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 the
beginning...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) Turn your wheels

away;
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 from the curb
vehicle will become an out-of-control runaway. It will mow down anything and when
everything in its path. parking on an
uphill
When pulling into a curbed space, park with the wheels no farther than 18 slope.
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

toward the curb
when parking on
a downhill slope.
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.
Rolling through stop signs is illegal. The law also says that when two or more drivers
 Worse, odds
simultaneously arrive at an intersection, the driver on the
go up for you making a mistake...and
left must allow the driver on the right to proceed first.
then it's only a matter of time before
The other drivers then proceed, one-at-a-time.
you cause a collision.

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
into
chaos.

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.
 Continue

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Motorcycle Statistics SECTION 3:DRIVER RESPONSIBILITY

The effects of a crash involving a
motorcycle can often be devastating. In this chapter, you will learn about some of your
While 20 percent of passenger vehicle responsibilities as a driver. As an operator of a lethal
crashes result in injury or death, an weapon, you have a special responsibility to look out
astounding 80 percent of motorcycle for the safety of those less protected than you. This
crashes result in injury or death. includes pedestrians and operators of two-wheeled
According to the California Highway Patrol vehicles.
2003 SWITRS (Statewide Integrated
Traffic Records System) Annual Report, of All drivers moving to California must have a valid
the 368 motorcyclists killed in California California driver license within 10 calendar days of
during 2003, 331 or 90% were male. Of gaining residency. Also, when you move, the law
the 9,681 motorcyclists injured, 8,481 or requires you to report your new address to the DMV
88% were male. The most vulnerable age within 10 days. When applying to the DMV for a driver
group for motorcycle fatalities was 35-44 license, drivers can use their birth certificate to prove
and the most vulnerable age group for their identity.
injuries was 25-34. Motorcycle riding is
extremely dangerous, even with safety Effective January 2006, the DMV no longer has the
equipment. Of the 368 motorcyclists choice of canceling the registration of any vehicle
killed, 321 (88%) were using safety when it is determined that the vehicle is not covered
equipment. Of the 9,681 injured, 8145 by a valid form of financial responsibility, but instead
(84%) were using safety equipment. 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
Pedestrian Statistics registration after cancellation.
According to the California Highway Patrol
2003 SWITRS (Statewide Integrated
Traffic Records System) Annual Report, A. Pedestrian Safety
712 pedestrians were killed and 13,991
pedestrians were injured in traffic crashes 1. Pedestrian Responsibility
during 2003. Children under 15
accounted for 24.7% of all pedestrian Pedestrians must take responsibility for their own
victims. The most vulnerable age group safety, by heeding the following:
for pedestrian victims (killed and injured) • Only cross streets at intersections.
was 15-24 years. Overall, the majority of • Make eye contact with approaching drivers.
pedestrian victims tend to be male. The • Never cross a street between parked vehicles.
most dangerous pedestrian activity in • Wear light-colored jackets, especially at night.
2003 was crossing in the crosswalk • Always hold the hand of young children when
(accounting for 5,369 victims) followed by crossing
crossing outside the crosswalk (4,309 a street.
victims) and walking on the road or • Stop, look, and listen before crossing a street.
shoulder (2,430 victims).
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 children
are 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 address

license 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 This woman is exchanging information with
employer, if you were driving a the driver of a vehicle that rear-ended her.
company vehicle.

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 redu
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 DU
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 bet
than the national AFR of 0.59. Only sixteen states have a better AF
than California. These numbers are encouraging, but people contin
die on California streets and highways because of DUI. So there is
much work to be done.

A. Alcohol
 As a Drug

cohol is a drug. It is categorized as a 'depressant,' and acts on the central nervous system. Can vegetarians eat
nimal crackers? It is absorbed directly into the bloodstream through the digestive system, where it is quickly
ansported to the brain. There, it affects judgment, physical response time, and coordination first, followed by
eech and vision.

Stages of Alcohol Influence

ood Alcohol Concentration (BAC): Blood Alcohol Concentration is a number that refers to the levels of (the activ
gredient of) alcohol in your bloodstream. The number is used by law enforcement simply as a measure of wheth
u are more or less intoxicated. (If your alcohol content is .08, you are more intoxicated than .06 and less
toxicated than .10.)

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

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

he following stages of intoxication may appear at lower or higher BACs than cited below, again depending on su
ctors as body weight, etc.
a. Blood Alcohol Level (refer to chart below)
mber of Drinks BAC Symptoms
No loss of coordination; slightly euphoric; no apparent depressan
e (.01%-.04%)
effects
Slight Impairment of balance, speech, vision, reaction time, and
o (.05%-.07%) hearing; euphoria; judgment and self-control are reduced; cautio
reason, and memory are impaired
Significant impairment of motor coordination and loss of good
ur (0.08% -UP) 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 illness
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

How to Identify and Avoid An Impaired Driver

ne 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
AFETY TIP: If you are stopped on the freeway shoulder at night, do not activate your emergency flashers. Impair
ivers have the tendency to focus in on flashing lights and to steer towards them. You do not want to be "followe
y a speeding, impaired driver when you are sitting still.

Alternatives to Drinking and Driving

responsible drinker always plans an alternative to driving. Make

rangements before you go out to do any of the following:
There is no good reason to driv
when you've been drinking.
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 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.

Synergistic Effects

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

. Other Drugs

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

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.

Effect on the Driving Task

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

Synergistic Effects

hen two drugs combine to alter mental states in a way that intensifies the affects that either drug would cause
dividually, this is called 'synergy.' If, for instance, you take an antihistamine for hay fever, this can make you
ghtly drowsy. If you then take an over-the-counter migraine medication, the combination of the two drugs will
ely put you to sleep.

. Penalties

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

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

mplied Consent' means that when you get your drivers license, you agree to
ecific conditions even if they are not explicitly stated to you. One thing you
gree to is that you will take certain tests if you are arrested by law
nforcement for DUI. You do not have the right to consult with an attorney
efore 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.

Consequences of refusal

t Offense Suspended for 1 year

ond Offense within a 10-year
Revoked for 2 years
iod
ee or more offenses within a 10-
Revoked for 3 years
ar Period
 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.

Fines and Penalties - DUI

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

MPLIED CONSENT

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

DMIN PER SE SUSPENSION

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

RIVERS UNDER 21

the driver is under 21 years of age, his/her license will be suspended if the Preliminary Alcohol Screening test
ows a BAC of only 0.01. This is the "Zero Tolerance Law." (CVC 23136) An individual under 21 may have have
eir license reinstated on a restricted basis if they can demonstrate a "critical need to drive" (i.e. to and from
hool when there is no other mode of transportation or to and from employment that is critical to the support of
e 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
und in violation regardless of whether a chemical test is made. In other words, if the traffic officer merely
bserves that the driver has consumed alcohol and is under the influence, the arrest may be made (CVC 23140).
dditionally, it is illegal for a driver or passenger under 21 to transport alcoholic beverages in a vehicle unless
companied by a parent, legal guardian, adult relative or individual designated by a parent or guardian.
xceptions would be a driver under 21 alone but under employment (making deliveries) or following instructions
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 companies
A. 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
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