12500. (a) No person shall drive a motor vehicle upon a highway,
unless the person then holds a valid driver's license issued under
this code, except those persons who are expressly exempted under this
code.
(b) No person shall drive any motorcycle, motor-driven cycle, or
motorized bicycle upon a highway, unless the person then holds a
valid driver's license or endorsement issued under this code for that
class, except those persons who are expressly exempted under this
code, or those persons specifically authorized to operate motorized
bicycles with a valid driver's license of any class, as specified in
subdivision (g) of Section 12804.9.
(c) No person shall drive a motor vehicle in or upon any offstreet
parking facility, unless the person then holds a valid driver's
license of the appropriate class or certification to operate the
vehicle. As used in this subdivision, "offstreet parking facility"
means any offstreet facility held open for use by the public for
parking vehicles and includes any publicly owned facilities for
offstreet parking, and privately owned facilities for offstreet
parking where no fee is charged for the privilege to park and which
are held open for the common public use of retail customers.
(d) No person shall drive a motor vehicle or combination of
vehicles that is not of a type for which the person is licensed.
12501. The following persons are not required to obtain a driver's
license:
(a) An officer or employee of the United States, while operating a
motor vehicle owned or controlled by the United States on the
business of the United States, except when the motor vehicle being
operated is a commercial motor vehicle, as defined in Section 15210.
(b) Any person while driving or operating implements of husbandry
incidentally operated or moved over a highway, except as provided in
Section 36300 or 36305.
(c) Any person driving or operating an off-highway motor vehicle
subject to identification, as defined in Section 38012, while driving
or operating such motor vehicle as provided in Section 38025.
Nothing in this subdivision authorizes operation of a motor vehicle
by a person without a valid driver's license upon any offstreet
parking facility, as defined in subdivision (c) of Section 12500.
12502. (a) The following persons may operate a motor vehicle in
this state without obtaining a driver's license under this code:
(1) A nonresident over the age of 18 years having in his or her
immediate possession a valid driver's license issued by a foreign
jurisdiction of which he or she is a resident, except as provided in
Section 12505.
(2) A nonresident, 21 years of age or older, if transporting
hazardous material, as defined in Section 353, in a commercial
vehicle, having in his or her immediate possession, a valid license
with the appropriate endorsement issued by another state or other
jurisdiction that is recognized by the department, or a Canadian
driver's license and a copy of his or her current training
certificate to transport hazardous material that complies with all
federal laws and regulations with respect to hazardous materials,
both of which shall be in his or her immediate possession.
(3) A nonresident having in his or her immediate possession a
valid driver's license, issued by the Diplomatic Motor Vehicle Office
of the Office of Foreign Missions of the United States Department of
State, for the type of motor vehicle or combination of vehicles that
the person is operating.
(b) Any person entitled to the exemption contained in subdivision
(a), while operating, within this state, a commercial vehicle, as
defined in subdivision (b) of Section 15210, shall have in his or her
possession a current medical certificate of a type described in
subdivision (c) of Section 12804.9, which has been issued within two
years of the date of operation of that vehicle.
(c) A nonresident possessing a medical certificate in accordance
with subdivision (b) shall comply with any restriction of the medical
certificate issued to that nonresident.
12503. A nonresident over the age of 18 years whose home state or
country does not require the licensing of drivers may operate a
foreign vehicle owned by him for not to exceed 30 days without
obtaining a license under this code.
12504. (a) Sections 12502 and 12503 apply to any nonresident over
the age of 16 years but under the age of 18 years. The maximum
period during which that nonresident may operate a motor vehicle in
this state without obtaining a driver's license is limited to a
period of 10 days immediately following the entry of the nonresident
into this state except as provided in subdivision (b) of this
section.
(b) Any nonresident over the age of 16 years but under the age of
18 years who is a resident of a foreign jurisdiction which requires
the licensing of drivers may continue to operate a motor vehicle in
this state after 10 days from his or her date of entry into this
state if he or she meets both the following:
(1) He or she has a valid driver's license, issued by the foreign
jurisdiction, in his or her immediate possession.
(2) He or she has been issued and has in his or her immediate
possession a nonresident minor's certificate, which the department
issues to a nonresident minor who holds a valid driver's license
issued to him or her by his or her home state or country, and who
files proof of financial responsibility.
(c) Whenever any of the conditions for the issuance of a
nonresident minor's certificate cease to exist, the department shall
cancel the certificate and require the minor to surrender it to the
department.
12505. (a) For purposes of this division only and notwithstanding
Section 516, residency shall be determined as a person's state of
domicile. "State of domicile" means the state where a person has his
or her true, fixed, and permanent home and principal residence and
to which he or she has manifested the intention of returning whenever
he or she is absent.
Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
(1) Address where registered to vote.
(2) Payment of resident tuition at a public institution of higher
education.
(3) Filing a homeowner's property tax exemption.
(4) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
(b) The presumption of residency in this state may be rebutted by
satisfactory evidence that the licensee's primary residence is in
another state.
(c) Any person entitled to an exemption under Section 12502,
12503, or 12504 may operate a motor vehicle in this state for not to
exceed 10 days from the date he or she establishes residence in this
state, except that he or she shall obtain a license from the
department upon becoming a resident before being employed for
compensation by another for the purpose of driving a motor vehicle on
the highways.
(d) Subject to Section 12504, any person over the age of 16 years
who is a resident of a foreign jurisdiction other than a state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid
driver's license issued to him or her by any other foreign
jurisdiction having licensing standards deemed by the Department of
Motor Vehicles equivalent to those of this state, may operate a motor
vehicle in this state without obtaining a license from the
department, except that he or she shall obtain a license before being
employed for compensation by another for the purpose of driving a
motor vehicle on the highways.
(e) Any person from a foreign country, except a territory or
possession of the United States, the Commonwealth of Puerto Rico, or
Canada, shall obtain a class A or a class B license from the
department before operating on the highways a motor vehicle for which
a class A or class B license is required, as described in Section
12804.9. The medical examination form required for issuance of a
class A or class B driver's license shall be completed by a health
care professional, as defined in paragraph (2) of subdivision (a) of
Section 12804.9, who is licensed, certified, or registered to perform
physical examinations in the United States of America. This
subdivision does not apply to (1) drivers of schoolbuses operated in
California on a trip for educational purposes or (2) drivers of
vehicles used to provide the services of a local public agency.
(f) Nothing in this section authorizes the employment of a person
in violation of Section 12515.
12506. The department may issue a temporary driver's license to any
person applying for a driver's license, to any person applying for
renewal of a driver's license, or to any licensee whose license is
required to be changed, added to, or modified. Notwithstanding
subdivision (b) of Section 12805, the department may issue a
temporary driver's license to an applicant who has previously been
licensed in this state or in any other state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or the Dominion of Canada,
notwithstanding that the applicant has failed the written examination
on the person's first attempt.
A temporary license permits the operation of a motor vehicle upon
the highways for a period of 60 days, if the licensee has the
temporary license in his or her immediate possession, and while the
department is completing its investigation and determination of all
facts relative to the applicant's right to receive a license. The
temporary license is invalid when the applicant's license has been
issued or refused.
12508. When in the opinion of the department it would be in the
interest of safety, the department may issue, in individual cases, to
any applicant for a driver's license, a license limited in duration
to less than the regular term. Upon the expiration of a limited term
license the department may extend its duration for an additional
period without fee but the duration of the license and extensions
shall not exceed the term of a regular license.
12509. (a) Except as otherwise provided in subdivision (f) of
Section 12514, the department, for good cause, may issue an
instruction permit to any physically and mentally qualified person
who meets one of the following requirements and who applies to the
department for an instruction permit:
(1) Is age 15 years and 6 months or over and has successfully
completed approved courses in automobile driver education and driver
training as provided in paragraph (3) of subdivision (a) of Section
12814.6.
(2) Is age 15 years and 6 months or over and has successfully
completed an approved course in automobile driver education and is
taking driver training as provided in paragraph (3) of subdivision
(a) of Section 12814.6.
(3) Is age 15 years or over and is enrolled in an approved driver
education course and is at the same time or during the same semester
enrolled in an approved driver training course.
(4) Is over the age of 17 years and 6 months.
(5) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(b) The applicant shall qualify for and be issued an instruction
permit within 12 months from the date of the application.
(c) An instruction permit issued pursuant to subdivision (a) shall
entitle the applicant to operate a vehicle, subject to the
limitations imposed by this section and any other provisions of law,
upon the highways for a period not exceeding 24 months from the date
of the application.
(d) Except as provided in Section 12814.6, any person, while
having in his or her immediate possession a valid permit issued
pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), may
operate a motor vehicle, other than a motorcycle or a motorized
bicycle, when accompanied by, and under the immediate supervision of,
a California licensed driver with a valid license of the appropriate
class, 18 years of age or over whose driving privilege is not on
probation. Except as provided in subdivision (e), an accompanying
licensed driver at all times shall occupy a position within the
driver's compartment that would enable the accompanying licensed
driver to assist the person in controlling the vehicle as may be
necessary to avoid a collision and to provide immediate guidance in
the safe operation of the vehicle.
(e) Any person while having in his or her immediate possession a
valid permit issued pursuant to paragraphs (1) to (4), inclusive, of
subdivision (a), who is age 15 years and 6 months or over and who has
successfully completed approved courses in automobile education and
driver training as provided in paragraph (3) of subdivision (a) of
Section 12814.6, and any person while having in his or her immediate
possession a valid permit issued pursuant to subdivision (a) who is
age 17 years and 6 months or over, may, in addition to operating a
motor vehicle pursuant to subdivision (d), also operate a motorcycle
or a motorized bicycle, except that the person shall not operate a
motorcycle or a motorized bicycle during hours of darkness, shall
stay off any freeways that have full control of access and no
crossings at grade and shall not carry any passenger except an
instructor licensed under Chapter 1 (commencing with Section 11100)
of Division 5 of this code or a qualified instructor as defined in
Section 18252.2 of the Education Code.
(f) Any person while having in his or her immediate possession a
valid permit issued pursuant to paragraph (5) of subdivision (a), may
only operate a government-owned motor vehicle, other than a
motorcycle or a motorized bicycle, when taking the driver training
instruction administered by the California National Guard as required
by paragraph (2) of subdivision (a) of Section 21814.7.
(g) The department may also issue an instruction permit to a
person who has been issued a valid driver's license to authorize the
person to obtain driver training instruction and to practice that
instruction in order to obtain another class of driver's license or
an endorsement.
(h) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
12511. No person shall have in his or her possession or otherwise
under his or her control more than one driver's license.
12512. Except as provided in Sections 12513, 12514, and 12814.6, no
license to drive shall be issued to a person under the age of 18
years.
12513. (a) Upon application, successful completion of tests and
compliance with Sections 17700 to 17705, inclusive, the department
may issue a junior permit to any person 14 years of age, but less
than 18, who establishes eligibility as required by this section. A
person is eligible when, in the opinion of the department, any one or
more of the following circumstances exist:
School or other transportation facilities are inadequate for
regular attendance at school and at activities authorized by the
school. The application for a junior permit shall be accompanied by
a signed statement from the school principal verifying such facts. A
junior permit issued under this subsection shall be restricted to
operating a vehicle from residence to the school and return.
Reasonable transportation facilities are inadequate and operation
of a vehicle by a minor is necessary due to illness of a family
member. The application shall be accompanied by a signed statement
from a physician familiar with the condition, containing a diagnosis
and probable date when sufficient recovery will have been made to
terminate the emergency.
Transportation facilities are inadequate, and use of a motor
vehicle is necessary in the transportation to and from the employment
of the applicant and the applicant's income from such employment is
essential in the support of the family, or where the applicant's
operation of a motor vehicle is essential to an enterprise from which
an appreciable portion of the income of the family will be derived.
The application shall be accompanied by a signed statement from the
parents or the guardian, setting forth the reasons a permit is
necessary under this subsection.
(b) The existence of public transportation at reasonable intervals
within one mile of the residence of the applicant may be considered
adequate grounds for refusal of a junior permit.
(c) The department shall impose restrictions upon junior permits
appropriate to the conditions and area under which they are intended
to be used.
12514. (a) Junior permits issued pursuant to Section 12513 shall
not be valid for a period exceeding that established on the original
request as the approximate date the minor's operation of a vehicle
will no longer be necessary. In any event, no permit shall be valid
on or after the 18th birthday of the applicant.
(b) The department may revoke any permit when to do so is
necessary for the welfare of the minor or in the interests of safety.
(c) If conditions or location of residence, which required the
minor's operation of a vehicle, change prior to expiration of the
permit, the department may cancel the permit.
(d) Upon a determination that the permittee has operated a vehicle
in violation of restrictions, the department shall revoke the
permit.
(e) A junior permit is a form of driver's license that shall
include all information required by subdivision (a) of Section 12811
except for an engraved picture or photograph of the permittee, and is
subject to all provisions of this code applying to driver's
licenses, except as otherwise provided in this section and Section
12513.
(f) An instruction permit valid for a period of not more than six
months may be issued after eligibility has been established under
Section 12513.
(g) The department shall cancel any permit six months from the
date of issuance unless the permittee has complied with one of the
conditions prescribed by paragraph (3) of subdivision (a) of Section
12814.6.
12515. (a) No person under the age of 18 years shall be employed
for compensation by another for the purpose of driving a motor
vehicle on the highways.
(b) No person under the age of 21 years shall be employed for
compensation by another to drive, and no person under the age of 21
years may drive a motor vehicle, as defined in Section 34500 or
subdivision (b) of Section 15210, that is engaged in interstate
commerce, or any motor vehicle that is engaged in the interstate or
intrastate transportation of hazardous material, as defined in
Section 353.
12516. It is unlawful for any person under the age of 18 years to
drive a school bus transporting pupils to or from school.
12517. (a) No person shall operate a schoolbus unless that person
has in his or her immediate possession a valid driver's license for
the appropriate class of vehicle to be driven endorsed for passenger
transportation. When transporting one or more pupils at or below the
12th-grade level to or from a public or private school or to or from
public or private school activities, the person shall also have in
his or her immediate possession a certificate issued by the
department to permit the operation of schoolbuses.
(b) No person shall operate a school pupil activity bus unless
that person has in his or her immediate possession a valid driver's
license for the appropriate class of vehicle to be driven endorsed
for passenger transportation. When transporting one or more pupils
at or below the 12th-grade level to or from public or private school
activities, the person shall also have in his or her immediate
possession a certificate issued by the department to permit the
operation of school pupil activity buses.
(c) The applicant for a certificate to operate a schoolbus or
school pupil activity bus shall meet the eligibility and training
requirements specified for schoolbus and school pupil activity
busdrivers in this code, the Education Code and regulations adopted
by the Department of the California Highway Patrol, and, in addition
to the fee authorized in Section 2427, shall pay a fee of twenty-five
dollars ($25) with the application for issuance of an original
certificate, and a fee of twelve dollars ($12) for the renewal of
that certificate.
(d) A person holding a valid certificate to permit the operation
of a schoolbus or school pupil activity bus, issued prior to January
1, 1991, shall not be required to reapply for a certificate to
satisfy any additional requirements imposed by the act adding this
subdivision until the certificate he or she holds expires or is
canceled or revoked.
12517.1. (a) A "schoolbus accident" means any of the following:
(1) A motor vehicle accident resulting in property damage in
excess of seven hundred fifty dollars ($750) or personal injury, on
public or private property, and involving a schoolbus, youth bus,
school pupil activity bus, or general public paratransit vehicle
transporting a pupil.
(2) A collision between a vehicle and a pupil or a schoolbus
driver while the pupil or driver is crossing the highway when the
schoolbus flashing red signal lamps are required to be operated
pursuant to Section 22112.
(3) Injury of a pupil inside a vehicle described in paragraph (1)
as a result of acceleration, deceleration, or other movement of the
vehicle.
(b) The Department of the California Highway Patrol shall
investigate all schoolbus accidents, except that accidents involving
only property damage and occurring entirely on private property shall
be investigated only if they involve a violation of this code.
12517.2. (a) Applicants for an original or renewal certificate to
drive a schoolbus, school pupil activity bus, youth bus, general
public paratransit vehicle, or farm labor vehicle shall submit a
report of a medical examination of the applicant given not more than
two years prior to the date of the application by a physician
licensed to practice medicine. The report shall be on a form
approved by the department, the Federal Highway Administration, or
the Federal Aviation Administration.
(b) Schoolbus drivers, within the same month of reaching the age
of 65 and each 12th month thereafter, shall undergo a physical
examination, pursuant to Section 12804.9, and submit a report of
medical examination on a form as specified in subdivision (a).
12517.3. (a) (1) Applicants for an original certificate to drive a
schoolbus, school pupil activity bus, youth bus, or general public
paratransit vehicle shall be fingerprinted by the Department of the
California Highway Patrol, on a form provided or approved by the
Department of the California Highway Patrol for submission to the
Department of Justice, utilizing the Applicant Expedite Service or an
electronic fingerprinting system.
(2) Applicant fingerprint forms shall be processed and returned to
the office of the Department of the California Highway Patrol from
which they originated not later than 15 working days from the date on
which the fingerprint forms were received by the Department of
Justice, unless circumstances, other than the administrative duties
of the Department of Justice, warrant further investigation.
(3) Applicant fingerprints that are submitted by utilizing an
electronic fingerprinting system shall be processed and returned to
the appropriate office of the Department of the California Highway
Patrol within three working days.
(b) (1) Notwithstanding subdivision (a), an applicant for an
original certificate to drive a schoolbus, school pupil activity bus,
youth bus, or general public paratransit vehicle may be
fingerprinted by a public law enforcement agency, a school district,
or a county office of education utilizing an electronic
fingerprinting system with terminals managed by the Department of
Justice.
(2) The Department of Justice shall provide the fingerprint
information processed pursuant to this subdivision to the appropriate
office of the Department of the California Highway Patrol within
three working days of receipt of the information.
(3) Applicants for an original certificate to drive an ambulance
shall submit a completed fingerprint card to the department.
12517.4. This section governs the issuance of a certificate to
drive a schoolbus, school pupil activity bus, youth bus, general
public paratransit vehicle, or farm labor vehicle.
(a) The driver certificate shall be issued only to applicants
meeting all applicable provisions of this code and passing the
examinations prescribed by the department and the Department of the
California Highway Patrol. The examinations shall be conducted by
the Department of the California Highway Patrol, pursuant to Sections
12517, 12519, 12522, 12523, and 12523.5.
(b) A temporary driver certificate shall be issued by the
Department of the California Highway Patrol after an applicant has
cleared a criminal history background check by the Department of
Justice and, if applicable, the Federal Bureau of Investigation, and
has passed the examinations and meets all other applicable provisions
of this code.
(c) A permanent driver's certificate shall be issued by the
department after an applicant has passed all tests and met all
applicable provisions of this code. Certificates are valid for a
maximum of five years and shall expire on the same date as the
applicant's driver's license.
(d) No holder of a certificate shall violate any restriction
placed on the certificate. Depending upon the type of vehicle used
in the driving test and the abilities and physical condition of the
applicant, the Department of the California Highway Patrol and the
department may place restrictions on a certificate to assure the safe
operation of a motor vehicle and safe transportation of passengers.
These restrictions may include, but are not limited to, all of the
following:
(1) Automatic transmission only.
(2) Hydraulic brakes only.
(3) Type 2 bus only.
(4) Conventional or type 2 bus only.
(5) Two-axle motor truck or passenger vehicle only.
(e) No holder of a certificate shall drive any motor vehicle
equipped with a two-speed rear axle unless the certificate is
endorsed: "May drive vehicle with two-speed rear axle."
12517.5. A person who is employed as a driver of a paratransit
vehicle shall not operate that vehicle unless the person meets both
of the following requirements:
(a) Has in his or her immediate possession a valid driver's
license of a class appropriate to the vehicle driven.
(b) Successfully completes, during each calendar year, four hours
of training administered by, or at the direction of, his or her
employer or the employer's agent on the safe operation of paratransit
vehicles and four hours of training on the special transportation
needs of the persons he or she is employed to transport.
This subdivision may be satisfied if the driver receives
transportation training or a certificate, or both, pursuant to
Section 40082, 40083, 40085, 40085.5, or 40088 of the Education Code.
The employer shall maintain a record of the current training
received by each driver in his or her employ and shall present that
record on demand to any authorized representative of the Department
of the California Highway Patrol.
12518. The provisions of Section 12504 shall apply to any
nonresident who is under the age of 18 years and who is a member of
the armed forces of the United States on active duty within this
state, except that the maximum period during which such nonresident
may operate a motor vehicle in this state without obtaining a driver'
s license or a nonresident minor's certificate shall be limited to a
period of 60 days immediately following the entry of such nonresident
into this state.
12519. (a) No person shall operate a farm labor vehicle unless the
person has in his or her possession a driver's license for the
appropriate class of vehicle to be driven, endorsed for passenger
transportation, and, when transporting one or more farmworker
passengers, a certificate issued by the department to permit the
operation of farm labor vehicles.
(b) The applicants shall present evidence that they have
successfully completed the driver training course developed by the
Department of Education pursuant to Section 40081 of the Education
Code, and approved by the Department of Motor Vehicles and the
Department of the California Highway Patrol before a permanent
certificate will be issued.
(c) The certificate shall be issued only to applicants qualified
by examinations prescribed by the Department of Motor Vehicles and
the Department of the California Highway Patrol and upon payment of a
fee of twelve dollars ($12) to the Department of the California
Highway Patrol.The examinations shall be conducted by the Department
of the California Highway Patrol.
(d) A person holding a valid certificate to permit the operation
of a farm labor vehicle, issued prior to January 1, 1991, shall not
be required to reapply for a certificate to satisfy any additional
requirements imposed by the act adding this subdivision until the
certificate he or she holds expires or is canceled or revoked.
12520. (a) No person employed as a tow truck driver, as defined in
Section 2430.1, shall operate a tow truck unless that person has, in
his or her immediate possession, a valid California driver's license
of an appropriate class for the vehicle to be driven, and a tow truck
driver certificate issued by the department or a temporary tow truck
driver certificate issued by the Department of the California
Highway Patrol, to permit the operation of the tow truck.
(b) When notified that the applicant has been cleared through the
Department of Justice or the Federal Bureau of Investigation, or
both, and if the applicant meets all other applicable provisions of
this code, the department shall issue a permanent tow truck driver
certificate. The permanent tow truck driver certificate shall be
valid for a maximum of five years and shall expire on the same date
as that of the applicant's driver's license.
12521. An operator of a tour bus shall, at all times when operating
the tour bus, do all the following:
(a) Use a safety belt.
(b) Report any accidents involving the tour bus to the Department
of the California Highway Patrol.
12522. (a) Every person who operates a schoolbus or youth bus in
the transportation of school pupils shall, in addition to any other
requirement for a schoolbus or youth bus driver's certificate,
qualify by an examination on first aid practices deemed necessary for
schoolbus operators or youth bus operators. Standards for
examination shall be determined by the Emergency Medical Services
Authority after consultation with the State Department of Education,
the Department of Motor Vehicles, and the Department of the
California Highway Patrol. The local school authority employing the
applicant shall provide a course of instruction concerning necessary
first aid practices.
(b) The Department of the California Highway Patrol shall conduct
the first aid examination as part of the examination of applicants
for a schoolbus or youth bus driver's certificate and shall certify
to the Department of Motor Vehicles that the applicant has
satisfactorily demonstrated his or her qualifications in first aid
practices, knowledge of schoolbus or youth bus laws and regulations,
and ability to operate a schoolbus or youth bus. The first aid
certifications shall be valid for the term of the schoolbus or youth
bus driver's certificate.
(c) The first aid examination may be waived if the applicant
possesses either of the following minimum qualifications:
(1) A current first aid certificate issued by the American Red
Cross or by an organization whose first aid training program is at
least equivalent to the American Red Cross first aid training
program, as determined by the Emergency Medical Services Authority.
The Emergency Medical Services Authority may charge a fee, sufficient
to cover its administrative costs of approval, to an organization
that applies to have its first aid training program approved for
purposes of this paragraph.
(2) A current license as a physician and surgeon, osteopathic
physician and surgeon, or registered nurse, or a current certificate
as a physician's assistant or emergency medical technician. The
first aid certificate or license shall be maintained throughout the
term of the schoolbus or youth bus driver's certificate and shall be
presented upon demand of any traffic officer. The schoolbus or youth
bus driver's certificate shall not be valid during any time that the
driver fails to maintain and possess that license or certificate
after the first aid examination has been waived.
12523. (a) No person shall operate a youth bus without having in
possession a valid driver's license of the appropriate class,
endorsed for passenger transportation and a certificate issued by the
department to permit the operation of a youth bus.
(b) Applicants for a certificate to drive a youth bus shall
present evidence that they have successfully completed a driver
training course administered by or at the direction of their employer
consisting of a minimum of 10 hours of classroom instruction
covering applicable laws and regulations and defensive driving
practices and a minimum of 10 hours of behind-the-wheel training in a
vehicle to be used as a youth bus. Applicants seeking to renew a
certificate to drive a youth bus shall present evidence that they
have received two hours of refresher training during each 12 months
of driver certificate validity.
(c) The driver certificate shall be issued only to applicants
qualified by examinations prescribed by the Department of Motor
Vehicles and the Department of the California Highway Patrol, and
upon payment of a fee of twenty-five dollars ($25) for an original
certificate and twelve dollars ($12) for the renewal of that
certificate to the Department of the California Highway Patrol. The
examinations shall be conducted by the Department of the California
Highway Patrol. The Department of Motor Vehicles may deny, suspend,
or revoke a certificate valid for driving a youth bus for the causes
specified in this code or in regulations adopted pursuant to this
code.
(d) An operator of a youth bus shall, at all times when operating
a youth bus, do all of the following:
(1) Use seat belts.
(2) Refrain from smoking.
(3) Report any accidents reportable under Section 16000 to the
Department of the California Highway Patrol.
(e) A person holding a valid certificate to permit the operation
of a youth bus, issued prior to January 1, 1991, shall not be
required to reapply for a certificate to satisfy any additional
requirements imposed by the act adding this subdivision until the
certificate he or she holds expires or is canceled or revoked.
12523.5. (a) No person shall operate a general public paratransit
vehicle unless he or she has in his or her possession a valid driver'
s license of the appropriate class endorsed for passenger
transportation when operating a vehicle designed, used, or maintained
for carrying more than 10 persons including the driver and either
(1) a certificate issued by the department to permit the operation of
a general public paratransit vehicle, or (2) a certificate issued by
the department to drive a schoolbus or school pupil activity bus
pursuant to Section 12517.
(b) Applicants for a certificate to drive a general public
paratransit vehicle shall pay a fee to the Department of the
California Highway Patrol of twenty-five dollars ($25) for an
original certificate and twelve dollars ($12) for a renewal
certificate. Applicants for an original certificate shall present
evidence that they have successfully completed a driver training
course consisting of a minimum of 40 hours of instruction within the
previous two years. The instruction shall have covered applicable
laws and regulations and defensive driving practices, a minimum of
eight hours of certified defensive driving, and a minimum of 20
hours of behind-the-wheel training in a vehicle to be used as a
general public paratransit vehicle. Applicants seeking to renew a
certificate valid for driving a general public paratransit vehicle
shall present evidence that they have received two hours of refresher
training during each 12 months of driver certificate validity.
(c) The driver certificate shall be issued only to applicants
qualified by examinations prescribed by the Department of Motor
Vehicles and the Department of the California Highway Patrol. The
examinations shall be conducted by the Department of the California
Highway Patrol. The Department of Motor Vehicles may deny, suspend,
or revoke a certificate valid for driving a general public
paratransit vehicle for the causes specified in this code or the
Education Code or in regulations adopted pursuant to this code or the
Education Code.
(d) An operator of a general public paratransit vehicle shall do
all of the following:
(1) Use seatbelts.
(2) Refrain from smoking.
(3) Report any accident reportable under Section 16000 to the
Department of the California Highway Patrol.
(e) A person holding a valid certificate to permit the operation
of a general public paratransit vehicle, issued prior to January 1,
1991, shall not be required to reapply for a certificate to satisfy
any additional requirements imposed by the act adding this
subdivision until the certificate he or she holds expires or is
canceled or revoked.
12523.6. (a) (1) On and after March 1, 1998, no person who is
employed primarily as a driver of a motor vehicle that is used for
the transportation of persons with developmental disabilities, as
defined in subdivision (a) of Section 4512 of the Welfare and
Institutions Code, shall operate that motor vehicle unless that
person has in his or her possession a valid driver's license of the
appropriate class and a valid special driver certificate issued by
the department.
(2) This subdivision only applies to a person who is employed by a
business, a nonprofit organization, or a state or local public
agency.
(b) The special driver certificate shall be issued only to an
applicant who has cleared a criminal history background check by the
Department of Justice and, if applicable, by the Federal Bureau of
Investigation.
(1) In order to determine the applicant's suitability as the
driver of a vehicle used for the transportation of persons with
developmental disabilities, the Department of the California Highway
Patrol shall require the applicant to furnish to that department, on
a form provided or approved by that department for submission to the
Department of Justice, a full set of fingerprints sufficient to
enable a criminal background investigation.
(2) Except as provided in paragraph (3), an applicant shall
furnish to the Department of the California Highway Patrol evidence
of having resided in this state for seven consecutive years
immediately prior to the date of application for the certificate.
(3) If an applicant is unable to furnish the evidence required
under paragraph (2), the Department of the California Highway Patrol
shall require the applicant to furnish an additional full set of
fingerprints. That department shall submit those fingerprint cards
to the Department of Justice. The Department of Justice shall, in
turn, submit the additional full set of fingerprints required under
this paragraph to the Federal Bureau of Investigation for a national
criminal history record check.
(4) Applicant fingerprint forms shall be processed and returned to
the area office of the Department of the California Highway Patrol
from which they originated not later than 15 working days from the
date on which the fingerprint forms were received by the Department
of Justice, unless circumstances, other than the administrative
duties of the Department of Justice, warrant further investigation.
Upon implementation of an electronic fingerprinting system with
terminals located statewide and managed by the Department of Justice,
the Department of Justice shall ascertain the information required
pursuant to this subdivision within three working days.
(5) The applicant shall pay, in addition to the fees authorized in
Section 2427, a fee of twenty-five dollars ($25) for an original
certificate and twelve dollars ($12) for the renewal of that
certificate to the Department of the California Highway Patrol.
(c) A certificate issued under this section shall not be deemed a
certification to operate a particular vehicle that otherwise requires
a driver's license or endorsement for a particular class under this
code.
(d) On or after March 1, 1998, no person who operates a business
or a nonprofit organization or agency shall employ a person who is
employed primarily as a driver of a motor vehicle for hire that is
used for the transportation of persons with developmental
disabilities unless the employed person operates the motor vehicle in
compliance with subdivision (a).
(e) Nothing in this section precludes an employer of persons who
are occasionally used as drivers of motor vehicles for the
transportation of persons with developmental disabilities from
requiring those persons, as a condition of employment, to obtain a
special driver certificate pursuant to this section or precludes any
volunteer driver from applying for a special driver certificate.
(f) As used in this section, a person is employed primarily as
driver if that person performs at least 50 percent of his or her time
worked including, but not limited to, time spent assisting persons
onto and out of the vehicle, or at least 20 hours a week, whichever
is less, as a compensated driver of a motor vehicle for hire for the
transportation of persons with developmental disabilities.
(g) This section does not apply to any person who has successfully
completed a background investigation prescribed by law, including,
but not limited to, health care transport vehicle operators, or to
the operator of a taxicab regulated pursuant to Section 21100. This
section does not apply to a person who holds a valid certificate,
other than a farm labor vehicle driver certificate, issued under
Section 12517.4 or 12527. This section does not apply to a driver
who provides transportation on a noncommercial basis to persons with
developmental disabilities.
12524. (a) No class A, class B, or class C driver's licenseholder
shall operate a vehicle hauling fissile class III shipments or large
quantity radioactive materials, as defined in Section 173.403 of
Title 49 of the Code of Federal Regulations, unless the driver
possesses a valid license of the appropriate class and a radioactive
materials driver's certificate, issued by the Department of Motor
Vehicles, which permits the driver to operate those vehicles.
(b) Applicants for the certificates shall present evidence to the
Department of Motor Vehicles that they have successfully completed
the radioactive materials hauler driving training course developed by
the Department of Motor Vehicles and the Department of the
California Highway Patrol before a certificate may be issued. Either
the employer of the driver or a driving school licensed pursuant to
Chapter 1 (commencing with Section 11100) of Division 5 may
administer the training course.
(c) The certificate shall be issued only to applicants qualified
by examinations prescribed by the Department of Motor Vehicles and
the Department of the California Highway Patrol. These examinations
shall be conducted by the Department of Motor Vehicles, and an
examination fee of twelve dollars ($12) shall be paid by the
applicant to the Department of Motor Vehicles.
(d) Any application for an original radioactive materials driver's
certificate or renewal of the certificate and any radioactive
materials driver's certificate issued pursuant to this section shall
be subject to the provisions of Section 13369.
12525. Mechanics or other maintenance personnel may operate
vehicles requiring certificates issued pursuant to Section 2512,
12517, 12519, 12523, or 12523.5 without obtaining those certificates
if that operation is within the course of their employment and they
do not transport pupils or members of the public.
12527. In addition to satisfying all requirements specified in this
code and regulations adopted pursuant to this code, an applicant for
an ambulance driver certificate shall satisfy all of the following
requirements:
(a) Except as otherwise provided, every ambulance driver
responding to an emergency call or transporting patients shall be at
least 18 years of age, hold a driver's license valid in California,
possess a valid ambulance driver certificate, and be trained and
competent in ambulance operation and the use of safety and emergency
care equipment required by the California Code of Regulations
governing ambulances.
(b) Except as provided in subdivision (f), no person shall operate
an ambulance unless the person has in his or her immediate
possession a driver's license for the appropriate class of vehicle to
be driven, and a certificate issued by the department to permit the
operation of an ambulance.
(c) An ambulance driver certificate may be issued by the
department only upon the successful completion of an examination
conducted by the department and subject to all of the following
conditions:
(1) An applicant for an original or renewal driver certificate
shall submit a report of medical examination on a form approved by
the department, the Federal Highway Administration, or the Federal
Aviation Administration. The report shall be dated within the two
years preceding the application date.
(2) An applicant for an original driver certificate shall submit
an acceptable fingerprint card.
(3) The certificate to drive an ambulance shall be valid for a
period not exceeding five years and six months and shall expire on
the same date as the driver's license. The ambulance driver
certificate shall be valid only when both of the following conditions
exist:
(A) The certificate is accompanied by a medical examination
certificate that was issued within the preceding two years and
approved by the department, Federal Highway Administration, or
Federal Aviation Administration.
(B) A copy of the medical examination report from which the
certificate was issued is on file with the department.
(4) The ambulance driver certificate is renewable under conditions
prescribed by the department. Except as permitted under paragraphs
(2) and (3) of subdivision (d), applicants renewing an ambulance
driver certificate shall possess certificates or licenses evidencing
compliance with the emergency medical training and educational
standards for ambulance attendants established by the Emergency
Medical Service Authority.
(d) (1) Every ambulance driver shall have been trained to assist
the ambulance attendant in the care and handling of the ill and
injured.
Except as provided in paragraph (2), the driver of a
California-based ambulance shall, within one year of initial issuance
of the driver's ambulance driver certificate, possess a certificate
or license evidencing compliance with the emergency medical training
and educational standards established for ambulance attendants by the
Emergency Medical Service Authority. In those emergencies requiring
both the regularly assigned driver and attendant to be utilized in
providing patient care, the specialized emergency medical training
requirement shall not apply to persons temporarily detailed to drive
the ambulance.
(2) Paragraph (1) does not apply to an ambulance driver who is a
volunteer driver for a volunteer ambulance service under the
circumstances specified in this paragraph, if the service is provided
in the unincorporated areas of a county with a population of less
than 125,000 persons, as determined by the most recent federal
decennial census. The operation of an ambulance under this paragraph
shall only apply if the name of the driver and the volunteer
ambulance service and facts substantiating the public health
necessity for an exemption are submitted to the department by the
county board of supervisors and by at least one of the following
entities in the county where the driver operates the ambulance:
(A) The county health officer.
(B) The county medical care committee.
(C) The local emergency medical services agency coordinator.
(3) The information required by paragraph (2) shall be submitted
to the department at the time of application for an ambulance driver
certificate. Upon receipt of that information, the department shall
restrict the certificate holder to driving an ambulance for the
volunteer ambulance service.
(4) The director may terminate any certificate issued pursuant to
paragraph (2) at any time the department determines that the
qualifying conditions specified therein no longer exist.
(5) The exemption granted pursuant to paragraph (2) shall expire
on the expiration date of the ambulance driver certificate.
(e) A person holding a valid certificate to permit the operation
of an ambulance, issued prior to January 1, 1991, shall not be
required to reapply for a certificate to satisfy the requirements of
this section until the certificate he or she holds expires or is
canceled or revoked.
(f) An ambulance certificate is not required for persons operating
ambulances in the line of duty as salaried, regular, full-time
police officers, deputy sheriffs, or members of a fire department of
a public agency. This exemption does not include volunteers and
part-time employees or members of a department whose duties are
primarily clerical or administrative.
|
