6. California Licensing & Registration

Laws regarding the ownership, sale, operation, and maintenance of vehicles and trailers in the State of California as well as the licensing of drivers is set forth in The California Vehicle Code.

There is more than just one type of driver license; different types and classes of licenses and instruction permits are required and issued for various types of vehicles depending on:

• the weight of the vehicle
• what can be towed
• what can be carried in the vehicle or trailer
• whether the vehicle is a motorcycle or another 2-wheeled vehicle; and
• whether you are learning to drive
• your age
• whether you have completed a driver education course that have special restrictions as to when, with whom, under what conditions, and what type of vehicle you can drive

If you choose to get a REAL ID, the following video will help explain what's involved.

The DMV also provides ID cards, which are not legal for driving a vehicle.

There are different instruction permit and driver licenses for minors and adults. Minors have more restrictions on when, with whom, and under what conditions they may drive.

Students taking a driver training (behind-the-wheel) course may be eligible to be issued a student license by the school which allows them to drive only under the supervision of a driver training instructor from the school issuing the permit.

The DMV may, in rare cases, issue junior permits, the purpose of which is to allow persons 14 to 17 years of age to drive to and from specified locations so as to avoid a hardship on them or their family members (e.g., medical needs, financial needs, and transportation to school).

There are different requirements for obtaining licenses for people previously licensed in another US state or territory, or in another country, which may include a waiver of the driving test. If you’re a new California resident, you’re only allowed to drive in the state for 10 days before obtaining a California license.

A driver license issued to a person younger than 18 years of age is called a provisional license. A provisional license is a temporary license that allows you to gain driving experience, until you reach the age of 18. It is called "provisional" because it has certain provisions attached to it, as opposed to a regular driver license. Nobody obtains a full driver’s license until the age of 18.

To obtain a provisional instruction permit you must be at least 15.5 years old.

You must be 21 years of age or older to apply for a license to drive commercial vehicles if the vehicle is used in interstate commerce or to transport hazardous materials.

In addition to other licensing requirements, provisional license applicants must complete 50 hours of supervised behind-the-wheel driving practice, 10 of which must be at night.

To obtain a driver license you:

• must be a legal US resident
• must provide proof of age, residence, and social security number
• may be required to have completed a driver education and a driver training course (if under 17.5 years of age)
• must give a thumb print
• must pass a vision test
• a written test showing that you understand the traffic laws of California, and a behind-the-wheel test of your driving skills

You can call or go online to make appointments at the DMV to apply for your license and take your tests, instead of waiting in line.

When you complete the application process, you will have your photograph taken at your appointment. Your license will be mailed to you by DMV.

If you use a false name or knowingly make false statements on your license application, your license will be denied, and if it was already issued, it will be revoked.

Fees must be paid to:

• obtain an original license
• renew a license
• reinstate a license if it has been revoked or suspended
• obtain a duplicate license
• upgrade your license to another class or add an endorsement
• resubmit an application for a license if you fail three written tests or three driving tests

Your vision will be tested during the application process.

Your knowledge of traffic laws and safe driving practices will be assessed during the application process. Topics included on the written knowledge test include:

• accident responsibility
• DUI / drugs
• driving on freeways
• lane markings
• lane usage
• parking (including on hills)
• road hazards
• railroad crossings
• right-of-way
• seat belts and child restraint
• maintaining a space cushion
• speed and speed limits
• safe driving practices
• sharing the roadway with others
• driving with special vehicles (e.g., school buses)
• improving traffic flow
• traffic lights and signals
• turns
• traffic signs
• visual scanning
• driving in inclement weather

The written test for provisional license applicants has 46 questions. You’re allowed a maximum of 8 errors. The written test for adult original license applicants has 36 questions; 5 errors are allowed. The written test for license renewal applicants has 18 questions, 3 errors are allowed.

The tests are revised a number of times each year. It is better to prepare for the test by reading the most recent edition of the California Driver Handbook than by studying old versions of the tests.

The written test is available in over 30 different languages and is also available on audio tape. If you take a non-English test, or ANY audio test (even in English), you must ALSO pass an additional test of your ability to recognize the meaning of common signs in English.

Provisional license applicants who fail the written test are required to wait 1 week before being eligible for a retest. The purpose of this waiting period is to provide sufficient time for the applicant to study The California Driver Handbook.

If you fail the written test three times, you will have to pay a new license application fee and take the written knowledge test again.

During the behind-the-wheel driving test, no one except the examiner may accompany you and there may be no animals in the vehicle.

For the behind-the-wheel driving test, your vehicle must be in proper working order, which includes having functional:

• rear-view mirrors
• front and back turn signals
• brake lights
• tires with adequate tread
• foot brake that doesn’t touch the floorboard
• horn
• emergency/parking brake
• driver side window that rolls down
• an unobstructed windshield
• functioning and unaltered seat belts
• glove box that securely closes
• passenger door that can be opened from inside and outside

Before you do the driving portion of your test, you will be asked to locate the:

• windshield wiper control
• defroster
• hazard lights
• headlight switch

In addition, your vehicle must have a rear license plate with current year and month registration stickers. You must also be able to show proof of financial responsibility for the vehicle through your insurance.

The behind-the-wheel driving test will assess your understanding of the rules of the road and skill handling the vehicle, and will address:

• navigating through and stop intersections
• arm signal
• control of the vehicle
• parking lot driving
• backing up
• choosing the appropriate speed for conditions
• judging distances
• respecting right-of-way
• your degree of attentiveness
• your visual-search skills
• business/urban and residential/rural driving
• lane changes
• left and right turns
• under certain circumstances, you may also have to demonstrate your ability to drive on a freeway or highway

Over 200 items are scored on the driving test. You may only make 15 or fewer errors to pass the test.

If you make a serious driving error on the driving test, you will be automatically disqualified. These errors include:

• performing an unsafe maneuver for which the examiner has to intervene
• striking an object or curb with your vehicle
• disobeying a traffic sign or signal
• disobeying safety personnel or vehicles
• performing a dangerous maneuver
• driving too fast or too slowly
• improper use of auxiliary equipment (such as windshield wipers or headlights)
• executing a lane violation

If you fail the driving test three times, your instruction permit will no longer be valid, and you will have to pay a new license application fee in order to take the driving test again.

The best way to prepare for the test is to take a driver training course and extensively practice the different maneuvers required on the test.

If you are applying for a provisional license, you must wait 6 months from the date you obtain your instruction permit before you may take the driving test, unless you turn 18 before the end of this 6-month period.

Provisional license applicants who fail the driving test are required to wait 2 weeks before being eligible for a retest. The purpose of this waiting period is to encourage applicants to gain additional behind-the-wheel practice.

Your drive test (called a "Driver Performance Evaluation") will look similar to this. It will consist of at least 8 intersection evaluations, 4 left and 4 right turn evaluations, and the other items listed.

Grounds for refusing to issue a license include:

• a history of alcohol/drug abuse
• illegal use of a license
• lying on your application
• lack of knowledge of rules of the road, signs, signals, and markings
• lack of driving skill
• having an outstanding traffic citation or failure to appear in court (FTA)
• failure to comply with a judgment or order for family support
• cheating on your written exam
• impersonation to fraudulently qualify for a license
• submitting fraudulent birth, legal presence, or Social Security Number documents
• attempting to hold more than one license
• not being of legal age
• having a physical or mental condition that impairs your ability to drive safely
• having your driving privilege currently under suspension or revocation
• being a negligent or incompetent driver of a motor vehicle

A driver's license may have special restrictions dealing with when, where, under what conditions, and with whom a vehicle may be operated which may prohibit you from:

• driving certain types of vehicles
• driving at certain times
• driving with young passengers
• driving except for certain purposes
• driving without special equipment or devices

Provisional licensees are automatically restricted to:

• not driving with passengers under age 20, unless a licensed driver age 25 or older is present (for the first 12 months or until age 18)
• not driving between 11:00 p.m. and 5 a.m., unless accompanied by a licensed driver age 25 or older (for the first 12 months or until age 18)

Exceptions to the passenger restriction are allowed for family need (such as taking younger siblings to school), and exceptions to the nighttime driving restriction are allowed for school, employment, and family or medical need (licensees must carry a statement from the appropriate school official, employer, doctor, or parent/guardian).

If you successfully complete all the procedures, requirements, and examinations for a license, you will be issued a temporary (paper) license which will permit you to operate a motor vehicle for a period of 60 days, or until your actual license has been issued or refused.

You are periodically (usually every 4 or 5 years) required to renew your driver license. You will have to pay a license renewal fee and may have to take a vision, written, or driving test.

If you fail the written test three times or are unable to pass the visual acuity test during a license renewal, you will be required to take a behind-the-wheel driving test.

The holder of a driver license shall have it in their possession whenever driving a car.

You must show your driver license to law enforcement officers when requested to do so, and, in case of an accident, to other drivers and persons involved.

If you change your address, you must notify DMV within 10 days.

If you change your name, you must appear at a DMV office to obtain a new license.

You must appear at a DMV office to replace a damaged or lost license. If your license is replaced and you find the old one later, you must destroy the old one.

DMV provides organ donor cards which can be carried with your license. Organ donation has saved thousands of lives, many of which were endangered by injuries due to traffic accidents.

The DMV also provides cards which provide emergency medical information and which can be carried with your license.

The law requires that you report accidents involving more than $750 worth of damage, or injury (no matter how slight), or death of any person, to the

DMV within 10 days using the Traffic Accident Report form (SR 1). You must make this report, whether you caused the accident or not, even if the accident occurred on private property.

You may report an unsafe driver by sending a signed letter to DMV identifying the driver and stating why you believe their ability to drive is impaired -- if you request it, your name will be kept confidential to the extent that the law allows.

There are various occurrences which can result in your driver license being delayed, suspended, revoked, or otherwise restricted or acted upon by the DMV. For example, a driver license may be revoked for violating special conditions that are placed on it, breaking certain laws, receiving too many traffic violations, and being involved in too many accidents.

The California Vehicle Code defines misdemeanors and felonies that can arise in connection with improper driving and vehicle ownership including:

• parking citations
• transfer of vehicles
• equipment violations
• violations of the rules of the road
• improper licensing or certification

The DMV keeps a public record of all your traffic convictions and accidents and assigns point counts to these occurrences. The purpose of the point count system is to alert drivers when they are in danger of being classified as a negligent operator of a motor vehicle.

Each occurrence will stay on your record for 36 months to 10 years or longer depending on circumstances. Points are assigned in the following manner:

• a traffic conviction for a minor driving infraction counts as one point
• any even partially at fault accident is normally counted as one point
• two points are charged against you if you are convicted of more serious traffic offenses (e.g., reckless driving, DUI, hit-and-run, evading law enforcement, driving while suspended or revoked, etc.)

You will be considered to be a negligent operator of a motor vehicle when your driving record shows any of the following point count totals, regardless of your license status:

• 4 points in 12 months
• 6 points in 24 months
• 8 points in 36 months

Being classified as a negligent operator may cause your license to be suspended. Further points assigned to your record may cause your license to be revoked.

Provisional licensees have even stricter point count criteria. You will receive:

• a warning letter for receiving 1 point on your record within 12 months
• a 30-day restriction of your driving privilege to driving only when accompanied by a licensed adult 25 years of age or older for receiving 2 points on your record within 12 months
• license suspension for 6 months and probation for 1 year for receiving 3 points in 12 months
• license suspension for 1 year or more for receiving additional points while on probation

Any restriction, suspension, or probation will continue past your 18th birthday for its full term. Other even stronger actions can be taken if you continue to add points to your record.

Under some circumstances and in certain jurisdictions, you may be able to attend a court-approved traffic violator school (depending on the county where you got the ticket and whether the judge offers), which will result in a dismissed citation and prevent the points from being included in your point count total. Only one citation within 18 months can be masked from the driving record this way.

Violating the passenger or nighttime driving restrictions imposed upon all provisional licenses may result in either court-ordered community service or a fine.

For persons ages 13 to 20, a conviction of using alcohol or a controlled substance anywhere results in the court ordering the DMV to suspend your license for one year or, if the person does not have a license, ordering the DMV to extend the time for eligibility to apply for a license by one year.

A provisional license will be suspended for failure to appear in court (FTA) or failure to pay fees or fines (FTP).

A court may suspend or delay your driver license for vandalism and habitual truancy from high school.

The parent or guardian who signed the application for a provisional license may request to have the license canceled at any time and for any reason.

A court may suspend or delay a license for 5 years if a firearm is used unlawfully by the person.

Your license may be suspended or revoked if you:

• drive while under the influence of alcohol or drugs
• refuse to take a chemical test of your blood alcohol content (BAC)
• use controlled substances while driving
• drive recklessly or at speeds over 100 miles an hour
• are involved in an accident that caused injuries or fatalities and you don’t stop at the scene of, or provide your information
• commit an alcohol-related offense or other felonies in which a motor vehicle is used, including vehicular manslaughter and assault with a deadly weapon involving a motor vehicle.
• commit auto theft
• race a vehicle on a highway or aide or abet a race. You may also be fined, imprisoned, and have your vehicle impounded.
• don’t report an accident you were involved in that has more than $750 worth of property damage, an injury
• fail to pay for property damages over $750 or for damages resulting from injury or death caused by your motor vehicle
• are unable to show proof of financial responsibility when involved in an accident.
• violate license restrictions
• have multiple intersection violations, which include disobeying crossing guards and blocking an intersection, crosswalk, or railroad crossing.
• have multiple violations of not stopping for a school bus with flashing red lights.
• fail to make family (child) support payments.
• if a motor vehicle is used in the commission of an act of prostitution

When the DMV suspends or revokes a license (usually by notification in mail), the license must be surrendered.

The penalties for driving without a license or on a suspended or revoked license include jail time, substantial fines, and impoundment of the vehicle being driven.

Altering or possessing an altered driver license can result in jail time and may result in license suspension or revocation. It is unlawful to possess a driver's license that is invalid or has been altered. Your license can also be revoked if you write incorrect information on your driver license application.

When a law enforcement vehicle pulls behind you and turns on their red lights, you are being pulled over for a traffic stop. Begin by slowing down and signaling your intention to pull to the right and stop.

It is against the law to take evasive action in an effort to avoid a law enforcement stop.

Never go to the left or onto a median, unless ordered to do so. Get as far over to the right-hand side of the street, road, or highway as you can, and stop your vehicle completely.

If you are being pulled over for a traffic stop on a freeway, pull completely onto the shoulder before stopping. If the officer uses a loudspeaker to direct you to the next exit and off the freeway, do as instructed.

If you do not feel safe stopping on the side of the road because it is dark, isolated, or if there is not enough room, you should still signal your intention to pull over. Signal, slow down, and use a hand wave to indicate to the law enforcement officer your intention to proceed to a freeway exit, well-lit area, or other safer place to stop.

Once you have pulled to the right and stopped, keep your hands on the steering wheel and wait for the officer to let you know what to do.

Turn off your vehicle's ignition, but do not begin fishing around in your car for your insurance, license, or registration until instructed to do so.

If you are being stopped at night, it is a good idea to turn on your inside or dome light so that the officer can see you. Remember to keep both of your hands on the steering wheel until instructed to do differently.

Follow the officer's instructions until they indicate you are free to proceed, then continue carefully and safely on your way.

The California Vehicle Code provides for:

• a pollution control (smog) check at the time of every other renewal of registration
• the notification of DMV if an engine is changed
• rules regarding damaged or lost license plates
• collection of parking fines
• the display of plates
• registration fees which vary with type and weight of vehicle
• the collection of sales tax on change of ownership
• other regulations associated with vehicle registration and ownership

The California Vehicle Code specifies the type of equipment that can be installed on a vehicle, and the responsibilities of dealers and private parties in connection with types of equipment and their condition

The California Vehicle Code specifies the width, height, weight, and load characteristics of vehicles including the distance loads may protrude from a vehicle.

The California Vehicle Code addresses issues associated with the ownership and operation of off-the-road vehicles.

The responsibilities associated with owning a vehicle include:

• keeping it properly registered
• maintaining insurance or other evidence of financial responsibility
• keeping it in good mechanical condition
• being sure those who drive it are properly licensed

The California Vehicle Code provides:

• regulations governing the advertisement of a vehicle for sale
• regulations concerning the consignment of a vehicle for sale
• regulations for private parties selling a vehicle involving the notification of DMV
• a lemon law for California

The California Vehicle Code also dictates that there is no cooling-off period once you have signed a contract for the purchase or lease of a vehicle, meaning that you cannot return the vehicle expecting a refund.

When you purchase a vehicle, you will receive a Certificate of Title, which is evidence of ownership and a Registration Card that shows that the vehicle is registered with the DMV.

If you purchase a car from a dealer, they will normally take care of submitting documents and fees to the DMV which will then send you your registration documents in the mail.

When a vehicle is being sold by a dealer, The California Vehicle Code provides for:

• consumer information being made available
• the correction of safety defects
• the display of a suggested retail price
• other issues associated with the sale of a vehicle

If you are purchasing a car from a private party, you must supply the DMV with:

• an endorsed Certificate of Title from the seller
• a statement of the purchase price and odometer reading
• a smog certificate from the seller
• sales tax fees corresponding to the purchase price of the vehicle. There are smog and tax exceptions granted for close relatives.

DMV will not register your vehicle if you do not:

• pay the registration fees and taxes
•  complete the appropriate forms
• provide a smog certificate
• provide evidence of financial responsibility

Your vehicle registration card must be carried in the vehicle whenever you are driving. You must show your registration to a law enforcement officer when requested.

Your license plates must be:

• mounted between 12 and 60 inches from the ground in the rear
• mounted less than 60 inches from the ground in the front
• illuminated in the rear

If your registration card or license plate(s) are lost or damaged, you must immediately notify the DMV and obtain replacement(s). If both of your license plates are stolen, you should also notify law enforcement.

You are not allowed to alter your license plate.

You must pay annual fees in order to keep your registration up to date and to receive annual registration cards and a year sticker for your license plate.

You will also have to provide evidence of financial responsibility and, periodically, a smog certificate (depending on the age of your vehicle). Your registration can be refused for a number of reasons, including not paying parking violations and other fees.

If you do not plan on operating, moving, or parking your vehicle because it is not working or for some other reason, you should apply for a certificate of nonoperation for your vehicle, instead of paying full renewal fees. However, you must pay additional fees, should you subsequently decide to use your vehicle on the road.

If you move and own a registered vehicle, you must notify the department of your new address within 10 days. You must also update your new address on your vehicle registration card using a pen.

If you put a new or different motor in your vehicle, you must inform the DMV within 10 days and pay a small fee.

If you sell or transfer a vehicle to someone else, you are responsible for notifying the DMV within 5 days of the sale using a Notice of Release of Liability form. You must also provide a current smog certificate to the buyer (in most cases) and the endorsed Certificate of Title.

If you purchase or obtain a vehicle from someone else, you are responsible for transferring ownership of the vehicle to your name with the DMV within 10 days of the purchase.

You must have insurance or otherwise comply with the regulations governing financial responsibility for your vehicle. There are minimum amounts of insurance that you must have. You must carry evidence of financial responsibility whenever you drive.

As the owner of a vehicle, you are responsible for damages in the event of an accident in which someone else is driving if they have your express or implied permission to drive the vehicle. The person signing a minor's license application is assuming liability for damages caused by the minor regardless of whose vehicle he or she is driving.

You must keep your vehicle in good working condition, which includes preventative maintenance. Failing to properly maintain your vehicle can result in breakdowns on the road, which may unnecessarily cause traffic congestion and accidents.

Stolen vehicles must be reported to law enforcement. In addition:

• it is unlawful to knowingly falsely report a vehicle as stolen
• law enforcement must be notified if a stolen vehicle is recovered
• it is unlawful to alter a Vehicle Identification Number (VIN)
• it is unlawful to participate in chop-shop activities