (DL819ETP, New 1/2005) indicating that a training drive test was successfully completed and shall sign and date the notation.
(g) The Examiner shall verify that the driver is given and successfully passes a complete commercial driving test including the pre-trip inspection, skills, and road tests.
(h) The Examiner shall verify that the correct type of commercial vehicle is used for the driving test.
(i) An Examiner shall not act as the Authorized Representative for the same driving test that he/she conducted.
(j) The Examiner shall complete and sign the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) as the Examiner.
(k) An Examiner may work for more than one employer concurrently, as long as he/she is under written contract with each employer.
(l) The Examiner must allow each employer to enroll him/her in the Employer's Pull Notice program during the contract period.
(m) The Examiner shall maintain a valid medical card and ensure that a valid Medical Examination Report (DL51, Rev. 2/2004), described in Section 110.04(b) of Title 13 of the California Code of Regulations, is on file with the department. An Examiner possessing a noncommercial firefighter license Class A or B must submit a Health Questionnaire (DL546, Rev. 4/2000), described in Sections 28.22 and 28.23 of Title 13 of the California Code of Regulations, to the department.
(n) Upon the department's request, the Examiner shall be available between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate during the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for one year after termination of the contract.
(o) The Examiner must update testing skills as needed in response to statutory and program changes. The department shall notify Examiners of statutory and program changes, and may require additional department-sponsored training to maintain eligibility.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations. 16
s 28.18. Minimum Physical and Medical Requirements for Class A, B, or Commercial Class C Driver Licenses; or Ambulance Driver Certificates.
The minimum medical requirements for a Class A, B, or Commercial Class C license or Ambulance Driver Certificate, required by Section 12804.9(a)(1), 12527(a) or 15275 of the Vehicle Code shall be:
(a) those standards required of motor carrier drivers by the Federal Highway Administration of the Department of Transportation as set forth in the Federal Motor Carrier Safety Regulations at 49 CFR 391.41 and
(b) those standards recommended in the medical advisory criteria for hypertension as set forth at 49 CFR 391.43(f) (Instructions for Performing and Recording Physical Examinations) prepared by the Federal Motor Carrier Safety Administration as guidelines to aid the medical examiner in making the qualification determination as they relate to blood pressure, hypertension, and recertification periods based on hypertension.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9(a)(1), 12527(a), 15210 and 15275, Vehicle Code; and Sections 391.41 and 391.43, Title 49, Code of Federal Regulations.
s 28.19. Medical Certificates Required by Section 12804.9(a)(1), 12527(c)(3) and 15275 of the Vehicle Code that May be Issued by the Department of Motor Vehicles.
Unless otherwise specified, the medical examination form and medical certificate referenced in this section are those forms approved by the Federal Highway Administration or the Federal Aviation Administration of the United States Department of Transportation. If the medical examiner elects not to issue a medical certificate or the department determines that the applicant does not meet required physical qualifications for such a medical certificate, an applicant wishing to drive ambulances or Class A, B, or Commercial Class C vehicles for purposes other than engaging in interstate commerce, may submit a completed medical examination form to the department for consideration of obtaining a state approved medical certificate. Upon approval by the department, the department may issue a state approved medical certificate which qualifies the applicant to drive ambulances or Class A, B, or Commercial Class C vehicles for purposes other than engaging in interstate commerce if:
(a) The department determines from review of the examination form and any additional medical information submitted, that the applicant meets the standards set forth under Federal Motor Carrier Safety Regulations 49 CFR 391.41, or
(b) The applicant for a Class A or B license, or a Commercial Class C license, does not meet the standards set forth under Federal Motor Carrier Safety Regulations because of a physical condition wherein safe driving ability can be determined by driving examination and in the opinion of the department the defect is compensated for to insure safe driving ability. If such a state approved medical certificate is issued by the department, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or a hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue to operate any of said vehicles if the applicant is renewing a California Class A, B, or a Commercial Class C license permitting the operation of such vehicles, or is applying for a medical certificate to keep valid such a license that has not yet expired, or
(c) The applicant for a Class A or B license, or a Commercial Class C license, fails to meet the standards set forth under Federal Motor Carrier Regulations because of a condition or conditions other than those wherein safe driving ability can be determined by a driving examination, provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years. If such a state approved medical certificate is issued by the department, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or a hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue to operate any of said vehicles if the applicant is renewing a California Class A, B, or a Commercial Class C license permitting the operation of such vehicles, or is applying for a medical certificate to keep valid such a license that has not yet expired, or
(d) The applicant for an Ambulance Driver Certificate fails to meet the standards set forth under Federal Motor Carrier Regulations provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect his ability to drive safely and may reasonably be expected not to affect his ability to drive safely within two (2) years.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9(a)(1), 12527(c)(3), 13369, 13372, 15210, 15275 and 15278, Vehicle Code.
s 28.20. Medical Requirements for Hazardous Agricultural Materials Endorsement.
(a) The minimum medical requirements for a hazardous materials endorsement issued pursuant to Section 12804.2 of the Vehicle Code shall be those standards specified in Section 28.18 of Article 2.1, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a hazardous agricultural materials endorsement to complete and submit to the department a Health Questionnaire, Form DL 546 (Rev. 11/2004) provided by the department, pursuant to Section 28.23.
(c) If an applicant for a hazardous agricultural materials endorsement fails to meet the medical standards set forth in subdivision (a), the department shall not issue the endorsement unless the applicant is renewing a license with a hazardous agricultural materials endorsement, or is submitting a new Health Questionnaire, form DL 546 (Rev. 11/2004), to retain such an endorsed license that has not yet expired, and the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely, and may reasonably be expected not to affect the driver's ability to drive safely within two years.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.2, Vehicle Code.
s 28.21. Medical Requirements for Restricted Class A Driver License.
(a) A person applying for a restricted Class A driver license issued pursuant to Section 12804.12 or 12804.14 of the Vehicle Code shall meet the following minimum medical requirements before a restricted license can be issued:
(1) Color Test. An applicant must be able to recognize the standard red, green, and amber colors of traffic signals and devices.
(2) Peripheral Vision. An applicant must have peripheral vision of 70 degrees or greater in the horizontal Meridian in each eye.
(3) Hearing. An applicant must be able to perceive a forced whispered voice in the better ear, without a hearing aid, at a distance of not less than five (5) feet.
(4) Visual Acuity. An applicant's visual acuity must be 20/40 or better in each eye with or without corrective lenses.
(5) Upper and Lower Extremities. An applicant must have:
(A) no loss of a foot, leg, hand, arm, or finger.
(B) no impairment of a hand or finger which interferes with grasping.
(C) no impairment of an arm, hand, foot, or leg, or any other limitation that interferes with the ability to safely operate a motor vehicle.
(6) Diabetes. An applicant must have no history or clinical diagnosis of diabetes mellitus currently requiring insulin for control.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had a hypoglycemic episode or any adverse reaction related to diabetes in the last three (3) years.
(7) Heart. An applicant must have no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, stroke, or congestive cardiac failure.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years which may interfere with the ability to safely operate a motor vehicle.
(8) Lungs. An applicant must have no established medical history or clinical diagnosis of a respiratory condition such as emphysema, chronic asthma, or tuberculosis that is likely to interfere with ability to safely operate a motor vehicle.
(9) Blood Pressure. An applicant must have no current clinical diagnosis of high blood pressure which is likely to interfere with the ability to safely operate a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant whose blood pressure is usually 140/90 or higher.
(10) Muscle, Orthopedic, or Vascular Condition. An applicant must have no established history or clinical diagnosis of a rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with the ability to safely operate a motor vehicle.
(11) Mental Condition. An applicant must have no diagnosis of a mental, nervous, organic or functional disease, or psychiatric disorder which is likely to interfere with the ability to safely operate a motor vehicle.
(12) Epilepsy and/or Lapse of Consciousness. An applicant must have no established medical history or clinical diagnosis of epilepsy, or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in subdivision (c)(2), the department shall not issue a temporary or interim restricted Class A driver license to an applicant who has had a loss of consciousness or loss of ability to control a motor vehicle in the last three (3) years.
(13) Drugs. An applicant must not use a controlled substance, amphetamine, narcotic, or any other habit-forming drug.
(A) If the applicant is taking a substance or drug that is prescribed by the doctor who is familiar with the driver's medical history and has advised the driver that the substance or drug will not adversely affect the driver's ability to safely operate a motor vehicle, the department may issue a restricted Class A driver license to the applicant.
(14) Alcohol. An applicant must have no current clinical diagnosis of alcoholism.
(b) The department shall require a person applying for a restricted Class A driver license to complete and submit to the department a Health Questionnaire, form DL 546 (Rev. 11/2004), provided by the department, pursuant to Section 28.23.
(c) If an applicant for a restricted Class A driver license does not meet the medical requirements set forth in subdivision (a), the department may issue a restricted Class A license under any of the following conditions:
(1) The department does not meet the minimum medical requirements set forth in subdivision (a) because of a physical condition wherein safe driving ability can be determined by driving examination and, in the opinion of the department, the defect is compensated for to insure safe driving ability; or
(2) The department determines, upon evaluation of competent medical evidence, that the condition or conditions do not affect the driver's ability to drive safely and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.12 and 12804.14, Vehicle Code.
s 28.22. Medical Requirements for Restricted Fire Fighter Driver License.
(a) The minimum medical requirements for a restricted fire fighter driver license issued pursuant to Section 15250.6 of the Vehicle Code shall be those standards specified in Section 28.18 of Article 2.1, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a restricted fire fighter driver license to complete and submit to the department a Health Questionnaire, Form DL 546 (Rev. 11/2004) provided by the department, pursuant to Section 28.23.
(c) If an applicant for a restricted firefighter driver license fails to meet the medical standards specified in subdivision (a), the department may issue the license under any of the following conditions:
(1) The applicant does not meet the medical standards set forth in subdivision (a) because of a physical condition wherein safe driving ability can be determined by driving examination and, in the opinion of the department, the defect is compensated for to insure safe driving ability; or
(2) The applicant fails to meet the standards set forth in subdivision (a) because of a condition or conditions other than those wherein safe driving ability can be determined by a driving examination, provided that the department determines upon evaluation of competent medical evidence that the condition or conditions do not affect the driver's ability to drive safely, and may reasonably be expected not to affect the driver's ability to drive safely within two (2) years.
(3) If a restricted fire fighter driver license is issued under these conditions, the applicant shall not be permitted to operate vehicles requiring a passenger vehicle endorsement or hazardous materials endorsement pursuant to Section 15278 of the Vehicle Code. The department may authorize the applicant to continue operating such vehicles if the applicant is renewing a restricted fire fighter license, or is submitting a new Health Questionnaire, form DL 546 (Rev. 11/2004), to retain such a license that has not yet expired.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 15250.6, Vehicle Code.
s 28.23. Health Questionnaire.
(a) The Health Questionnaire, form DL 546 (Rev. 11/2004), shall be submitted upon application for a hazardous agricultural materials endorsement, restricted Class A driver license, or restricted fire fighter driver license and every two years thereafter.
(b) The Health Questionnaire shall contain the following information:
(1) The applicant's true full name, address, date of birth, driver license number, and daytime telephone number.
(2) A "yes" or "no" response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear, without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visual acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has an impairment of a hand or finger.
(G) has any other impairment of an arm, hand, foot, or leg, or any other limitation.
(H) has diabetes requiring insulin for control.
(I) has had a hypoglycemic episode in the last three (3) years.
(J) has had any other adverse reaction related to diabetes in the last three (3) years.
(K) has had a heart attack, angina, coronary insufficiency, thrombosis, stroke, or other heart problem, or cardiovascular disease, and if "yes," whether the applicant has had labored breathing, fainting, collapse, congestive heart failure, or other symptoms in the last three (3) years.
(L) has been diagnosed with a respiratory condition, such as emphysema, chronic asthma, or tuberculosis and, if "yes," whether the respiratory condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(M) has been diagnosed with high blood pressure, and if "yes," whether the applicant's blood pressure is usually 140/90 or higher.
(N) has never been diagnosed with a rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease, and if "yes," whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(O) has ever been diagnosed with any mental, nervous, organic, or functional disease, or psychiatric disorder and, if "yes," whether the condition is likely to interfere with the applicant's ability to drive a motor vehicle safely.
(P) has ever been diagnosed with epilepsy or any other condition which may cause loss of consciousness or loss of control, and if "yes," whether the applicant has had a loss of consciousness or loss of control in the last three (3) years.
(Q) uses a controlled substance, amphetamine, narcotic, or any other habit-forming drug, and if "yes," whether the applicant's physician prescribed the drug and whether the applicant's physician advised the applicant not to drive when taking the drug.
(R) has a current clinical diagnosis of alcoholism, and if "yes," when the applicant last had an alcoholic beverage.
(3) An explanation of any "yes" answer.
(4) The physician's name, office address, and telephone number.
(5) The month and year of the applicant's last visit to the physician.
(6) A certification, signed and dated by the applicant under penalty of perjury, that the information provided is true and correct, and that the applicant consents to the release of medical information to the department by the physician named on the form.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.2, 12804.12, 12804.14 and 15250.5, Vehicle Code.
s 50.40. Forms.
s 50.45. Minimum Instruction Requirements Acceptable to the Department.
(a) Certification of driver education by a licensed driving school or educational institution other than a secondary school must be based on the areas prescribed for automobile driver education stated in Section 10020 of Title 5 of the California Code of Regulations. Classroom instruction shall be a minimum of thirty (30) fifty-minute periods. Instruction shall be based on a teaching guide furnished by the department.
(b) Pursuant to behind-the-wheel training certification, the training must be a minimum of six (6) hours. Training shall be based on a teaching guide furnished by the department.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 12814.6, Vehicle Code.
s 55.01. Driver Education Pilot Program.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 55.02. Requirements for Driving Schools Participating in the Driver Education Pilot Program.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 55.03. Record Keeping and Reporting Requirements for Participating Driving Schools.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 55.04. Inspections, Examinations and Audits by the Department.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 55.05. Advertisement of Driver Education Pilot Program by a Driving School.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 55.06. Participant/Applicant Requirements.
Note: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference: Section 12814.8, Vehicle Code.
s 75.20. Policy or Bond Not in Effect at Time of Accident; Notice by Insurance Company or Surety Company.
(a) Manner of Giving Notice. The notification required by Section 16057 shall be rendered in writing, by the completion of the notice received from the department.
(b) Preparing the Notice. The notification shall be signed by a person authorized by the company.
(c) Time of Notice. The notification shall be given to the department within twenty days from the date of mailing as it appears on the notice.
(d) Mailing the Notice. The notification shall be forwarded to the Department of Motor Vehicles, Financial Responsibility, Sacramento, California.
CERTIFICATES OF SELF-INSURANCE
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020, 16021(b) and 16057, Vehicle Code.
s 77.00. Suspension Exemption.
A driver suspended for failure to provide evidence of financial responsibility, pursuant to Vehicle Code section 16070, is exempt pursuant to Vehicle Code section 16073 from the suspension when his/her employment requires the operation of a motor vehicle as part of his/her duties and the vehicle is not registered in the suspended driver's name. Neither an application, payment of fee(s), or proof of financial responsibility pursuant to Vehicle Code section 16430 is required to be provided by the suspended driver to qualify for the exemption. No marking of the driver license or the department's records is necessary for this exemption.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070 and 16073, Vehicle Code.
s 77.05. Restricted License Requirements.
(a) A person whose driving privilege has been suspended pursuant to Vehicle Code section 16070 may apply and qualify for one or more financial responsibility driver license restrictions as described in Sections 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations by submitting the following to the department:
(1) An application for the restriction(s) as described in Sections 77.10, 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations with the appropriate sections completed and signed.
(2) Proof of financial responsibility pursuant to Vehicle Code section 16430.
(3) A fee totaling $250, as specified in Vehicle Code sections 16072 and 16077.
(A) A single $250 restriction fee, pursuant to Vehicle Code sections 16072 and/or 16077, qualifies an applicant for one or more financial responsibility driver license restrictions in lieu of the mandatory one-year suspension.
(B) The $250 fee shall be payable in a single payment.
(b) The applicant shall not be eligible for the driver license restriction(s) if any other suspension or revocation of the driving privilege is in effect or if the applicant's driver license is a commercial class A, class B or class C. When a driver with a commercial driver license downgrades to a non-commercial class C or M driver license, he/she may be eligible for the driver license restriction(s).
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072, 16077, 16078 and 16430, Vehicle Code.
s 77.10. Application for a Driver License Restriction.
To drive a motor vehicle pursuant to Vehicle Code sections 16072 and 16077 and as described in Sections 77.15, 77.16 and 77.17, Division 1, Chapter 1 of Title 13 of the California Code of Regulations, the applicant shall complete, sign and submit to the department for approval the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), which is hereby incorporated by reference. All applicants regardless of the restriction requested shall complete the Applicant Information section and Part D prior to submitting the form to the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072, 16077 and 16078, Vehicle Code.
s 77.15. Employment Restriction.
To drive a motor vehicle (including vehicles registered in the applicant's name) to and from employment and during the course of employment, the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part A completed. The restriction is not valid for a commercial class A, class B or class C driver license.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070, 16072 and 16073, Vehicle Code.
s 77.16. School Transportation Restriction.
(a) To transport a minor dependent in the applicant's immediate family to and/or from a primary or secondary educational institution (Kindergarten through Twelfth grade), the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part B completed.
(b) For the purposes of this section a "minor dependent in the immediate family" is defined as any person enrolled in a primary or secondary educational institution who either resides within the household of the applicant or, without regard to place of residence, is the applicant's son, daughter, brother or sister. (continued)