Article 1 - Persons Required to Be Licensed, Exemptions, and Age Limits

California Vehicle Code — §§ 12500-12527

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Sections (34)

Amended by Stats. 2007, Ch. 630, Sec. 3. Effective January 1, 2008.

(a)A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.

(b)A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those

persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class, as specified in subdivision (h) of Section 12804.9.

(c)A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver’s license of the appropriate class or certification to operate the vehicle. As used in this subdivision, “offstreet parking facility” means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.

(d)A person may not drive a motor vehicle or combination of

vehicles that is not of a type for which the person is licensed.

(e)A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

§ 12501

Amended by Stats. 1990, Ch. 1360, Sec. 10.

The following persons are not required to obtain a driver’s license:

(a)An officer or employee of the United States, while operating a motor vehicle owned or controlled by the United States on the business of the United States, except when the motor vehicle being operated is a commercial motor vehicle, as defined in Section 15210.

(b)Any person while driving or operating implements of husbandry incidentally operated or

moved over a highway, except as provided in Section 36300 or 36305.

(c)Any person driving or operating an off-highway motor vehicle subject to identification, as defined in Section 38012, while driving or operating such motor vehicle as provided in Section 38025. Nothing in this subdivision authorizes operation of a motor vehicle by a person without a valid driver’s license upon any offstreet parking facility, as defined in subdivision (c) of Section 12500.

§ 12502

Repealed (in Sec. 2) and added by Stats. 2012, Ch. 670, Sec. 2.5. (AB 2188) Effective January 1, 2013. Section operative January 31, 2014, by its own provisions.

(a)The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:

(1)A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.

(2)A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver’s license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession.

(3)A nonresident having in his or her immediate possession a valid driver’s license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating.

(b)(1) A driver required to have a commercial driver’s license under Part 383 of Title 49 of the Code of Federal Regulations who submits a current medical examiner’s certificate to the licensing state in accordance with Section 383.71(h) of Subpart E of Part 383 of Title 49 of the Code of Federal Regulations, documenting that he or she meets the physical qualification requirements of Section 391.41 of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations, is not required to carry on his or her person the medical examiner’s certificate or a copy of that certificate.

(2)A driver may use the date-stamped receipt, given to the driver by the licensing state agency, for up to 15 days after the date stamped on the receipt, as proof of medical certification.

(c)A nonresident possessing a

medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident.

(d)This section shall become operative on January 31, 2014.

§ 12503

Amended by Stats. 1971, Ch. 1748.

A nonresident over the age of 18 years whose home state or country does not require the licensing of drivers may operate a foreign vehicle owned by him for not to exceed 30 days without obtaining a license under this code.

§ 12504

Amended by Stats. 1992, Ch. 974, Sec. 4. Effective September 28, 1992.

(a)Sections 12502 and 12503 apply to any nonresident over the age of 16 years but under the age of 18 years. The maximum period during which that nonresident may operate a motor vehicle in this state without obtaining a driver’s license is limited to a period of 10 days immediately following the entry of the nonresident into this state except as provided in subdivision (b) of this section.

(b)Any nonresident over the

age of 16 years but under the age of 18 years who is a resident of a foreign jurisdiction which requires the licensing of drivers may continue to operate a motor vehicle in this state after 10 days from his or her date of entry into this state if he or she meets both the following:

(1)He or she has a valid driver’s license, issued by the foreign jurisdiction, in his or her immediate possession.

(2)He or she has been issued and has in his or her immediate possession a nonresident minor’s certificate, which the department issues to a nonresident minor who holds a valid driver’s license issued to him or her by his or her home state or country, and who files proof of financial responsibility.

(c)Whenever any of the conditions for the issuance of a nonresident minor’s certificate cease to exist, the department shall

cancel the certificate and require the minor to surrender it to the department.

§ 12505

Amended by Stats. 2022, Ch. 295, Sec. 11. (AB 2956) Effective January 1, 2023.

(a)(1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever they are absent.

Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher education.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

(2)California residency is required of a person in order to be issued a commercial driver’s license under this code.

(b)The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.

(c)A person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date the person establishes

residence

in this state, except that a person shall not operate a motor vehicle for employment in this state after establishing residency without first obtaining a license from the department.

(d)If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial driver’s license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:

(1)An existing commercial driver’s license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.

(2)A person who is a resident of this state may obtain a nondomiciled commercial

learner’s permit or commercial driver’s license from any state that elects to issue a nondomiciled commercial learner’s permit or commercial driver’s license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.

(3)For the purposes of this subdivision, a nondomiciled commercial learner’s permit or commercial driver’s license is a commercial learner’s permit or commercial driver’s license issued by a state to an individual domiciled in a foreign country or in another state.

(e)The department may issue a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license to a person who is domiciled in a state or jurisdiction that has been decertified by the

federal government or not determined to be in compliance with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.

(f)Subject to Section 12504, a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver’s license issued to the person by any other foreign jurisdiction may operate a motor vehicle in this state without obtaining a license from the department, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by this code.

(g)A person who is 18 years of age or older and in

possession of a valid commercial learner’s permit or commercial driver’s license issued by a foreign jurisdiction that meets the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall be granted reciprocity to operate vehicles of the appropriate class on the highways of this state.

(h)A person from a foreign jurisdiction that does not meet the licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations shall obtain a commercial learner’s permit or commercial driver’s license from the department before operating on the highways a motor vehicle for which a commercial driver’s license is required, as described in Section 12804.9. The medical examination form required for issuance of a commercial driver’s license shall be

completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.

(i)This section does not authorize the employment of a person in violation of Section 12515.

§ 12506

Amended by Stats. 2016, Ch. 339, Sec. 7. (SB 838) Effective September 13, 2016.

The department may issue a temporary driver’s license to any person applying for a driver’s license, to any person applying for renewal of a driver’s license, or to any licensee whose license is required to be changed, added to, or modified. Notwithstanding paragraph (3) of subdivision (a) of Section 12805, the department may issue a temporary driver’s license to an applicant who has previously been licensed in this state or in

any other state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada, notwithstanding that the applicant has failed the written examination on the person’s first attempt.

A temporary license permits the operation of a motor vehicle upon the highways for a period of 60 days, if the licensee has the temporary license in his or her immediate possession, and while the department is completing its investigation and determination of all facts relative to the applicant’s right to receive a license. The temporary license is invalid when the applicant’s license has been issued or refused.

§ 12508

Enacted by Stats. 1959, Ch. 3.

When in the opinion of the department it would be in the interest of safety, the department may issue, in individual cases, to any applicant for a driver’s license, a license limited in duration to less than the regular term. Upon the expiration of a limited term license the department may extend its duration for an additional period without fee but the duration of the license and extensions shall not exceed the term of a regular license.

§ 12509

Amended by Stats. 2022, Ch. 295, Sec. 12. (AB 2956) Effective January 1, 2023.

(a)Except as otherwise provided in subdivision (f) of Section 12514, the department, for good cause, may issue an instruction permit to a physically and mentally qualified person who meets one of the following requirements and who applies to the department for an instruction permit:

(1)Is 15 years and 6 months of age or older, and has successfully completed approved courses in automobile driver education and driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.

(2)Is 15 years and 6 months of age or older, and has successfully completed an approved course in automobile driver education and is

taking driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.

(3)Is 15 years and 6 months of age and enrolled and participating in an integrated automobile driver education and training program as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 12814.6.

(4)Is over 16 years of age and is applying for a restricted driver’s license pursuant to Section 12814.7.

(5)Is over 17 years and 6 months of age.

(b)The applicant shall qualify for, and be issued, an instruction permit within 12 months from the date of the application.

(c)An instruction

permit issued pursuant to subdivision (a) shall entitle the applicant to operate a vehicle, subject to the limitations imposed by this section and any other provisions of law, upon the highways for a period not exceeding 24 months from the date of the application.

(d)Except as provided in Section 12814.6, a person, while having in their immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of, and paragraph (5) of, subdivision (a), may operate a motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California-licensed driver with a valid license of the appropriate class who is 18 years of age or over and whose driving privilege is not subject to probation. An accompanying licensed driver at all times shall occupy a

position within the driver’s compartment that would enable the accompanying licensed driver to assist the person in controlling the vehicle as may be necessary to avoid a collision and to provide immediate guidance in the safe operation of the vehicle.

(e)A person, while having in their immediate possession a valid permit issued pursuant to paragraph (4) of subdivision (a), may only operate a government-owned motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when taking driver training instruction administered by the California National Guard.

(f)The department may also issue an instruction permit to a person who has been issued a valid driver’s license to authorize the person to obtain driver training instruction and to practice that instruction

in order to obtain another class of driver’s license or an endorsement.

(g)The department may further restrict permits issued under subdivision (a) as it may determine to be appropriate to ensure the safe operation of a motor vehicle by the permittee.

§ 12509.5

Amended by Stats. 2019, Ch. 636, Sec. 6. (AB 1810) Effective January 1, 2020.

(a)A person shall obtain an instruction permit issued pursuant to this section before operating, or being issued a class M1 or M2 driver’s license to operate, a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor. The person shall meet the following requirements to obtain an instruction permit for purposes of this section:

(1)If age 15 years and 6 months or older, but under the age of 18 years, the applicant shall meet all of the following requirements:

(A)Have a valid class C license or complete driver education and training pursuant to paragraph (3) of subdivision (a)

of Section 12814.6.

(B)Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(C)Pass the motorcycle driver’s written exam.

(2)If 18 years of age or older, but under 21 years of age, the applicant shall meet both of the following requirements:

(A)Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(B)Pass the motorcycle driver’s written exam.

(3)If 21 years of age or older, pass the motorcycle driver’s written exam.

(b)A person described in paragraph (1) or (2) of subdivision (a) shall hold an instruction permit issued pursuant to this section for a minimum of six months before being issued a class M1 or M2 license.

(c)A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of

the Education Code.

(d)An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.

(e)The department may perform, during regularly scheduled computer system maintenance and upgrades, any necessary software updates related to the changes made by the addition, during the 2009–10 Regular Session, of this section.

§ 12511

Amended by Stats. 1988, Ch. 1509, Sec. 4.

No person shall have in his or her possession or otherwise under his or her control more than one driver’s license.

§ 12512

Added by Stats. 2000, Ch. 596, Sec. 6. Effective January 1, 2001.

Except as provided in Sections 12513, 12514, and 12814.6, no license to drive shall be issued to a person under the age of 18 years.

§ 12513

Amended by Stats. 1969, Ch. 947, Sec. 1.

(a)Upon application, successful completion of tests and compliance with Sections 17700 to 17705, inclusive, the department may issue a junior permit to any person 14 years of age, but less than 18, who establishes eligibility as required by this section. A person is eligible when, in the opinion of the department, any one or more of the following circumstances exist:

School or other transportation facilities are inadequate for regular attendance at school and at activities authorized by

the school. The application for a junior permit shall be accompanied by a signed statement from the school principal verifying such facts. A junior permit issued under this subsection shall be restricted to operating a vehicle from residence to the school and return.

Reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary due to illness of a family member. The application shall be accompanied by a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the emergency.

Transportation facilities are inadequate, and use of a motor vehicle is necessary in the transportation to and from the employment of the applicant and the applicant’s income from such employment is essential in the support of the family, or where the applicant’s operation of a motor vehicle is essential to an

enterprise from which an appreciable portion of the income of the family will be derived. The application shall be accompanied by a signed statement from the parents or the guardian, setting forth the reasons a permit is necessary under this subsection.

(b)The existence of public transportation at reasonable intervals within one mile of the residence of the applicant may be considered adequate grounds for refusal of a junior permit.

(c)The department shall impose restrictions upon junior permits appropriate to the conditions and area under which they are intended to be used.

§ 12514

Amended by Stats. 2000, Ch. 1035, Sec. 15. Effective January 1, 2001.

(a)Junior permits issued pursuant to Section 12513 shall not be valid for a period exceeding that established on the original request as the approximate date the minor’s operation of a vehicle will no longer be necessary. In any event, no permit shall be valid on or after the 18th birthday of the applicant.

(b)The department may revoke any permit when to do so is necessary for the welfare of the minor or in the

interests of safety.

(c)If conditions or location of residence, which required the minor’s operation of a vehicle, change prior to expiration of the permit, the department may cancel the permit.

(d)Upon a determination that the permittee has operated a vehicle in violation of restrictions, the department shall revoke the permit.

(e)A junior permit is a form of driver’s license that shall include all information required by subdivision (a) of Section 12811 except for an engraved picture or photograph of the permittee, and is subject to all provisions of this code applying to driver’s licenses, except as otherwise provided in this section and Section 12513.

(f)An instruction permit valid for a period of not more than six months may be issued after

eligibility has been established under Section 12513.

(g)The department shall cancel any permit six months from the date of issuance unless the permittee has complied with one of the conditions prescribed by paragraph (3) of subdivision (a) of Section 12814.6.

§ 12515

Amended by Stats. 1988, Ch. 1509, Sec. 5.

(a)No person under the age of 18 years shall be employed for compensation by another for the purpose of driving a motor vehicle on the highways.

(b)No person under the age of 21 years shall be employed for compensation by another to drive, and no person under the age of 21 years may drive a motor vehicle, as defined in Section 34500 or subdivision (b) of Section 15210, that is engaged in interstate commerce, or any motor vehicle that is engaged in the interstate or

intrastate transportation of hazardous material, as defined in Section 353.

§ 12516

Enacted by Stats. 1959, Ch. 3.

It is unlawful for any person under the age of 18 years to drive a school bus transporting pupils to or from school.

§ 12517

Amended by Stats. 2006, Ch. 574, Sec. 7. Effective January 1, 2007.

(a)(1) A person may not operate a schoolbus while transporting pupils unless that person has in his or her immediate possession a valid driver’s license for the appropriate class of vehicle to be driven endorsed for schoolbus and passenger transportation.

(2)When transporting one or more pupils at or below the 12th-grade level to or from a public or private school or to or from public or private

school activities, the person described in paragraph (1) shall have in his or her immediate possession a certificate issued by the department to permit the operation of a schoolbus.

(b)A person may not operate a school pupil activity bus unless that person has in his or her immediate possession a valid driver’s license for the appropriate class of vehicle to be driven endorsed for passenger transportation. When transporting one or more pupils at or below the 12th-grade level to or from public or private school activities, the person shall also have in his or her immediate possession a certificate issued by the department to permit the operation of school pupil activity buses.

(c)The applicant for a certificate to operate a schoolbus or school pupil activity bus shall meet the eligibility and training requirements specified for schoolbus and school pupil activity busdrivers in

this code, the Education Code, and regulations adopted by the Department of the California Highway Patrol, and, in addition to the fee authorized in Section 2427, shall pay a fee of twenty-five dollars ($25) with the application for issuance of an original certificate, and a fee of twelve dollars ($12) for the renewal of that certificate.

§ 12517.1

Repealed (in Sec. 23) and added by Stats. 2015, Ch. 451, Sec. 24. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.

(a)A “schoolbus accident” means any of the following:

(1)A motor vehicle accident resulting in property damage in excess of one thousand dollars ($1,000), or personal injury, on public or private property, and involving a schoolbus, youth bus, school pupil activity bus, or general public paratransit vehicle transporting a pupil.

(2)A collision between a vehicle and a pupil or a schoolbus driver while the pupil or driver is crossing the highway when the schoolbus flashing red signal lamps are required to be operated pursuant to Section 22112 or when the schoolbus is stopped for the purpose of loading or unloading pupils.

(3)Injury of a pupil inside a vehicle described in paragraph (1) as a result of acceleration, deceleration, or other movement of the vehicle.

(b)The Department of the California Highway Patrol shall investigate all schoolbus accidents, except that accidents involving only property damage and occurring entirely on private property shall be investigated only if they involve a violation of this code.

(c)This section shall become operative on January 1,

2017.

§ 12517.2

Amended by Stats. 2013, Ch. 160, Sec. 1. (AB 722) Effective January 1, 2014.

(a)Applicants for an original or renewal certificate to drive a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle shall submit a report of a medical examination of the applicant given not more than two years prior to the date of the application by a physician licensed to practice medicine, a licensed advanced practice registered nurse qualified to

perform a medical examination, a licensed physician assistant, or a licensed doctor of chiropractic listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation, as published by the notice in the Federal Register, Volume 77, Number 77, Friday, April 20, 2012, on pages 24104 to 24135, inclusive, and pursuant to Section 391.42 of Title 49 of the Code of Federal Regulations. The report shall be on a form approved by the department.

(b)Schoolbus drivers, within the same month of reaching 65 years of age and each 12th month thereafter, shall undergo a medical examination, pursuant to Section 12804.9, and shall submit a report of that medical examination on a form as specified in subdivision (a).

§ 12517.3

Amended by Stats. 2006, Ch. 311, Sec. 7. Effective January 1, 2007.

(a)(1) An applicant for an original certificate to drive a schoolbus, school pupil activity bus, youth bus, or general public paratransit vehicle shall be fingerprinted by the Department of the California Highway Patrol, on a form provided or approved by the Department of the California Highway Patrol for submission to the Department of Justice, utilizing the Applicant Expedite Service or an electronic fingerprinting system.

(2)An applicant fingerprint form shall be processed and returned to the office of the Department of the California Highway Patrol from which it originated not later than 15 working days from the date on which the fingerprint form was received by the Department of Justice, unless circumstances, other than the administrative duties of the Department of Justice, warrant further investigation.

(3)Applicant fingerprints that are submitted by utilizing an electronic fingerprinting system shall be processed and returned to the appropriate office of the Department of the California Highway Patrol within three working days.

(4)The commissioner may utilize the California Law Enforcement Telecommunications System to conduct a preliminary criminal and driver history check to determine an applicant’s eligibility to hold an

original or renewal certificate to drive a schoolbus, school pupil activity bus, youth bus, or general public paratransit vehicle.

(b)(1) Notwithstanding subdivision (a), an applicant for an original certificate to drive a schoolbus, school pupil activity bus, youth bus, or general public paratransit vehicle may be fingerprinted by a public law enforcement agency, a school district, or a county office of education utilizing an electronic fingerprinting system with terminals managed by the Department of Justice.

(2)The Department of Justice shall provide the fingerprint information processed pursuant to this subdivision to the appropriate office of the Department of the California Highway Patrol within three working days of receipt of the information.

(3)An applicant for an original

certificate to drive an ambulance shall submit a completed fingerprint card to the department.

§ 12517.4