California Vehicle Code VC 13353.7 – Restricted Noncommercial Driver’s License

Posted by on May 4, 2012

13353.7. (a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. After receiving proof of enrollment in the program, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review pursuant to Section 13557, suspend the person’s privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver’s license under the following conditions:

The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department.
The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
The restriction shall be imposed for a period of five months.
If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt by the person.

(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.

(c) If the holder of a commercial driver’s license was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license may not allow travel to and from or in the course of the person’s employment.

(d) This section does not apply to a person whose driving privilege has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, or as a result of a conviction of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, that violation occurred within 10 years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by Section 408 or 410 of Title 23 of the United States Code.

(e) This section shall become operative on September 20, 2005.

Added Sec. 10.5, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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California Vehicle Code VC 13354 – Driver’s License Actions: Consecutive

Posted by on May 4, 2012

California Vehicle Code VC 13354 – Driver’s License Actions: Consecutive

13354 (a) Notwithstanding Section 13366, if (1) an abstract of conviction is received by the department for an offense which requires the department to restrict, suspend, or revoke the privilege to operate a motor vehicle of a person after conviction or finding of a violation pursuant to Section 13352 or 13352.5, (2) there is a suspension of that person’s privilege to operate a motor vehicle already in effect for refusal to consent to, or for failure to complete, a chemical test pursuant to Section 13353 or a suspension already in effect for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2, (3) that suspension is administratively final and resulted from the same arrest, and (4) the sentencing court orders these restrictions, suspensions, revocations, or a combination thereof to run consecutively, then the restriction, suspension, or revocation resulting from the conviction or finding pursuant to Section 13352 or 13352.5 shall commence after the suspension already in effect pursuant to Section 13353 or 13353.2 has terminated, except as provided in subdivision (c) of Section 13353.3

(b) Notwithstanding Section 13366, if (1) the department is required to suspend a person’s privilege to operate a motor vehicle for refusal to consent to, or for failure to complete, a chemical test pursuant to Section 13353 or to suspend a person’s privilege to operate a motor vehicle for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2, (2) there is a restriction, suspension, or revocation of the person’s privilege to operate a motor vehicle already in effect for a conviction or finding of a violation pursuant to Section 13352 or 13352.5 which resulted from the same arrest, and (3) the sentencing court orders these restrictions, suspensions, revocations, or a combination thereof to run consecutively, then the suspension for refusal to consent to, or for failure to complete, the chemical test pursuant to Section 13353 or the suspension of that person’s privilege to operate a motor vehicle already in effect for driving with an excessive alcohol content in the person’s blood pursuant to Section 13353.2 shall commence after the restriction, suspension, or revocation already in effect pursuant to Section 13352 or 13352.5 has terminated, except as provided in subdivision (c) of Section 13353.3.

(c) The purpose of this section is to require that any suspension under Section 13353 or 13353.2 and any restriction, suspension or revocation under Section 13352 or 13352.5 resulting from the same arrest are cumulative and shall be imposed consecutively, if so ordered by the court.

(d) This section shall become inoperative on September 20, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed.

Amended and repealed Sec. 11, Ch. 551, Stats. 2004. Effective January 1, 2005.
Repeal operative January 1, 2006.

NOTE: The preceding section becomes inoperative on September 20, 2005, and is repealed January 1, 2006.

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California Vehicle Code VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13355 – Driving in Excess of 100 Miles Per Hour: Suspension

13355. The department shall immediately suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of a violation of subdivision (b) of Section 22348, or upon a receipt of a report of a judge of a juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of subdivision (b) of Section 22348 under the following conditions and for the periods, as follows:

Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within three years of a prior offense resulting in a conviction of an offense under subdivision (b) of Section 22348, the privilege shall be suspended for a period of six months, or the privilege shall be restricted for six months to necessary travel to and from the person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving within the person’s scope of employment.
Upon a conviction or finding of an offense under subdivision (b) of Section 22348 that occurred within five years of two or more prior offenses resulting in convictions of offenses under subdivision (b) of Section 22348, the privilege shall be suspended for a period of one year, or the privilege shall be restricted for one year to necessary travel to and from the person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving within the person’s scope of employment.

Amended Sec. 84, Ch. 149, Stats. 2003. Effective January 1, 2004.

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California Vehicle Code VC 13357 – Action Required for Auto Theft

Posted by on May 4, 2012

California Vehicle Code VC 13357 – Action Required for Auto Theft

13357. Upon the recommendation of the court the department shall suspend or revoke the privilege to operate a motor vehicle of any person who has been found guilty of a violation of Section 10851.

Added Ch. 1110, Stats. 1967. Effective November 8, 1967.

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California Vehicle Code VC 13359 – Grounds for Suspension or Revocation

Posted by on May 4, 2012

California Vehicle Code VC 13359 – Grounds for Suspension or Revocation

13359. The department may suspend or revoke the privilege of any person to operate a motor vehicle upon any of the grounds which authorize the refusal to issue a license.

Amended Ch. 498, Stats. 1976. Effective January 1, 1977.

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California Vehicle Code VC 13360 – Violation of License Restrictions

Posted by on May 4, 2012

California Vehicle Code VC 13360 – Violation of License Restrictions

13360. Upon receiving satisfactory evidence of any violation of the restrictions of a driver’s license, the department may suspend or revoke the same.

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California Vehicle Code VC 13361 – Grounds for Suspension

Posted by on May 4, 2012

California Vehicle Code VC 13361 – Grounds for Suspension

13361. The department may suspend the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses:

Failure to stop in the event of an accident resulting in damage to property only, or otherwise failing to comply with the requirements of Section 20002.
A second or subsequent conviction of reckless driving.
Manslaughter resulting from the operation of a motor vehicle as provided in paragraph (2) of subdivision (c) of Section 192 of the Penal Code.

In any case under this section the department is authorized to require proof of ability to respond in damages as defined in Section 16430.

Amended Ch. 6, Stats. 1985. Effective February 21, 1985.

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California Vehicle Code VC 13362 – Surrender of License Erroneously Issued

Posted by on May 4, 2012

California Vehicle Code VC 13362 – Surrender of License Erroneously Issued

13362. The department may require the surrender to it of any driver’s license which has been issued erroneously or which contains any erroneous or false statement, or which does not contain any notation required by law or by the department. In the event a licensee does not surrender the license upon proper demand, the department may suspend the licensee’s privilege to operate a motor vehicle. The suspension shall continue until the correction of the license by the department or until issuance of another license or temporary license in lieu thereof.

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California Vehicle Code VC 13363 – Conviction in Another State

Posted by on May 4, 2012

California Vehicle Code VC 13363 – Conviction in Another State

13363. (a) The department may, in its discretion, except as provided in Chapter 6 (commencing with Section 15000) of Division 6, of this code, suspend or revoke the privilege of any resident or nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of the person in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the privilege to operate a motor vehicle.

(b) Whenever any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada reports the conviction of a violation in such place by a person licensed in this State, the department shall not give effect to such report pursuant to subdivision (a) of this section or Section 15023 unless the department is satisfied that the law of such other place pertaining to the conviction is substantially the same as the law of this State pertaining to such conviction and that the description of the violation from which the conviction arose, is sufficient and that the interpretation and enforcement of such law are substantially the same in such other place as they are in this State.

Amended Ch. 237, Stats. 1963. Effective September 20, 1963.

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California Vehicle Code VC 13364 – Dishonored Checks

Posted by on May 4, 2012

California Vehicle Code VC 13364 – Dishonored Checks

13364.(a) Notwithstanding any other provision of this code, a person’s privilege to operate a motor vehicle shall be suspended upon notification by a bank or financial institution that a check has been dishonored when that check was presented to the department for either of the following reasons:

In payment of a fine that resulted from an outstanding violation pursuant to Section 40508 or a suspension pursuant to Section 13365.
In payment of a fee or penalty owed by the person, if the fee or penalty is required by this code for the issuance, reissuance, or return of the person’s driver’s license after suspension, revocation, or restriction of the driving privilege.

(b) The suspension shall remain in effect until payment of all fines, fees, and penalties is made to the department or to the court, as appropriate, and the person’s driving record does not contain any notification of a court order issued pursuant to subdivision (a) of Section 42003 or of a violation of subdivision (a) or (b) of Section 40508.

(c) No suspension imposed pursuant to this section shall become effective until 30 days after the mailing of a written notice of the intent to suspend.

(d) The written notice of a suspension imposed pursuant to this section shall be delivered by certified mail.

(e) If any personal check is offered in payment of fines described in paragraph (1) of subdivision (a) and is returned for any reason, the related notice issued pursuant to Section 40509 or 40509.5 shall be restored to the person’s record.

(f) Notwithstanding any other provision of law, any license that has been suspended pursuant to this section shall immediately be reinstated, and the fees and penalties waived, upon the submission of proof acceptable to the department that the check has been erroneously dishonored by the bank or financial institution.

Added Ch. 845, Stats. 1993. Effective January 1, 1994.
Amended Sec. 56, Ch. 877, Stats. 1998. Effective January 1, 1999.

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