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Transportation – Vehicle Code Violations

The Employer Pull Notice Program

The Employer Pull Notice (EPN) Program was established to provide employers and regulatory agencies with a means of promoting driver safety through the ongoing review of driver records.

An employer enrolled in the EPN program is assigned a requester code. The requester code is added to an employee’s driver license (DL) record. When an employee’s DL is updated to record an action/activity, a check is made electronically to determine if a pull notice is on file. If the action/activity is one that is specified to be reported under the EPN program, a driver record is generated and mailed to that employer.

The EPN program allows an organization to monitor DL records of employees who drive on Palomar College’s behalf. This monitoring accomplishes the following:

  • Improves public safety.
  • Determines if each driver has a valid DL.
  • Reveals problem drivers or driving behavior.
  • Helps to minimize the District’s liability.

The EPN program automatically generates a driver record when any of the following actions/activities occurs:

  • Upon enrollment of driver in the EPN program.
  • Annual from the date of enrollment or 12 months from the last action/activity printout
  • When a driver has any of the following actions/activities added to his/her driver record:
    • Convictions
    • Failures to Appear
    • Accidents
    • Driver License Suspensions or Revocations
    • Any other actions taken against the driving privilege

Required to Enroll

Employers must enroll any driver employed for the operation of any vehicle, if the driver is required to have any of the following:

  • Class A (formerly known as Class 1) or
  • Class B (formerly known as Class 2) license.
  • Class C (formerly known as Class 3) with Hazardous Materials Endorsement.
  • Class C (formerly known as Class 3) with Special Certificates, issued pursuant to CVC Section 2512, 12517, 12519, 12520, or 12523.5
  • Any driver of a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers.
  • Passenger stage corporation with a certificate of public convenience and necessity or permit issued by PUC.

Starting January 31, 2005, new federal regulations require a person who is applying for a California commercial driver license with an original Hazardous Materials (HazMat) endorsement to undergo a security threat assessment. The USA Patriot Act requires the Transportation Security Administration (TSA) to complete a security threat assessment (background records check) before the Department of Motor Vehicles issues a HazMat endorsement.

Employer Responsibility

In order for the EPN program to maintain accurate record information, it is imperative that the Facilities Office notify the department in a timely manner whenever changes occur to their EPN account. Such changes include:

  • Termination of enrolled drivers pursuant to CVC 1808.1(d)
  • Address Changes (mailing & physical)
  • Change of Ownership (corporate officers, partners)
  • Employment Changes (new driver, termination of drivers)
  • Change of Federal Employer Identification Number (FEIN)
  • Change of Telephone Number
  • Close of Business
  • Mergers
  • Sale of Business
  • Company Name Change
  • Account Contact Person Change

Retention of Driver Record Information Reported Information and Reporting Periods

The Department of Motor Vehicles (DMV) has modified the reporting period of certain driver record information in an effort to provide the same public record information to all entitled requesters.

DMV’s statutory authority for retaining and reporting driver record information is in Vehicle Code (VC) §§1807 and 1808.

If you need assistance, please contact your local DMV office.

Accidents

Accidents will be reported for 3 years from the accident date. If an accident was reported by law enforcement and the record contains a commercial vehicle or hazardous materials indicator, the accident will be reported for 10 years from the accident date.

Abstracts of Conviction

Most violations designated as two points will be reported for 10 years from the violation date. All other convictions of traffic violations will be reported for 3 years from violation date.

Violations occurring in a commercial vehicle which are the basis for an action under VC §§ 15300a, 15300b, 15302, 15304, and 15306 will be reported for 55 years from the conviction date.* Driving Under the Influence (DUI) convictions will be reported for ten years on an out-of-house/public driving record. (Effective 1/1/07)

Actions* Against Certificates or License Endorsements

Actions against certificates or endorsements will be reported from 1 to 12 years. The reason for taking the action will determine the length of reporting.

Admin Per Se

Admin Per Se actions will report for three years from the reinstatement date*, through date*, act-term date, or term date whichever is earliest. If the dates above are not present, the action reports for 10 years from last contact.

Civil Judgment Actions

Civil judgment actions will report for 3 years from the proof termination date* or the reinstatement date*, whichever is earlier.

Commercial Disqualifications

Commercial disqualifications for the following Vehicle Code Sections will be reported up to 3 years from termination date or lifetime (55 years).

  • VC §§15300a, 15300b, 15306, 15308, and 15311 will be reported for three years from the date the action is ended.
  • VC §§15302 and 15304 will be reported up to 55 years (lifetime) from the effective date.

DUI Actions

An action taken against your driving privilege because of a Driving Under the Influence (DUI) conviction will be reported for 3 years from the proof termination date, thru date, action termination date, or the reinstatement date, whichever is earlier.

FR Actions

An action taken against your driving privilege because you failed to provide proof* of financial responsibility (FR) will be reported for 3 years from the proof termination date or the reinstatement date, whichever is earlier.

FTAs and FTPs

FTAs for DUI offenses will be reported for 10 years from the violation date. All other FTAs and FTPs (VC §12808c) will be reported for 5 years from the violation date.

Negligent Operator/Provisional Licensing Actions

Actions taken against your driving privilege because you are considered a negligent operator or while you hold a provisional license will be reported for three years from the:

  • 3 years from proof termination date, if proof is required.
  • 3 years from thru term date*, if no proof is required.

Physical or Mental Actions**

An action taken against your driving privilege because of a physical or mental condition will be reported for the following periods:

  • If the action is still in effect, it will be reported for 10 years from last contact.
  • If the action has been ended, it will be reported for three years from the termination date.

Sealed, Dismissed, or FTA* Recall Abstracts

  • Abstract sealed—Reported to insurance companies who have DMV requester codes. A driver may also request this information.
  • Dismissal based on traffic school attendance (VC §§1803.5 and 1808.7) —Reports second dismissal in 18-month period.
  • FTA Recall—Reports for 18 months from the dismissal date.

Glossary of Terms

Abstract: Court document.

Action: Having your driving privilege, certificate, or endorsement cancelled, suspended, revoked, or restricted.

Conviction Date: The date the court gave a ruling on the case, as reflected on the abstract of conviction.

FTA: Failure to appear in court as promised.

FTP: Failure to pay fine.

Proof: Refers to proof of insurance filed with DMV by an owner and/or driver.

Proof Termination Date: The date the action and the insurance filing (proof) are ended.
(VC §16480a2)

Reinstatement Date: The date the driving privilege is returned to its former status.

Through (Thru) Term Date: The date the action period is over.

Violation Date: The date the violation occurred, as reflected on the FTA, FTP, or abstract of conviction.

Vehicle Code Violations

Convictions that occur while you are driving a commercial vehicle or as a holder of a commercial driver license are retained on your driving record as listed below:

  • Major violations and disqualification actions, 55 years
  • Out-of-service violations and disqualification actions, 15 years
  • Accidents, serious violations and disqualification actions, 10 years
  • Railroad grade crossings and disqualification actions, 4 years
  • Minor convictions, 3 years

A traffic conviction for driving unsafely counts as one point.

Any accident you contributed to or were responsible or at fault for, is normally counted as one point.

If you are convicted of reckless driving, driving under the influence of alcohol and/or drugs, or of a hit-and-run, you are charged two points.

  • Effective January 1, 2009, it is unlawful for a person who is on DUI probation to operate a motor vehicle at any time when his/her BAC is .01% or greater. Violation(s) of this law will result in suspension or revocation of his/her driving privilege, depending on the infractions listed on his/her driving records. With the implementation of these laws, many lives will be saved from car accidents caused by distracted drivers or repeat DUI offenders.

If you get too many points, you lose your privilege to drive.  You are considered a negligent operator of a commercial motor vehicle when your driving record shows the following point counts:

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

You may be entitled to a higher point count (6, 8, or 10 points) if you request and appear for a hearing and if 4, 6 or 8 points were not obtained in a Class C vehicle.

A violation received in a commercial vehicle carries one and one-half times the point count.  A Class A or B driver who does not have a special certificate or an endorsement may be allowed two additional points before being considered a negligent operator.

Convictions reported by other states are added to your driving record and may result in license sanctions.  If you have an out-of-state CDL, any conviction while operating in California will be reported to your home state.

NOTE: Commercial drivers may not attend a traffic violator school to have an offense dismissed for any traffic violation (VC $42005©)).

Common California Vehicle Code Violations Used In Negligent Operator Counts: http://www.dmv.ca.gov/dl/vioptct.htm

Negligent Operator Treatment Systems (NOTS)

The Negligent Operator Treatment System (NOTS) is based on negligent operator points and consists of a computer generated series of warning letters and progressive sanctions against the driving privilege.

NOTS affects California drivers eighteen years of age and older.

NOTS actions are based on the number of negligent operator “points” drivers add to their driving record within specified time periods. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of responsible collisions from law enforcement which indicate that the driver contributed, was at fault, or was responsible to any degree or in any amount for the collision. The initial reporting of the responsibility for a collision by law enforcement can be refuted by credible evidence presented by the driver at an administrative hearing. The department shall consider all evidence submitted in reaching a final determination with regard to the driver’s negligent operator status.

NOTS ACTIONS

NOTS warning letters and orders consist of four levels of actions based on the following criteria:

Level I (Warning Letter)

A warning letter is generated based on the following:

Point Count Time Period
2 Within 12 months
4 Within 24 months
6 Within 36 months

A warning letter may also be sent to a driver when a major conviction is added to the driving record.

Level II (Notice of Intent to Suspend)

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

Point Count Time Period
3 Within 12 months
5 Within 24 months
7 Within 36 months

A notice may also be sent to a driver when a major conviction is added to the driving record.

Level III (Probation/Suspension)

The driving privilege will be suspended and an Order of Probation/Suspension will be sent to the driver under the following conditions:

Point Count Time Period
4 Within 12 months
6 Within 24 months
8 Within 36 months

Under 12810.5 Vehicle Code, the driver is presumed to be a “prima facie” negligent operator. Prima facie evidence is evidence sufficient to establish a given fact and which, if not rebutted or contradicted, will remain sufficient.

The action is a one year probation which includes a six month suspension which run concurrently. The action is effective 34 days from the date the order is mailed.

Violation or Collision During a Period of Suspension While on a NOTS Probation.

An additional six month suspension will be imposed and the probation will be extended for one year from the violation of probation if the following occurs while the driving privilege is suspended:

  • the driver receives any violation while operating a motor vehicle,
    OR
  • the driver is involved in a collision regardless of fault.

Level IV (Violation of NOTS Probation)

The driving privilege will be suspended and a NOTS Violation of Probation Order will be sent to the driver if any of the following occur:

  • Any violation or collision occurs during a suspension.
  • Any one or two point violation or responsible collision occurs during a probation period.
  • Any Failure To Appear (FTA) or Failure to Pay (FTP) violation during the probation period.
  • A driver under the age of eighteen years violates provisional probation because of a responsible collision, an FTA or FTP, or any other reportable violation.
First and Second Violation of Probation

The suspension period for a first or second violation of probation is six months. The probation period will also be extended for one year from the date of the violation.

Third Violation(s) of Probation

Upon a third violation of probation, a one year revocation of the driving privilege is imposed.

NOTS HEARINGS

Purpose:

The purpose of the NOTS hearing is to consider the driver’s record, including mitigating and aggravating circumstances, decide whether the driver should be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed. The driver must be given the opportunity to produce evidence and testify in detail regarding his/her driver record. The hearing action must be supported by a preponderance of evidence.

Scope of NOTS Hearing

The scope of a NOTS hearing is limited to the following:

  • Correctness of driver record.
  • If there are any pending court charges, collisions or convictions not shown on the record (which will not be used as the basis for an action, but may reflect whether the driver has a negligent pattern of driving).
  • If the driver is responsible for collisions on the driver record.
  • Alcohol consumption related to major violations and collisions when indicated by the record.
  • Any mitigating/aggravating factors.
  • Physical and Mental conditions related to the driving record.