Article 3 - Issuance and Renewal of Licenses

California Vehicle Code — §§ 12800-12819

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Sections (54)

Current Version

Amended (as added by Stats. 2017, Ch. 853, Sec. 16) by Stats. 2022, Ch. 969, Sec. 1. (AB 2594) Effective January 1, 2023. Section operative January 1, 2019, by its own provisions, if a judicial determination as described in subd. (n) has not taken effect. Conditionally inoperative as provided in subd. (n). If a judicial determination as described in subd. (n) takes effect on or after January 1, 2019, see the later operative section amended by Sec. 2 of Stats. 2022, of Ch. 969.

Each application for an original or a renewal of a driver’s license shall contain all of the following information:

(a)(1) The applicant’s true full name, age, gender category, mailing address, residence address, and, except as provided in Section 12801, social security account number.

(2)The applicant shall choose their gender category of female, male, or nonbinary.

(3)The department shall not require documentation for an original driver’s license applicant’s initial choice of a gender category or a licensed applicant’s request for an amendment to a gender category other than the following:

(A)The applicant’s self-certification of their chosen gender category.

(B)Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.

(b)A brief description of the applicant for the purpose of identification.

(c)A legible print of the thumb or finger of the applicant.

(d)The type of motor vehicle or combination of vehicles the applicant desires to operate.

(e)Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license has been suspended or revoked

and, if so, the date of and reason for the suspension or revocation.

(f)Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.

(g)Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects the applicant’s ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.

(h)Whether the applicant understands traffic signs and signals.

(i)Whether the applicant has ever previously been issued an

identification card by the department.

(j)Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.

(k)(1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.

(2)The information described in paragraph (1) shall be given to the person orally if the driver’s license application or renewal is done in person.

(l)The department shall adopt regulations to provide a process for an amendment to a gender category.

(m)This section shall become operative on January 1, 2019.

(n)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its internet website.

Future Version

Amended (as amended by Stats. 2021, Ch. 254, Sec. 4) by Stats. 2022, Ch. 969, Sec. 2. (AB 2594) Effective January 1, 2023. This section, pursuant to its own provisions, becomes operative if a judicial determination as described in subd. (m) has taken effect.

Each application for an original or a renewal of a driver’s license shall contain all of the following information:

(a)(1) The applicant’s true full name, age, gender category, mailing address, residence address, and social security account number.

(2)The applicant shall choose their gender category of female, male, or nonbinary.

(A)The

applicant’s self-certification of their chosen gender category.

(B)Documentation required by this code and the California Code of Regulations as necessary to establish that an applicant is lawfully entitled to a license.

(b)A brief description of the applicant for the purpose of identification.

(c)A legible print of the thumb or finger of the applicant, which has been confirmed by the department to be on file prior to issuance of a driver’s license.

(d)The type of motor vehicle or combination of vehicles the applicant desires to operate.

(e)Whether the applicant has ever previously been licensed as a driver and, if so, when and in what state or country and whether or not the license

has been suspended or revoked and, if so, the date of and reason for the suspension or revocation.

(f)Whether the applicant has ever previously been refused a driver’s license in this state and, if so, the date of and the reason for the refusal.

(g)Whether the applicant, within the last three years, has experienced, on one or more occasions, either a lapse of consciousness or an episode of marked confusion caused by a condition that may bring about recurrent lapses, or whether the applicant has a disease, disorder, or disability that affects their ability to exercise reasonable and ordinary control in operating a motor vehicle upon a highway.

(h)Whether the applicant understands traffic signs and signals.

(i)Whether the applicant has ever previously

been issued an identification card by the department.

(j)Any other information that is necessary to enable the department to determine whether the applicant is entitled to a license under this code.

(k)(1) Commencing January 1, 2027, a statement informing the person that they may also need to change their address for purposes of their vehicle registration.

(2)The information described in paragraph (1) shall be given to the person orally if the driver’s license application or renewal is done in person.

(l)The department shall adopt regulations to provide a process for an amendment to a gender category.

(m)This section shall become operative on the effective

date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its internet website.

§ 12800.5

Current Version

Amended by Stats. 2022, Ch. 482, Sec. 7. (AB 1766) Effective January 1, 2023. Conditionally inoperative as prescribed by its own provisions. Repealed conditionally by its own provisions. See later operative version added by Sec. 8 of Stats. 2022, Ch. 482.

(a)(1) A license shall bear a fullface engraved picture or photograph of the licensee.

a private business entity that contracts with the department for the production of driver’s licenses and identification cards, if the contract prohibits the unauthorized use and disclosure of the information.

(b)(1) A license, including a temporary license issued pursuant to Section 12506, shall bear the following notice: “This license is issued as a license to drive a motor vehicle; it does not establish eligibility for employment, voter registration, or public benefits.”

(2)In the next scheduled revision of the driver’s license on or after January 1, 2023, the notice specified in paragraph (1) shall be replaced by the

following notice requirement:

(A)A Real ID driver’s license, as described in Section 681, shall bear a notice including, but not limited to, that the license is issued as a license to drive a motor vehicle, and that it does not establish eligibility for employment, voter registration, or public benefits.

(B)A driver’s license that is not a Real ID driver’s license, as described in Section 681, shall bear a notice including, but not limited to, that the license is issued as a license to drive a motor vehicle, it does not establish eligibility for employment, firearms purchases, voter registration, or public benefits, and that it is not acceptable for official federal purposes.

(c)The department may demand proof of age prior to the issuance of a license.

(d)This section shall become inoperative on the date the department notifies the Legislature that the driver’s license has been revised to include the notices specified in subparagraphs (A) and (B) of paragraph (2) of subdivision (b), and is repealed on January 1 of the following year.

Future Version

Repealed (in Sec. 7) and added by Stats. 2022, Ch. 482, Sec. 8. (AB 1766) Effective January 1, 2023. Section conditionally operative by its own provisions.

(a)(1) A license shall bear a fullface engraved picture or photograph of the licensee.

(2)Notwithstanding any other law, the department shall not, unless requested by the licensee, distribute or sell the licensee’s picture or photograph or any information pertaining to the licensee’s physical characteristics to any private individual, other than the licensee, or to any firm, copartnership, association, or corporation. This paragraph does not apply to a private business entity that contracts with the department for the production of driver’s licenses and identification cards, if the contract prohibits the unauthorized use and disclosure of the information.

(b)(1) A Real ID driver’s license, as described in Section 681, shall bear a notice including, but not limited to, that the license is issued as a license to drive a motor vehicle, and that it does not establish eligibility for employment, voter registration, or public benefits.

(2)A driver’s license that is not a Real ID driver’s license, as described in Section 681, shall bear a notice including, but not limited to, that the license is issued as a license to drive a motor vehicle, it does not establish eligibility for employment, firearms purchases, voter registration, or public benefits, and that it is not acceptable for official federal purposes.

(c)The department may demand proof of age prior to the issuance of a license.

(d)This section shall become operative on the date

the department notifies the Legislature that the driver’s license has been revised to include the notices specified in subdivision (b).

§ 12800.6

Added by Stats. 2022, Ch. 332, Sec. 4. (AB 2537) Effective January 1, 2023.

(a)An application for an original, renewal, or duplicate of a driver’s license shall inform the applicant of the Department of Justice’s video on proper conduct during a traffic stop created pursuant to Section 1656.1.

(b)The information

in subdivision (a) shall be included upon the next scheduled revision of the driver’s license application subsequent to the release of the Department of Justice’s video on proper conduct during a traffic stop created pursuant to Section 1656.1.

§ 12800.7

Amended by Stats. 2022, Ch. 482, Sec. 9. (AB 1766) Effective January 1, 2023.

(a)Upon application for an original, renewal, or duplicate of a driver’s license the department may require the applicant to produce any identification that it determines is necessary in order to ensure that the name of the applicant stated in the application is their true, full name and that their residence address as set forth in the application is

their true residence address.

(b)Notwithstanding any other law, any document provided by the applicant to the department for purposes of proving the applicant’s identity, true, full name, California residency, or that the applicant’s presence in the United States is authorized under federal law, is not a public record and shall not be disclosed by the department except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need if the law enforcement agency certifies in writing the specific circumstances that do not permit authorities time to obtain a court order. Immigration enforcement, as defined in Section 7284.4 of the Government Code, does not constitute an urgent health and safety need for purposes of this subdivision.

§ 12801

Current Version

Amended (as amended by Stats. 2014, Ch. 27, Sec. 6) by Stats. 2015, Ch. 303, Sec. 537. (AB 731) Effective January 1, 2016. Conditionally inoperative as provided in subd. (g). See later operative version, as amended by Sec. 171 of Stats. 2014, Ch. 71.

(a)Except as provided in subdivisions (b) and (c) and Section 12801.9, the department shall require an application for a driver’s license to contain the applicant’s social security account number and any other number or identifier determined to be appropriate by the department.

(b)An applicant who provides satisfactory proof that his or her presence in the United States is authorized under federal law, but who is not eligible for a social security account number, is eligible to receive an original driver’s license if he or she meets all other qualifications for licensure.

(c)(1) An applicant applying for a driver’s license under Section 12801.9, who has never been issued a social security account number and is not presently eligible for a social security account number, shall satisfy the requirements of this section if he or she indicates in the application described in Section 12800, in the manner prescribed by the department, that he or she has never been issued a social security account number and is not presently eligible for a social security account number.

(2)This

subdivision does not apply to applications for a commercial driver’s license. The department shall require all applications for a commercial driver’s license to include the applicant’s social security account number.

(3)This section shall not be used to consider an individual’s citizenship or immigration status as a basis for a criminal investigation, arrest, or detention.

(d)The department shall not complete an application for a driver’s license unless the applicant is in compliance with the requirements of subdivision (a), (b), or (c).

(e)Notwithstanding any other law, the social security account number collected on a driver’s license application shall not be displayed on the driver’s license, including, but not limited to, inclusion on a magnetic tape or strip used to store data on the license.

(f)This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner.

(g)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

Future Version

Amended (as added by Stats. 2013, Ch. 524, Sec. 11) by Stats. 2014, Ch. 71, Sec. 171. (SB 1304) Effective January 1, 2015. Section conditionally operative as prescribed by its own provisions.

(a)Notwithstanding any other law, the department shall require an application for a driver’s license to contain the applicant’s social security account number and any other number or identifier determined to be appropriate by the department.

(b)Notwithstanding subdivision (a), an applicant who provides satisfactory proof that his or her presence in the United States is authorized under federal

law, but who is not eligible for a social security account number, is eligible to receive an original driver’s license if he or she meets all other qualifications for licensure.

(c)Notwithstanding any other law, the social security account number collected on a driver’s license application shall not be displayed on the driver’s license, including, but not limited to, inclusion on a magnetic tape or strip used to store data on the license.

(d)This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

§ 12801.10

Added by Stats. 2013, Ch. 524, Sec. 16. (AB 60) Effective January 1, 2014. Section operative January 1, 2015, or sooner, as provided in subd. (m). Conditionally inoperative as provided in subd. (n).

(a)Nothing in Section 1653.5, 12800, 12801, 12801.5, or 12801.9 authorizes an individual to apply for, or be issued, a commercial driver’s license without the submission of his or her social security account number upon application.

(b)This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner.

(c)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

§ 12801.11

Added by Stats. 2013, Ch. 524, Sec. 17. (AB 60) Effective January 1, 2014. Conditionally inoperative as prescribed by its own provisions.

(a)If the director determines that the department is prepared to begin issuing driver’s licenses pursuant to Section 12801.9 on a date sooner than January 1, 2015, the director shall execute a declaration stating that determination and date and, within five business days, provide a copy of that declaration to

the appropriate fiscal and policy committees of the Legislature and to the Governor, and shall post this information on its Internet Web site.

(b)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

§ 12801.2

Added by Stats. 2014, Ch. 447, Sec. 1. (AB 852) Effective January 1, 2015.

(a)A person shall not receive financial compensation for the sole purpose of filling out an original driver’s license application for another person.

(b)A person in violation of this section is subject to a civil penalty of not more than two thousand five hundred dollars ($2,500) for each offense. Actions for relief pursuant to this section

may be commenced in a court of competent jurisdiction by the Attorney General, or by the district attorney, county counsel, or city attorney of the location in which the violation occurred.

(c)Section 40000.1 does not apply to a violation of this section.

§ 12801.5

Current Version

Added by Stats. 2015, Ch. 708, Sec. 2. (AB 1465) Effective January 1, 2016. Pursuant to subd. (h), this version becomes operative on July 1, 2016, only if a judicial determination as described in subd. (i) has not taken effect. Pursuant to subd. (i), this version becomes inoperative on the effective date of a judicial determination as described. On that date, see the later operative version added by Sec. 4 of Ch. 708.

(a)Except as provided in Section 12801.9, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.

(b)Except as provided in Section

12801.9, the department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(c)The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.

(d)The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) verifying that the applicant is a California resident and that his or her presence in the United States is authorized under federal law, (2) issuance of a temporary license pending verification of the applicant’s status, and (3) hearings to appeal a denial of a license, temporary license, or identification card.

(e)On January 10 of each year, the department shall submit a supplemental budget report to the Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.

(f)Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.

(g)The inability of an individual to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor

vehicle registration, and financial responsibility.

(h)This section shall become operative on July 1, 2016.

(i)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

Future Version

Repealed (in Sec. 3) and added by Stats. 2015, Ch. 708, Sec. 4. (AB 1465) Effective January 1, 2016. Pursuant to subd. (h), this version becomes operative on the effective date of a judicial determination as described, but not sooner than July 1, 2016, pursuant to subds. (g) and (h) in the amendment by Sec. 3 of Ch. 708.

(a)Notwithstanding any other law, the department shall require an applicant for an original driver’s license or identification card to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.

(b)The department shall not issue an original driver’s license or identification card to a person who

does not submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(c)The department shall not issue an original driver’s license or identification card to a person who does not submit satisfactory proof of California residency.

(e)On January 10 of each year, the department shall submit a supplemental budget report to the

Governor and the Legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver’s licenses and identification cards, in order for the state to request reimbursement from the federal government.

(h)This section shall become operative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.

§ 12801.6

Added by Stats. 2012, Ch. 862, Sec. 3. (AB 2189) Effective January 1, 2013.

(a)Any federal document demonstrating favorable action by the federal government for acceptance of a person into the deferred action for childhood arrivals program shall satisfy the requirements of Section 12801.5.

(b)The department may issue an original driver’s license to the person who submits proof of presence in the United States as

authorized under federal law pursuant to subdivision (a) and either a social security account number or ineligibility for a social security account number.

§ 12801.7

Amended by Stats. 2021, Ch. 296, Sec. 61. (AB 1096) Effective January 1, 2022.

(a)The department shall not issue an original driver’s license or identification card, or a renewal, duplicate, or replacement driver’s license or identification card to any person for whom the department has received notice from the United States Department of Homeland Security that the person has been determined and found by the United States Department of Homeland Security to be a deported person under Section 1252 of Title 8 of the United States Code.

(b)(1) The department shall cancel any driver’s license or identification card issued to any person identified as specified in subdivision (a).

(2)The cancellation shall become effective on the 30th day after the date the cancellation notice is mailed to the person, except as authorized under paragraph (3).

(3)The person may request a review of the intended cancellation during the 30-day period specified in paragraph (2) and, if proof is provided to show the person is legally present in the United States as authorized under federal law, the department shall rescind the cancellation.

(4)The cancellation notice shall be mailed to the person’s last known address.

(c)The department shall require an applicant for a driver’s license whose license was canceled under this section to submit satisfactory

proof that the applicant’s presence in the United States is authorized under federal law.

(d)This section shall become operative on, and apply only to persons determined and found to be a deported person who is not a citizen or national of the United States after, July 1, 1997.

§ 12801.8

Amended by Stats. 2016, Ch. 339, Sec. 8. (SB 838) Effective September 13, 2016.

(a)In the case of a legal, nonimmigrant driver’s license applicant, the department shall issue a temporary driver’s license, valid for 90 days, if the applicant has successfully completed the application and the related requirements for the issuance of a driver’s license under this code, including paragraph (1) of subdivision (a) of Section 12805. If the United States Department of Homeland Security is

unable to verify the applicant’s presence before the temporary driver’s license expires, the department shall, at least 15 days before the temporary driver’s license expires, extend the temporary driver’s license for an additional 120 days and notify the applicant by mail that the temporary driver’s license is being extended.

(b)If the department adjusts the expiration date of any driver’s license issued pursuant to this code so that the date does not exceed the expiration date of a federal document submitted pursuant to subdivision (a) of Section 12801.5, the applicant may, upon receipt of a notice of renewal of the driver’s license by the department sent prior to the expiration of the license, request an extension of the term of the driver’s license by submitting to the department satisfactory proof that the applicant’s presence in the United States has been reauthorized or extended under federal law. After verifying that the applicant’s

presence in the United States has been reauthorized or extended by federal law, the department shall adjust the expiration date of the driver’s license so that it does not exceed the expiration date of the revised federal document submitted pursuant to subdivision (a) of Section 12801.5 and complies with the related requirements of this code.

(c)The department shall establish a procedure for receiving mailed requests for the extension of driver’s licenses as described in this section.

§ 12801.9

Amended by Stats. 2023, Ch. 311, Sec. 25. (SB 883) Effective January 1, 2024. Conditionally inoperative as provided in subd. (m).

(a)(1) Notwithstanding Section 12801.5, the department shall issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if the person meets all other qualifications for licensure and provides satisfactory proof to the department of the person’s identity and California residency.

(2)Notwithstanding Section 12801.5 and commencing no later than July 1, 2027, the department shall issue an identification card to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if

the person provides satisfactory proof to the department of the person’s identity and California residency.

(b)The department shall adopt regulations to carry out the purposes of this section, including, but not limited to, procedures for (1) identifying documents acceptable for the purposes of proving identity and California residency, (2) procedures for verifying the authenticity of the documents, (3) issuance of a temporary license pending verification of any document’s authenticity, and (4) hearings to appeal a denial of a license or temporary license, or identification card.

(c)Regulations adopted for purposes of establishing the documents acceptable to prove identity and residency pursuant to subdivision (b) shall be promulgated by the department in consultation with

appropriate interested parties, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including law enforcement representatives, immigrant rights representatives, labor representatives, and other stakeholders, which may include, but are not limited to, the Department of the California Highway Patrol, the California State Sheriffs’ Association, and the California Police Chiefs Association. The department shall accept various types of documentation for this purpose, including, but not limited to, the following documents:

(1)A valid, unexpired consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid, unexpired passport from the applicant’s country of citizenship.

(2)An original birth certificate, or other proof of age, as designated by the department.

(3)A home utility bill, lease or rental agreement, or other proof of California residence, as designated by the department.

(4)The following documents, which, if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English:

(A)A marriage license or divorce certificate.

(B)A foreign federal electoral photo card issued on or after January 1, 1991.

(C)A foreign driver’s license.

(5)A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal.

(6)An official school or college transcript that includes the applicant’s date of birth or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued.

(7)A United States Department of Homeland Security Form I-20 or Form DS-2019.

(8)A deed or title to real property.

(9)A property tax bill or statement issued within the previous 12 months.

(10)An income tax

return.

(d)(1) (A) A license issued pursuant to this section shall bear the following notice: “This card is not acceptable for official federal purposes. This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits.”

(B) An identification card issued pursuant to this section shall bear the following notice: “This card is not acceptable for official federal purposes. This identification card is issued only as a means of identification. It does not establish eligibility for employment, voter registration, or public benefits.”

(2)The notice described in paragraph (1) shall be in lieu of the notice

provided in Section 12800.5.

(3)Paragraphs (1) and (2) shall become inoperative upon the department’s next scheduled revision of the driver’s license or identification card on or after January 1, 2023, at which time, a driver’s license and identification card issued pursuant to this section shall bear the notice described in Section 12800.5 or

13005.5, respectively, as added by the act that added this paragraph.

(e)Notwithstanding Section 40300 or any other law, a peace officer shall not detain or arrest a person solely on the belief that the person is an unlicensed driver, unless the officer has reasonable cause to believe the person driving is under 16 years of age.

(f)The inability to obtain a driver’s license pursuant to this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.

(g)It is a violation of law to discriminate against a person because the

person holds or presents a license or identification card issued under this section, including, but not limited to, the following:

(1)It is a violation of the Unruh Civil Rights Act (Section 51 of the Civil Code), for a business establishment to discriminate against a person because the person holds or presents a license or identification card issued under this section.

(2)(A) It is a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) for an employer or other covered person or entity, pursuant to Section 12940 of the Government Code and subdivision (v) of Section 12926 of the Government Code, to discriminate against a person because the person holds or

presents a driver’s license or identification card issued pursuant to this section, or for an employer or other covered entity to require a person to present a driver’s license, unless possessing a driver’s license is required by law or is required by the employer and the employer’s requirement is otherwise permitted by law. This section shall not be construed to limit or expand an employer’s authority to require a person to possess a driver’s license.

(B)Notwithstanding subparagraph (A), this section shall not be construed to alter an employer’s rights or obligations under Section 1324a of Title 8 of the United States Code regarding obtaining documentation evidencing identity and authorization for employment. An action taken by an employer that is required by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1324a) is not a

violation of law.

(3)It is a violation of Section 11135 of the Government Code for a state or local governmental authority, agent, or person acting on behalf of a state or local governmental authority, or a program

or activity that is funded directly or receives financial assistance from the state, to discriminate against an individual because the individual holds or presents a license or identification card issued pursuant to this section, including by notifying a law enforcement agency of the individual’s identity or that the individual carries a license or identification card issued under this section if a notification is not required by law or would not have been provided if the individual held a license issued pursuant to Section 12801 or an identification card issued pursuant to Section 13000.

(h)Driver’s license or identification card information obtained by an employer shall be treated as private and confidential, is exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of

Title 1 of the Government Code), and shall not be disclosed to any unauthorized person or used for any purpose other than to establish identity and authorization to drive, as applicable.

(i)Information collected pursuant to this section is not a public record and shall not be disclosed by the department, except as required by law.

(j)Documents provided by applicants to prove identity or residency pursuant to this section are not public records and shall not be disclosed except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need if the law enforcement agency certifies in writing the specific circumstances that do not permit authorities time to obtain a court

order. Immigration enforcement, as defined in Section 7284.4 of the Government Code, does not constitute an urgent health and safety need for purposes of this subdivision.

(k)A license or identification card issued pursuant to this section shall not be used as evidence of an individual’s citizenship or immigration status for any purpose.

(l)In addition to the fees required by Section 14902, a person applying for an identification card pursuant to this section may be required to pay an additional fee determined by the department that is sufficient to offset the reasonable administrative costs of implementing the provisions of the act that authorized the issuance of identification cards pursuant to this section. If this additional fee is assessed, it shall only apply

until June 30, 2030.

(m)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its internet website.

§ 12802

Amended by Stats. 2021, Ch. 254, Sec. 5. (AB 174) Effective September 23, 2021.

Every original application shall be signed and verified by the applicant under penalty of perjury and the applicant shall submit such evidence of age as the department may require, and, if the applicant is a minor, the application shall also be signed and verified as provided in Chapter 2 (commencing with Section 17700) of Division 9.

§ 12802.5

Amended (as amended by Stats. 1998, Ch. 118) by Stats. 1999, Ch. 22, Sec. 7. Effective May 26, 1999. Operative July 1, 1999, by Sec. 46 of Ch. 22.

Before issuing a driver’s license or permit to any person under 21 years of age, both of the following shall occur:

(a)The department shall inform the applicant of the following:

(1)It is unlawful to drive with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(2)The penalty for so driving is a one-year suspension of the driving privilege.

(3)A refusal to take, or a failure to complete, a preliminary alcohol screening test or other chemical test for the purpose of determining the level of alcohol pursuant to Section 13388 shall result in a one-year suspension of the driving privilege.

(4)The fee for reissuance of a driver’s license after suspension for a violation of Section 23136 is one hundred dollars ($100). This fee is in addition to any other fees that may be imposed by the department in connection with reissuance of a driver’s license.

(b)The applicant shall sign a statement that acknowledges that he or she has been notified of the information specified in subdivision (a).

§ 12803

Enacted by Stats. 1959, Ch. 3.

Upon application for an original license, except student licenses, the department shall require an examination of the applicant and shall make provision therefor before an officer or employee or authorized representative of the department in the county wherein the applicant resides.

§ 12804.10

Added by Stats. 2001, Ch. 658, Sec. 3. Effective October 10, 2001.

(a)Notwithstanding any other provision of law, a person issued a class C license under paragraph (3) of subdivision (b) of Section 12804.9 may drive any house car of 40 feet in length or less without obtaining a noncommercial class B driver’s license with house car endorsement as described in subdivision (b).

(b)Any person seeking to drive any house car over 40 feet in length, excluding safety devices and safety

bumpers, shall obtain a noncommercial class B driver’s license with house car endorsement as described in this subdivision. The applicant for that endorsement shall pass a specialized written examination and demonstrate the ability to exercise ordinary and reasonable control in operating that vehicle by driving it under the supervision of an examining officer. Upon satisfactory completion of the examination and demonstration, the applicant shall be issued a noncommercial class B driver’s license with house car endorsement by the department. Upon application for an endorsement to operate this vehicle, and every two years thereafter, the applicant shall submit medical information on a form approved by the department.

§ 12804.11

Amended by Stats. 2014, Ch. 97, Sec. 1. (AB 2438) Effective January 1, 2015.

(a)To operate firefighting equipment, a driver, including a tiller operator, is required to do either of the following:

(1)Obtain and maintain a firefighter endorsement issued by the department and obtain and maintain a class C license as described in Section 12804.9, a restricted class A license as described in Section 12804.12, or a

noncommercial class B license as described in Section 12804.10.

(2)Obtain and maintain a class A or B license as described in Section 12804.9 and, as appropriate, for the size and configuration of the firefighting equipment operated.

(b)To qualify for a firefighter endorsement the driver shall do all of the following:

(1)(A) Provide to the department proof of current employment as a firefighter or registration as a volunteer firefighter with a fire department and evidence of fire equipment operation training by providing a letter or other indication from the chief of the fire department or his or her designee.

(B)For purposes of this section, evidence of fire equipment operation training means the applicant has successfully

completed Fire Apparatus Driver/Operator 1A taught by an instructor registered with the Office of the State Fire Marshal or fire department driver training that meets all of the following requirements:

(i)Meets or exceeds the standards outlined in NFPA 1002, Chapter 4 (2008 version) or the Fire Apparatus Driver/Operator 1A course adopted by the Office of the State Fire Marshal.

(ii) Prepares the applicant to safely operate the department’s fire equipment that the applicant will be authorized to operate.

(iii) Includes a classroom (cognitive) portion of at least 16 hours.

(iv) Includes a manipulative portion of at least 14 hours, which includes directly supervised behind-the-wheel driver training.

(C) Driver training shall be conducted by a person who is registered with the Office of the State Fire Marshal to instruct a Fire Apparatus Driver/Operator 1A course or a person who meets all of the following criteria:

(i)Possesses a minimum of five years of fire service experience as an emergency vehicle operator, three of which must be at the rank of engineer or higher.

(ii) Possesses a valid California class A or B license or a class A or B license restricted to the operation of firefighting equipment or a class C license with a firefighter endorsement.

(iii) Is certified as a qualified training instructor or training officer by the State of California, the federal government, or a county training officers’ association.

(2)Pass the

written firefighter examination developed by the department with the cooperation of the Office of the State Fire Marshal.

(3)Upon application and every two years thereafter, submit medical information on a form approved by the department.

(c)There shall be no additional charge for adding a firefighter endorsement to an original license or when renewing a license. To add a firefighter endorsement to an existing license when not renewing the license, the applicant shall pay the fee for a duplicate license pursuant to Section 14901.

(d)(1) A driver of firefighting equipment is subject to the requirements of subdivision (a) if both of the following conditions exist:

(A) The equipment is operated by a person employed as a firefighter

by a federal or state agency, by a regularly organized fire department of a city, county, city and county, or district, or by a tribal fire department or registered as a volunteer member of a regularly organized fire department having official recognition of the city, county, city and county, or district in which the department is located, or of a tribal fire department.

(B) The motor vehicle is used to travel to and from the scene of an emergency situation, or to transport equipment used in the control of an emergency situation, and which is owned, leased, or rented by, or under the exclusive control of, a federal or state agency, a regularly organized fire department of a city, county, city and county, or district, a volunteer fire department having official recognition of the city, county, city and county, or district in which the department is located, or a tribal fire department.

(2)A driver of firefighting equipment is not required to obtain and maintain a firefighter endorsement pursuant to paragraph (1) of subdivision (a) if the driver is operating the firefighting equipment for training purposes, during a nonemergency, while under the direct supervision of a fire department employee who is properly licensed to operate the equipment and is authorized by the fire department to provide training.

(e)For purposes of this section, a tiller operator is the driver of the rear free-axle portion of a ladder truck.

(f)For purposes of this section, “firefighting equipment” means a motor vehicle, that meets the definition of a class A or class B vehicle described in subdivision (b) of Section 12804.9, that is used to travel to and from the scene of an emergency situation, or to transport equipment used in the control of an emergency situation, and

that is owned, leased, or rented by, or under the exclusive control of, a federal or state agency, a regularly organized fire department of a city, county, city and county, or district, or a volunteer fire department having official recognition of the city, county, city and county, or district in which the department is located.

(g)Notwithstanding paragraph (1) of subdivision (a), a regularly organized fire department, having official recognition of the city, county, city and county, or district in which the department is located, may require an employee or a volunteer of the fire department who is a driver or operator of firefighting equipment to hold a class A or B license.

(h)This section applies to a person hired by a fire department, or to a person renewing a driver’s license, on or after January 1, 2011.

§ 12804.12

Current Version

Amended by Stats. 2021, Ch. 610, Sec. 3. (SB 287) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. See later operative version as added by Sec. 4 of Stats. 2021, Ch. 610.

(a)The department may issue a restricted class A driver’s license for the operation of any two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach exceeding 10,000 pounds gross vehicle weight rating, or a fifth-wheel travel trailer exceeding 15,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.

(b)In lieu of a report of a medical examination required by Section 12804.9, an applicant for a restricted license issued pursuant to subdivision (a) shall, upon application and every two years thereafter, submit medical information on a form approved by the department.

(c)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Future Version

Repealed (in Sec. 3) and added by Stats. 2021, Ch. 610, Sec. 4. (SB 287) Effective January 1, 2022. Operative January 1, 2027, by its own provisions.

(a)The department may issue a restricted class A driver’s license for the operation of a vehicle towing a trailer if all of the following conditions are met:

(1)The towing of the trailer is not for compensation or commercial purposes.

(2)The trailer has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.

(3)The trailer is used exclusively for recreational purposes.

(4)The trailer is used for the transportation of property or human habitation, or

both.

(c)This section shall become operative on January 1, 2027.

§ 12804.14

Amended by Stats. 1996, Ch. 10, Sec. 14. Effective February 9, 1996.

(a)The department may issue a restricted class A driver’s license for the operation of any two-axle vehicle weighing 4,000 pounds or more unladen when towing a livestock trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds gross vehicle weight rating or gross vehicle weight, if all of the following conditions are met:

(1)The vehicle is controlled and operated by a farmer.

(2)The vehicle is used to transport livestock to or from a farm.

(3)The vehicle is not used in the operations of a common or contract carrier.

(4)The vehicle is used within 150 miles of the person’s farm.

(b)The requirements of subdivision (a) incorporate the guidelines published by the Federal Highway Administration in the Federal Register on September 26, 1988 (53 FR 37313). The department shall follow those guidelines in acting pursuant to this section as those guidelines now exist and as they are hereafter amended.

(c)In lieu of a report of a medical examination required by Sections 12804 and 12804.9, a licensed California driver applying for a restricted license issued pursuant to

subdivision (a) shall, upon application and every two years thereafter, submit medical information on a form approved by the department.

§ 12804.15