Suspensions - Compulsory Financial Responsibility - Vehicle - CA

Section § 16070

If you're involved in a car accident in California and don't show proof of insurance at the scene, your driving privileges could be suspended. This applies to both residents and nonresidents. The DMV will mail you a notice of their intent to suspend your license if they receive a report saying you weren't insured. You'll have 30 days to prove you were insured at the time of the accident, or your license will be suspended. You can request a hearing to contest the suspension.

(a) Whenever a driver involved in an accident described in Section 16000 fails to provide evidence of financial responsibility, as required by Section 16020, at the time of the accident, the department shall, pursuant to subdivision (b), suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.

(b) Whenever the department receives an accident report pursuant to this article that alleges that any of the drivers involved in the accident was not in compliance with Section 16020 at the time of the accident, the department shall immediately mail to that driver a notice of intent to suspend the driving privilege of that driver. The department shall suspend the driving privilege 30 days after mailing the notice, unless the driver has, prior to that date, established evidence of financial responsibility at the time of the accident, as specified in Section 16021, with the department. The suspension notice shall notify the driver of the action taken and the right to a hearing under Section 16075.

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Section § 16071

If another state has suspended someone's driver's license because they didn't have the necessary insurance or financial coverage, California will also suspend that person's driving privilege here if the reason for suspension would be valid under California's laws.

The department shall suspend the driving privilege of any person upon receiving notice from another state that the person’s driving privilege in that state has been suspended for failure to meet the financial responsibility provisions of the law in that state, if the suspension in that state was taken on grounds that would have resulted in a suspension in this state.

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Section § 16072

If your driver's license is suspended, it won't be reactivated for at least a year, and you must show you have proper insurance, called financial responsibility. If you don't keep this insurance for three years, the suspension returns. However, instead of suspending your license, you might ask to limit your driving to certain important trips, like going to work or driving your kids to school, by paying a $250 fee and proving you have insurance.

If your license is suspended because of a court judgment from an accident requiring insurance, it can end after a year, but it can be reinstated if the court decision changes and you haven't paid what you owe. Money from penalty fees mostly goes into a special state account but can end up in the general fund.

These rules don’t apply to commercial drivers unless they switch to a regular driver's license.

(a) The suspension of the driving privilege of a person as provided in Section 16070 shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility as provided in Chapter 3 (commencing with Section 16430), except that the suspension shall be reinstated if the person fails to maintain proof of financial responsibility for three years. However, in lieu of suspending a person’s driving privilege pursuant to this section, the department, upon application, if the person files and thereafter maintains proof of financial responsibility as provided in this section and pays a penalty fee to the department of two hundred fifty dollars ($250), may restrict the person’s driving privilege to any of the following situations:

(1) Necessary travel to and from that person’s place of employment.

(2) Driving that is required in the person’s course of employment, when driving a motor vehicle is necessary in order to perform the duties of the person’s primary employment.

(3) Necessary travel to transport a minor dependent in that person’s immediate family to and from an institute of primary or secondary instruction, if the chief administrative officer or principal of the educational institution certifies in writing to the department that the minor dependent is enrolled in the educational institution and no form of public transportation or schoolbus is available between the applicant’s place of residence and the educational institution.

The restriction shall remain in effect for the period of suspension required by this section, so long as proof of financial responsibility is maintained.

(b) If a suspension has been imposed under Section 16070 and one year has elapsed from the date the suspension actually commenced, that suspension shall be terminated if the driving privilege is suspended under Section 16370 or 16381 as the result of a judgment arising out of the accident for which proof of financial responsibility was required to be established. The department may reimpose the suspension of the driving privilege of a person under Section 16070 if the suspension under Section 16370 or 16381 is later set aside for a reason other than that the person has satisfied the judgment in full or to the extent provided in Chapter 2 (commencing with Section 16250) and has given proof of ability to respond in damages as provided in Chapter 3 (commencing with Section 16430).

(c) Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund. The balance in this fund on each July 1, which is not subject to appropriation as provided in Section 12980 of the Insurance Code, shall revert to the General Fund.

(d)

(1) Subdivision (a) does not apply to a commercial driver’s license holder.

(2) A commercial driver’s license holder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license, unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license.

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Section § 16073

If you're a person whose job is to drive for pay, your driving privileges for vehicles that aren't registered in your name won't be suspended if your job requires it, even if your driver's license is otherwise suspended. However, this exception doesn't apply if you have a commercial driver's license. If you have a commercial driver's license and your driving privileges are suspended, you can't drive commercial vehicles. This rule has been in effect since September 20, 2005.

(a) The privilege of a person employed for the purpose of driving a motor vehicle for compensation whose occupation requires the use of a motor vehicle in the course of his or her employment to drive a motor vehicle not registered in his or her name and in the course of that person’s employment may not be suspended under this chapter even though his or her privilege to drive is otherwise suspended under this chapter.

(b) Subdivision (a) does not apply to a commercial driver’s licenseholder. A commercial driver’s licenseholder whose driving privilege is otherwise suspended under this chapter may not operate a commercial motor vehicle.

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Section § 16074

If the department made a decision or didn't act because of wrong or missing information, it must correct that action once it gets the right information. This ensures the chapter's goals are properly met.

Whenever the department has taken any action or has failed to take any action under this chapter by reason of having received erroneous information, or by reason of having received no information, it shall take appropriate action to carry out the purposes and effect of this chapter upon receiving correct information.

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Section § 16075

This law explains how and when a driver's license suspension due to an accident takes effect. It says that the suspension won't happen until 30 days after the driver is notified and told about their right to a hearing. If the driver wants a hearing, they must ask for it in writing within 10 days of getting the notice. If they don't respond in time, they give up their right to a hearing.

If they request a hearing in time, the hearing must happen before the suspension becomes active. The hearing will determine if the accident caused over $1,000 in damage or injury and if the driver had the necessary insurance during the accident. A request for a hearing won't stop the suspension, but if the department doesn't conduct the hearing on time, they will delay the suspension date until a decision is made. The hearing takes place in the driver's resident county, following specific rules, and the decision is made within 15 days after the hearing ends.

(a) The suspension provisions of this article shall not apply to a driver or owner until 30 days after the department sends to the driver or owner notice of its intent to suspend his or her driving privilege, pursuant to subdivision (b) of Section 16070, and advises the driver or owner of his or her right to a hearing as provided in this section.

(b) If the driver or owner receiving the notice of intent to suspend wishes to have a hearing, the request for a hearing shall be made in writing to the department within 10 days of the receipt of the notice. Failure to respond to a notice of intent within 10 days of receipt of the notice is a waiver of the person’s right to a hearing.

(c) If the driver or owner makes a timely request for a hearing, the department shall hold the hearing before the effective date of the suspension to determine the applicability of this chapter to the driver or owner, including a determination of whether:

(1) The accident has resulted in property damage in excess of one thousand dollars ($1,000), or bodily injury, or death.

(2) The driver or owner has established evidence of financial responsibility, as provided in Article 3 (commencing with Section 16050), that was in effect at the time of the accident.

(d) A request for a hearing does not stay the suspension of a person’s driving privilege. However, if the department does not conduct a hearing and make a determination pursuant thereto within the time limit provided in subdivision (b) of Section 16070, the department shall stay the effective date of the order of suspension pending a determination.

(e) The hearing provided for by this section shall be held in the county of residence of the person requesting the hearing. The hearing shall be conducted pursuant to Article 3 (commencing with Section 14100) of Chapter 3 of Division 6.

(f) The department shall render its decision within 15 days after conclusion of the hearing.

(g) This section shall become operative on January 1, 2017.

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Section § 16076

If your driver's license is suspended because you were in an accident while uninsured, the DMV must inform you about the option to apply for a restricted license. This license allows you to drive only to and from work and during your job, but only if your suspension is solely due to this situation and no other violations. To apply, you must provide proof of insurance, pay a $250 penalty, and any outstanding reissuance fees.

This is part of the Mello-McAlister Restricted Employment Driving Privilege Act and helps those affected to maintain employment during the suspension period.

(a) The department shall notify every person whose driving privilege is suspended, pursuant to Section 16070, of that person’s right to apply for a restricted driving privilege authorized under Section 16072.

(b) For purposes of subdivision (a), the department shall prepare and publish a printed summary. The printed summary may contain, but is not limited to, the following wording:

“If your driving privilege is suspended due to involvement in an accident while you were uninsured, you may apply for a restricted license at any office of the Department of Motor Vehicles, accompanied with proof of financial responsibility, payment of a penalty fee of two hundred fifty dollars ($250), and, unless already paid, payment of a reissuance fee.

The Mello-McAlister Restricted Employment Driving Privilege Act allows you to apply for a driver’s license limiting you to driving to and from work, and during the course of your primary employment, during the one-year mandatory term of suspension. The restricted license will not be issued if any other suspension or revocation action has been taken against your driving privilege.”

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Section § 16077

If your driver's license is suspended because of serious health issues affecting you or someone in your family, you might be able to get a special license to drive for medical treatments. This costs $250 in total fees. You'll need to prove you have car insurance and that there's no other way to get to treatment.

Your application should explain the health problems, treatment type, and schedule, with a doctor's note to back it up. The Department of Motor Vehicles (DMV) will review your case fairly and may investigate more about your ability to drive safely. Funds from penalty fees help cover state costs. Commercial drivers can't get this special license unless they switch to a regular non-commercial license.

(a) The department, upon application and payment of a fifty dollar ($50) fee and a penalty fee of two hundred dollars ($200), may issue a restricted license to an applicant with serious health problems, or to an applicant with an immediate family member with serious health problems, when the applicant’s privilege to drive is otherwise suspended under this chapter. The restricted license may be issued to enable the applicant to drive a motor vehicle for the purpose of receiving medical or mental health treatments of a prolonged and repetitive nature for the applicant or the member of the applicant’s immediate family with serious health problems, if the applicant files and maintains proof of financial responsibility on file with the department pursuant to Section 16021 and there is no other suitable means of transportation available.

(b) The application shall set forth the nature of the health problem, the nature of the treatments, the duration and location of the treatments, and the schedule for visits. The applicant shall submit documentation signed by the treating physician and surgeon or licensed psychotherapist, as defined in subdivisions (a), (b), (c), and (e) of Section 1010 of the Evidence Code, as necessary to assist the department in its decision to grant or deny the restricted license. Upon reviewing the application, the department may determine that an investigation as to the person’s fitness to operate a motor vehicle is warranted. If the department makes this determination, the department may conduct an investigation in a manner provided for in Chapter 3 (commencing with Section 13800) of Division 6.

(c) In reviewing the application, the department shall give due consideration to the circumstances set forth in the application and shall be guided by principles of fairness and humanity.

(d) Notwithstanding Chapter 2 (commencing with Section 42200) of Division 18, all revenues derived from the penalty fees provided in subdivision (a) shall, after deduction by the department of the costs incurred by the department in administering this section, be deposited in the Financial Responsibility Penalty Account in the General Fund.

(e)

(1) Subdivision (a) does not apply to a commercial driver’s license holder.

(2) A commercial driver’s license holder whose driving privilege is otherwise suspended under this chapter is not entitled to a restricted license unless that person surrenders his or her commercial driver’s license and is issued a noncommercial class C or M driver’s license.

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Section § 16078

If you've already paid a penalty fee to get a restricted driving license, you may apply for another type of restricted license without paying extra fees. Similarly, if you paid the fee for a restricted license, you're also eligible to apply for another type of license restriction without additional fees. This process applies even if the first type of license or restriction was not actually issued to you.

Any person who has paid the penalty fee prescribed in subdivision (a) of Section 16072, whether or not the person has received the license restriction authorized by that section, may also apply for and receive a restricted license under Section 16077 without paying the fees prescribed in Section 16077. Any person who has paid the fees prescribed in subdivision (a) of Section 16077, whether or not the person has received the restricted license authorized by that section, may also apply for and receive the license restriction prescribed in Section 16072.

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