6. California Licensing & Registration

Tip:

The following pages are text-intensive, since they deal primarily with the laws of the California vehicle Code. It is a little lengthy, and tedious, however, ANY of these subjects may be covered in your written test. Therefore, we highly recommend that you do NOT skip this, or other text-intensive pages. Knowledge is the key to passing your test, as well as avoiding tickets and collisions in the future.

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 as well as other codes of the State including:

The California Vehicle Code requires DMV to license and/or inspect the operations of:

The California Vehicle Code contains the laws and regulations governing the licensing process, the expiration and renewal of a driver license, and the suspension and revocation of a driver license. Special certifications or endorsements are required to:

The California Vehicle Code specifies what types of trailers and vehicles can be towed, what types of vehicles are necessary for towing different trailers and vehicles, and what licenses, certifications, or endorsements are necessary to be able to tow these trailers and vehicles.

The California Vehicle Code specifies the types of hazardous materials that can be transported, under what conditions, and the licensing or certification of persons necessary for operating the vehicle.

The California Vehicle Code addresses:

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:

DMV provides ID cards which are not driver licenses. These ID cards are useful for identification, but are not legal for driving a vehicle.

There are differences between an instruction permit and a regular driver license for both minors and adults including restrictions on when, with whom, and under what conditions you may drive. In addition, there are differences in how an instruction permit is obtained for minors and adults.

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 .

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 persons previously licensed in another US state or territory, or in another country, which may include a waiver of the driving test. You are only allowed to drive in California for 10 days before obtaining a California license, if you are going to live here.

A driver license issued to a person younger than 18 years of age is called a provisional license. A provisional license is, basically, 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 drivers license until the age of 18 .

To obtain a provisional instruction permit you can be no younger than 15-1/2 years old.

You must be 21 years of age or older to apply for a license to drive commercial vehicles if 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:

You can call to make appointments at the DMV to apply for your license and take your tests, instead of waiting in line. Check your phone book for the number of the office nearest you or for a DMV telephone service center.

When you complete the application process, you must be prepared to have your photograph taken and it cannot be taken at a later time. 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:

Your static visual acuity will be tested during the application process. The DMV uses Snellen wall charts and the Optec 1000 vision tester to screen driver license applicants for a best-corrected distance visual acuity of no worse than 20/40. If you do not pass the vision screening standard you will be referred to an optometrist or ophthalmologist to have your vision further tested.

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

The written test for provisional license applicants has 46 questions; a maximum of 8 errors are allowed. 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 in order to 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 vehicle.

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

In addition, your vehicle must have a rear license plate with current year and month registration stickers, and you must also be able to show proof of financial responsibility for the vehicle (insurance) and your knowledge of arm signals.

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

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:

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 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:

Provisional licensees are automatically restricted to:

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 drivers license shall have it in his or her 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 provides cards which can provide emergency medical information and which can be carried with your license.

The law requires that you report accidents involving more than $1000 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 his or her 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:

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:

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:

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:

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 DMV to suspend your license for one year or, if the person does not have license, ordering DMV to extend the time for eligibility to apply for a license by one year.

Refusing to take a Preliminary Alcohol Screening (PAS) test (e.g., preliminary breath test) will result in a license suspension for one year.

The license will be revoked for subsequent offenses.

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.

A court may suspend or delay your driver license for 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 pistol, revolver, or other firearm that is possible to conceal is used unlawfully by the person.

A court may suspend or revoke a driver license for driving while under the influence of alcohol or drugs. You may also be imprisoned and fined.

Refusal to take a chemical test of your blood alcohol content (BAC) will result in license suspension. A license may be revoked for subsequent offenses. Law enforcement may legally conduct the test without your consent.

A court may suspend or revoke a driver license for certain offenses involving controlled substances when the use of a motor vehicle was involved in, or incidental to, the commission of the offense. A court is required to suspend or revoke your license if you use alcohol or drugs in the commission of certain offenses.

A court may suspend or revoke a driver license for excessive speeding ( driving in excess of 100 miles an hour ) or reckless driving. You may also be imprisoned or fined.

A license will be revoked for failing to stop at the scene of, or to provide information for, a fatal or injury accident in which the person is involved.

A license will also be revoked for reckless driving which results in bodily injury, alcohol-related offenses, and most felonies in which a motor vehicle is used, including vehicular manslaughter and assault with a deadly weapon involving a motor vehicle.

A court may suspend or revoke a license for auto theft.

A court may suspend or revoke a driver license for racing a vehicle on a highway (speed contest, exhibition of speed) or for aiding or abetting a speed contest. You may also be fined, imprisoned, and have your vehicle impounded.

A license will be suspended for failing, refusing, or neglecting to report an accident in which there is more than $750 worth of property damage, an injury, or death in which the person is involved.

A license will be suspended for failing to pay for property damage in excess of $750 or for damages resulting from injury or death which resulted from a motor vehicle. This includes judgments from small claims courts.

A license will be suspended for being unable to show proof of financial responsibility when involved in an accident.

A license may be revoked for violating license restrictions.

A court may suspend a license for multiple intersection violations, which include disobeying crossing guards and blocking an intersection, crosswalk, or railroad crossing.

A license may be suspended for multiple violations of not stopping for a school bus with flashing red lights.

A license will be suspended for failing to make family (child) support payments.

A license may be suspended if a motor vehicle is used in the commission of an act of prostitution, if the act occurred near a residence.

When DMV suspends or revokes a license (usually by notification in mail), the license must be surrendered. If you are caught later driving with a suspended or revoked license, the vehicle used can be impounded and sold.

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.

A vehicle you own can be impounded if driven by a person with a suspended or revoked license and if you allow a minor without a license or permit to drive it.

Altering or possessing an altered driver license can result in jail time, and may result in license suspension or revocation. It is unlawful to display to others or have in your possession a driver's license that is invalid or has been altered.

The consequences of a misstatement on a driver license application may include revocation of the license privilege.

Law enforcement uses red lights to pull drivers over because of a suspected traffic, equipment, or other legal violation. It is against the law to take or attempt evasive action in an effort to avoid a law enforcement stop.

When a law enforcement vehicle pulls behind you and turns on one or more 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.

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, simply 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 he or she indicates you are free to proceed, then continue carefully and safely on your way.

The California Vehicle Code provides for:

The California Vehicle Code specifies the type of equipment which must and must not 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:

The California Vehicle Code provides:

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 which shows that the vehicle is registered with the DMV.

If you purchase a car from a dealer, he or she 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:

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

DMV will not register your vehicle if you do not:

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:

If your registration card or license plate(s) are lost or mutilated, 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 on any highway 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 or typewriter.

If you put a new or different motor in your vehicle, and the vehicle is identified on the title or registration documents by this number, 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: