CHAPTER 2: DRIVER ATTITUDE AND APTITUDE

Your 'aptitude' is defined as your 'ability to learn.' Obviously, your ability to learn is affected by your attitude, or your willingness to learn. An awful lot of drivers don't care to know the fundamentals of driving. As long as they can operate the vehicle - turn it on and keep it on the road - that's all they are really willing to learn. These drivers may roll through stop signs; fail to signal before turning; drive in crowded areas at night with their high beam headlights on. These drivers don't care to learn the fine points of driving; they don't learn them; and they are, as a result, dangers not only to themselves but to the rest of us who must share the road with them. You are expected to come out of this course with a new attitude: A desire to learn and improve your driving So let's start at thebeginning...with the fundamentals.

SECTION 2: THE COMMON SENSE OF DRIVING

A. Operating a Motor Vehicle is a Serious Responsibility

Driving, as we've said, is not a solitary experience. You will never be in a much larger, actively connected, mutually responsible community than when you are behind the wheel of an automobile. If a mute swears, does his mother wash his hands with soap? Take your responsibility to that community seriously.

1. Motor Vehicle is a Weapon

When you are behind the wheel, you are aiming some 3,000 lbs. of metal down a narrow ribbon of concrete at speeds between 25 mph and 70 mph. Even when you are in control, your vehicle is a weapon. When you are out of control - driving impaired; or driving too fast for conditions - your vehicle is a deadly weapon.

You don't have to be afraid of your vehicle...but you have to respect its

2. Dangerous as a Loaded Gun if Not Operated Properly

lethalness.

A single vehicle with passengers driven at moderate speed will take more casualties if it collides with something than even the most powerful gun, once its trigger is pulled. If multiple vehicles driven at high speeds are involved in a collision, the likelihood of casualties, including fatalities, could only be matched by long bursts from an automatic weapon in a crowded room. In short, you are handling a deadlier weapon than a firearm when you drive; and just as you must always assume that a weapon is loaded and dangerous in the absence of evidence otherwise, you must assume that your vehicle is always dangerous if handled improperly (or sometimes, even if it is handled properly).

3. Parking Responsibility (to Avoid Rollaways) Parallel parking on a hill demonstrates how quickly an innocent vehicle can become a weapon. If you do not park correctly, and the brake systems fail, your vehicle will become an out-of-control runaway. It will mow down anything and everything in its path.  When pulling into a curbed space, park with the wheels no farther than 18 inches from the curb. Set the parking brake immediately, even before taking your foot off the brake and putting the car in park. This ensures that the parking brake is engaged.  When parking on a slope – even a slight one – be sure that the front wheels are sharply turned in a direction that will guide the vehicle away from traffic, should the parking brake system fail. That means that on a downward slope, the wheels must be turned toward the curb. On an upward slope, the wheels must be turned away from the curb. If there is no curb, the wheels should always be turned toward the near-side of the road, no matter whether the slope is uphill or downhill.

B. Obey the Literal Interpretation of Everyday Laws

 

When you fudge the laws, you are not just using bad judgment and bad driving technique; you are violating the common understandings of the drivers around you. Isn't it a little scary that doctors call what they do "practice?" They are used to responding in a certain way to such things as stop signs and yield signs; and if you force them out of their patterns by violating the letter of the law, they can become unpredictable and confused.Common understandings keep things going smoothly; violating common understandings leads to chaos.

Turn your wheels away;

from the curb when parking on an uphill

slope.

Turn your wheels toward the curb when parking on

a downhill slope.

Rolling through stop signs is illegal. Worse, odds go up for you making a mistake...and then it's only a

matter of time before you cause a collision.

1. Why Stop Completely at Stop Signs

One of our most fundamental common understandings is that we are required to stop completely at stop signs. Just about every driver at an intersection makes his or her decisions about how to proceed based on their understanding that every other driver at or approaching the intersection will stop completely. When a driver 'rolls-through' the intersection – usually violating right-of-way – the driver shows confusion. And confusion increases the chances of collision.

2. What does 'Yield' Really Mean?Again, 'yielding' amounts to a shared understanding that is written into law. "Yield" means you are required to allow the other user (vehicle or pedestrian, for example) to use the roadway before you. Sounds like simple courtesy, right? Yielding might require you to stop, or merely to slow down – it depends on the circumstances. The law also says that when two or more drivers simultaneously arrive at an intersection, the driver on the left must allow the driver on the right to proceed first. The other drivers then proceed, one-at-a-time.

C. Common Courtesy is the Key to Safety

The common thread of the two examples is that violating the literal interpretation of the law can bring traffic to a halt. Just as important is that, by rolling through a stop or not yielding right-of-way, the driver in violation is being rude to the rest of local the driving community. Courtesy often is the best guarantee of public safety. Be nice to others; they will be nice to you; and the number of collisions will go down. 1. Roadway is Shared by All Drivers  Even if it were true that roads were planned solely to move motor vehicles efficiently, the growing popularity of alternative modes of transportation forces us to rethink this goal. Really, it's good that we encourage bicycles, motorcycles, and public transportation, because the roadways become less congested and the air-shed becomes cleaner. And, after all, the users of alternative modes of transportation are taxpayers too, and have contributed to the building and upkeep of the nation's roads. So, get used to sharing the roadway. 2. Courtesy Makes Order Out of Chaos  Common sense rules the roadway; but common courtesy makes common sense possible. That's because there are only so many laws to cover driving situations, and the rest of the situations that fall between the cracks of written law must be dealt with among human beings, face-to-face. Two drivers arrive at an intersection almost simultaneously...who proceeds first? One driver tells the other to go first, which is common courtesy. And that common courtesy enables common sense, because it's common sense that they proceed one-at-a-time, rather than trying to bowl one another over in the intersection.

A driver must interpret the edges of the law and make decisions on each and every trip. This leads to interaction among drivers; and when people interact, courtesy keeps the interaction from descending intochaos.  3. The Golden Rule: Treat Other Drivers the Way You Want to be Treated When you treat others the way you want to be treated, you are exercising courtesy, making the roadway safer and more orderly, and

increasing your chances for a safe, pleasant, efficient trip.

D. Road Rage

Why – with danger inherent in the task of driving itself - would some person voluntarily introduce the potential for more injury or death into the situation? This is exactly what 'road rage' does — it invites more mindless violence onto the nation's roadways. Road rage is not a fluke; it's not a bad habit. Road rage is a willful surrender to dangerous, sometimes deadly, whim. Road rage is irrational, and a driver suffering from road rage is dangerous. Such a person over-reacts to situations; s/he reacts in unpredictable ways; s/he loses sight of the task – driving; and s/he misrepresents the motives and actions of other persons. Because they lose sight of their task, they threaten the entire driving community. Because they lose sight of the person with whom they are angry, they threaten you as an individual (assuming you are the person).  Road rage is different than aggressive driving. Aggressive drivers usually are not angry; just selfish or self-absorbed. Road rage is fury, and that fury is directed outwards at others.  Signs of road rage include drivers who veer into other 'offending' drivers or otherwise begin driving erratically; attempts by perpetrators to interact with the victims via speech or gestures, etc.  Why do they lock gas station bathrooms? Are they afraid somebody will clean them? If you are ever the target of such a person, do not interact with them. Attempt to drive away. If the person follows, use a cell phone to notify police, or drive until you see law enforcement on the roadway.   

ROAD RAGE AND AGGRESSIVE DRIVING FACTS  

• The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as "the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property"—a traffic and not a criminal offense like road rage. Examples include speeding or driving too fast for conditions, improper lane changing, tailgating and improper passing. • Approximately 6,800,000 crashes occur in the United States each year; a substantial number are estimated to be caused by aggressive driving. • An average of at least 1,500 men, women and children are injured or killed each year in the U.S. as a result of road rage. • More than half surveyed by NHTSA admitted to driving aggressively on occasion. • About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year. Weaving, tailgating, distracted drivers, and unsafe lane changes were some of the unsafe behaviors identified. • Aggressive driving can easily escalate into an incident of road rage. Motorists in all 50 states have killed or injured other motorists for seemingly trivial reasons. Motorists should keep their cool in traffic, be patient and courteous to other drivers, and correct unsafe driving habits that are likely to endanger, antagonize or provoke other motorists. • Only 14 percent felt it was "extremely dangerous" to drive 10 miles per hour over the speed limit.• 62 percent of those who frequently drive in an unsafe and illegal manner said they had not been stopped by police for traffic reasons in the past year.

• The majority of those in the NHTSA survey (52 percent) said it was "very important" to do something about speeding. Ninety-eight percent of respondents thought it "important" that something be done to reduce speeding and unsafe driving. • Those surveyed ranked the following countermeasures, in order, as most likely to reduce aggressive and unsafe driving behaviors: (1) more police assigned to traffic control, (2) more frequent ticketing of traffic violations, (3) higher fines, and (4) increased insurance costs. Increased police enforcement was rated "Number 1," both for effectiveness and as a measure acceptable to the public to reduce unsafe and illegal driving. • According to a study released by AAA of Northern California, Sacramento-area motorists rank the roads with the meanest and most aggressive drivers as the Capital City Freeway, I-80 from Davis to Roseville, Highway 99 from Elk Grove to Marysville, Highway 50 from Sacramento to Placerville, and Highway 65 from Roseville to Marysville. • In areas with less public transportation, drivers tend to make several short, simple trips that can often add an element of frustration or anger to their driving experience, according to a recent survey. The study found that the Riverside/San Bernardino, Sacramento and Oakland/San Francisco metropolitan areas ranked in the top 20 nationwide for fatalities caused by aggressive driving.

Don't be like Butch and Sundance here. No perceived driving offense is worth risking injury or death.

 

FAQ | Student Center | Log Off

  Motorcycle Statistics

The effects of a crash involving a motorcycle can often be devastating. While 20 percent of passenger vehicle crashes result in injury or death, an astounding 80 percent of motorcycle crashes result in injury or death. According to the California Highway Patrol 2003 SWITRS (Statewide Integrated Traffic Records System) Annual Report, of the 368 motorcyclists killed in California during 2003, 331 or 90% were male. Of the 9,681 motorcyclists injured, 8,481 or 88% were male. The most vulnerable age group for motorcycle fatalities was 35-44 and the most vulnerable age group for injuries was 25-34. Motorcycle riding is extremely dangerous, even with safety equipment. Of the 368 motorcyclists killed, 321 (88%) were using safety equipment. Of the 9,681 injured, 8145 (84%) were using safety equipment.

 Pedestrian Statistics

According to the California Highway Patrol 2003 SWITRS (Statewide Integrated Traffic Records System) Annual Report, 712 pedestrians were killed and 13,991 pedestrians were injured in traffic crashes during 2003. Children under 15 accounted for 24.7% of all pedestrian victims. The most vulnerable age group for pedestrian victims (killed and injured) was 15-24 years. Overall, the majority of pedestrian victims tend to be male. The most dangerous pedestrian activity in 2003 was crossing in the crosswalk (accounting for 5,369 victims) followed by crossing outside the crosswalk (4,309 victims) and walking on the road or shoulder (2,430 victims).

SECTION 3:DRIVER RESPONSIBILITY

In this chapter, you will learn about some of your responsibilities as a driver. As an operator of a lethal weapon, you have a special responsibility to look out for the safety of those less protected than you. This includes pedestrians and operators of two-wheeled vehicles.

All drivers moving to California must have a valid California driver license within 10 calendar days of gaining residency. Also, when you move, the law requires you to report your new address to the DMV within 10 days. When applying to the DMV for a driver license, drivers can use their birth certificate to prove their identity.

Effective January 2006, the DMV no longer has the choice of canceling the registration of any vehicle when it is determined that the vehicle is not covered by a valid form of financial responsibility, but instead the DMV is mandated to cancel the registration by law. Additionally, the DMV may charge a reinstatement fee to cover the cost of reinstating the registration after cancellation.

 A. Pedestrian Safety 1. Pedestrian Responsibility Pedestrians must take responsibility for their own safety, by heeding the following:• Only cross streets at intersections.• Make eye contact with approaching drivers.• Never cross a street between parked vehicles.• Wear light-colored jackets, especially at night.• Always hold the hand of young children when crossing a street.• Stop, look, and listen before crossing a street. 2. Driver Responsibility • Come to a full stop at stop signs and red lights.• Always yield the right of way to a pedestrian inside a marked or unmarked

crosswalk. (A marked crosswalk has painted pavement lines. An unmarked crosswalk has no such lines. There is an "implied" crosswalk at every intersection in the absence of any signs prohibiting pedestrian crossing).• Drivers must reduce speed and exercise due care when approaching a pedestrian inside a marked or unmarked crosswalk.• Drivers must yield to pedestrians approaching on the sidewalk when attempting a turn in or out of a driveway.•Do not pass a vehicle stopped at a marked or unmarked crosswalk.• Be especially careful in school zones where childrenare walking or playing.• Pay particular attention to the elderly, the very young,and disabled.B. Motorcycle Safety Motorcycles are smaller and quicker in traffic than cars and trucks. They can be hard to track, and often they pop-up in unexpected places. Be alert to them. 1. Sharing the Roadway • When changing lanes or entering major streets, make a point to visually check for motorcycles.• Allow yourself extra space when following a motorcycle.• Avoid driving in the same lane with a motorcyclist.• At intersections, watch for quick-moving and turning motorcycles.• Motorcyclists have to contend with various road problems that do not significantly affect larger vehicles such as pot holes, gravel, slippery surfaces and uneven pavement . Be aware of this when you are driving near a motorcyclist.• A person is prohibited from operating a motorized scooter unless that person has a valid class C driver's license or an instruction permit. A person is also prohibited from altering or modifying the exhaust system of a motorized scooter in violation of specified noise restrictions and muffler requirements.

 

2. Protective Gear for Motorcyclists

Approved helmet to reduce head injury, with eye protector (drivers and passengers, as required by law) Heavy boots or shoes Good full leather gloves to help protect skin from scrapes Reflective tape on clothing A luggage carrier (avoid hanging cord or straps that get caught in motorcycle chains)

For their part, motorcyclists should not ride more than two abreast in the same lane. Motorcycle operators must be able to reach the ground with their feet when astride the seat, and handlebar grips should not be positioned more than six inches above the operator's shoulders. Passengers must ride on a securely fastened seat with footrests, or in a sidecar designed to carry a passenger. When parked, motorcycles should have one wheel or fender touching the curb; where no curbs or barriers are present, right-hand parallel parking is required unless otherwise indicated.

The law requires motorcycles to have at least one and not more than two headlamps, and motorcycles manufactured on or after January 1,

1978, should have headlamps that activate automatically whenever the motor is running. Motorcycles should also have one or more taillamps that are red in color and visible from a distance of 1000 ft. to the rear (500 ft. if the motorcycle was manufactured before 1969).

C. Bicycle Safety More and more cyclists share the roadway with automobiles to commute and recreate. Why don't sheep shrink when it rains? As their total numbers rise, so does their incidence as victims of traffic mishaps.

1. Cyclist Responsibility

Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a motor vehicle, including provisions concerning driving under the influence of alcoholic beverages or drugs.

• Ride in the same direction as other traffic. A common mistake made by many cyclists is riding in the street along the curb against the flow of traffic. This is dangerous and illegal! • Ride in a straight line and as near to the curb as you can safely. No unnecessary weaving and lane changes will help avoid conflicts with larger and faster motor vehicles. It is legal to ride to the left, however, when preparing to turn left (including entering a left turn only

lane, or when riding on a one-way street, or when necessary to pass a slower bicycle or to avoid an obstruction in the roadway). • Follow the same rules as motor vehicles for turning left and right. Remember to always signal your intentions!

Article 4 of the California Vehicle Code deals with the Operation of Bicycles. Here are some of the more important cyclist responsibilities described there: As mentioned earlier, it is actually possible to be charged with a DUI while riding a bicycle. All cyclists under 18 must wear a helmet (cyclists 18 and over would be wise to wear a helmet, but it is not the law.) If you ride a bike at night, the bike must be equipped with a headlamp, as well as tail and side reflectors. It is illegal to lay a bicycle down on its side on the sidewalk. While it is not illegal to ride a bicycle on the sidewalk in California (as long as you yield right of way to pedestrians) some local jurisdictions (like San Diego) have prohibited it. So, if you ride a bicycle, it is your responsibility to know your local laws as well as all State laws that pertain to bicycles.

2. Driver Responsibility

• When making a right turn, watch for cyclists in designated bicycle lanes. • Always give bicyclists a wide berth when passing them or driving beside them.

3. Protective Gear for Bicyclist

• The law requires that riders under the age of 18 years wear approved bicycle helmets. • Wear heavy leather gloves to protect against falls. • Especially at night, wear light-colored clothing and/or reflective tape on back of the jacket.

D. Miscellaneous

1. Stereo Headphone

Under the law (27800 VC), you may not drive a motor vehicle wearing a headset or earplugs over both ears. Additionally, CVC 27602 prohibits a television screen positioned forward of the back of the drivers seat. Global positioning navigation screens are exempt.

2. Emergency Vehicles

• You must yield the right-of-way to police-, fire-, and/or emergency vehicles when those vehicles are approaching from either direction and using a siren and/or flashing red lights. You must pull your vehicle as close as possible to the right hand edge of the curb or roadway and stop. Important: all surrounding traffic (both sides of the roadway) must pull as far to

the right as possible and stop. • Pull off onto the shoulder or to the right edge of the roadway if it is curbed; stop until the vehicle is completely passed. If you are stopped at an intersection, preparing to turn left in front of an approaching emergency vehicle, remain stationary. If you are proceeding through an intersection, do not stop in the intersection. Rather, pull through the intersection and stop on the other side.• It is against the law to follow within 300 feet of any emergency vehicle running its emergency sirens/ light.

3. Cell Phones- (CA Vehicle Code Section 12810.3) Effective July 1, 2008

CVC 12810.3 prohibits a person from driving a vehicle while using a wireless telephone unless the person uses a system that allows hands-free listening and speaking.

4. Emergency Vehicles/Tow Trucks- (CA Vehicle Code Section 21706.5) Effective January 1, 2007

CVC 21706.5 requires drivers to take specific precautionary actions on a highway when passing a stopped emergency vehicle or tow truck when the emergency lights are activated. Drivers are directed to proceed with caution and to make a lane change into an available lane not immediately adjacent to the emergency vehicle or tow truck if practicable and not prohibited by law. If the driver cannot make a safe lane change, they are to slow to a reasonable and prudent speed that is safe for existing conditions

5. Trunking- (CA Vehicle Code Section 21712) Effective January 1, 2007

CVC 21712 states it is a misdemeanor violation for any driver to knowingly permit a person to ride in the trunk of a vehicle. Additionally, any passenger found guilty of riding in the trunk is guilty of an infraction.

6. Evading a Peace Officer

This new law enhances the penalty for evading a peace officer from imprisonment in the county jail for not more than six months to not more than one year. In addition, it also enhances the penalty for anybody who causes bodily injury while evading a peace officer to a minimum of 3, 5 or 7 years in the state prison and 4, 6 or 10 years should they cause a death.

E. Procedures When Involved In an Accident

If you are involved in a single-vehicle collision that causes property damage or in a collision with another vehicle or a pedestrian, you are

required to stop. If necessary, you must render aid to the injured. If you do not stop, you can be charged with 'hit-and-run.' In any non-injury crash, if the vehicle is operational, you are required to move the vehicle out of the roadway so it does not impede traffic or jeopardize the safety of other motorists.

California Vehicle Code: Accidents and Accident Reports

Duty to Stop at the Scene of an Accident (20001 VC)

(a) The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004. (d) As used in this section, "permanent, serious injury" means the loss or permanent impairment of function of any bodily member or organ.

1. Stopping Requirements

• Property damage or unable to locate owner: If you are involved in a property damage only collision, you must move your vehicle (if it is drivable) to the

nearest location that will not impede traffic or jeopardize the safety of other motorists. You must locate the owner or person in charge of the damaged property (this would be the other driver if you collided with another motor vehicle) and give that person your name and address as well as driver license number and vehicle registration information.

If you cause property damage and are unable to locate the owner of the damaged property, leave a note in a conspicuous place (for example, if you collide with a parked vehicle, leave the note under the windshield wiper). In it, include your name, address, and phone number. You can also leave your license numbers (driver's and car's) and your insurance carrier's phone number.

Duty Where Property Damaged (20002 VC)

(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.

…The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

(2) Leave in a

conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting…

• Injury collision: If you are involved in a collision resulting in the injury or death of another person, you must stop and render assistance to the injured person. (see below) You must also provide to any traffic or police officer at the scene the name, address, driver license numbers, registration numbers for yourself and all occupants and all other parties involved in the collision. If there are no police officers at the scene, you must report the incident to the police or Highway Patrol without delay.

• Victims at scene: You must render reasonable assistance to any person injured in the collision. The word 'reasonable' includes transporting the victim, arranging for transport or making arrangements for medical treatment. However, you are not required to do more than you are trained to do. Some guidelines are given below, in #2.

2. Aid to the Injured

• Sending for help: If there is no other person available, a quick assessment of the scene will tell you whether you can do more good by remaining and giving aid, or by going to call for emergency help. If some victims require immediate attention – of the kind that you are qualified to give – you may want to stabilize them before going for help. If, however, the situation seems stable, go for help first. A When to move an injured person: You must move the victim if there is a chance of fire, water, or another collision. Otherwise, never move an injured person, since hidden injuries can easily be worsened in this way. Then, immediately call emergency 911. You may and should also give first aid

(stopping bleeding, etc.) to the extent that you feel competent. Even a person without first aid training, using good judgment, can save a victim's life. Do not perform cardiopulmonary resuscitation (CPR) unless you are trained in the technique.

• Be calm and reassuring to the victim.• Always treat the most seriously injured first.• If an injured person is not breathing, call for help and perform CPR if you are qualified.• If the victim is bleeding, apply direct pressure to the wound for as long as it takes for the bleeding to stop. Elevate the wound while applying pressure, if possible. Keep the victim warm and lying down.

3. Preventing Further Damage

• Reducing chances of fire: Shut off the engines of all vehicles involved in the collision to reduce the chance of fire.• Warning oncoming vehicles: Warn approaching vehicles of the collision. If you have flares, and you are absolutely certain that you know how to use them safely, place them approximately 20 to 50 feet away from the collision. Recruit available onlookers to control traffic until police arrive.

4. Reporting Requirements

• When a report must be filed: Any driver involved in a crash must submit to the DMV (either personally or through an insurance agent, broker, or legal representative) an SR-1 accident report within ten days of the incident. If there is injury or death, each driver must submit a report to the California Highway Patrol (CHP) or the local police within 24 hours. As stated above, a police report must be filed in the event of a property damage collision if you are unable to locate the owner of the damaged property. Information must be surrendered to any police officers at the scene. Remember to submit an accident report if:

• More than $750.00 dollars in damage was done to the property of any person• Any person was injured (no matter how slightly) or killed

• Use of Reports: All police reports by law are confidential and are only to be used by the police. Reports may not be used as evidence in any trial. However, information may be released by law enforcement to any individuals with "proper interest," such as other drivers, injured parties, and parent of a minor driver.

Duty to Report Accidents (20008 VC)

(a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. If the agency which receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency which is responsible for investigating the accident.On or before the fifth day of each month, every police department which received a report during the previous calendar month of an accident which it is responsible for investigating shall forward the report or a copy thereof to the main office of the Department of the California Highway Patrol at Sacramento.(b) The owner or driver of a common carrier vehicle involved in any such accident shall make a like report to the Department of California Highway Patrol on or before the 10th day of the month following the accident.

Reports Confidential (20012 VC)

All required accident reports, and supplemental reports, shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles and the Department of the California Highway Patrol, except that the Department of the California Highway Patrol or the law enforcement agency to whom the accident was reported shall disclose the entire contents of the

reports…to the driver or drivers involved, or the guardian or conservator thereof, the parent of a minor driver, the authorized representative of a driver, or to any named person injured therein, the owners of vehicles or property damaged thereby, persons who may incur civil liability, including liability based upon a breach of warranty arising out of the accident, and any attorney who declares under penalty of perjury that he or she represents any of the above persons.

Reports as Evidence (20013 VC)

No such accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident…

Use of Reports (20014 VC)

All required accident reports and supplemental reports…shall be immediately available for the confidential use of any division in the department needing the same, for confidential use of the Department of Transportation, and, with respect to accidents occurring on highways other than state highways, for the confidential use of the local authority having jurisdiction over the highway.

Counter Reports: No Determination of Fault (20015 VC)

No traffic or police officer shall include in any counter report of a property-damage accident…any determination by the peace officer of fault of the reporting person, including, but not limited to, inattentiveness. This section does not apply to a determination which is the result of an examination of the physical evidence of the accident at the site of the accident by the traffic or police officer or the result of an express, knowing admission of the reporting person if the basis for the determination is also included in the report.

(b) As used in this section, "counter report of a property-damage accident" means any report of an accident involving one or more vehicles which meets the following criteria:

(1) The accident reported caused damage to property, but did not cause personal injury to or the death of any person. (2) The report is prepared at an office of the California Highway Patrol or local law enforcement agency. (3) The report is written or recorded by, or with the assistance of, a peace officer.

G. Financial Responsibility Requirements

1. When a Report is Required to the DMV

• Property damage amounts: An SR-1 form must be filed with the DMV if there is $750.00 or more in damage done to property. A Injury: When a person is injured, even slightly, you must file an accident report with the DMV. • Time frames for reporting: Any collision with damage of $750 or more or injury or death must be reported to the DMV within ten days.

2. Compulsory Injury and Property Damage Coverage

California has a compulsory financial responsibility law. If you are involved in a collision, and you are without some form of liability coverage (see below), you may lose your drivers' license for up to four years. You may fulfill this obligation through substitute methods outlined below.

• Minimum amounts of insurance coverage: • $15,000 for death or injury to one person A $30,000 for multiple injuries or deaths • $5,000 for property damage

• Additional forms of coverage: If a driver does not have automobile liability insurance, s/he can still meet the compulsory financial responsibility law. S/he can:

• Deposit cash of $35,000 with the DMV • Obtain a $35,000 security bond from a California-licensed bonding company • Obtain a DMV-issued self-insurance certificate

3. Failure to Provide Proof of Coverage

In any case, you must carry written evidence of financial responsibility whenever you drive. If you are stopped by law enforcement for any reason and you cannot produce evidence of financial responsibility, you will be issued a citation and, if convicted, you will receive a fine from $100 to $200 plus penalty assessments.

• Period of suspension: If a driver fails, refuses or neglects to provide proof of financial responsibility (or file a required accident report) the DMV will suspend their driving privilege until the suspension is

terminated by receipt of evidence of financial responsibility (or receipt of the accident report).

5. Exchanging Information

• Identifying information: Drivers involved in a collision should exchange the following of the other driver:

name and addresslicense number

vehicle license plate number insurance company and policy number

• Noting damage and injuries: Exchange notes on damage and injury, including their extent of damage to each vehicle, and the extent of injuries to each person. If a camera and opportunity is available, take photographs of the collision.

6. Additional Steps

• Obtain names, addresses and phone numbers of all witnesses. • Record accurate facts for law enforcement and insurance companies, including the date, time, street, type of weather, and any other pertinent facts. • Even if you do not think you have been injured, see your doctor. • File necessary supplemental reports, including a report to your insurance company and to your employer, if you were driving a company vehicle.

This woman is exchanging information with the driver of a vehicle that rear-ended her.

H. California Vehicle Code: Financial Responsibility Laws

Report Required (16000 VC)

The driver of every motor vehicle who is in any manner involved in an accident originating from the operation of a motor vehicle on any street or highway or any reportable off-highway accident defined in Section 16000.1 that has resulted in damage to the property of any one person in excess of seven hundred fifty dollars ($750) or in bodily injury or in the death of any person shall, within 10 days after the accident, report the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department to the office of the department…

Mandatory Suspension of License (16004 VC)

The department shall suspend the driving privilege of any person who fails, refuses, or neglects to make a report of an accident as required.

Required Maintenance of Financial Responsibility (16020 VC)

Every driver and every owner of a motor vehicle shall at all times be able to establish financial responsibility pursuant to Section 16021, and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle.

Requirements of Policy or Bond (16056 VC)

No policy or bond shall be effective…unless issued by an insurance company or surety company admitted to do business in this state by the Insurance Commissioner...nor unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than fifteen thousand dollars ($15,000) because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than thirty thousand dollars ($30,000) because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than five thousand dollars ($5,000) because of injury to or destruction of property of others in any one accident.

Suspension of Driving Privilege (16070 VC)

Whenever a driver involved in an accident…fails to provide evidence of financial responsibility, the department shall...suspend the privilege of the driver or owner to drive a motor vehicle, including the driving privilege of a nonresident in this state.

Period of Suspension (16072 VC)

The suspension of the driving privilege…shall not be terminated until one year has elapsed from the date of actual commencement of the suspension and until the person files proof of financial responsibility

COLLISION REPORTS: The following are some classics that have been collected and published from actual collisions.The first time I saw the old man was when he bounced off the hood of my car.

Coming home, I drove into the wrong house and collided with a tree I don't have.The other car collided with mine without giving me warning of it's intentions.

To avoid hitting the bumper of the car in front, I struck the pedestrian.I collided with a stationary truck coming the other way.

A truck backed though my windshield into my wife's face.A pedestrian hit me and went under my car.

The guy was all over the road. I had to swerve a number of times before I hit him.I pulled away from the side of the road, glanced at my mother-in-law, and headed over the embankment.

In my attempt to kill a fly, I drove into a telephone pole.I had been driving my car for forty years when I fell asleep at the wheel and had a collision.

The indirect cause of this collision was a little guy in a small car with a big mouth.I was thrown from my car as I left the road. I was found by some stray cows.

The pedestrian had no idea which direction to go, so I ran over him.As I approached the intersection, a stop sign appeared in a place where no stop sign had ever appeared before.

I was unable to stop in time to avoid the collision.I thought my window was down, but found it was up when I put my hand through it.

My car was legally parked as I backed into the other vehicles.An invisible car came out of nowhere, struck my vehicle, and vanished.

I told the police that I was not injured, but on removing my hat, I found I had a skull fracture.

    

 

Frequently Asked Questions | Close Window

SECTION 4: ALCOHOL AND OTHER DRUGS

Driving while under the influence of alcohol (and other drugs) is a huge problem in California, just like it is for the rest of the country. The organization MADD (Mothers Against Drunk Driving) recommends the following to reduce fatalities due to driving while impaired:

• Well-publicized sobriety check points• Tougher penalties against drivers who refuse alcohol tests• Tougher penalties for drivers convicted of DUI more than once• Tougher penalties for drivers with a blood alcohol level testing at more than .15 percent

California's 2003 Alcohol Fatality Rate (AFR) - alcohol involved fatalities per 100 million vehicle miles traveled - is 0.49, much better than the national AFR of 0.59. Only sixteen states have a better AFR than California. These numbers are encouraging, but people continue die on California streets and highways because of DUI. So there is

still much work to be done.

A. Alcohol

As a Drug

Alcohol is a drug. It is categorized as a 'depressant,' and acts on the central nervous system. Can vegetarians eat animal crackers? It is absorbed directly into

the bloodstream through the digestive system, where it is quickly transported to the brain. There, it affects judgment, physical response time, and coordination first, followed by speech and vision.

Stages of Alcohol Influence

Blood Alcohol Concentration (BAC): Blood Alcohol Concentration is a number that refers to the levels of (the active ingredient of) alcohol in your bloodstream. The number is used by law enforcement simply as a measure of whether you are more

or less intoxicated. (If your alcohol content is .08, you are more intoxicated than .06 and less intoxicated than .10.)

Remember though, your level of your intoxication is not necessarily the same as your level of impairment, which is your ability to control your vehicle. Your level of your impairment depends on many factors besides just the level of alcohol in your bloodstream, such as your body weight, the type of alcoholic drinks you've consumed, the length of time between drinks, how accustomed you are to drinking, etc. Thus, your BAC may test under the legal limit, but if you can't walk a straight line on the roadside (or you flunk any of the 'field sobriety tests') you will probably be arrested.

In other words, the real issue when it comes to drinking is not in the numbers. It is: Am I safe to drive? The answer is always: No!

The following stages of intoxication may appear at lower or higher BACs than cited below, again depending on such factors as body weight, etc.a. Blood Alcohol Level (refer to chart below)

Number of Drinks BAC Symptoms

One (.01%-.04%) No loss of coordination; slightly euphoric; no apparent depressant effects

Two (.05%-.07%) Slight Impairment of balance, speech, vision, reaction time, and hearing; euphoria; judgment and self-control are reduced; caution, reason, and memory are impaired

Four (0.08% -UP) Significant impairment of motor coordination and loss of good judgment; speech may be slurred; balance, vision, reaction time, and hearing impaired

b. The limits of knowing your limits: There is no safe way to drive while under the influence. The paradox of 'knowing your limits' is that your judgment goes first if you are drinking, so you probably are in no state after even a beer or two to 'know' anything, much less your limits.

c. Reaction time: Reaction time is slowed greatly by the use of alcohol. Drivers must be able to identify, predict, decide and execute all driving maneuvers. When vision, coordination and judgment are affected by alcohol, a driver's ability to react is sharply reduced.

d. Collision potential/statistics: Collision potential/statistics: According to the California Highway Patrol 2003 SWITRS (Statewide Integrated Traffic Records System) Annual Report, in California during 2003, 1,445 people were killed in alcohol related crashes (34% of total fatalities) and 31,340 people were injured in alcohol-related crashes (10% of total injuries). In California during 2003, November was the deadliest month for alcohol related fatalities and Los Angeles was the deadliest County, Statewide, intoxicated drivers killed 711 innocent drivers, 222 innocent pedestrians and 322 innocent passengers. In California during 2003, the deadliest time on the road as regard intoxicated drivers was midnight to 3 AM, Saturday and Sunday. This statistic remains constant, year after year after year. So be very careful when driving late night/early

morning on the weekend.

Effects of Alcohol on the Body

Heavy long-term alcohol abuse can cause serious mental and physical illnesses. Eventually, it will kill the user.

a. Organs: : Brain-, heart-, and liver-function are all degraded by long-term abuse of alcohol. The brain soaks up alcohol (hence the medical term 'wetbrain' as a symptom of long-term alcohol abuse), interfering with oxygen absorption, which over the long-term begins strangling brain function. Since alcohol is a depressant, it slows the heart, which can lead to heart disease and blood disorders. Also, blood pressure increases as the heart compensates for the initially reduced blood pressure caused by alcohol.

Here are some of the long- term effects of alcohol on the body.

• Skin problems• Vitamin deficiencies• Inflammation of the pancreas• Heart and blood disorder• Sexual impotence• Birth defects (if mother uses)• Cirrhosis of the liver

• Brain damage plus other complications

b. Vision: The immediate short-term effect on the eyes is blurred vision, the reduced ability to see at night, fixed eye stare, and increased sensitivity to bright lights.

c. Brain/psychological effects

• Affects emotional reaction• Alters moods• Impairs memory• Develops a false sense of confidence

4. How to Identify and Avoid An Impaired Driver

One sure way to tell if someone has been drinking is to smell his breath. Other cues are listed below.

• Stopping for no reason • Stopping short of the limit line at an intersection • Driving with headlight off • Swerving• Straddling lane lines• Driving on wrong side of the road (following headlights of oncoming vehicle)• Driving below the speed limit• Drifting out of lane• Illegal turns• Tailgates

SAFETY TIP: If you are stopped on the freeway shoulder at night, do not activate your emergency flashers. Impaired drivers have the tendency to focus in on flashing lights and to steer towards them. You do not want to be "followed" by a speeding, impaired driver when you are sitting still.

5. Alternatives to Drinking and Driving

A responsible drinker always plans an alternative to driving. Make arrangements before you go out to do any of the following:

A responsible drinker always plans an alternative to driving. Make arrangements before you go out to do any of the following:

Designate a non-drinking driver for the evening.The State's Designated Driver Program specifies that:

o The non-drinker should be at least 21 years of age and possess a valid driver's license.

o The designated driver must be part of a group of two or more persons and verbally identify him/herself to the server as the designated driver.

o The designated driver must abstain from consuming alcoholic beverages and be otherwise free from impairment for the duration of the outing.

o The designated driver must understand that management

There is no good reason to drive when you've been drinking.

reserves the right to refuse service to anyone at any time. Stay at a motel. Stay at friends home. Take a taxi. Call a relative or friend to come for you.

6. Synergistic Effects

Alcohol mixed with other drugs tends to intensify the effects of both. This working together is called 'synergy,' and it occurs not just between alcohol and illegal drugs, but between alcohol and some prescription medications. Why do they put Braille on the drive-through bank machines? Check the labels on your medication to find out whether they react with alcohol.

B. Other Drugs

Drugs are classified according to their effect on the central nervous system and the body. It is important to read the labels on all drugs before using them, especially when driving a vehicle.

1. Types/effects of Other Drugs

a. Prescription: Prescription drugs can only be prescribed by a licensed physician because of their potency and the possibility of addiction. Usually a prescription is prescribed for a limited time and may not be reordered.b. Non-prescription: Some non-prescription drugs are sold over-the-counter at pharmacies or in supermarkets. Many over-the–counter drugs cause drowsiness. Read the label of any drug especially before driving. Others non-prescription drugs are not available legally, and are sold on the black market..

(1) depressants: Depressants are drugs that depress or slow down the central nervous system. Barbiturates, sedatives, and tranquilizers are depressants. The physical symptoms of depressant drugs are drowsiness, depressed breathing, and heartbeat.(2) stimulants: Stimulants are drugs that stimulate the central nervous systems. Caffeine, nicotine, cocaine, and amphetamines are commonly used stimulants. Stimulants can increase tension, affect eyesight, compromise judgment, and skew reaction time.(3) narcotics: Drugs such as heroin, morphine, codeine and Demerol are mainly taken to dull or deaden pain. These are strong drugs, and can lead to extreme drowsiness.(4) hallucinogens: The most used hallucinogens are marijuana, LSD, PCP, ecstasy, and peyote. Hallucinogens are mind-altering drugs that may cause unpredictable behavior and visual and/or auditory hallucinations.

2. Effect on the Driving Task

Depressant drugs cause drowsiness, poor judgment, faulty and blurred vision, and stupor. Stimulants cause hyperactivity, irritability, anxiety, and nervousness. The parts of the brain first affected by alcohol are the most critical to judgment and reasoning, which are the most critical to the driving task.

3. Synergistic Effects

When two drugs combine to alter mental states in a way that intensifies the affects that either drug would cause individually, this is called 'synergy.' If, for

instance, you take an antihistamine for hay fever, this can make you slightly drowsy. If you then take an over-the-counter migraine medication, the combination of the two drugs will likely put you to sleep.

C. Penalties

Over the past few years, penalties for driving while impaired have become more severe than ever before. All DUI violations are considered crimes and adjudicated in the criminal division. Even a misdemeanor DUI conviction carries mandatory jail time.

1. Implied Consent (13353 VC) and ADMIN PER SE (13353.2 VC)

'Implied Consent' means that when you get your drivers license, you agree to specific conditions even if they are not explicitly stated to you. One thing you agree to is that you will take certain tests if you are arrested by law enforcement for DUI. You do not have the right to consult with an attorney before taking these tests.

a. Testing concept: To determine whether a person is driving under the influence of alcohol or other drugs, and to remove the intoxicated driver from the road.

b. Purpose of testing: To determine alcohol and drug concentrations in the bloodstream.

c. Consequences of refusal

First Offense Suspended for 1 year Second Offense within a 10-year Period Revoked for 2 yearsThree or more offenses within a 10-year Period Revoked for 3 years

d. Types of Tests

• Alcohol : If a law enforcement official arrests you for driving under the influence of alcohol, you will be required to take a blood or breath test to determine your BAC.• Drugs: If you are arrested for driving under the influence of drugs, you will be required to take a blood or urine test.

2. Fines and Penalties - DUI

Remember that any container of liquor, beer, or wine carried inside your vehicle must be full, sealed, and unopened. Open containers must be placed in an area that is not accessible to the driver or the passengers, such as in a locked trunk. What do you call a song sung in an automobile? A cartoon! It is against the law to keep an open container of alcohol in the glove compartment, whether or not the compartment is locked, because it is still accessible. Likewise, do not place open containers in such areas as the hatchback where - though they might be difficult to get to - they are nonetheless accessible. The following penalties are for drivers 21 years of age and older.

IMPLIED CONSENT

When you signed and accepted your California Drivers License you legally consented to submit to a Preliminary Alcohol Screening test (breath, blood or urine) if requested. If you refuse this chemical test of your sobriety, under the "Implied Consent Law" (CVC 13353.1) your license will be suspended for one year.

ADMIN PER SE SUSPENSION

When a driver suspected of DUI does submit to the required chemical test, and that test shows a BAC of 0.08 or greater, that individual's driving privilege will be suspended immediately, on the spot. This is "Admin Per Se Suspension" (CVC 13353.2).

DRIVERS UNDER 21

If the driver is under 21 years of age, his/her license will be suspended if the Preliminary Alcohol Screening test shows a BAC of only 0.01. This is the "Zero Tolerance Law." (CVC 23136) An individual under 21 may have have their license reinstated on a restricted basis if they can demonstrate a "critical need to drive" (i.e. to and from school when there is no other mode of transportation or to and from employment that is critical to the support of the family) It is illegal for a driver under 21 to operate a motor vehicle with a BAC of 0.05 and the driver can be found in violation regardless of whether a chemical test is made. In other words, if the traffic officer merely observes that the driver has consumed alcohol and is under the influence, the arrest may be made (CVC 23140). Additionally, it is illegal for a driver or passenger under 21 to transport alcoholic beverages in a vehicle unless accompanied by a parent, legal guardian, adult relative or individual designated by a parent or guardian. Exceptions would be a driver under 21 alone but under employment (making deliveries) or following instructions of a parent or guardian in a timely manner.

a. First and second conviction requirements:

• First conviction: A First conviction: The punishment for a first DUI violation is imprisonment in the county jail for between 96 hours (at least 48 hours of which shall be continuous) and six months, and a fine of between $390 and $1,000. You may also lose your license for six months and the court may take your vehicle for up to six months (10 months if BAC was 0.20% or higher).• Second conviction: If you are convicted of a DUI twice within a ten-year period, the court is required under sentencing guidelines to have you incarcerated for not less than 90 days or for not more than 1 year. You will also be fined between $390 and $1,000 plus penalty assessments and you will lose your vehicle for up to twelve months. You will lose your license for two years. After completion of your suspension period, you may obtain a restricted license if you enroll in a DUI program, have an ignition interlock device placed on your vehicle, and pay the required fees. A person who is on probation for a DUI offense may not operate a motor vehicle at any time with 0.01% BAC or greater, as determined by a preliminary alcohol screening test or other chemical test. This violation of probation carries immediate administrative per se license suspension, and drivers who refuse or fail to complete a lawfully requested test face the suspension or revocation of their driving privilege for one to three years.

A person convicted of multiple DUIs within 10 years of a prior conviction, can have his or her privilege reinstated, if he or she shows proof of completing the initial 12 months of either the 18-month or 30-month drinking driver treatment program, installs an ignition interlock device, and establishes proof of financial liability. Completion of a DUI program is required for all DUI convictions. What do you call a pig that does karate? A pork chop! Persons convicted of their first DUI with a blood alcohol content (BAC) of 0.20% or higher, or who refuse a chemical test, are required to complete an alcohol treatment program of at least 60 hours over at least 9 months.

b. Misdemeanor vs. felony:

• Misdemeanor: If you are stopped for DUI before you cause property loss, injury, or death, you will most likely be charged with a misdemeanor count of DUI. This is punishable by fines and/or jail time.• Felony: When injury or death occurs from your DUI, the charge will be felony DUI. A DUI felony is treated as harshly as any other felony. You can spend years in prison, depending on the severity of the results. In recent years, people have been convicted of second-degree murder for felony DUI.

c. Other Effects

• Personal: On a personal level, if you are convicted of DUI, your life will never be the same. For one thing, you will now have a criminal conviction on your record. You will have to report this conviction on most employment applications and loan applications. In the short-term, you will spend a great deal of time, energy, money, and emotion fulfilling the requirements imposed on you by the court. If you have a full schedule, think about cutting it by 1/3rd or so for the time you will need to take public transportation or catch rides when you need to go out. Obviously, work and school days will be extended by hours as you work around not having a vehicle. If you are a single mother or father, forget about taking the children on vacation for awhile if you plan driving. Forget about much dating, as well, since you won't have

wheels. This is just the beginning. If you are convicted again, and you do jail time, many of those job and loan applications you submit will not even be considered• Financial:

The Cost of a Drink

(Prepared by DMV in cooperation with the CHP, Office of Traffic Safety, Department of Alcohol and Drug Programs, and Department of Justice.)

TOTAL FEES, FINES, AND ASSESSMENTS $5,238

If you use an attorney, add $2,000 - $4,000.

Frequently Asked Questions | Close Window

SECTION 5: LICENSING CONTROL MEASURES

The Department of Motor Vehicles is responsible for the safety of the driving public. One of the DMV's many functions is maintaining the driving records of their clients (you and the rest of the driving community). The driving records are public and can be accessed for legitimate reasons by police agencies as well as insurance companiesA. The Driving Privilege 1.Privilege vs. Right The DMV is not compelled constitutionally or legally to issue any particular person a license to drive. In fact, one of the department's main responsibilities is refusing to issue licenses to persons unqualified to drive, or disqualified from driving. Thus, driving is a privilege rather than a right. Like all privileges, it must be earned and – once earned – it must be preserved through the safe and conscientious actions of the driver.

2.License Refusal

The Department of Motor Vehicles takes the strongest action possible against anyone who alters or otherwise attempts to falsify a driver license. The department may furthermore refuse to issue you a license if you:

Have a history of alcohol or drug abuse Have used the license illegally

Have lied on your application Do not understand traffic laws or signs Do not have the skills to drive Have a health problem that makes your driving unsafe Have an outstanding traffic citation because you failed to appear (FTA) in court

or failed to pay (FTP) a court-ordered fine Have not complied with a judgment or order for family support payments Use a crib sheet for any license examination Impersonate an applicant or allow someone else to impersonate you to

fraudulently qualify for a license; Refuse to give a thumb print Refuse to sign the certification on the application Submit a fraudulent birth date/ legal presence document or social security

document

As a condition of obtaining or renewing a driver's license, applicants must sign a declaration acknowledging that they may be charged with murder if a person is killed as a result of their driving under the influence of alcohol or other drugs.

3. Violation of License Restriction

Some drivers are issued licenses with restrictions placed on their use. Types of restrictions include, but aren't limited to:• Using special mechanical control devices• Driving only to and from work or school• Using corrective lenses• Driving only during daytime hours• Using special mirrors

If you are restricted in any way, and the DMV receives satisfactory evidence of a violation of the restriction, the DMV may suspend or revoke your license. Is it true that cannibals don't eat clowns because they taste funny?

4. Provisional Licenses

A provisional license is issued to drivers under the age of 18. During the first twelve months of provisional licensing, drivers may not drive between 11 pm and 5 am and may not transport passengers under the age of 20 unless accompanied by a parent or guardian, a licensed driver who is at least 25 years old, or a licensed or certified driving instructor. Exceptions are made for such things as school (requires a note from the school principle/dean/designee), work (requires proof of employment), medical necessity (requires a doctor's note), your or a family member's necessity (requires a note from parent/guardian), and emancipated minors.

If a provisional driver fails to appear in court or fails to pay a fine for a traffic violation, their license will be suspended until they appear before a judge or pay. What do you get if you cross a chicken and a cement mixer? A brick layer.

If a provisional driver has one traffic conviction or an "at fault" collision (or both) within 12 months, they will receive a warning a letter. A second such occurrence within 12 months and the person will be forbidden to drive for 30 days unless accompanied by a parent or other licensed adult at least 25 years of age. A third such occurrence will result in a 6-month suspension and one year's probation. An additional occurrence during the probationary period will result in suspension.

If you are between the ages of 13 and 21 and convicted of using a controlled substance, your license will be suspended for one year. If you don't yet have a license, the age at which you can be licensed is pushed back one year. You may also be required to complete a DUI program.

Actions against your provisional license will continue past your 18th birthday for their full term.

B. Negligent Operator Treatment System (NOTS)

'Negligent operators (drivers),' according to the DMV definition, are drivers who have repeatedly or egregiously violated the CVC and traffic safety standards. These negligent operators "…have subsequent crash rates that are significantly higher than those of drivers without traffic violations…." More to the point, these 'scofflaws' display a pattern of behavior that suggests they will re-offend. The DMV has designed a numerical system for assessing and responding to negligent drivers. The system is called 'Negligent Operator Treatment System (NOTS).' Under the system, specific numbers of points are assessed for specific violations, and an accumulation of points results in penalties.

1. Effects of Convictions/Collisions

The NOTS system is a way to both identify habitual offenders, and to intervene and get them off the road before they re-offend, perhaps killing or maiming another driver. There are three levels of intervention.

Level 1: A warning letter is generated based on the following:

Point Count Time Period

2 Within 12 months

4 Within 24 months

6 Within 36 months

Level 2: A Notice of Intent to Suspend letter is sent to a driver when the following occurs:

Point Count Time Period

3 Within 12 months

5 Within 24 months

7 Within 36 months

Level 3: The driving privilege will be suspended and an ORDER OF PROBATION/SUSPENSION will be sent to the driver under the following conditions

Point Count Time Period

4 Within 12 months

6 Within 24 months

8 Within 36 months

The Negligent Operator Treatment System has resulted in:

• Intervening with offenders sooner• Increasing the number of drivers targeted for intervention• Increasing the number of suspensions at level 2 and 3 (see below)

2. Point Count Determination

The DMV keeps a public record of all your traffic convictions and collisions. Each occurrence stays on your record for 36 months or longer depending on the type of conviction. What do you get if you cross an elephant and a kangaroo? Big holes all over Australia. You are considered a negligent operator of a motor vehicle when your driving record shows any one of the following 'point counts,' regardless of your license class.

• Non-commercial drivers

• 4 points in 12 months• 6 points in 24 month

• 8 points in 36 months

• Commercial Driver

• 6 points in 12 months• 8 points in 24 months• 10 points in 36 months

Class A and Class B drivers are charged with 1.5 points for infractions while driving their rigs or buses.

a. Violations: Examples of one point violations would be:

• A traffic conviction• An at-fault collision

Examples of two point violations would be:

• Reckless driving• Driving under the influence of alcohol/ drugs• Hit-and-run driving• Evading a peace officer• Driving while suspended or revoked

b. Collisions: In a collision where one of the drivers is determined to be at fault the DMV will add one point to the fault driver's record.

3. Action

The DMV may take such action as to suspend or revoke a person's driver's license for such offenses as felony driving under the influence, grand theft and other offenses used while driving a motor vehicle.

a. Probation (14250 VC): The DMV may in lieu of suspension or revocation place a person on probation.b. Suspension (13102 VC): Suspension means that the privilege to drive a motor vehicle is temporarily withdrawn, usually dependent on the examination of the physical or mental condition of the licensee.c. Revocation (13101 VC): Revocation means that the privilege to drive a motor vehicle is terminated and a new driver's license may be obtained after a period of revocation.

 

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