A. Scope of Vehicle Code

The California Driver Handbook is only a summary of the laws affecting vehicle ownership and operation. The California Vehicle Code contains important additional laws that you must also know and will be held accountable for if you own or operate a vehicle.

The California Vehicle Code requires DMV to license and/or inspect the operations of: (a) driver education and driver training schools, (b) vehicle registration services, (c) traffic violator schools, (d) vehicle dismantlers, (e) lessors and retailers of vehicles, (f) vehicle sales persons, and (g) vehicle transporters.

Driver licenses and the vehicle code

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 (a) operate a tow truck, (b) operate a farm labor vehicle, (c) transport hazardous materials, (d) drive fire fighting vehicles, (e) drive ambulances, (f) transport passengers, (g) drive a school or youth bus, (h) drive a commercial vehicle, (i) pull large trailers, and (j) ride a motorcycle.

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 (a) the definition of words and phrases related to motor vehicles, (b) licensing and registration administration issues, (c) registration of vehicles and certificates of title, (d) registration and transfer of vessels, (e) vehicle sales, (f) special antitheft laws, (g) occupational and business regulations, (h) driver licenses, (i) motor vehicle transactions with minors, (j) financial responsibility laws, (k) civil liability, (l) accidents and accident reports, (m) rules of the road, (n) sentencing for driving under the influence, (o) vehicle equipment, (p) transportation of explosives, hazardous materials, inhalation hazards, and flammable materials, (q) safety regulations, (r) motor carriers of property, (s) motor vehicle damage control, (t) the size, weight, and types of loads that may be transported, (u) implements of husbandry, (v) off-highway vehicles, (w) registration and licensing of bicycles, (x) offenses and prosecution, and (y) penalties and disposition of fees, fines, and forfeitures.

Types of driver licenses and permits

There is more than just one type of driver license; different types and classes of licenses and instruction permits are required and issued: (1) for various types of vehicles depending on (a) the weight of the vehicle, (b) what can be towed, (c) what can be carried in the vehicle or trailer, and (d) whether the vehicle is a motor cycle or other 2-wheeled vehicle and (2) depending on (a) whether you are learning to drive, (b) your age, and (c) whether you have completed a driver education course and (3) that have special restrictions as to when, with whom, under what conditions, and what type of vehicle you can drive.

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

 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 under the supervision of a driver training instructor.

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.

Obtaining a California driver license

The written knowledge test is available in more than 30 different languages and is also available on audio tape in many of these languages. However, if you take a non-English or oral test, you must also complete an additional test of your ability to recognize the meaning of common traffic signs in English.

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: (a) the driver window rolling down, (b) the windshield being unobstructed for the driver and examiner, (c) having rear-view mirrors, (d) the front and back turn signals working, (e) the brake lights working, (f) tires having adequate tread, (g) the foot brake not touching the floorboard, (h) a working horn, (i) a working emergency/parking brake, (j) locating the windshield wiper control, (k) locating the defroster, (l) locating the emergency flashers, (m) locating the headlight switch, (n) the passenger door opening from inside and outside, (o) the glove box being closed and secure, and (p) seat belts as manufactured being present and functional. 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 (a) dealing with through and stop intersections, (b) control of the vehicle, (c) parking lot driving, (d) backing up, (e) choosing the appropriate speed for conditions, (f) judging distances, (g) respecting right-of-way, (h) your degree of attentiveness, and (i) your visual-search skills, (j) business/urban and residential/rural driving, (k) lane changes, and (l) 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:

• (a) performing an unsafe maneuver for which the examiner has to intervene,

• (b) striking an object or curb with your vehicle,

• (c) disobeying a traffic sign or signal,

• (d) disobeying safety personnel or vehicles,

• (e) performing a dangerous maneuver,

• (f) driving too fast or too slow,

• (g) improper use of auxiliary equipment,

• (h) 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.

Driver license, restrictions

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 (a) driving certain types of vehicles, (b) driving at certain times, (c) driving with young passengers, (d) driving except for certain purposes, and (e) driving without special equipment or devices.

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.

E.  Requirements of licensed drivers

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 $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. (This topic is covered in more detail in Unit 8).

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.

F.  Actions taken against drivers and their licenses

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:

• (a) parking citations,

• (b) transfer of vehicles,

• (c) equipment violations,

• (d) violations of the rules of the road, and

• (e) improper licensing or certification.

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

• (a) a warning letter for receiving 1 point on your record within 12 months,

• (b) 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,

• (c) license suspension for 6 months and probation for 1 year for receiving 3 points in 12 months,

• (d) 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.

Driver license, Traffic Violator School

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.

Driver license, specific actions against younger drivers

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. (This topic is covered in more detail in Unit 10).

Other actions against younger drivers

• 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.

Driver license, actions against, general

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. (This topic is covered in more detail in Unit 10).

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 being unable to show proof of financial responsibility when involved in an accident.

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.

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.

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.

G.  Vehicle registration and the vehicle code

The California Vehicle Code provides for:

• (a) a pollution control (smog) check at the time of every second renewal of registration,

• (b) the notification of DMV if an engine is changed,

• (c) rules regarding damaged or lost license plates,

• (d) collection of parking fines,

• (e) the display of plates,

• (f) registration fees which vary with type and weight of vehicle,

• (g) the collection of sales tax on change of ownership, and

• (h) other regulations associated with vehicle registration and ownership.

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.

H.  Automobile ownership: responsibility and registration

The responsibilities associated with owning a vehicle include:

• (a) keeping it properly registered,

• (b) maintaining insurance or other evidence of financial responsibility,

• (c) keeping it in good mechanical condition, and

• (d) being sure those who drive it are properly licensed.

The California Vehicle Code provides: (a) regulations governing the advertisement of a vehicle for sale, (b) regulations concerning the consignment of a vehicle for sale, (c) regulations for private parties selling a vehicle involving the notification of DMV, and (d) 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 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: (a) consumer information being made available, (b) the correction of safety defects, (c) the display of a suggested retail price, and (d) 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:

• (1) an endorsed Certificate of Title from the seller,

• (2) a statement of the purchase price and odometer reading,

• (3) a smog certificate from the seller, and

• (4) 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:

• (a) pay the registration fees and taxes,

• (b) complete the appropriate forms,

• (c) provide a smog certificate, and

• (d) provide evidence of financial responsibility.

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

Your license plates:

• (a) must be mounted between 12 and 60 inches from the ground in the rear,

• (b) less than 60 inches from the ground in the front, and

• (c) your rear license plate must be illuminated.

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 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. (This topic is discussed in detail in Unit 8.)

Civil liability

Vehicle maintenance

You must keep your vehicle in good working condition, which includes preventative maintenance (this topic is discussed in detail in Unit 6). Failing to properly maintain your vehicle can result in breakdowns on the road, which may unnecessarily cause traffic congestion and accidents.

Anti-theft