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(b) The listing sheet shall include the following information:
(1) The full business name of the principal place of business or the branch office of the dealer or dismantler for whom the transactions are submitted.
(2) The mailing address of the principal place of business or the branch office of the dealer or dismantler for whom the transactions are submitted.
(3) The occupational license number of the dealer or dismantler for whom the transactions are submitted.
(4) The occupational license number of the registration service.
(5) The printed name of the registration service representative submitting the transactions.
(6) The telephone number of the dealer or dismantler for whom the transactions are submitted.
(7) The telephone number of the registration service.
(8) Whether the department will prepare a refund check or a credit receipt for any overpayment.
(9) Whether, after processing by the department, the listing sheet and documents will be mailed to the address in subsection (b)(2) or will be picked up by the registration service.
(10) A list of all transactions submitted with the listing sheet which shall be grouped by new and used vehicles and shall include for each transaction:
(A) The vehicle identification number or the California license plate number.
(B) The last name followed by the first initial of each buyer.
(C) The dealer report of sale number or the dismantler acquisition number.
(D) Whether the transaction is for a new or used vehicle.
(E) The date of the sale.
(F) The amount of departmental fees collected by the dealer or registration service.
(G) The receipt number and the amount of the receipt when a credit receipt was issued by the department for fees previously submitted for a vehicle.
(H) The amount of cash or check submitted.
(I) The total amount of credit, cash or check submitted.
(J) The amount of the refund when a check is due.
(11) The signature of the registration service representative submitting the transactions.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
s 330.46. Incomplete Transactions.
(a) Prior to returning any incomplete transaction to a client, a registration service shall send a written request to the client for any documents, compensation or departmental fees necessary to complete the transaction.
(1) Each registration service shall retain in their business records a copy of the written request with the date the request was sent to the client.
(2) The registration service shall allow the client a minimum of 45 days to respond from the date the request was sent.
(A) The registration service shall indicate on the request the date by which the client must respond.
(b) When the client fails to contact the registration service or to submit the documents, compensation or departmental fees requested pursuant to subsection (a) by the designated date, the registration service shall return the incomplete transaction, including all receipts for departmental fees paid, to the client.
(1) Each transaction shall be returned to the last known address of the client by registered mail no later than 60 days following the date the request was sent to the client.
(2) The registration service shall retain in their business records the date the transaction was mailed to the client.
(c) When the registered mail sent pursuant to subsection (b) is returned unclaimed to the registration service, the transaction shall be forwarded with the unclaimed envelope to the department's Registration Processing Unit, PO Box 942869, Sacramento, CA 94269-0001, within 10 days of the date the mail was returned unclaimed to the registration service.
(1) The incomplete transaction shall be forwarded with the registration service's name, address, and occupational license number, the reason(s) the transaction could not be completed by the registration service, and the date of any attempt to contact the client.
(2) The registration service shall retain in their business records the date the transaction was returned unclaimed to the registration service and the date the transaction was forwarded to the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406.5, Vehicle Code.
s 330.48. Maintenance and Inspection of Business Records.
(a) A registration service shall maintain the business records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46 for four years from the date the transaction, any departmental fees, or any compensation was last received from the client, whichever is the latest date.
(b) A registration service shall maintain the business records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46 at the principal place of business, except when the service has branch locations, records peculiar to each branch shall be maintained at the appropriate branch location.
(c) Upon approval by the department, records retained pursuant to subsection (a) may be maintained at a business location other than as required in subsection (b), provided that:
(1) The records are over 12 months old from the date the transaction, any departmental fees, or any compensation was last received from the client, whichever is the latest date; and
(2) A written request is submitted to the department specifying the location where the business records shall be maintained and granting the department authorization to inspect the records at the specified location.
(d) All business records maintained pursuant to this section shall be available for inspection by departmental employees at any business location specified by the department upon one business day's notice by the department, except as provided in Section 330.50(c)(1).
(e) The business records shall be maintained or retrievable by the unique identifying number on each department approved transaction authorization agreement form except as specified in Title 13, Section 330.32(g) and provided the listing sheet as described in Title 13, Section 330.44, California Code of Regulations, is maintained.
(f) The registration service shall ensure business records are stored and secured in such a manner that the confidentiality of client information is maintained.
(g) Business records that are maintained by the approved listing sheet shall be kept in date order.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
s 330.50. Electronic Maintenance of Records.
(a) When a registration service electronically maintains any of the records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, it shall be indicated on the original application required by Section 330.02.
(b) When a registration service, subsequent to the submission of the original application to the department, initiates electronic maintenance for any of the records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, the registration service shall notify the department in writing not later than 10 days after beginning electronic maintenance.
(1) The notification shall include the address of the principal place of business or any branch office initiating electronic maintenance with the effective date of the maintenance.
(c) Any registration service electronically maintaining records required to be retained by Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, shall provide to the department at no charge a paper copy of the business records at any business location specified by the department.
(1) The paper copy shall be provided upon seven business days notice by the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.
s 330.52. Registration Service Voluntarily Out of Business.
(a) When a registration service voluntarily goes out of business, the service shall notify the department's local Division of Investigations and Occupational Licensing office not later than the first departmental business day after the closing date.
(1) The notification shall include the date of the last day of business for the registration service.
(b) When a registration service voluntarily goes out of business, the registration service shall be responsible for completing all pending transactions prior to the closure of the business.
(1) When a registration service fails to complete any pending transactions, the service shall notify in writing not later than the third departmental business day after the closing date all clients whose transactions were not completed prior to closure of the business.
(A) The client notification shall include the date of the last day of business for the registration service, a statement that all transactions pending with the registration service are required to be delivered to the department's local Division of Investigations and Occupational Licensing office not later than the third departmental business day following the service's last day of business, and the address and phone number of the local office.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11407, Vehicle Code.
s 330.54. Refusal to Issue, Suspension, Revocation or Cancellation of a License.
(a) In addition to the conditions specified in Sections 11405 and 11408 of the Vehicle Code, the department may suspend, revoke, or refuse to issue a license to act as a registration service for any of the following reasons:
(1) The registration service wrote a check to the department that was thereafter dishonored when presented for payment.
(2) The registration service violated any of the provisions contained in this Article.
(b) A registration service license may be canceled by the department when the license was issued through error.
Note: Authority cited: Sections 1651, Vehicle Code. Reference: Section 11405 and 11408, Vehicle Code.
s 330.56. Notices of Suspension.
(a) When a registration service license is suspended pursuant to Vehicle Code Sections 11405 and 11408 or Section 330.54, it may be a condition of suspension that departmental employees be allowed to post two notices of suspension in places conspicuous to the public on each licensed location where clients are received.
(1) The notices shall remain posted until the termination of suspension.
(2) The notices shall contain the following information:
DEPARTMENT OF MOTOR VEHICLES NOTICE OF SUSPENSION THE REGISTRATION SERVICE
LICENSE ISSUED FOR THESE PREMISES HAS BEEN SUSPENDED FROM (date) THROUGH (date)
BY ORDER OF THE DEPARTMENT OF MOTOR VEHICLES FOR VIOLATION OF THE REGISTRATION
SERVICES LICENSING LAWS
Removal of this notice prior to termination of suspension or any representation to the effect that registration services have been suspended for any reason other than by order of the department shall be deemed grounds for further action.
FOR FURTHER INFORMATION CALL (telephone number of the local investigation
office).
(b) In addition to posting the notices as specified in subsection (a) and in lieu of posting notices at those registration service locations not receiving clients, it may be a condition of suspension that the department publish a notice of suspension in any newspaper to be selected by the department.
(1) The published notices shall contain the following information:
NOTICE OF SUSPENSION
The registration service license issued for (name of business) located at (address of business) is suspended from (date) through (date) by order of the Department of Motor Vehicles for violation of the registration service licensing laws.
For further information call (telephone number of the appropriate district investigation office).
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11408, Vehicle Code.
s 330.58. Surrender of Records.
(a) When the license of a registration service is suspended or revoked pursuant to Sections 11405 or 11408 of the Vehicle Code or Section 330.54, all records retained pursuant to Section 11406 of the Vehicle Code and Sections 330.32, 330.42 and 330.46, any pending client transactions or fees, and all department issued licenses and supplies shall be surrendered to the department.
(1) These items shall be surrendered to the department's local Division of Investigations and Occupational Licensing office not later than the end of the day on which the suspension or revocation takes effect.
(b) When a registration service voluntarily goes out of business, all records retained pursuant to Section 11406 of the Vehicle Code and Sections 330.32, 330.42, and 330.46, any pending client transactions or fees, and all department issued licenses and supplies shall be surrendered to the department.
(1) These items shall be delivered to the department's local Division of Investigations and Occupational Licensing office not later than the end of the third business day following the last day of business for the service.
(c) The department shall provide a no fee copy of the surrendered records to the registration service not later than 30 days from the date of surrender, provided the registration service submits a written request to the department at the time of surrender.
(d) When any incomplete transactions which were returned to the client pursuant to Section 330.46(b) are returned unclaimed to a registration service after the other records have been surrendered, the procedures in Section 330.46(c) and (c)(1) shall apply.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11405 and 11408, Vehicle Code.
s 330.60. Certificate of Convenience.
(a) The department may issue a certificate of convenience upon the death of an individual owner, or a partner, or all the corporate officers of a registration service which will allow the business of the registration service to continue until the estate is settled providing that a certified copy of the death certificate is filed with the department.
(b) The certificate of convenience shall be issued to the executor, executrix, administrator, administratrix, surviving spouse or other heir entitled to conduct the business of the deceased.
(c) When the estate is settled, any owner of the business shall comply with the original licensing requirements specified in this Article.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
s 340.00. Licenses.
(a) A license to own or operate a driving school shall not include the right to give driving instructions.
(b) A license to give driving instruction for driving schools will be limited to giving such instruction while in the employ of the driving school named in the application. The instructor's license must be readily available in the office for each school he may represent and surrendered to the department by the driving school when the instructor becomes inactive, transfers to another school or when the license is expired, canceled, suspended or revoked.
(c) An identification card will be issued with all driving instructor licenses which shall be in the possession of the licensee at all times while accompanying a student. When an instructor becomes inactive, transfers to another school, or the license is expired, cancelled, suspended or revoked, he/she shall immediately surrender to his/her employing driving school his/her instructor's identification card. The employing driving school is then responsible for surrendering the ID card to the department within 30 days after such event. If an instructor fails or refuses to surrender the ID card, the employing driving school may so notify the department, in writing, in lieu of satisfaction of the requirement that the school surrender the ID card itself.
(d) A licensed instructor may transfer from one driving school to another upon filing of the proper application with the department, payment of the required fee, and surrender of his/her instructor's identification card, as required in (c), above. Application for such transfer must be on file with the department on or before the effective date of the transfer.
(e) An instructor may be licensed to more than one school provided that a written statement from each employing school operator is submitted to the department acknowledging such employment.
(f) The license to own or operate a driving school shall be prominently displayed in the place of business of the driving school.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1651, 11100, 11104, 11105 and 11105.5, Vehicle Code.
s 340.10. Applications.
All applications for licenses under Chapter 1, Division 5 (commencing with Section 11100) of the Vehicle Code shall be made on forms furnished by the department. All applications for original licenses shall be accompanied by two clear sets of fingerprints on standard fingerprint cards. All applications for renewal of instructor licenses shall be accompanied by a medical examination report at least every three years. Evidence of possession of a valid Medical Examiner's Certificate may be accepted in lieu of the medical examination report.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 11100, 11102, 11102.5, 11104, 11105, 11105.1 and 11105.5, Vehicle Code.
s 340.13. Driving School Owner or All-Terrain Vehicle Safety Training Organization Principal Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a driving school owner or all-terrain vehicle safety training organization principal occupational license shall submit the bond required by Vehicle Code section 11102 on a Driving School Owner or All-Terrain Vehicle Safety Training Organization Principal Surety Bond, form OL 218 (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The true, full name of the driving school owner or all-terrain vehicle safety training organization principal, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(c) The appointment of director as the agent for service of process required by Vehicle Code section 11102(a)(5) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 11102, Vehicle Code.
s 340.15. Insurance Requirements.
The certificate of insurance required by Vehicle Code Section 11103 shall be on a form prescribed by the department. A new insurance certificate must be on file with the department before the expiration of a prior one. An insurance certificate will not be required of those schools that offer classroom instruction only.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 11103, Vehicle Code.
s 340.20. Place of Business.
(a) Each applicant for licensing as a driving school owner shall designate his/her place of business or branch location(s). Upon inspection and approval by the department, separate locations used by the school exclusively as classrooms will be granted an exemption from licensing as separate places of business.
(b) A driving school branch location is any location, other than the principal place of business, maintained to provide driving school services. A branch location must comply with the requirements of Sections 320 and 11102(a)(3) of the California Vehicle Code. Upon approval of the department, the records may be maintained at another business location, provided a written instrument is filed with the department describing such other location.
(c) A driving school's established place of business and branch location(s) shall have erected or posted thereon outdoor and/or indoor signs or devices providing information stating the school's name, address, and office hours. Every such sign erected or posted on an established place of business or branch location(s) shall have an area of not less than two square feet per side displayed unless size is restricted by building lease agreement or local ordinance, and shall contain lettering of sufficient size to enable the sign or device to be read from a distance of at least 50 feet for an outdoor sign or 10 feet for an indoor sign.
(d) In the absence of the operator, the person left in charge of the office during the posted office hours shall be fully qualified and authorized to give pertinent information to the public concerning lessons and accounts and to give information to any representative of the department concerning the operation of the school.
(e) At least twenty-four hours notice must be given the department before any change in posted office hours.
(f) Each school shall file an application with the department accompanied by the required fees for any change of address of a driving school ten days before opening for business at any new location.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 320, 1651, 11102, 11105.2 and 11113, Vehicle Code.
s 340.25. Driver Education Courses for Minors.
(a) Any driver education course to be conducted for minors by a licensed driving school must be specifically approved by the department prior to the commencement of the course.
(b) Approval for conducting driver education courses shall be contingent upon the school meeting and maintaining the following requirements:
1. All driver education instruction shall be conducted in a classroom approved by the department.
2. All classroom instruction shall be taught by a licensed instructor.
3. Lesson plans must be approved by the department.
4. Each student may receive a maximum of seven (7) hours of instruction per day.
5. The schedule of classes including dates and times shall be filed with the department before any course begins.
6. Provide a minimum of 16 sq. ft. of floor space per student.
7. Provide adequate seating and writing facilities such as desks and chairs or tables and chairs.
8. Provide adequate lighting.
9. Have available in good working condition at least one of the following: 1) video recorder, 2) motion picture projector, 3) slide projector, or, 4) film strip projector. The school must also have a chalk board or a magnetic board.
10. Use at least five (5) motion picture films, video tapes, film strips, or slide presentations or any combination thereof approved by the department. The total presentation(s) must provide at least 100 minutes of actual viewing time.
11. Use textbooks approved by the department and provide one book per student participating.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
s 340.27. Certificates of Completion for Minors.
(a) Each driving school shall be held accountable for any Certificate of Completion, forms OL 237, OL 238 and OL 239, issued to the school. Form OL 214 used for such accounting shall be furnished by the department. Each certificate issued shall be recorded in numerical sequence giving the number of the certificate, the full name of the student, and the date the certificate was issued. Whenever the school goes out of business all such records of certificates issued shall be surrendered to the department along with any unused certificates.
(b) Certificates of Completion shall not be issued for any minor who does not complete the training required by Section 12814.6(a)(4)(B) of the Vehicle Code. Upon request of a minor student withdrawing from a course of instruction prior to completion of such course, the school shall issue the student a certified copy or transcript of his instructional record which shall show the amount and type of training given.
(c) Any driving school providing the required training course to students described in paragraph (b) of this section shall retain a copy or transcript of each student's record as evidence of the total hours of training he/she has received. A Certificate of Completion may then be issued by the driving school for each student completing the required course of instruction.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1652, 11108, 11113 and 12814.6, Vehicle Code.
s 340.30. Equipment.
(a) Passenger Vehicles. A certificate stating that each training vehicle has been inspected and is in safe mechanical condition shall be submitted to the department by each driving school operator before a driving school license may be issued or renewed. Exception: Upon renewal, a new certificate may not be required if the vehicle(s) was inspected within 120 days of renewal and such certification is on file with the department. The inspection and certificate must be completed by a person licensed to repair automobiles by the Bureau of Automotive Repair or by an employee of a repair facility licensed by the Bureau of Automotive Repair. The certificate must bear the signature and business address of the person making the inspection. A separate certificate must be submitted for each vehicle. Forms for this purpose shall be furnished by the department. Vehicle inspection certificates will be required on all replacement or added vehicles before they may be used in driver training.
(b) Commercial Power Units--Tractors. A certificate (CHP form 407B Rev. 1-81) stating that each training vehicle has had a critical item truck inspection and is in safe mechanical condition shall be submitted to the department by each driving school operator before driving school license may be issued or renewed. Further, the inspection and certificate must be completed every ninety days by a member of the California Highway Patrol certified to perform critical item truck inspections. A separate certificate must be submitted for each vehicle. Critical item truck inspection certificates will be required on all replacement or added vehicles before they may be used in driving training.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102 and 11109, Vehicle Code.
s 340.40. Advertising.
(a) The full official name of a driving school and the address of its established place of business or branch location(s) as shown in department records, or the school's occupational license number shall be used in all media of advertising and telephone anchor listings. Where a display advertisement appears in the yellow pages of the telephone directory, the address of the driving school's established place of business may be omitted from the display advertisement provided that,
(1) the school's address is listed in the directory's anchor listing; and
(2) the driving school's occupational license number is prominently displayed in the advertisement in lieu of the address.
(b) No driving school advertisement shall indicate in any way that a school can issue or guarantee the issuance of a driver's license or imply that the school can in any way influence the department in the issuance of a driver's license or imply that preferential or advantageous treatment from the department can be obtained.
(c) No licensed school shall advertise that it is approved by the department.
(d) The length of each lesson or course shall be clearly stated whenever the cost for such lessons or course is quoted or advertised.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11110, Vehicle Code.
s 340.45. Instruction.
(a) No licensee may conduct or permit any employee to conduct behind-the-wheel driving lessons in excess of two (2) hours per day for any person seeking to satisfy the requirements of Vehicle Code Section 12814.6. Advanced driver training of over two (2) hours per day may be given to any such person who has completed a minimum of six (6) hours of driver training except that no such previously unlicensed persons shall be given more than four (4) hours of behind-the-wheel training in any one day. Exceptions to this limitation may be granted under special circumstances with prior approval by the department.
(b) No licensee may conduct or permit any employee to conduct behind-the-wheel instruction upon a highway for any person who does not have in his immediate possession a valid instruction permit (Student License, DL Form 118) or driver license.
(c) No licensee may conduct or permit any employee to conduct behind-the-wheel instruction on a specific drive test route of any departmental office.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11113 and 12814.6, Vehicle Code; and Section 51220, Education Code.
s 342.00. Subject Matter of Driving Instructor Training Course.
The curriculum of any course of driving instructor training which will receive departmental approval must include the following subject matter.
Qualifications of a Professional Driving Instructor.
First Aid Relating to Vehicle Accidents.
Teaching Techniques for Training Drivers.
The Driving Privilege, Licensing and Controls.
Rules of the Road and Civil Liability Relating to Owning and Operating Motor Vehicles.
Motor Vehicles, Equipment and Maintenance.
Physical and Mental Capabilities of Drivers.
Physical Laws Affecting the Operation of Vehicles.
Student Orientation to Motor Vehicle Features and Controls.
Teaching Driving Skills.
Teaching Defensive Driving.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102.5, 11104 and 11113, Vehicle Code.
s 342.02. Departmental Approval of Instructor Training Course.
All textbooks, visual aids, course curriculum and lesson plans used in instruction shall be approved by the department.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
s 342.03. Course Monitoring by Department.
Schools shall submit to the department their schedule of driving instructor training courses. Department personnel may monitor all courses offered at any time.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1651 and 11113, Vehicle Code.
s 342.04. Proof of Satisfactory Completion.
Each student who successfully completes a driving instructor training course shall be furnished with a certificate evidencing such successful completion bearing the date on which the course was completed and the type of training received.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11104 and 11113, Vehicle Code.
s 342.05. Continuing Professional Education.
In lieu of a renewal examination every three-year period as provided in Sections 11105(b)(2) and 11105.1(b)(2) of the Vehicle Code, the department will accept evidence of completion within two (2) years of a college level course equivalent to two (2) semester units. The department will accept participation in appropriate courses and seminars as evidence of continuing professional education. To be acceptable, such participation must consist of a minimum of eighteen (18) hours within the preceding three (3) years.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11105 and 11105.1, Vehicle Code.
s 343.00. Delegated Testing Pilot Program.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
s 343.02. Requirements for Driving Schools Participating in the Delegated Testing Pilot Program.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 11110, 11104 and 12507.1, Vehicle Code.
s 343.03. Record Keeping and Reporting Requirements for Participating Driving Schools.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 11110, 11104 and 12507.1, Vehicle Code.
s 343.04. Inspections, Examinations and Audits by the Department.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
s 343.05. Advertising the Delegated Testing Pilot Program.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Section 12507.1, Vehicle Code.
s 343.06. Participant/Applicant Requirements.
Note: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference: Sections 12507, 12507.1 and 12814.6, Vehicle Code.
s 344.10. Definition.
A student license permits the operation of a class C motor vehicle by the licensee under the conditions set forth in Section 344.14 and may be issued by a driving school authorized by the department.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
s 344.12. Driving School Authorizations.
(a) A driving school currently licensed by the department and not on probation with the department may apply to the department at its headquarters in Sacramento for authorization to issue student licenses.
(1) The application for authorization shall be submitted on the Application for Authorization to Issue Student Licenses, Form OL 804 (4/89), provided by the department and shall contain the following information:
(A) The driving school name, occupational license number and the address of the principal place of business.
(B) A list of the names, corresponding signatures and, when applicable, the occupational license number of all driving school employees designated to issue student licenses.
(C) A statement that the driving school possesses at least one device to test the distance vision of each applicant for a student license and a description of the device.
(D) A statement that at least one employee is trained to conduct a vision test using the device described in subdivision (a)(1)(C) in order to determine that the distance vision of each applicant for a student license meets the vision criteria stated in Section 344.20(a)(2)(A).
(E) The signature of the driving school owner or the driving school operator, the date of the signature, and a certification that the information contained in the application is true to the best of their knowledge.
(b) If the department approves the application for authorization, a letter of approval shall be sent to the driving school owner by the department containing an authorization statement and an acknowledgment of the persons designated in the application to issue student licenses. If the department disapproves the request for authorization, a notice stating any reason for the disapproval shall be sent to the driving school owner.
(c) A driving school authorized to issue student licenses shall maintain with the department a current listing of the names and the corresponding signatures of all driving school employees designated to issue student licenses.
(1) Whenever an authorized driving school makes any change to its list of employees designated to issue student licenses, the driving school shall complete Part B of the Application for Authorization to Issue Student Licenses, Form OL 804 (4/89), and forward the updated listing to the department at its headquarters in Sacramento within 5 working days of the change excluding Saturdays, Sundays and legal holidays. An employee shall not be authorized to issue student licenses pursuant to Section 344.24 until the updated listing is forwarded by the driving school to the department.
(2) The department shall return to the authorized driving school an acknowledgment of the receipt of the updated listing.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
s 344.14. Description of Limitations.
(a) A student license shall permit the limited operation of a class C motor vehicle by the licensee to such times as the licensee is receiving driver training instruction at the direction and under the supervision of a licensed instructor in the employ of the authorized driving school which issued the student license.
(1) The student license shall be maintained by the authorized driving school which issued the license except at such times as the student licensee is receiving driver training instruction. At such times, the student license shall be maintained in the immediate possession of the student licensee.
(b) A student license shall be valid for not more than one year from the date of issuance indicated on the student license.
(c) A student license shall not be transferable from one authorized driving school to another authorized driving school.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 344.16. Applications.
Any person 15 years of age or older may apply to an authorized driving school for a student license. Every applicant shall complete an application for a student license.
(a) The student license application shall be the Application for Student License Issued by Authorized Driving Schools, Form OL 801 (10/88), provided by the department to the authorized driving school and shall contain all of the following information:
(1) The applicant's true full name, birthdate, mailing address, residence address and telephone number.
(2) A brief physical description of the applicant.
(3) Whether the applicant, within the last three years, has experience, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or whether the applicant has any disease, disorder, or disability which affects ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.
(4) Whether the applicant is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
(5) Whether the applicant has had his/her driving privilege or a driver license suspended or revoked within the last 7 years.
(6) Any other information necessary to enable the authorized driving school to determine whether the applicant is entitled to a student license.
(7) The applicant's certification that all information contained in the application is true to the best of their knowledge and a declaration that any false statement made on the application may result in the cancellation of any student license issued.
(8) The applicant's signature and the date of the signature.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 344.18. Verification of Name and Birthdate.
(a) Upon application for a student license the driving school shall require the applicant to produce identification to ensure the name stated in the application is the true name of the applicant, and the birthday stated in the application is the true birthdate of the applicant.
(1) Identification to establish the true name and the true birthdate of the applicant shall include one of the documents specified in Section 15.00 of Title 13 of the California Code of Regulations.
(b) The driving school employee verifying the true name and birthdate of the applicant for a student license shall record upon the student license application the type of document used for verification.
Note: Authority cited: Sections 1651, 12660, 12661 and 12801.5, Vehicle Code. Reference: Sections 12661, 12800, 12801.5 and 12805, Vehicle Code.
s 344.20. Examinations.
(a) Upon application for a student license the authorized driving school shall require the following examinations of the applicant:
(1) A test of the applicant's knowledge and understanding of traffic signs and signals.
(A) The knowledge test shall be the Student License Knowledge Test, Form OL 802 (10/88), provided by the department and shall be administered by a licensed driving school instructor employed by the authorized driving school. The knowledge test shall provide to the instructor information concerning the applicant's knowledge of basic signs and signals and rules of the road. The knowledge test shall be administered to non-English speaking or illiterate applicants in such a manner as to provide to the instructor the applicant's knowledge of basic signs and signals and rules of the road.
(2) A test of the vision of the applicant.
(A) The vision test shall be administered by an employee of the authorized driving school trained to conduct a test of the distance vision of the applicant for a student license on the distance vision testing device in possession of the authorized driving school. The vision test shall determine if the applicant has distance vision of at least 20/40 in both eyes combined, with at least 20/40 in the better eye and no less than 20/67 in the weaker eye, with or without corrective lenses.
(3) A test of the hearing of the applicant.
(A) The hearing test shall be administered by an employee of the authorized driving school. The hearing test shall demonstrate to the employee the applicant's ability to hear ordinary conversation with or without the use of a hearing device.
(b) The results of each examination shall be noted on the student license application by the person administering the test.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 344.22. Grounds Requiring Refusal.
(a) An authorized driving school shall not issue a student license to any person:
(1) Who is not 15 years of age or older.
(2) Who is unable, as shown by examination, to understand traffic signs or signals, or who is unable to read and understand simple English used in highway traffic and directional signs.
(3) Who does not, as shown by examination, have distance vision of at least 20/40 in both eyes combined, with at least 20/40 in the better eye and no less than 20/67 in the weaker eye, with or without corrective lenses.
(4) Who does not, as shown by examination, have the ability to hear ordinary conversation, with or without the use of a hearing device.
(5) Who does not have the complete and unrestricted use of all limbs without the assistance of any device.
(6) Who is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addiction to, or habitual use of, any drug.
(7) Who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or who has any physical or mental disability, disease, or disorder which could affect the safe operation of a motor vehicle.
(8) Who has evidence of a condition which may affect the ability of the applicant to safely operate a motor vehicle.
(9) Who has had their driving privilege or a driver license suspended or revoked within the last 7 years.
(10) Who has failed to furnish the authorized driving school the information required in the student license application.
(11) Who is under 17 years and six months of age and does not provide proof of completion of driver education, or is not simultaneously enrolled in driver education and training.
(12) Who is under 18 years of age and does not provide a statement signed by the parents or guardian giving permission for issuance of the student license.
(b) Any student license applicant refused a student license for reasons described in subdivision (a)(3) through (9) shall be referred to the department by the authorized driving school employee refusing the student license. When an applicant is referred to the department the driving school shall forward the student license application completed by the applicant refused the student license to the department within 10 working days excluding Saturdays, Sundays and legal holidays of the date of application.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 344.24. Issuance, Content and Disposition.
(a) When the authorized driving school determines that the applicant is lawfully entitled to a student license, a designated employee whose name and signature appears in the listing required by Section 344.12(c) shall issue the Driving School Student License, Form OL 800 (10/88).
(1) The student license shall contain the following information:
(A) A unique preprinted number.
(B) A written description of the limitations of the student license in terms of duration and use as specified in Section 344.14.
(C) The issuance date and the expiration date of the student license.
(D) The licensee's full name, birthdate and residence address.
(E) The signature of the licensee.
(F) The name and occupational license number of the authorized driving school issuing the student license.
(G) The name and the signature of the authorized driving school employee issuing the student license.
(b) Upon issuing the student license the authorized driving school employee shall verbally advise the applicant of the limitations of the student license in terms of duration and use as specified in Section 344.14.
(c) The student license shall be prepared in quadruplicate for disposition as follows:
(1) The original shall be the Student License and shall remain in the possession of the authorized driving school issuing the license except as noted in Section 344.14(a)(1).
(2) The first copy shall be the Driving School Copy and shall remain with the business records of the authorized driving school.
(3) The second copy shall be the DMV Copy and shall be forwarded to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays and legal holidays of the issuance date.
(4) The third copy shall be the Receipt for Applicant and shall be issued to the student licensee.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 344.26. Cancellations.
(a) A student license may be cancelled by the driving school that issued the license or by the department whenever, in the opinion of either, the safety of the student licensee or other persons requires the action. A student license may also be cancelled by the department or by the authorized driving school that issued the license when a license has been issued through error or when the student license applicant has provided false information on the application for a student license.
(b) When an authorized driving school cancels the student license, the reason for the cancellation, the date of the cancellation and the name of the authorized driving school employee cancelling the student license shall be recorded on the application for a student license. The date of the cancellation and the name of the authorized driving school employee cancelling the student license shall also be recorded on the original student license. Both documents shall be forwarded together to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays and legal holidays of the date of cancellation.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 344.28. Fees and Purchasing.
(a) The department shall charge an authorized driving school a fee of two dollars ($2) per student license. An authorized driving school shall not charge an applicant more than two dollars ($2) for a student license.
(b) Student licenses may be purchased by authorized driving schools in selected department field offices in multiples of 25.
(c) Student licenses shall only be purchased by an authorized driving school owner, operator, or employee presenting the original or a copy of the letter of approval to issue student licenses sent to the driving school owner by the department as specified in Section 344.12(b).
(1) An authorized driving school employee who is not the owner or operator shall also present a statement of permission to purchase student licenses on the letterhead stationary of the authorized driving school. The statement of permission shall be signed by the driving school owner and dated within 30 days of the current date.
(d) Student licenses purchased by an authorized driving school from the department shall be used exclusively by the purchasing school and shall not be sold or transferred to another school or any other entity.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.
s 344.30. Forms and Accountability.
(a) All driving schools authorized to issue student licenses shall be subject to the following provisions:
(1) Each authorized driving school shall account for any student license issued by the school on the Student License Issuance Log, Form OL 803 (4/89) provided by the department.
(A) Each student license issued shall be recorded on the log in numerical sequence listing the number of the student license, the full name of the licensee and the date the license was issued.
(B) Any voided student license shall be noted on the log in numerical sequence with the notation "void." The voided license including all copies and the receipt shall be forwarded to the department at its headquarters in Sacramento within 10 working days excluding Saturdays, Sundays, and legal holidays of the date the license was voided.
(C) Any lost or stolen student license shall be noted on the log in numerical sequence with the notation "lost" or "stolen." An authorized driving school shall forward a report to the department of any lost or stolen student license no later than the close of business of the next working day following the discovery of the loss or theft. The report shall contain the number of the lost or stolen student license and the reason the license is missing. (continued)