Chapter 1 - Driving Schools and Driving Instructors

California Vehicle Code — §§ 11100-11114

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Sections (39)

Amended by Stats. 1988, Ch. 1399, Sec. 2.

(a)No person shall own or operate a driving school or give driving instruction for compensation, unless a license therefor has been secured from the department.

(b)This section does not apply to the ownership or operation of any school, or the giving of instruction, for the driving of motortrucks of three or more axles which are more than 6,000 pounds unladen weight.

§ 11100.1

Added by Stats. 1987, Ch. 881, Sec. 4. Section operative July 1, 1988, by its own provisions.

No person who instructs others in the operation of all-terrain vehicles shall represent that the instruction given satisfies the requirements of Sections 38503 and 38504, and no certificate shall be issued or awarded for participation in all-terrain vehicle safety instruction unless the instruction is conducted by a licensed all-terrain vehicle safety instructor who is sponsored by an all-terrain vehicle safety training organization.

This section shall become operative on July 1, 1988.

§ 11100.5

Added by Stats. 1965, Ch. 1957.

Whenever it is necessary for a driving school or independent driving instructor to be certified by the Department of Education, or any agency thereof, in order to participate in any state or federal program directed at training or retraining persons in occupational skills, licensing or certification by the Department of Motor Vehicles pursuant to this chapter may operate to fully qualify such school or instructor to participate in the program.

Costs incurred by the department in exercising its functions pursuant to this section shall be borne by the applicant for licensing or certification, and the department may charge the applicant a reasonable fee therefor.

§ 11101

Amended by Stats. 2006, Ch. 311, Sec. 6. Effective January 1, 2007.

(a)This chapter does not apply to any of the following:

(1)Public schools or educational institutions in which driving instruction is part of the curriculum.

(2)Nonprofit public service organizations offering instruction without a tuition fee.

(3)Nonprofit organizations engaged exclusively in giving off-the-highway instruction in the operation of motorcycles, if the course of instruction is approved by the National Highway Traffic Safety Administration and is not designed to prepare students for examination by the department for an M1 or M2 drivers license or endorsement.

(4)Commercial schools giving only off-the-highway instruction in the operation of special construction equipment, as defined in this code.

(5)Vehicle dealers or their salesmen giving instruction without charge to purchasers of motor vehicles.

(6)Employers giving instruction to their employees.

(7)Commercial schools engaged exclusively in giving off-the-highway instruction in the operation of racing vehicles or in advanced driving skills to persons holding valid drivers’ licenses, except whenever that instruction is given to persons who are being prepared for examination by the department for any class of driver’s license.

(b)For purposes of this section, “racing vehicle” means a motor vehicle of a type that is used exclusively in a contest of speed and that is not intended for use on the highways.

(c)(1) Nothing in this chapter shall be construed to direct or restrict courses of instruction in driver education offered by private secondary schools or to require the use of credentialed or certified instructors in driver education courses offered by private secondary schools.

(2)For the purposes of this section, private secondary schools are those subject to Sections 33190 and 48222 of the Education Code.

§ 11102

Amended by Stats. 2000, Ch. 243, Sec. 1. Effective January 1, 2001.

(a)A driving school owner, or the principal in an all-terrain vehicle safety training organization, shall meet all of the following requirements:

(1)Maintain an established place of business open to the public. No office or place of business shall be situated within 500 feet of any building used by the department as an office, unless the owner was established at that location on or before January 1, 1976.

(2)Have the proper equipment necessary to give instruction in the operation of the class of vehicles for which the course is designed, which shall include, but not be limited to, training vehicles equipped with all of the following:

(A)An additional functional foot brake affixed to the right side of the front floor.

(B)A rearview mirror placed on the inside of the windshield on the right side, which is additional to the factory-installed mirror in the center of the windshield.

(3)Procure and file with the department a bond of ten thousand dollars ($10,000) executed by an admitted surety insurer and conditioned that the applicant shall not practice any fraud or make any fraudulent representation that will cause a monetary loss to a person taking instruction from the applicant.

(4)Meet the requirements of Section 11105.2 and, if the person is the owner of a driving school, meet the requirements of Section 11102.5. If the owner is not the operator of the driving school, the owner shall designate an operator who shall meet the requirements of Section 11102.5.

(5)(A) File with the department an instrument, in writing, appointing the director as the agent of the applicant upon whom a process may be served in any action commenced against the applicant arising out of any claim for damages suffered by any person by the applicant’s violation of any provision of this code or any condition of the bond.

(B)The applicant shall stipulate in the instrument that any process directed to the applicant, when personal service cannot be made in this state after due diligence, may be served upon the director or, if the director is absent from the office, upon any employee in charge of the office of the director, in which case the service is of the same effect as if served upon the applicant personally. The applicant shall further stipulate, in writing, that the agency created by the instrument shall continue during the period covered by the license and so long thereafter as the applicant may be made to answer in damages for a violation of this code or any condition of the bond.

(C)The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before a notary public.

(D)If the licensee is served with process by service upon the director, one copy of the summons and complaint shall be left with the director or in the director’s office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director at the time of service of the copy of the summons and complaint.

(E)The service on the director is a sufficient service on the licensee if the plaintiff or the plaintiff’s attorney also, on the same day, sends notice of the service and a copy of the summons and complaint by registered mail to the licensee. A copy of the summons and complaint shall also be mailed by the plaintiff or his or her attorney to the surety of the applicant’s bond at the address of the surety given in the bond, postpaid and registered with request for return receipt.

(F)The director shall keep a record of all process served upon the director under this paragraph showing the day and hour of service, and the director shall retain the summons and complaint served on file.

(G)If the licensee is served with process by service thereof upon the director, the licensee has 30 days after that service within which to answer any complaint or other pleading filed in the cause. For purposes of venue, if the licensee is served with process by service upon the director, the service is deemed to have been made upon the licensee in the county in which the licensee has or last had the licensee’s established place of business.

(b)The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.

§ 11102.1

Amended by Stats. 2002, Ch. 784, Sec. 597. Effective January 1, 2003.

If a deposit is given instead of the bond required by Section 11102:

(a)The director may order the deposit returned at the expiration of three years from the date a driving school licensee has ceased to do business, or three years from the date a licensee has ceased to be licensed, if the director is satisfied that there are no outstanding claims against the deposit. A judge of a superior court may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit.

(b)If either the director, department, or state is a defendant in any action instituted to recover all or any part of the deposit, or any action is instituted by the director, department, or state to determine those entitled to any part of the deposit, the director, department, or state shall be paid reasonable attorney fees and costs from the deposit. Costs shall include those administrative costs incurred in processing claims against the deposit.

§ 11102.5

Amended by Stats. 2022, Ch. 295, Sec. 8. (AB 2956) Effective January 1, 2023.

(a)A driving school operator shall meet all of the following requirements:

(1)Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, driving school statutes and regulations, and office procedures and recordkeeping.

(2)Pay the department a fee of one hundred dollars ($100), which shall entitle the applicant to three examinations.

(3)Be 21 years of age or older.

(4)Have worked for an established licensed California driving school as a driving instructor for a period of not less than 2,000 hours of actual behind-the-wheel teaching and, on and after July 1, 1973, have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department, except that the operator, including an owner who is also the operator, of a driving school that exclusively teaches motorcycle driving may, in lieu of the behind-the-wheel teaching requirement, have worked for an established licensed California driving school as a motorcycle driving instructor for not less than 300 hours of actual motorcycle range and street teaching, have taught 300 hours of actual motorcycle range and street instruction under the guidance of the California Motorcyclist Safety Program, or have given comparable training instruction that is acceptable to

the department. This paragraph does not apply to any person who is certified by the State Department of Education as fully qualified to teach driver education and driver training and has taught those subjects in the public school system for not less than 1,000 hours.

(b)The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.

§ 11102.6

Amended by Stats. 2016, Ch. 86, Sec. 300. (SB 1171) Effective January 1, 2017.

(a)Notwithstanding Section 11102.5, a driving school operator who is first licensed to operate a driving school on or after July 1, 2016, and who offers no behind-the-wheel driver training, shall meet all of the following requirements:

(2)Pay the department a fee for each examination taken, not to exceed the reasonable cost of administering the examination.

(3)Be 21 years of

age or older.

(4)Have successfully completed an educational program of not less than 60 hours that is acceptable to the department. The program shall include a minimum of 40 hours of classroom instruction and 20 hours of behind-the-wheel instruction. The program shall include, but not be limited to, driving school operator responsibilities, current vehicle laws, and regulations in Article 4.6 of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations. The instruction may be provided by generally accredited educational institutions, private vocational schools, and education programs and seminars offered by professional societies, organizations, trade associations, and other educational and technical programs that meet the requirements of this section.

(b)The qualifying requirements referred to in this section shall be met within one year from the date of

application for a license, or a new application, examination, and a fee for the examination not to exceed the reasonable cost of administering the examination shall be required.

§ 11103

Amended by Stats. 1986, Ch. 403, Sec. 1.

A driving school owner and an independent instructor licensed under Section 11105.5 shall maintain bodily injury and property damage liability insurance on motor vehicles while being used in driving instruction, insuring the liability of the driving school, the driving instructor, and any person taking instruction in at least the following amounts: one hundred fifty thousand dollars ($150,000) for bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars ($300,000) for bodily injury to or death of two or more persons in any one accident, and the amount of fifty thousand dollars ($50,000) for damage to property of others in any one accident.

The owner or instructor shall file evidence of that insurance coverage in the form of a certificate from the insurance carrier with the department, and the certificate shall stipulate that the insurance shall not be canceled except upon 30 days’ prior written notice to the department.

§ 11103.1

Added by Stats. 1987, Ch. 881, Sec. 7. Section operative July 1, 1988, by its own provisions.

An all-terrain vehicle safety training organization shall maintain bodily injury and property damage liability insurance on motor vehicles while being used in all-terrain vehicle safety instruction, insuring the liability of the organization, the instructors, and any person taking instruction in at least the following amounts:

(a)One hundred fifty thousand dollars ($150,000) for bodily injury to or death of one person in any one accident.

(b)Subject to the limit specified in paragraph (1) for one person, three hundred thousand dollars ($300,000) for bodily injury to or death of two or more persons in any one accident.

(c)Fifty thousand dollars ($50,000) for damage to property of others in any one accident.

This section shall become operative on July 1, 1988.

§ 11103.2

Added by Stats. 1996, Ch. 47, Sec. 1. Effective January 1, 1997.

A driving school owner who employs one or more driving instructors or other employees shall sign, under penalty of perjury, a statement in a form determined and retained by the department stating that the owner is in compliance with worker’s compensation requirements set forth in Section 3700 of the Labor Code.

§ 11104

Amended by Stats. 2022, Ch. 800, Sec. 5. (AB 2746) Effective January 1, 2023.

(a)Every person, in order to qualify as a driving instructor, as defined in Section 310.4, shall meet all of the following requirements:

(1)On and after July 1, 1973, have a high school education or its equivalent and have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department.

(2)Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques.

(3)Be physically able to safely operate a motor vehicle and to train others in the operation of motor vehicles.

(4)Hold a valid California driver’s license in a class appropriate for the type of vehicle in which instruction will be given.

(5)Not be on probation to the department as a negligent operator.

(6)Have a driving record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509.

(7)Be 21 years of age or older.

(b)If an applicant cannot meet the requirements of paragraphs (3) and (4) of subdivision (a) because of a physical disability, the department may, at its discretion, issue the applicant a driving school instructor’s license restricted to classroom driver education instruction only.

(c)The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.

§ 11104.3

Amended by Stats. 2022, Ch. 800, Sec. 6. (AB 2746) Effective January 1, 2023.

(a)An all-terrain vehicle safety instructor shall meet all of the following requirements:

(1)Be a person who has not been convicted of a crime involving an act of dishonesty, fraud, or deceit with the intent to benefit themself or another substantially, or to injure another substantially; or has not committed any act that, if done as an all-terrain vehicle safety instructor, would be grounds for the suspension or revocation of the all-terrain vehicle safety instructor’s license. A conviction after a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section.

(2)Have a high school education or its equivalent and have satisfactorily completed a course of instruction training in all-terrain vehicle safety as approved by the Off-Highway Vehicle Safety Education Committee.

(3)Within three attempts, pass the examination that the department requires on off-highway vehicle laws, safe driving practices, operation of all-terrain vehicles, and teaching methods and techniques.

(4)Be physically able to safely operate a motor vehicle and to train others in the operation of all-terrain vehicles.

(5)Hold a valid driver’s license issued by this state or any contiguous state.

(6)Not be on probation to the

department as a negligent operator or the equivalent of that in the state that issued the driver’s license.

(7)Have a driver record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in former Section 40509 or former Section 40509.5 or as provided in equivalent statutes in the state that issued the driver’s license.

(8)Be 18 years of age or older.

(9)Be sponsored by an all-terrain vehicle safety training organization.

(b)The qualifying requirements in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required.

§ 11104.5

Added by Stats. 1987, Ch. 75, Sec. 1.

Each applicant for a license as a driving school owner, driving school operator, or driving instructor shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with any information concerning the applicant’s character, honesty, integrity, and reputation which the department may consider necessary.

§ 11104.6

Added by Stats. 1987, Ch. 881, Sec. 9. Section operative July 1, 1988, by its own provisions.

Each applicant for a license or for renewal of a license under this chapter shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department any information concerning the applicant’s character, honesty, integrity, and reputation which the department considers to be necessary.

This section shall become operative on July 1, 1988.

§ 11105

Amended by Stats. 1996, Ch. 47, Sec. 2. Effective January 1, 1997.

(a)The department shall issue a license certificate to each driving school owner and to each driving school operator when it is satisfied that the owner has met the qualifications required under this chapter. The license shall be for a period of one year from midnight of the last day of the month of issuance unless canceled, suspended, or revoked by the department.

(b)The license shall be renewed annually. The department shall require all of the following for the renewal of the license:

(1)Compliance with the provisions of Sections 11102 and 11105.2 for renewal of a driving school owner’s license or Section 11102.5, except paragraph (2) of subdivision (a) of Section 11102.5, for renewal of a driving school operator’s license.

(2)Satisfactory completion of an examination as provided in Section 11102.5 at least once during each succeeding three-year period after the initial issuance of a license certificate.

In lieu of any examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education. Professional education, as used in this subdivision, means satisfactory completion of courses related to traffic safety, teaching techniques, or the teaching of driver instruction acceptable to the department or participation in professional seminars approved by the department.

(c)The department may issue a probationary license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.

(d)Upon notification of death of a driving school licensee the department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of a validly outstanding certificate to conduct a driving school, or if no executor, executrix, administrator or administratrix has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the surviving spouse or other heir otherwise entitled to conduct the business of the deceased, permitting such person to conduct the driving school for a period of one year from and after the date of death, and necessary one-year renewals thereafter pending, but not later than, disposal of the business and qualification of the vendee of the business or such surviving spouse or heir for a license certificate to conduct a driving school under the provisions of this division. The department may restrict or condition the certificate and attach to the exercise of the privilege thereunder such terms and conditions as in its judgment the protection of the public requires.

(e)The department shall not issue or renew a license certificate unless it determines that the driving school owner has complied with Section 11103.2.

§ 11105.1

Repealed (in Sec. 10) and added by Stats. 1987, Ch. 881, Sec. 11. Section operative July 1, 1988, by its own provisions.

(a)The department shall issue a license certificate to each driving school instructor and to each all-terrain vehicle safety instructor when it is satisfied that the person has met the qualifications required under this chapter. The original instructor’s license and any instructor’s license renewed pursuant to subdivisions (b) and (c) is valid for three years from the date issued unless canceled, suspended, or revoked by the department.

(b)A licensee may apply for the renewal of an instructor’s license prior to the expiration date of the license. In no event shall an instructor renew the license after the date of expiration.

(c)The department shall require all of the following for the renewal of the instructor’s license:

(1)Compliance with Section 11104, except subdivision (c) thereof, for a driving school instructor, or compliance with Section 11104.3, except paragraph (3) of subdivision (a) thereof, for an all-terrain vehicle safety instructor, and, for either, compliance with Section 11105.2.

(2)Satisfactory completion of an examination as provided in Section 11104 or 11104.3, as applicable, at least once during each succeeding three-year period after the initial issuance of an instructor license certificate.

In lieu of any examination for renewal of the license, the department may accept submission by the licensee of evidence of continuing professional education as defined in paragraph (2) of subdivision (b) of Section 11105.

(d)The department may issue a probationary instructor’s license and certificate subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license or certificate, but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.

(e)This section shall become operative on July 1, 1988.

§ 11105.2

Repealed (in Sec. 12) and added by Stats. 1987, Ch. 881, Sec. 13. Section operative July 1, 1988, by its own provisions.

(a)The fee for a license issued to a driving school owner or to an all-terrain vehicle safety training organization shall be as follows:

(1)For the original license, or an ownership change which requires a new application, except as provided by Section 42231, a nonrefundable fee of one hundred fifty dollars ($150).

(2)For the annual renewal of a license, a fee of fifty dollars ($50).

(3)If an alteration of an existing license is caused by a firm name change, a change in corporate officer structure, address change, or the addition of a branch location, a fee of seventy dollars ($70).

(4)For replacement of the license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15).

(b)The fee for a license issued to a driving school operator shall be as follows:

(1)For the original license a nonrefundable fee of one hundred dollars ($100).

(2)For the annual renewal of a license, a fee of one hundred dollars ($100).

(3)If an alteration of an existing license is caused by a change in school name or location, or the addition of a branch location, a fee of fifteen dollars ($15).

(4)For replacement of the license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15).

(c)The fee for a license issued to a driving school instructor or to an all-terrain vehicle safety instructor shall be as follows:

(1)For the original license, except as provided by Section 42231, a nonrefundable fee of thirty dollars ($30).

(2)For the triennial renewal of a license, a fee of thirty dollars ($30).

(3)If an alteration of an existing license is caused by a change in the instructor’s employing school’s name or location, or transfer of the instructor’s license to another employing school, a fee of fifteen dollars ($15).

(4)For the replacement of the instructor’s license when the original license is lost, stolen, or mutilated, a fee of fifteen dollars ($15).

(d)This section shall become operative on July 1, 1988.

§ 11105.3

Repealed (in Sec. 14) and added by Stats. 1987, Ch. 881, Sec. 15. Section operative July 1, 1988, by its own provisions.

Any school owner, operator, or instructor required to be licensed under this chapter who fails to renew the license prior to the expiration of the license in accordance with Sections 11105 and 11105.1 and whose license was not canceled, suspended, or revoked by the department at the time of expiration, may reapply for an original license pursuant to Section 11102, 11102.5, 11104, or 11104.3.

This section shall become operative on July 1, 1988.

§ 11105.5

Amended by Stats. 1971, Ch. 438.

The department shall issue an independent driving instructor’s license to permit instruction in any city with a population of less than 50,000, which does not have within it an established licensed driving school, to any person who meets the requirements of this chapter relating to instructor’s and independent instructor’s licenses, even though such person is not an employee of, or otherwise associated with or instructing through, a driving school, except that no independent driving instructor’s license shall be issued to a person to instruct in counties with a population in excess of 400,000. In addition, an independent instructor must at all times be employed as an accredited teacher of automobile driver education or automobile driver training under the provisions of the Education Code.

§ 11105.6