Occupational Licensing and Business RegulationsDriving Schools and Driving Instructors
Section § 11100
If you want to own a driving school or give paid driving lessons, you need to get a license from the department. However, this rule does not apply if you're dealing with how to drive big motor trucks with three or more axles, weighing over 6,000 pounds when empty.
Section § 11100.1
This law states that anyone teaching people how to operate all-terrain vehicles (ATVs) cannot claim their instruction meets certain legal requirements unless they are a licensed ATV safety instructor working with an approved ATV safety training organization. Certificates can only be given if these conditions are met.
This rule became effective on July 1, 1988.
Section § 11100.5
If a driving school or independent instructor needs certification from the Department of Education to join any state or federal training programs, having a license or certification from the Department of Motor Vehicles (DMV) might be enough to meet that requirement.
The driving school or instructor applying for this DMV licensing or certification will be responsible for covering the costs associated with it, and the DMV can charge a reasonable fee for these charges.
Section § 11101
This law explains that certain types of driving instruction don't fall under the rules of this chapter. It lists several exceptions, including public schools, nonprofit organizations that don't charge tuition, and commercial schools teaching specific off-highway driving skills like construction and racing vehicles. Additionally, vehicle dealers can instruct buyers for free, and employers can teach their employees. The law also clarifies that private secondary schools offering driver education aren't restricted by this chapter and don't need certified instructors.
Section § 11102
The law outlines the requirements for owners of driving schools or all-terrain vehicle safety training organizations. They must have a business open to the public not too close to DMV offices (unless established before 1976), and have suitable equipment for teaching vehicle operation, including specific safety features in their training vehicles. They also need to secure a $10,000 bond to protect students from fraud and designate an agent for legal action processes. Additionally, they must meet certain criteria outlined in other sections. If legal documents can't be delivered personally, they can appoint the director as their agent for service of process. There are specific procedures for serving legal documents, including various notifications, fees, and record-keeping. These requirements must be fulfilled within a year from the license application date.
Section § 11102.1
This law outlines what happens when a deposit is given instead of a bond by a driving school. First, if certain conditions are met and the director believes there are no claims against the deposit, it can be returned three years after the school stops operating or is no longer licensed. However, a judge can order the return of the deposit sooner if there's proof of no claims. Additionally, if there's any legal action involving the deposit, the state or relevant department can use part of the deposit to cover attorney fees and related costs.
Section § 11102.5
To become a driving school operator in California, you must pass an exam on driving laws and practices within three attempts and pay a $100 fee. You must be at least 21 years old and have significant experience as a driving instructor. Specifically, you need to have taught behind the wheel for at least 2,000 hours at a licensed driving school, or, if focusing on motorcycle instruction, completed 300 hours in motorcycle teaching. Those fully qualified by the State Department of Education with 1,000 hours of teaching in public schools are exempt from the 2,000-hour requirement. All requirements must be completed within one year of applying, otherwise, you must start the process again.
Section § 11102.6
If you're planning to open a driving school in California after July 1, 2016, without offering behind-the-wheel training, you must: pass a traffic law exam within three attempts, pay a fee for each exam, be at least 21 years old, and complete a 60-hour educational program. This program should cover topics like driving school responsibilities and current vehicle laws, and it must be from an accredited institution or an approved educational program.
All these requirements need to be completed within one year from your license application, or you'll have to start over with a new application, exam, and fee.
Section § 11103
If you own a driving school or are an independent driving instructor in California, you must have liability insurance for bodily injury and property damage. This insurance should cover at least $150,000 for injury or death to one person, $300,000 for multiple people, and $50,000 for property damage per accident during driving lessons.
You need to provide a proof of this insurance to the relevant department, and it must state that the policy can't be canceled without giving a 30-day notice.
Section § 11103.1
Any organization that provides all-terrain vehicle (ATV) safety training must have insurance for bodily injury and property damage when using vehicles for instruction. The coverage should be at least $150,000 for injuries or death to one person per accident, $300,000 for injuries or death to two or more people in a single accident, and $50,000 for property damage per accident. This requirement has been in effect since July 1, 1988.
Section § 11103.2
If you own a driving school and hire driving instructors or other staff, you're required to sign a statement, under penalty of perjury, confirming that you're following the worker's compensation laws as detailed in Section 3700 of the Labor Code. This statement must be in a specific form determined by the department.
Section § 11104
To become a driving instructor in California, you must fulfill several requirements: a high school education or equivalent, complete a course in driver education, pass an exam on traffic laws and teaching methods within three tries, be physically fit to drive and teach, hold a valid California driver's license for the appropriate vehicle class, not be on probation as a negligent operator, have a clean driving record, and be at least 21 years old. If you have a physical disability, you may still qualify for a license to teach classroom instruction only. These requirements need to be met within one year of applying, or you'll have to start over with a new application and fee.
Section § 11104.3
This law outlines the requirements for someone to become an all-terrain vehicle (ATV) safety instructor in California. To qualify, a candidate must not have a criminal record involving dishonesty or fraud and should have a high school education or equivalent. They must complete an approved ATV safety course, pass a necessary exam within three attempts, and be physically able to operate and instruct ATV use safely. Furthermore, they must have a valid driver's license, not be marked as a negligent operator, and have a clean driver record with no unresolved court-related issues. They must also be at least 18 years old and be sponsored by an ATV safety training organization. All requirements must be fulfilled within one year of applying for the license.
Section § 11104.5
If you want to become a driving school owner, operator, or instructor, you need to fill out a specific application form provided by the department. You must also submit details about your personal character, like honesty and integrity, as the department requires.
Section § 11104.6
If you are applying for a license or renewing one under this law, you must fill out and submit a specific application form to the department. You also need to give information about your character and reputation that the department asks for.
This rule has been in effect since July 1, 1988.
Section § 11105
This law outlines the process for obtaining and maintaining a driving school license in California. The Department of Motor Vehicles (DMV) grants these licenses to driving school owners and operators upon meeting certain qualifications, and these licenses are valid for one year. Licenses must be renewed yearly, which involves passing a specified exam every three years or providing evidence of continuing professional education related to driver instruction or traffic safety.
The DMV can issue a probationary license with specific conditions for the licensee if deemed necessary for public interest. In cases where a driving school owner passes away, a temporary certificate can be granted to manage the business while the estate is settled. This law ensures that driving schools comply with specified regulations to protect public safety before issuing or renewing licenses.
Section § 11105.1
This law explains the process for obtaining and renewing a license for driving school instructors and all-terrain vehicle safety instructors in California. The initial and renewed licenses are valid for three years, unless they are canceled, suspended, or revoked. Instructors must apply for renewal before their license expires and need to meet specific qualifications and complete an examination or provide evidence of continuing professional education. The department can issue probationary licenses with certain conditions that won't appear on the physical license. These rules have been in effect since July 1, 1988.
Section § 11105.2
This law outlines the fees associated with licenses for driving schools, all-terrain vehicle safety training organizations, and their instructors in California. For a driving school owner or ATV safety organization, the initial license fee is $150, renewing annually costs $50, and changes like name or address alterations require $70. Replacement of a lost license is $15. Driving school operators pay $100 for an initial license and renewal, with minor changes costing $15. Driving instructors are charged $30 for an original license or renewal, and $15 for changes or replacements. The law became effective on July 1, 1988.
Section § 11105.3
If you own, operate, or teach at a driving school in California and you need a license, make sure to renew it before it expires. If you miss the renewal deadline but your license wasn’t canceled, suspended, or revoked, you can apply again for a new license using specific procedures.
This provision took effect on July 1, 1988.
Section § 11105.5
This law allows individuals to get an independent driving instructor's license to teach driving in small cities with populations under 50,000 if there is no established driving school there. The person must meet the specific licensing requirements. However, this license can't be issued in counties with a population over 400,000. Additionally, the instructor must be an accredited teacher of driver education or driver training as defined by the Education Code.
Section § 11105.6
This law is about licensing all-terrain vehicle (ATV) safety training organizations. It states that these organizations can get a license if they meet certain qualifications and are approved by the Off-Highway Vehicle Safety Education Committee. The licenses last for one year and need to be renewed every year. The organizations must also meet certain requirements outlined in other sections for renewal purposes. This regulation has been in effect since July 1, 1988.
Section § 11106
This law allows the department to issue temporary permits to people applying for certain licenses related to driving schools or instructors. Applicants can use these permits to operate a school or give instruction while their qualifications are being checked, but the permit is only good for up to 120 days. For those applying to be instructors, a 30-day temporary permit may be given if they are still completing required courses. If a permit is wrongly issued or the application is incomplete, the department can cancel it. The section started working on July 1, 1988.
Section § 11107
This law outlines situations where the department can refuse to issue a license to people or businesses wishing to own or operate a driving school in California. The department may deny a license if the applicant doesn't meet qualifications, had a previous or another state's license suspended or revoked, or has performed actions that could cause suspension or revocation. Business representatives linked to such infractions may also cause denial. Additionally, making false statements on the application or having relevant criminal convictions or immoral behavior can lead to refusal.
If denied, applicants can ask for a hearing within 60 days. If one's license application was rejected or revoked, they may reapply after one year.
Section § 11108
This law requires licensed driving schools to keep detailed records of their operations, including names, addresses, and license numbers of the school, students, and instructors. They must also document the type, date, duration, and cost of instruction provided. All records must be kept for at least three years for the department’s confidential use and inspection.
If a school stops operating, it must give its records to the department within three days, excluding weekends and holidays, and these will be returned within 30 days. Additionally, all-terrain vehicle safety training organizations and instructors have specific reporting obligations. Instructors must submit reports by the 15th of the month and notify the department about upcoming courses at least 30 days in advance. This law has been in effect since July 1, 1988.
Section § 11108.5
If you own a school that requires a license under this chapter, you must inform the department within 10 days if there's any change in ownership or corporate structure. Also, if you move your school to a new location, let the department know right away. If you're a school operator or instructor, you have to tell the department within five days if you change where you live. This rule has been in effect since July 1, 1988.
Section § 11109
If you have a license to teach driving, you must keep all your training vehicles in safe working order at all times.
Section § 11110
This law allows the California Department of Motor Vehicles to suspend or revoke a license for various violations. A license can be revoked if the holder fails to meet licensing requirements, keeps poor records, or engages in fraud involving driver’s licenses or ATV safety certificates. Misleading advertising, misrepresenting affiliation with the department, or soliciting near DMV offices are also grounds for action. Violations of specific vehicle and penal codes, unsafe training practices, or teaching without proper licenses are other reasons. Additionally, the law addresses misuse of licenses and unethical recruitment of students. The DMV can immediately suspend a license if public safety is at risk and must hold a hearing within 30 days.
Section § 11110.1
If there's a reason that could stop someone from getting a license in the first place, that same reason could be used to suspend or take away a license they already have.
Section § 11110.2
If you're a school owner with a license, it can be automatically canceled in certain situations. These are moving your business without informing the department, not keeping a necessary bond in place, voluntarily or involuntarily giving up your license, changing the designated licensee, or losing your corporation status. The department can still take action to revoke or suspend your license even if you stop doing business or if your corporation status changes.
Section § 11110.5
The Department of Motor Vehicles can cancel a driving school operator's or instructor's license if it was issued by mistake or if the holder voluntarily surrenders it. This cancellation doesn't negatively affect the person's record, and they can apply for a new license immediately without extra fees or tests, following the department's rules. This regulation has been in effect since July 1, 1988.
Section § 11110.7
This law allows the department to refuse or suspend a license temporarily if the person or business involved has been convicted of a serious crime related to their licensing duties. This action can be taken even if an appeal is pending, or the conviction isn't final.
If the conviction is confirmed or becomes final, the temporary license suspension becomes a permanent denial or revocation. If there's a probation period involved, the same terms apply to this final decision.
If the conviction is overturned on appeal, the department must immediately cancel the refusal or suspension of the license.
Section § 11111
This law explains the process for canceling, suspending, or revoking a license for those regulated under this chapter. Generally, a licensee has the right to be notified and heard before their license is canceled, suspended, or revoked. However, certain violations lead to immediate cancellation without a hearing. If the department acts against a license, this decision can be reviewed by a court. The department can temporarily suspend a license, but must hold a hearing within 30 days if they do. A suspended, expired, or canceled license can still undergo further action for suspension or revocation, affecting future licensing decisions.
Section § 11111.2
Section § 11111.5
This law allows the director to settle disputes with driving school owners, operators, and instructors, including those in all-terrain vehicle safety organizations, without needing a hearing or appeal after a formal accusation. They can agree on penalties like probation or fines, with the maximum fines being $1,000 for school owners or organization principals and $500 for operators or instructors. The department sets a schedule for these fines, and settlements must be filed correctly to be valid.
If the accused doesn't meet the settlement terms, the agreement fails, and the department may proceed with legal actions. This rule has been in effect since July 1, 1988.
Section § 11112
If someone's application for a driver's license is denied, they have the right to request a hearing to appeal this decision. They need to make this request in writing within 60 days after being notified of the denial.
The hearing will follow specific procedures outlined in another part of the government rules, which are detailed starting at Section 11500.
Section § 11113
This law section allows the director to set rules for driving schools about how they should conduct driver education and training courses. These rules must include teaching about the dangers of driving under the influence of alcohol or drugs, addressing driver attitudes and motivations to help reduce aggressive driving and road rage, and watching a specific video about proper conduct during a traffic stop.
Additionally, the director can set guidelines for training driving instructors, including the curriculum and facilities. The department will oversee the instruction provided by driving schools to ensure compliance.
Section § 11113.3
This law section mandates that the curriculum rules for driver education include information on motorists' rights and duties concerning traffic laws and safety.
Section § 11113.5
This section requires the department to create rules and standards for the licensing and control of driving schools that offer driver education and training specifically for large commercial vehicle drivers. These rules ensure that owners, operators, and instructors at these schools are properly qualified to teach safe driving practices for drivers of these large vehicles on highways.
Section § 11114
The Department of Motor Vehicles (DMV) can ask someone who is licensed to teach driving to prove they are still qualified if there's reason to doubt their skills. If they don't agree to this check-up, the DMV can immediately suspend their license until they do. The suspension starts as soon as they are notified.