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(continued)
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16072, Vehicle Code.
s 77.17. Medical Treatment Restriction.
(a) To drive to and from medical and/or mental health treatments for the suspended driver and/or an immediate family member of the suspended driver, the applicant shall submit the Application for Non-Commercial Restricted Driver License for Financial Responsibility Actions, form DL 691 (REV. 6/2005), with Part C completed.
(b) For the purposes of this section "immediate family members" shall include, but are not limited to: a spouse, children, parents, or anyone who resides within the household of the applicant.
(c) For the purposes of this section and pursuant to Vehicle Code section 16077 and Evidence Code section 1010, a "practitioner" shall be defined as the health care professional licensed by the State of California who prescribed the treatment(s) upon which the restriction application is based. The professions qualified to sign shall include, but not be limited to: licensed physicians; surgeons; nurse practitioners; psychiatrists; psychologists; clinical social workers; and marriage, family and child counselors.
(d) A "serious health problem" shall be defined as a health problem that requires more than one treatment appointment.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 1010, Evidence Code; and Section 16077, Vehicle Code.
s 80.00. Definitions.
As used in this article, the following definitions shall apply:
(a) A "financial statement" shall include, but not be limited to, the documents commonly known as balance sheets, profit and loss statements, explanatory notes or other documents which allow the department to determine an applicant's net financial worth.
(b) An "independent certified public accountant" is a certified public accountant, lawfully licensed to audit financial statements and render an opinion of an applicant's financial condition. For purposes of this regulation, an independent certified public accountant shall not be an employee of, or have any material or vested interest in the entity being audited.
(c) "Net worth" shall be defined as an applicant's net financial worth determined by calculating financial assets minus liabilities as identified on the financial statements and application or renewal attachments.
(1) Liabilities include unresolved past, current and future financial responsibility obligations and assessed risk factors.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053, Vehicle Code.
s 80.25. Requirements.
The applicant shall meet the following requirements to qualify as a self-insurer:
(a) The applicant shall have more than 25 motor vehicles registered in the name of the applicant as it appears on the Application for Certificate of Self-Insurance, form SR44 (REV. 6/01).
(b) The applicant shall provide audited financial statements of the applicant's net worth as defined in Section 80.00, Division 1, Chapter 1, of Title 13, of the California Code of Regulations. Included with the financial statements shall be an opinion of the financial condition of the applicant rendered by an independent certified public accountant.
(c) The net worth evidenced on the financial statement(s) submitted with the original application and subsequent annual renewals shall be equal to or greater than the net worth pursuant to Section 80.60, Division 1, Chapter 1, of Title 13, of the California Code of Regulations.
(d) No unsatisfied final judgments shall exist against the applicant's name resulting from property damages and/or bodily injury (including death) that occurred as a result of a motor vehicle accident.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053, 16054.2, Vehicle Code.
s 80.50. Initial Application.
(a) An applicant requesting the self-insurance method of compliance to the financial responsibility law pursuant to Vehicle Code section 16053 shall complete, sign and certify under penalty of perjury under the laws of the State of California, an Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01).
(1) The Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) is hereby incorporated by reference.
(b) The department shall consider the completed Application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) in accordance with the provisions of Articles 2 and 3, Chapter 1, of Division 7 of the Vehicle Code and Section 80.00, et seq., Division 1, Chapter 1, of Title 13, of the California Code of Regulations. If the application is approved, the department shall issue a Certificate of Self-Insurance form SR27 (REV. 10/99), which contains an assigned number that serves as evidence of financial responsibility as established in Vehicle Code section 16020(b)(2) and proof of financial responsibility pursuant to Vehicle Code section 16436.
(c) The Certificate of Self-Insurance, form SR27 (REV. 10/99) shall serve as proof or evidence of financial responsibility under Article 2, Chapter 1, and Article 1, Chapter 3, Division 7 of the Vehicle Code.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16052, 16053, 16054.2 and 16436, Vehicle Code.
s 80.55. Financial Statement.
(a) The application for a Certificate of Self-Insurance, form SR44 (REV. 6/01) shall be accompanied by an audited financial statement for the three-year period immediately preceding the date of application. The financial statement shall include an opinion of the net worth of the applicant rendered by an independent certified public accountant.
(1) This opinion shall apply to the net worth of the applicant for the date and time when the financial statement is signed.
(b) When an applicant has not been in existence for three years prior to the date of application, the department may accept a financial statement covering the period the applicant has been in existence.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053, Vehicle Code.
s 80.60. Net Worth.
The audited financial statement shall reflect a net worth of not less than $2,200,000 on the date of application.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code; and Sections 700.01, 700.02 and 700.25, Insurance Code.
s 80.65. Additional Information.
The department shall require a statement of claims and losses during the preceding three year period, a history of insolvency proceedings, accident and civil judgment history, claim reserves, and any relevant additional information necessary to determine the initial and continuing ability of the applicant to pay future claims.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
s 80.70. Updated Financial Statement.
If a Certificate of Self-Insurance, form SR27 (REV. 10/99) has not been issued or has been refused within six months of the date of application, the department may require the applicant to submit an updated financial statement.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
s 80.75. Renewal Requirements.
(a) The holder of a Certificate of Self-Insurance, form SR27 (REV. 10/99) shall submit to the department within twelve months after issuance of the certificate and at twelve month intervals thereafter, a completed Financial Responsibility Self-Insurance Renewal Attachment, form SR70 (REV. 3/98), which is hereby incorporated by reference and an audited financial statement for the previous year.
(1) The statement shall include an opinion of the net worth of the holder of the certificate rendered by an independent certified public accountant.
(A) This opinion shall apply to the net worth of the certificate holder for the date and time when the financial statement for the renewal application is signed.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053 and 16054.2, Vehicle Code.
s 80.80. Confidentiality.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16005, Vehicle Code.
s 80.85. Formal Hearing.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 and 16053(b), Vehicle Code.
s 80.90. Grounds for Cancellation.
Reasonable grounds for cancellation of a certificate of self-insurance shall include, but not be limited to, the following:
(a) Failure of the holder of the certificate to maintain the requirements for obtaining a certificate as required by this article.
(b) Inability, refusal or failure of the holder of the certificate to submit annual financial statements, the Financial Responsibility Self-Insurance Renewal Attachment, form SR70 (REV. 3/98) and requested supporting documentation as required by this article.
(c) Submission of fraudulent or incomplete documents.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053 and 16054.2, Vehicle Code.
s 82.00. Uniform Insurance Card.
Every insurance company licensed to offer private passenger liability policies as described in Section 660(a) and (b) of the Insurance Code, except as provided in Vehicle Code section 4000.37, shall issue to each policy holder, for each vehicle covered by private passenger liability insurance, a California Evidence of Liability Insurance Document (REG 890A (Rev 5/97)).
(a) Form Layout. The information must appear on the California Evidence of Liability Insurance Document (REG 890A (Rev 5/97) as it appears in the following sample:
(b) Form Content. Each California Evidence of Liability Insurance Document shall contain the following information:
(1) A statement that the policy complies with Sections 16056 or 16500.5 of the California Vehicle Code
(2) The primary name of the insured covered by the policy, or the vehicle owner, or both
(3) The Vehicle Identification Number
(4) The make/manufacturer of the vehicle
(5) The year model of the vehicle
(6) The policy number issued for the policy
(7) The effective date of the coverage
(8) The scheduled expiration date of the coverage
(9) The name of the insurance company
(10) The address of the insurance company
(11) The five-digit National Association of Insurance Commissioners (NAIC) Number issued for the insurance company.
(c) Paper Specifications. The paper used for the California Evidence of Liability Insurance Document (REG 890A (Rev 5/97) shall meet the following specifications: Maximum and minimum 24 lbs. (90 gm2) OCR White Bond, and Laser Compatible. The paper shall be compliant with the American National Standard (ANSI) X3.96-1983, for Information systems - Continuous Business Forms (Single Part) - Paper Sizes.
(d) Document Size. The document shall be 3.5 inches tall and 8.5 inches wide. The document may be issued as a removable stub of a larger document.
(e) Color Ink. The ink used for completion of this form shall be black.
(f) Electronic Content
(1) Form number 89000 in postnet barcode font must be located 1/2 inch from the top and the right-side edge of the form. The form must have a 1/4 inch quiet zone around the postnet form number 89000. A stop and start bar must bracket the barcode.
(2) Each form shall also include a 72-digit electronic scan line of data that meets the following specifications:
(A) Font: OCR Font - A (OCRA) - 10 characters per inch
(B) Location: 1.2 centimeters from the bottom of the form; 1.2 centimeters from the right edge; and 2 centimeters from the left edge
(3) The OCR scan line shall contain the following information, in order:
(A) A two-position mail extraction code of 'FR'.
(B) A five-position National Association of Insurance Commissioners number.
(C) An eight-position policy effective date (MMDDCCYY format)
(D) An eight-position policy expiration date (MMDDCCYY format)
(E) A four-position vehicle year model (CCYY format)
(F) A three-position vehicle make, use the first three digits of the make. If the vehicle make is less than three positions, the remaining positions will be '9' (right fill)
(G) A two-position number indicating the number of positions that will be used for the vehicle identification number (01-30)
(H) A thirty-position vehicle identification number field, right filled with '0' if the number is less than thirty positions. If the vehicle identification number is greater than thirty positions, report the first 30 positions.
(I) An eight-position filed of zeroes (00000000)
(J) A two-position check digit (Algorithm). The DMV will make the algorithm available to insurance companies.
Note: Authority cited: Sections 1651 and 4000.37, Vehicle Code Reference: Sections 4000.37 and 16056, Vehicle Code; and Section 660, Insurance Code.
s 85.00. Definitions.
(a) Satisfactory evidence of financial responsibility as used in this Article shall mean private passenger automobile liability policies and coverages, private passenger automobile policies and coverages issued by an automobile assigned risk plan electronically reported as established in Vehicle Code sections 4000.38 or 16058, or any of the documents in Section 85.04, Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(b) "Issuance of original registration or transfer of registration" as used in this article shall mean the issue date of the registration card identified in Vehicle Code Section 4453, which is produced for vehicles subject to registration as specified in Article 1, Chapter 1, Division 3, of the Vehicle Code.
Note: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.37, 4000.38, 16053, 16054.2 and 16058, Vehicle Code.
s 85.02. Registration Suspension.
(a) When the department determines that the vehicle registration has been obtained by providing false evidence of financial responsibility, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be received by the department or its agent within thirty (30) days from the date of the notification or a suspension takes effect.
(b) When an insurance company informs the department that the required vehicle insurance policy or coverage is canceled, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be sent to the department or its agent within forty-five (45) days from the date of the notification or a suspension takes effect.
(c) When evidence of financial responsibility has not been provided to the department within thirty (30) days after issuance of original registration or transfer of registration, a written notification shall be sent to the registered owner(s) requiring satisfactory evidence of financial responsibility to be sent to the department or its agent within thirty (30) days from the date of the notification or a suspension takes effect.
Note: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.37, 4000.38 and 16058, Vehicle Code.
s 85.04. Alternative Procedure to Electronic Insurance Reporting.
(a) Under the alternative procedure authorized under Vehicle Code section 16058(e)(2), the department shall accept the following documents to permit the timely renewal of vehicle registration.
(1) An insurance card as described in Vehicle Code section 4000.37 and Section 82.00, Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(2) A department-issued certificate of self insurance form authorized under Vehicle Code section 16053 and Section 80.50(c), Article 2.3, Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(3) A department-issued written confirmation of cash deposited with the department pursuant to Vehicle Code section 16054.2.
(4) Documentation of a liability policy pursuant to Vehicle Code sections 4000.37 or 16054.2(b) that indicates coverage issued by a charitable risk pool, which may be provided by an insurance company admitted to do business in California or by the charitable risk pool.
(5) An insurance covering note or binder authorized under Insurance Code section 382 or 382.5 and provided by an insurance company authorized to do business in California.
(b) Registration accepted under the alternative procedure shall be subject to verification by the department or its agent.
Note: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 382 and 382.5, Insurance Code; and Sections 4000.37, 4000.38, 16053, 16054.2 and 16058, Vehicle Code.
s 85.06. Registration Reinstatement.
A vehicle registration shall be reinstated after satisfactory evidence of financial responsibility, payment of a fourteen ($14) dollar reinstatement fee authorized under Vehicle Code section 4000.38(c) and all fees and documents that meet registration requirements have been submitted to the department or its agent.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 4000.37, Vehicle Code.
s 85.08. Insurance Company Reporting Requirements.
(a) Insurance companies shall comply with Vehicle Code section 16058 by electronic reporting of information to the department or its agent in the American National Standards Institute (ANSI) X12.811 or California Automobile Liability Insurance (CALI) electronic formats.
(b) Unless there is no new information to report, the frequency for electronically reporting information shall be
(1) Pursuant to Vehicle Code section 16058(c), no less than once in any thirty (30) day period for all issued private passenger automobile libility insurance policies and coverages, or private passenger automobile policies and coverages issued by an automobile assigned risk plan.
(2) Pursuant to Vehicle Code section 16058(d), no less than once in any forty-five (45) day period for termination or changes in private passenger automobile libility insurance policies and coverages, or private passenger automobile policies and coverages issued by an automobile assigned risk plan.
Note: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sections 4000.38 and 16058, Vehicle Code.
s 100. Federal Standards and Requirements.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code; and Title 49, United States Code, Section 1811.
s 100.01. Reexaminations Pursuant to Vehicle Code Section 13801.
(a) Pursuant to Section 13801 of the Vehicle Code, the department shall consider it a failure to submit to or complete the reexamination if:
(1) The individual does not appear as scheduled for the reexamination.
(2) The individual fails to provide any information requested by the department.
(3) The individual fails to complete a drive test, if required by the department.
(4) The individual fails to complete a vision examination, if required by the department.
(5) The individual is not responsive to the questions of the departmental representative during the reexamination.
(6) The department does not receive a required medical evaluation of the individual by the date required, either because the individual refuses to authorize the doctor to release the information required, or because the doctor does not submit the evaluation. If a medical evaluation is required, the individual shall be required to submit the evaluation to the department not later than 26 days from the date the request for the evaluation was mailed or given directly to the individual, unless an extension is approved by the department for good cause.
(b) The department may reschedule a reexamination at the request of the driver for good cause, in lieu of suspension, or may reschedule the reexamination at the need of the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 13801, Vehicle Code; and Section 1795.12(b), Health and Safety Code.
s 100.02. Requirements for Out-of-State Drivers.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100, 12500, 12502, 12804.1, 12804.3, 12805, 12809, 12810, 12810.5, 13205, 13352, 13352.5, 13353, 13355, 13357, 13359, 13361, 13363, 13365, 13552, 13553, 13954, 14252, 15020, 15023, 15024, 23157, 23160, 23161 and 23166, Vehicle Code; and Title 49, Code of Federal Regulations, Section 391.41.
s 100.03. Renewal of Certificate.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code.
s 100.04. Exceptions to the Certificate Program.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1 and 12804.3, Vehicle Code; and Section 25163, Health and Safety Code.
s 100.05. Refusal, Revocation, and Hearing.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100, 12804.1, 12804.3, 12805, 12807, 12809, 12810.5 and 13950 through 14112, Vehicle Code.
s 100.06. Employer Certification of Training for Hazardous Waste, Hazardous Materials, or Bulk Liquid Loads.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code.
s 100.07. Training Requirements.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code; and Title 49, Code of Federal Regulations, Sections 172.200-172.204, 173.24, 177.800(a), 177.823, 177.855-177.861, 397.1-397.3, 397.7(b), 397.9(a) and 397.11-397.19.
s 100.08. Certificate of Driving Experience.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Section 12804, Vehicle Code.
s 100.09. Employers Qualifying for Certification for Class 1 and/or Class 2 Operation and Special Certificate Approval.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1 and 12804.3, Vehicle Code.
s 100.10. Additional Employer Requirements.
Note: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804, 12804.1, 12804.3 and 13950-14112, Vehicle Code.
s 100.11. Implementation.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804, Vehicle Code.
s 100.12. Revocation of Medical Certificates Approved by the Department of Motor Vehicles.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a) and (c), Vehicle Code.
s 100.13. Hearings.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a) and (c), Vehicle Code.
s 100.18. Minimum Physical and Medical Requirements for Class 1 or 2 Drivers' Licenses.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a), Vehicle Code.
s 100.19. Medical Certificates Required by Section 12804(c) of the Vehicle Code That May Be Issued by the Department of Motor Vehicles.
s 100.20. Policy or Bond Not in Effect at Time of Accident; Notice by Insurance Company or Surety Company.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020, 16021(b) and 16057, Vehicle Code.
s 100.25. Certificates -Submit in Duplicate.
s 100.30. Forms.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12650 and 12651, Vehicle Code.
s 100.31. Possession of Student Licenses.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12652, Vehicle Code.
s 100.40. Forms.
s 100.45. Minimum Instruction Requirements Acceptable to the Department.
s 100.50. Application Form.
s 100.55. Financial Statement.
s 100.60. Net Worth.
s 100.65. Additional Information.
s 100.70. Updated Financial Statement.
s 100.75. Annual Financial Statements.
s 100.80. Confidentiality.
s 100.85. Formal Hearing.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100 and 16053(b), Vehicle Code.
s 100.90. Grounds for Cancellation.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053(b), Vehicle Code.
s 100.91. Certification of Ignition Interlock Device.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 23235, Vehicle Code; and Sections 15374-15378, Government Code.
s 100.92. Refusal, Suspension or Revocation of Device Certification.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
s 100.93. Modification of Certified Device.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
s 100.94. Referral to an Authorized Installer.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 23235 and 23246(f), Vehicle Code.
s 100.95. Facilities and Records.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235, Vehicle Code.
s 101.05. Business Hours.
Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Sections 320, 11202(a)(2), 11208(a)(3), 11212(b), 11213(b) and 11214, Vehicle Code.
s 101.10. Authorized Signatures.
Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11213, Vehicle Code.
s 101.15. Curriculum Content.
Note: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11202, Vehicle Code.
s 101.20. Course Structure.
Note: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11202, Vehicle Code.
s 101.25. Instructors.
Note: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code. Reference: Section 11207(c)(2), Vehicle Code.
s 101.30. Fingerprinting of Applicants.
Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Sections 11202(a)(1) and 11206(a), Vehicle Code.
s 101.35. Completion Certificates.
Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11208(c), Vehicle Code.
s 101.40. Lost or Stolen Completion Certificates.
Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11208(c), Vehicle Code.
s 101.45. Alcoholic Beverage on School Premises.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11202(a)(3), Vehicle Code.
s 101.50. Separate Telephone Numbers.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11202(a)(3), Vehicle Code.
s 110.01. Factors Considered in Lapse of Consciousness Determinations.
The department may suspend or revoke the driving privilege of any individual that the department determines has a disorder characterized by lapses of consciousness or episodes of marked confusion, as defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808 of the California Code of Regulations, which affects the individual's ability to drive safely and/or to have reasonable control of a motor vehicle. In making this determination, the department may consider:
(a) The effect(s) of the disorder on the physical and mental abilities necessary to drive safely and to exercise reasonable control of a motor vehicle.
(b) The individual's testimony regarding the disorder and his/her ability to drive safely.
(c) Testimony from other individuals who have knowledge of the individual's disorder and his/her ability to drive safely.
(d) Whether the disorder is under control with or without medication.
(e) The individual's reliability regarding compliance with any prescribed medical regimen.
(f) Other medical conditions which may affect the lapse of consciousness disorder.
(g) The individual's driving record.
(h) Any other relevant evidence and/or factors which may affect the individual's ability to drive safely.
(i) A current medical evaluation of the individual provided by the individual's physician, as authorized by the individual, which provides information regarding:
(1) The diagnosis of the disorder.
(2) The date of onset of the disorder.
(3) The date of the last episode and the frequency of episodes.
(4) The stability of the condition.
(5) Any manifestations or impairments associated with the condition.
(6) The medical regimen prescribed and patient compliance with the prescribed regimen.
(5) The physician's prognosis.
Note: Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12805, 12806, 12813, 12814, 13360, 13800(f), 13801, 13802 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12805, 12806, 12813, 12814, 13360, 13800(f), 13801, 13802 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.
s 110.02. Department Actions.
If the department determines that an individual has a disorder characterized by lapses of consciousness or episodes of marked confusion, as defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808 of the California Code of Regulations, but also determines upon evaluation of competent medical evidence and all relevant factors that the individual is able to drive safely and maintain reasonable control of a motor vehicle, the department may
(a) Take no action against the individual's driving privilege.
(b) Place the individual on medical probation to monitor the individual's condition to ensure that the individual continues to be capable of driving safely. An individual placed on medical probation shall be required to:
(1) Authorize his/her physician to provide the department with medical evaluations on a regular basis, the frequency of which shall be determined by the department, or
(2) Report to the department in writing on the status of his/her disorder and
(3) Comply with any additional restrictions of the individual's privilege which the department deems necessary.
Note: Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12806, 12813, 12814, 13360, 13800(f), 13801 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.Authority cited: Section 1651, Vehicle Code; and Section 103900, Health and Safety Code. Reference: Sections 12806, 12813, 12814, 13360, 13800(f), 13801 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.
s 110.04. Disciplinary Guidelines.
In reaching a decision on an action regarding the driving privilege of a person under the provisions of the Vehicle Code, the department may consider the disciplinary guidelines, specified below, which are hereby incorporated by reference. Deviation from these guidelines, including the terms of probation, if any, is appropriate when the department, in its sole discretion, determines that the facts of a particular case warrant such a deviation; for example, the presence of mitigating or aggravating factors, the age of the case, and evidentiary problems.
(a) Guidelines for Actions Against the Driving Privilege Based on the Negligent Operator Treatment System (Rev. 2/2001).
(b) Guidelines for Actions Against the Commercial Driving Privilege (Rev. 2/99).
(c) Guidelines for Actions Against Driver License Certificates and Endorsements (Rev. 2/99).
(d) Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions (Rev. 2/99)
(e) Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility (Rev. 1/03).
(f) Guidelines for Actions Against the Driving Privilege Based On Fraud (Rev. 2/99).
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.5, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; Section 11425.50(e), Government Code; and Section 103900, Health and Safety Code.
s 115.01. Applicability.
Sections 115.01 through 115.10 of this article are applicable to hearings conducted before the department pursuant to Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, and Chapter 1 of Division 7 of the Vehicle Code.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.5, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; and Section 103900, Health and Safety Code.
s 115.02. Public Observation.
(a) The hearing officer may:
(1) Exclude persons whose conduct impedes the orderly conduct of the hearing;
(2) Restrict attendance because of the physical limitations of the hearing facility; or
(3) Take other action to promote due process and the orderly conduct of the hearing.
(b) The following provisions apply to hearings conducted by telephone:
(1) Except as otherwise provided by law, the hearing shall be open to public observation, provided a written request to observe a hearing is received by the department in a timely manner.
(2) In lieu of a written request, a request to observe a hearing may, with the approval of the department, be made by telephone or in person.
(3) Notwithstanding the timeliness requirement in subdivision (b), the department may grant a late request to observe a hearing, if it is determined by the department that the public interest would be served by granting that request.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.
s 115.03. Interpreters and Accommodation.
(a) In addition to the notice required by Government Code section 11435.60, the department shall notify each party of the right to an interpreter at the time they are notified of their right to a hearing.
(b) In any hearing where a party, a party's representative, or a party's expected witness requires an interpreter for any language, including sign language, that party shall be responsible for notifying the department as soon as the requirement is known.
(c) A request for an interpreter or other accommodation pursuant to this section does not stay the action by the department for which the notice is given.
(d) In lieu of a written request, a party's request for an interpreter may, with the approval of the department, be made by telephone or in person.
(e) Any interpreter who assists with the testimony or evidence at a hearing shall first declare, by oath or affirmation, that he or she will perform his or her duties truthfully. A suggested model form for the oath or affirmation of an interpreter, based on the language of Evidence Code 751, is as follows:
"Do you swear or affirm that you will make a true interpretation of the questions asked and the answers given and that you will make a true translation of any documents which require translation, into the English language, to the best of your skill and judgment?"
(f)(1) In any hearing where a party, a party's representative, or a party's expected witness has a disability requiring accommodation at the hearing, that party shall be responsible for notifying the department as soon as the requirement is known, in order to provide reasonable accommodation.
(2) In any hearing where a party, a party's representative, or a party's expected witness is hearing impaired and requires electronic amplification equipment, that party shall be responsible for notifying the department as soon as the requirement is known.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 14100(d), 16070 and 16075, Vehicle Code; and Sections 11435.15, 11435.20 and 11435.60, Government Code.
s 115.04. Hearing Requests.
Notwithstanding the requirement of a written request for hearing under subdivision (a) of Section 11506 of Part 1 of Division 3 of Title 2 of the Government Code, a respondent may, with the approval of the department, request a hearing by telephone or in person.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.
s 115.05. Discovery Requests.
Notwithstanding the provisions of Section 11507.6 of the Government Code and, in order to conform to the time constraints for hearings under Chapters 2 and 3 of Division 6 of the Vehicle Code:
(a) A party's request for discovery may, with the approval of the department, be made by telephone or in person.
(b) A request for discovery must be made at least 10 days prior to the date set for commencement of the hearing to receive discovery prior to the hearing.
(c) A request for discovery may be grounds for a continuance; however, it shall not stay the action by the department.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Articles 1-4 (commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sections 11507.6 and 11507.7, Government Code.
s 115.06. Change of Venue.
(a) A hearing will be scheduled by the department at an office of the department, or another location designated by the department, except as otherwise provided by the Vehicle Code.
(b) The parties, by agreement, may select any other place within the state for the hearing.
(c) A motion for a change in the place of the hearing may be made either orally or in writing.
(d) A motion shall be made within 10 days of the service of the notice of action.
(e) A motion for a change in the place of the hearing shall not stay the action by the department.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 13558(b), 14104 and 16075(e), Vehicle Code; and Section 11508, Government Code.
s 115.07. Telephone Hearings.
(a) Any hearing conducted all or in part by telephone, television, or other electronic means must be sufficiently audible that it can be clearly recorded and made part of the official record of the hearing. The hearing officer will grant a continuance of the hearing if at any time the audibility is such that it cannot be clearly recorded.
(b) The hearing officer shall not conduct all or part of a hearing by telephone, television, or other electronic means, if a party objects.
(c) Any objection to conducting all or part of a hearing by telephone, television, or other electronic means must be made at the time the hearing is requested or scheduled.
(d) Notwithstanding the requirement of subdivision (c), the department may allow a late objection to conducting all or part of a hearing by telephone, television, or other electronic means for good cause.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 13558, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Section 11440.30, Government Code.
s 115.08. Motions.
(a) Unless a motion, including a motion pursuant to Section 11450.30 of the Government Code, for a protective order or a motion to quash relating to a subpoena, is made during a hearing while on record, it shall be in writing, and shall be made with written notice to all parties, with proof of service upon all parties attached.
(b) Except as provided in subdivision (d), a motion to continue a case shall be made pursuant to Section 11524 of the Government Code.
(c) Any motion shall state in plain language the relief sought and the facts and circumstances the moving party contends support the motion, and shall be supported by legal authority.
(d) A motion shall be made and filed at least 5 business days before the date set for the commencement of the hearing.
(e) A motion filed pursuant to this section may be decided by the department without oral argument. Any party may request an opportunity for oral argument at the time of the filing of the motion or response. Oral argument shall be recorded and, with the approval of the hearing officer, may be made by telephone or in person.
(f) An order deciding any motion made pursuant to this section may be made by the hearing officer either orally on the record or in writing.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11450.05, 11450.30, 11455.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, Government Code.
s 115.09. Hearing Officer Disqualification.
(a) A hearing officer shall voluntarily disqualify himself or herself and withdraw from any case in which there are clear grounds for disqualification, including disqualification for bias, prejudice, or interest in the proceeding by the assigned hearing officer.
(b) It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the hearing officer:
(1) Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group.
(2) Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.
(3) Has, as a lawyer or public official, participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
s 115.10. Request for the Disqualification of a Hearing Officer.
(a) Any party may request the disqualification of any hearing officer by filing an affidavit, stating with particularity the grounds upon which it is claimed that the hearing officer is disqualified. The only grounds which will be considered in support of a disqualification request are those which clearly demonstrate the hearing officer's bias, prejudice, or interest in the proceeding.
(b) If notification of the hearing officer assignment has been made to the party ten days prior to the commencement of the scheduled hearing, the affidavit requesting the disqualification must be submitted to the driver safety office where the hearing is scheduled to be conducted at least four business days prior to the scheduled hearing. A written determination will be made on the hearing officer disqualification request, prior to the commencement of the notice hearing, by a person designated by the department. The written determination will be delivered to the requesting party at the noticed hearing prior to the taking of any evidence at the noticed hearing and shall be noted on the record.
(c) If notification of the hearing officer assignment has not been made to the party at least ten days prior to the commencement of the scheduled hearing, the request for disqualification must be made on the record, while the requesting party is under oath, and prior to the taking of any evidence at the noticed hearing. An oral determination on the request for a hearing officer disqualification shall be made on the record prior to the taking of any evidence by the person designated by the department.
(d) The person designated by the department to make the determination in response to a request for a hearing officer disqualification, shall not be the hearing officer who is the subject of the disqualification request.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
s 120.00. Purchase and Use of Notice of Completion Certificates.
(a) A Driving Under the Influence (DUI) Program provider shall use Notice of Completion Certificates, DL 101 (6/2003), purchased from the department only for submission to the department for participants who have satisfactorily completed the course of instruction offered by the provider. Except as required by subdivision (g), a DUI Program provider shall not issue, sell, loan, or transfer the certificates to the program participant, any other DUI Program provider, person, or entity.
(b) The department shall charge a fee of $3.00 per Notice of Completion Certificate.
(c) A DUI Program provider may purchase Notice of Completion Certificates in books of fifty (50) from the department's headquarters office. Requests to purchase completion certificates shall be mailed to:
Department of Motor Vehicles Forms and Accountable Items Section - MS G202 PO Box 932382 Sacramento, California, 94232-3820.
(1) The request to purchase completion certificates shall be on a Request for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be completed in full and shall contain the printed name and original signature of the program director or any employee authorized by the program director to order completion certificates. The Request for DUI Program Forms, DL 101R (Rev. 04/2004), is herein incorporated by reference.
(A) A DUI Program Director may authorize only one employee per licensed location to purchase or order DUI certificates and only two employees per licensed location to sign completed certificates by submitting a DUI Program Signatory Authority, DL 101S (Rev. 04/2004), which shall be completed in full and include the printed name and title of the employee, the effective date of the authorization, the employee's signature, and the DUI Program Director's printed name and signature. The DUI Program Signatory Authority, DL 101S (Rev. 04/2004), is herein incorporated by reference.
(B) A DUI Program Director may delete the authorization of an employee to purchase or order DUI certificates or to sign completed certificates by submitting, a DL 101S (Rev. 04/2004), which shall be completed in full and include the name of the deleted employee, the effective date of the deletion, and the printed name and signature of the DUI Program Director.
(C) The DL 101S must be submitted at least five (5) days prior to the effective date of the employee authorization or deletion.
(2) The department shall mail the completion certificates only to the address of record for the DUI Program provider.
(A) Each DUI Program provider shall have only one address of record for each licensed location at a time, which shall be consistent with the mailing or site address given to the Department of Alcohol and Drug Programs and printed in the Directory of DUI Program Service Providers.
(B) Any changes to the DUI Program provider's address of record that occur between Directory update publications must be made, in writing, on the letterhead stationery of the DUI provider, signed by the DUI Program Director, and mailed to the Department of Alcohol and Drug Programs prior to requesting completion certificates at the new address.
(d) The DUI Program provider shall maintain the pink copy of the Notice of Receipt of DUI Program Certificates, ADM 518A(New 5/2002) issued by the department with each shipment of DUI certificates as proof of receipt of completion certificates as a business record for four years from the date the ADM 518A is issued. The Notice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002) is herein incorporated by reference.
(1) The DUI program provider shall sign and mail back the white copy of the ADM 518A to the Department of Motor Vehicles' Forms and Accountable Items Section as evidence of receipt of the completion certificates.
(A) Until the department receives the white copy of the ADM 518A, the department will not authorize the acceptance of the completion certificates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM 518A from the DUI Program provider within eight weeks of the shipping date, the department may cancel the completion certificates shipped under the ADM 518A, and those completion certificates will not be accepted by the department. (continued)