BILL NUMBER: SB 1758 CHAPTERED 09/30/94 BILL TEXT CHAPTER 1221 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1994 APPROVED BY GOVERNOR SEPTEMBER 30, 1994 PASSED THE SENATE AUGUST 31, 1994 PASSED THE ASSEMBLY AUGUST 30, 1994 AMENDED IN ASSEMBLY AUGUST 29, 1994 AMENDED IN ASSEMBLY AUGUST 25, 1994 AMENDED IN ASSEMBLY AUGUST 8, 1994 AMENDED IN ASSEMBLY JUNE 21, 1994 AMENDED IN SENATE MAY 5, 1994 AMENDED IN SENATE APRIL 14, 1994 INTRODUCED BY Senator Kopp (Coauthors: Senators Alquist and Boatwright) (Coauthors: Assembly Members Bornstein, Conroy, Harvey, O' Connell, Rainey, and Richter) FEBRUARY 24, 1994 An act to amend Sections 1653.5, 4150, 4150.2, 4604, 5014, 5031, 5902, 13353.7, 14601.5, 14906, 22651, 38040, 38041, 38120, 38205, and 40000.11 of, and to add Sections 13106, 13351.5, 14602.6, and 14604 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1758, Kopp. Vehicles. (1) Existing law requires every form prescribed by the Department of Motor Vehicles for use by an applicant for the issuance, renewal, or transfer of the registration of, or certificate of title to, a motor vehicle to contain a section for the applicant's social security number. Any person who submits one of the specified forms to the department is required to furnish his or her social security number in the space provided. This bill would, instead, require the application forms to contain a section for the applicant's driver's license or identification card number and would require the applicant to furnish the appropriate number in the space provided. The bill would require the department to provide a space for the applicant's driver's license or identification card number, and would require that number, if any, to be furnished by the applicant, in connection with other specified vehicle registration transactions. (2) Existing law authorizes the court or the Department of Motor Vehicles, under specified circumstances, to revoke or suspend a person's driver's license. This bill would require the department, whenever a person's driver's license is suspended or revoked, to notify the person by certified mail, return receipt requested, as specified, of that action and of the effective date thereof, except as specified. (3) Existing law requires the Department of Motor Vehicles to revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of specified offenses. This bill would additionally require the department to revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of an assault with a deadly weapon or instrument and a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense. The department would be prohibited from reinstating the privilege of a person so convicted. (4) Existing law requires the Department of Motor Vehicles to suspend immediately the driver's license of any person if the person was driving a motor vehicle when the person had a specified percentage or more, by weight, of alcohol in his or her blood. If the person whose license is suspended held a commercial driver's license and specified conditions existed, including that the person enrolls in a licensed drinking driver program, that person may apply to the department for a restricted driver's license limited to travel to and from the activities of the drinking driver program. This bill would allow that restricted license to include permitting the person to drive to and from and in the course of the person's employment provided the person's privilege to operate a motor vehicle generally is suspended for 6 months and the person was 21 years of age or older at the time the offense occurred. The privilege to operate a motor vehicle to and from or in the course of the person's employment under the terms of a restricted license would not apply to the holder of a commercial driver's license who was operating a commercial vehicle at the time the violation occurred. (5) Under existing law, it is a misdemeanor with a prescribed punishment for any person to be subsequently convicted within specified periods for driving when driving privileges were previously suspended or revoked for convictions of specified public offenses and that person has knowledge of the suspension or revocation. The person is presumed to have knowledge of the suspension or revocation if the department has given notice to the person. This bill would provide that knowledge is conclusively presumed if the department gives notice to the person by certified mail, as specified. (6) Existing law allows the Department of Motor Vehicles to require the payment of a fee at the time of the issuance, reissuance, or return of the suspended or revoked license sufficient to pay the actual costs of providing notices to the person regarding the suspension or revocation of the person's driving privilege. This bill would allow for the imposition of the same fee payment in connection with the issuance, reissuance, or return of a suspended or revoked license sufficient to pay the actual costs of providing the notices identified under (4). (7) Existing law authorizes a court, upon a showing of good cause, to waive the mandatory minimum imprisonment in county jail (10 days) upon a subsequent conviction within 5 years of driving a motor vehicle when the person's privilege to operate has been suspended or revoked by the Department of Motor Vehicles, as specified. This bill would impose a state-mandated local program by deleting that authority, thereby requiring the imposition of the 10-day minimum imprisonment. (8) Existing law does not prohibit a person who has a suspended or revoked license because of driving under the influence from driving a motor vehicle when emergency medical service is needed immediately. This bill would make it a misdemeanor for a person to engage in that conduct if the person knows that his or her driver's license has been suspended or revoked, thereby imposing a state-mandated local program by creating a new crime. (9) Existing law prohibits a person from renting a motor vehicle to another unless the person to whom the vehicle is rented is licensed under the Vehicle Code, and the person renting the vehicle has inspected the renter's driver's license, as specified. This bill would make it unlawful for the owner of a motor vehicle to knowingly allow another person to drive the vehicle upon a highway unless the owner determines that the person possesses a valid driver's license that authorizes the person to operate the vehicle. Because a violation of this provision, in conjunction with provisions of existing law, would be a crime, the bill would impose a state-mandated local program by creating a new crime. (10) Existing law allows a vehicle to be impounded when, among other things, the driving privilege of the driver has been suspended or revoked for specified offenses and there is no passenger in the vehicle who has a valid driver's license and authorization to operate the vehicle. The bill would expand the scope of specified offenses and would remove the restriction that there must be no passenger able to operate the vehicle before a vehicle may be impounded under the above circumstances. This bill would specifically authorize a peace officer to immediately arrest any person who is driving a vehicle while his or her driving privilege is suspended or revoked or when the person is driving without ever having been issued a driver's license and to cause the removal and seizure of the vehicle. The bill would provide for a 30-day impoundment on that vehicle subject to a hearing. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (12) The bill would incorporate changes in Sections 14601.5 and 22651 of the Vehicle Code proposed by SB 1295 to be operative only if SB 1295 is enacted and becomes operative. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1653.5 of the Vehicle Code is amended to read: 1653.5. (a) Every form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver's license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicant's social security account number. (b) Every form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicant's driver's license or identification card number. (c) Any person who submits to the department a form which, pursuant to subdivision (a), contains a section for the applicant's social security account number, or pursuant to subdivision (b), the applicant's driver's license or identification card number, if any, shall furnish the appropriate number in the space provided. (d) The department shall not accept any application which does not include the applicant's social security account number or driver's license or identification card number as required by subdivision (c). (e) An applicant's social security account number shall not be included by the department on any driver's license, identification card, registration, certificate of title, or any other document issued by the department. (f) Notwithstanding any other provision of law, information regarding an applicant's social security account number, obtained by the department pursuant to this section, is not a public record and shall not be disclosed by the department except for any of the following purposes: (1) Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Aid to Families with Dependent Children), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code. (2) Implementation of Section 12419.10 of the Government Code. (3) Responding to information requests from the Franchise Tax Board for the purpose of tax administration. SEC. 2. Section 4150 of the Vehicle Code is amended to read: 4150. Application for the original or renewal registration of a vehicle of a type required to be registered under this code shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following: (a) The true, full name, business or residence and mailing address, and driver's license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any. (b) The name of the county in which the owner resides. (c) A description of the vehicle, including the following data insofar as they may exist: (1) The make, model, and type of body. (2) The vehicle identification number or any other identifying number as may be required by the department. (3) The date first sold by a manufacturer, remanufacturer, or dealer to a consumer. (d) Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration. SEC. 3. Section 4150.2 of the Vehicle Code is amended to read: 4150.2. Application for the original registration or renewal of the registration of a motorcycle shall be made by the owner to the department upon the appropriate form furnished by it, and shall contain all of the following: (a) The true, full name, business or residence and mailing address, and driver's license or identification card number, if any, of the owner, and the true, full name and business or residence or mailing address of the legal owner, if any. (b) The name of the county in which the owner resides. (c) A description of the motorcycle, including the following data insofar as they may exist: (1) The make and type of body. (2) The motor and vehicle identification numbers recorded exactly as they appear on the engine and frame, respectively, by the manufacturer, and any other identifying number of the motorcycle as may be required by the department. (3) The date first sold by a manufacturer, remanufacturer, or dealer to a consumer. (d) Any other information that is reasonably required by the department to enable it to determine whether the vehicle is lawfully entitled to registration. (e) The department shall maintain a cross-index file of motor and vehicle identification numbers registered with it. SEC. 4. Section 4604 of the Vehicle Code is amended to read: 4604. (a) Except as otherwise provided in subdivision (d), prior to the expiration of the registration of a vehicle, if that registration is not to be renewed prior to its expiration, the owner of the vehicle shall file, under penalty of perjury, a certification that the vehicle will not be operated, moved, or left standing upon any highway during the subsequent registration year without first making an application for registration of the vehicle, including full payment of all fees. The certification is valid only for the following registration year for the vehicle, but may be renewed annually not more than 60 days prior to its expiration. An application for renewal of a certification shall contain a space for the applicant's driver's license or identification card number, and the applicant shall furnish that number, if any, in the space provided. (b) Each certification filed pursuant to subdivision (a) shall be accompanied by a filing fee of five dollars ($5). (c) (1) An application for renewal of registration, except when accompanied by an application for transfer of title to, or any interest in, the vehicle, shall be submitted to the department with payment of the required fees for the current registration year and without penalty for delinquent payment of fees imposed under this code or under Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code if the department receives the application prior to or on the date the vehicle is first operated, moved, or left standing upon any highway during the current registration year and the certification required pursuant to subdivision (a) was timely filed with the department. (2) If an application for renewal of registration is accompanied by an application for transfer of title, that application may be made without incurring a penalty for delinquent payment of fees not later than 20 days after the date the vehicle is first operated, moved, or left standing on any highway if a certification pursuant to subdivision (a) was timely filed with the department. (d) A certification is not required to be filed pursuant to subdivision (a) for any of the following: (1) A vehicle on which the registration expires while being held as inventory by a dealer or lessor-retailer or while being held pending a lien sale by the keeper of a garage or operator of a towing service. (2) A vehicle registered pursuant to Article 4 (commencing with Section 8050) of Chapter 4 of Division 3. (3) A vehicle described in Section 5004, 5004.5, 5004.6, or 5051, as provided in Section 4604.2. However, the registered owner may file a certificate of nonoperation in lieu of the certification specified in subdivision (a). (4) A vehicle registered pursuant to Article 5 (commencing with Section 9700) of Chapter 6 if the registered owner has complied with subdivision (c) of Section 9706. (e) For purposes of this section, a "vehicle" is, notwithstanding Section 670, a device by which any person or property may be propelled, moved, or driven upon a highway having intact and assembled its major component parts including, but not limited to, the frame or chassis, cowl, and floor pan or, in the case of a trailer, the frame and wheels or, in the case of a motorcycle, the frame, front fork, and engine. For purposes of this section, "vehicle" does not include a device moved exclusively by human power, a device used exclusively upon stationary rails or tracks, or a motorized wheelchair. SEC. 5. Section 5014 of the Vehicle Code is amended to read: 5014. An application by a person other than a manufacturer or dealer for an identification plate for special construction equipment, cemetery equipment, special mobile equipment, tow dolly, logging vehicle, cotton trailer, or farm trailer as specified in Section 36109, a vehicle which is farmer-owned and used as provided in subdivision (b) of Section 36101, a motor vehicle which is farmer-owned and operated and used as provided in subdivision (a) of Section 36101, or an automatic bale wagon operated as specified in subdivision (a) or (b) of Section 36102 shall include the following: (a) The true, full name and the driver's license or identification card number, if any, of the owner. (b) A statement by the owner of the use or uses which he or she intends to make of the equipment. (c) A description of the vehicle, including any distinctive marks or features. (d) A photograph of the vehicle. Only one photograph of one piece of equipment shall be required to be attached to the application when identification plates are to be obtained for more than one piece of equipment, each of which is of the same identical type. (e) Other information as may reasonably be required by the department to determine whether the applicant is entitled to be issued an identification plate. (f) A service fee of seven dollars ($7) for each vehicle. The plates shall be renewed between January 1 and February 4 every five calendar years, commencing in 1986. Any part of the year of the first application constitutes a calendar year. An application for renewal of an identification plate shall contain a space for the applicant's driver's license or identification card number, and the applicant shall furnish that number, if any, in the space provided. SEC. 6. Section 5031 of the Vehicle Code is amended to read: 5031. An application by a person other than a manufacturer or dealer for a license plate for a motorized bicycle shall include all the following: (a) The true, full name and the driver's license or identification card number, if any, of the owner. (b) A description of the motorized bicycle, including any distinctive marks or features. (c) Other information as may reasonably be required by the department to determine whether a license plate shall be issued for the motorized bicycle. SEC. 7. Section 5902 of the Vehicle Code is amended to read: 5902. (a) Whenever any person has received as transferee a properly endorsed certificate of ownership, that person shall, within 10 days thereafter, forward the certificate with the proper transfer fee to the department and thereby make application for a transfer of registration. The certificate of ownership shall contain a space for the applicant's driver's license or identification card number, and the applicant shall furnish that number, if any, in the space provided. (b) An application for a transfer of registration of a commercial motor vehicle specified in Section 34500 shall include a declaration, made by the owner to the department upon the appropriate form furnished by it, that the owner is aware of the applicable motor carrier safety regulations adopted by the Department of the California Highway Patrol pursuant to Section 34501. A fleet owner may make this declaration on a single form for all commercial motor vehicles registered in the fleet owner' s name. SEC. 8. Section 13106 is added to the Vehicle Code, to read: 13106. (a) When the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by certified mail, return receipt requested, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 23137 or 23158.5, or otherwise pursuant to this code. It shall be conclusively presumed that a person has knowledge of the suspension or revocation if notice has been sent by certified mail by the department pursuant to this section to the most recent address reported by the person to the department pursuant to Section 14600, and the return receipt has been signed and returned to the department. It is the responsibility of every license holder to report changes of address to the department pursuant to Section 14600. (b) (1) In the event the certified mail is not delivered, the department shall attempt to provide personal service by using a process server for service of any person whose driving privilege was suspended or revoked for a conviction of a violation of Section 23103, 23104, 23152, or 23153, or for any reason listed in subdivision (a) or (c) of Section 12806, or for negligent or incompetent operation of a vehicle pursuant to subdivision (e) of Section 12809 or Section 12810. (2) The only purpose of this subdivision is to provide an additional deterrent to unlawful driving. (c) At the time of license reinstatement, the department shall recover, through fees authorized pursuant to Section 14906, an amount equal to its total costs of providing notices pursuant to this section. SEC. 9. Section 13351.5 is added to the Vehicle Code, to read: 13351.5. (a) Upon receipt of a duly certified abstract of the record of any court showing that a person has been convicted of a violation of Section 245 of the Penal Code, and a vehicle was found by the court to constitute the deadly weapon or instrument used to commit that offense, the department immediately shall revoke the privilege of that person to drive a motor vehicle. (b) The department shall not reinstate a privilege revoked under subdivision (a) under any circumstances. SEC. 10. Section 13353.7 of the Vehicle Code is amended to read: 13353.7. (a) Subject to subdivision (c) and except as provided in Section 13353.6 for persons who have commercial driver's licenses, if the person whose driving privilege has been suspended under Section 13353.2 has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person's privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense which occurred on a separate occasion within seven years of the occasion in question and, if the person subsequently enrolls in a program described in Section 11837.3 of the Health and Safety Code, pursuant to subdivision (b) of Section 23161, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver's license limited to travel to and from the activities required by the program or to and from and in the course of the person's employment, or both. Notwithstanding any other provision of law, if the person's restricted driver's license permits travel to and from and in the course of his or her employment, the person's privilege to operate a motor vehicle shall be suspended, subject to the restriction, for six months. After receiving proof of enrollment in the program, and if the person has not been arrested subsequent to the offense for which the person's driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal Code, and if the person's privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense which occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review pursuant to Section 13557, suspend the person's privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver's license under the following conditions: (1) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department. (2) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430. (3) The restricted driver's license authorizes the operation of a motor vehicle only to and from the activities required under the program. (4) If any person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, which is effective upon receipt by the person. (5) On or after 60 days after the effective date of the restricted license, and upon notification of successful completion of the program, the department may issue an unrestricted driver's license to the person. (b) If the court of jurisdiction in a criminal action arising out of the same offense orders the department to suspend or revoke the person's privilege to operate a motor vehicle or does not grant probation after conviction of that offense, notwithstanding subdivision (a), the department shall suspend or revoke the person's privilege pursuant to the order of the court or Section 13352. (c) If the holder of a commercial driver's license was operating a commercial vehicle, as defined in Section 15210, at the time of the violation which resulted in the suspension of that person's driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver's license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license shall not allow travel to and from or in the course of the person's employment. (d) This section does not apply to a person whose driving privilege has been suspended or revoked pursuant to the order of the court or Section 13353 or 13353.2 for an offense which occurred on a separate occasion, or as a result of a conviction of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, which violation occurred within seven years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by Section 408 or 410 of Title 23 of the United States Code. SEC. 11. Section 14601.5 of the Vehicle Code is amended to read: 14601.5. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353 or 13353.2 and that person has knowledge of the suspension or revocation. (b) Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.6 or 13353.7 and that person has knowledge of the restriction. (c) Knowledge of suspension, revocation, or restriction of the driving privilege shall be conclusively presumed if notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof. (d) Any person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment. (2) If the offense occurred within five years of a prior offense which resulted in a conviction for a violation of this section or Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the county jail for not less than 10 days or more than one year, and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000). (e) In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and for reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed. (f) Nothing in this section prohibits a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle, that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500. SEC. 12. Section 14601.5 of the Vehicle Code is amended to read: 14601.5. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 and that person has knowledge of the suspension or revocation. (b) Except in full compliance with the restriction, no person shall drive a motor vehicle at any time when that person's driving privilege is restricted pursuant to Section 13353.6, 13353.7, or 13353.8 and that person has knowledge of the restriction. (c) Knowledge of suspension, revocation, or restriction of the driving privilege shall be conclusively presumed if notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof. (d) Any person convicted of a violation of this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in the county jail for not more than six months or by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000), or by both that fine and imprisonment. (2) If the offense occurred within five years of a prior offense which resulted in a conviction for a violation of this section or Section 14601, 14601.1, 14601.2, or 14601.3, by imprisonment in the county jail for not less than 10 days or more than one year, and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000). (e) In imposing the minimum fine required by subdivision (d), the court shall take into consideration the defendant's ability to pay the fine and may, in the interest of justice, and for reasons stated in the record, reduce the amount of that minimum fine to less than the amount otherwise imposed. (f) Nothing in this section prohibits a person who is participating in, or has completed, an alcohol or drug rehabilitation program from driving a motor vehicle, that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (d) of Section 12500. SEC. 13. Section 14602.6 is added to the Vehicle Code, to read: 14602.6. (a) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked or without ever having been issued a license, the peace officer may immediately arrest that person and cause the removal and seizure of that vehicle in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days. (b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. (c) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (a) of Section 14602.5. SEC. 14. Section 14604 is added to the Vehicle Code, to read: 14604. (a) No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that the person possesses a valid driver's license that authorizes the person to operate the vehicle. For the purposes of this section, an owner is required only to make a reasonable effort or inquiry to determine whether the prospective driver possesses a valid driver's license before allowing him or her to operate the owner's vehicle. An owner is not required to inquire of the department whether the prospective driver possesses a valid driver's license. (b) (1) A rental company is deemed to be in compliance with subdivision (a) if the company rents the vehicle in accordance with Sections 14608 and 14609 and if the driver of the rental vehicle is an authorized driver. (2) As used in this subdivision, "rental company" and "authorized driver" have the same meaning as those terms are defined in paragraphs (1) and (3), respectively, of subdivision (a) of Section 1936 of the Civil Code. SEC. 15. Section 14906 of the Vehicle Code is amended to read: 14906. (a) In addition to the fees required by Section 14904, the department may require payment of a fee sufficient to pay the actual costs, as determined by the department, for giving any notices in connection with suspensions or revocations in accordance with Sections 22, 29, and 13106. (b) This section does not apply to any suspension or revocation that is set aside by the department or a court. SEC. 16. Section 22651 of the Vehicle Code is amended to read: 22651. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code; or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city or a county in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under any of the following circumstances: (a) When any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where the vehicle constitutes an obstruction to traffic. (b) When any vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway. (c) When any vehicle is found upon a highway or any public lands and a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (d) When any vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway. (e) When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway. (f) When any vehicle, except any highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of any freeway which has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power. (g) When the person or persons in charge of a vehicle upon a highway or any public lands are, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal. (h) When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody. (i) (1) When any vehicle, other than a rented vehicle, is found upon a highway or any public lands, or is removed pursuant to this code, and it is known to have been issued five or more notices of parking violation, to which the owner or person in control of the vehicle has not responded within 21 days of citation issuance or 10 days of a notice of delinquent parking violation to the agency responsible for processing notices of parking violation or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner's record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following: (A) Evidence of his or her identity. (B) An address within this state at which he or she can be located. (C) Satisfactory evidence that all parking penalties due for the vehicle and any other vehicle registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared. (2) The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. (3) A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (4) A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following: (A) Pays the cost of towing and storing the vehicle. (B) Submits evidence of payment of fees as provided in Section 9561. (C) Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt thereof, full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5. (5) The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle. (j) When any vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located. (k) When any vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. (l) When any vehicle is illegally parked on a highway in violation of any local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to the ordinance. (m) Wherever the use of the highway, or any portion thereof, is authorized by local authorities for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of any vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to the ordinance. (n) Whenever any vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. No vehicle may be removed unless signs are posted giving notice of the removal. (o) (1) When any vehicle is found upon a highway, any public lands, or an offstreet parking facility with a registration expiration date in excess of one year before the date it is found on the highway, public lands, or the offstreet parking facility. However, if the vehicle is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. For purposes of this subdivision, the vehicle shall be released to the owner or person in control of the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle. (2) 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. (p) When the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604 and the vehicle has not been impounded pursuant to Section 22655.5. Any vehicle so removed from the highway or any public lands shall not be released to the registered owner or his or her agent, except upon presentation of the registered owner's or his or her agent's currently valid driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court. (q) Whenever any vehicle is parked for more than 24 hours on a portion of highway which is located within the boundaries of a common interest development, as defined in subdivision (c) of Section 1351 of the Civil Code, and signs, as required by Section 22658.2, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owner's expense, pursuant to a resolution or ordinance adopted by the local authority. (r) When any vehicle is illegally parked and blocks the movement of a legally parked vehicle. (s) (1) When any vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle which is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint. (2) For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area. SEC. 17. Section 22651 of the Vehicle Code is amended to read: 22651. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code; or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city or a county in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under any of the following circumstances: (a) When any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where the vehicle constitutes an obstruction to traffic. (b) When any vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway. (c) When any vehicle is found upon a highway or any public lands and a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (d) When any vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway. (e) When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway. (f) When any vehicle, except any highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of any freeway which has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power. (g) When the person or persons in charge of a vehicle upon a highway or any public lands are, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal. (h) (1) When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody. (2) When an officer serves a notice of an order of suspension or revocation of a driver's license pursuant to Section 23137. (i) (1) When any vehicle, other than a rented vehicle, is found upon a highway or any public lands, or is removed pursuant to this code, and it is known to have been issued five or more notices of parking violation, to which the owner or person in control of the vehicle has not responded within 21 days of citation issuance or 10 days of a notice of delinquent parking violation to the agency responsible for processing notices of parking violation or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner's record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following: (A) Evidence of his or her identity. (B) An address within this state at which he or she can be located. (C) Satisfactory evidence that all parking penalties due for the vehicle and any other vehicle registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared. (2) The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records. (3) A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (4) A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following: (A) Pays the cost of towing and storing the vehicle. (B) Submits evidence of payment of fees as provided in Section 9561. (C) Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt thereof, full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5. (5) The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for any local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle. (j) When any vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located. (k) When any vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. (l) When any vehicle is illegally parked on a highway in violation of any local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to the ordinance. (m) Wherever the use of the highway, or any portion thereof, is authorized by local authorities for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of any vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to the ordinance. (n) Whenever any vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. No vehicle may be removed unless signs are posted giving notice of the removal. (o) (1) When any vehicle is found upon a highway, any public lands, or an offstreet parking facility with a registration expiration date in excess of one year before the date it is found on the highway, public lands, or the offstreet parking facility. However, if the vehicle is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. For purposes of this subdivision, the vehicle shall be released to the owner or person in control of the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle. (2) 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. (p) When the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604 and the vehicle has not been impounded pursuant to Section 22655.5. Any vehicle so removed from the highway or any public lands, or from private property after having been on a highway or public lands, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owner's or his or her agent's currently valid driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court. (q) Whenever any vehicle is parked for more than 24 hours on a portion of highway which is located within the boundaries of a common interest development, as defined in subdivision (c) of Section 1351 of the Civil Code, and signs, as required by Section 22658.2, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owner's expense, pursuant to a resolution or ordinance adopted by the local authority. (r) When any vehicle is illegally parked and blocks the movement of a legally parked vehicle. (s) (1) When any vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle which is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint. (2) For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area. SEC. 18. Section 38040 of the Vehicle Code is amended to read: 38040. Application for the original identification of a motor vehicle, other than a motorcycle, required to be identified pursuant to this division shall be made by the owner to the department upon the appropriate form furnished by it and shall contain all of the following: (a) The true, full name, business or residence and mailing address, and the driver's license or identification card number, if any, of the owner and the legal owner, if any. (b) The name of the county in which the owner resides. (c) A description of the vehicle, including the following, insofar as it may exist: (1) The make, model, and type of body. (2) The vehicle identification number or any other number as may be required by the department. (d) Information as may reasonably be required by the department to enable it to determine whether the vehicle is lawfully entitled to identification. SEC. 19. Section 38041 of the Vehicle Code is amended to read: 38041. Application for the original identification of a motorcycle shall be made by the owner to the department upon the appropriate form furnished by it, and shall contain: (a) The true, full name, business or residence and mailing address, and the driver's license or identification card number, if any, of the owner and the legal owner, if any. (b) The name of the county in which the owner resides. (c) A description of the motorcycle including the following data insofar as it may exist: (1) The make and type of body. (2) The motor and frame numbers recorded exactly as stamped on the engine and frame, respectively, by the manufacturer, and any other identifying number of the motorcycle as may be required by the department. (3) The date first sold by a manufacturer or dealer to a consumer. (d) Such information as may reasonably be required by the department to enable it to determine whether the vehicle is lawfully entitled to identification. (e) The department shall maintain a cross-index file of motor and frame numbers identified with it. The application shall be accompanied by a tracing, tape lift, or photograph of the motor or frame numbers, or where the facsimile of the motor or frame numbers cannot be obtained, a verification of the numbers shall be required. SEC. 20. Section 38120 of the Vehicle Code is amended to read: 38120. (a) Application for renewal of identification of off-highway motor vehicles subject to identification shall be made by the owner not later than midnight of the 30th day of June of the expiration year. The application shall contain the true, full name and driver's license or identification card number, if any, of the owner. (b) Whenever any application for identification or transfer of ownership of an off-highway motor vehicle subject to identification is filed with the department between June 1 and June 30 of the year of expiration, the application shall be accompanied by the full renewal fees in addition to any other fees then due and payable. (c) Whenever an application for identification or transfer of ownership of an off-highway motor vehicle subject to identification is filed with the department between January 1 and May 31 of the year of expiration, the application may be accompanied by full renewal fees in addition to any other fees then due and payable, which renewal fees shall be for the two-year period following June 30th of the year in which paid. SEC. 21. Section 38205 of the Vehicle Code is amended to read: 38205. Whenever any person has received as transferee a properly endorsed certificate of ownership, he or she shall, within 10 days thereafter, endorse the ownership certificate as required and forward the ownership certificate with the proper transfer fee and, if required under Section 38120, any other fee due and thereby make application for transfer of identification. The certificate of ownership shall contain a space for the applicant's driver's license or identification card number, and the applicant shall furnish that number, if any, in the space provided. SEC. 22. Section 40000.11 of the Vehicle Code is amended to read: 40000.11. A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Division 5 (commencing with Section 11100), relating to occupational licensing and business regulations. (b) Section 12500, subdivision (a), relating to unlicensed drivers. (c) Section 12515, subdivision (b), relating to persons under 21 years of age driving, and the employment of those persons to drive, vehicles engaged in interstate commerce or transporting hazardous substances or wastes. (d) Section 12517, relating to a special driver's certificate to operate a schoolbus or school pupil activity bus. (e) Section 12519, subdivision (a), relating to a special driver's certificate to operate a farm labor vehicle. (f) Section 12520, relating to a special driver's certificate to operate a tow truck. (g) Section 12804, subdivision (d), relating to medical certificates. (h) Section 12951, subdivision (b), relating to refusal to display license. (i) Section 13004, relating to unlawful use of identification card. (j) Section 13004.1, relating to identification documents. (k) Section 14604, relating to unlawful use of a vehicle. (l) Section 14610, relating to unlawful use of driver's license. (m) Section 14610.1, relating to identification documents. (n) Section 15501, relating to use of false or fraudulent license by a minor. SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 24. Section 12 of this bill incorporates amendments to Section 14601.5 of the Vehicle Code proposed by both this bill and SB 1295. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1995, (2) each bill amends Section 14601.5 of the Vehicle Code, and (3) this bill is enacted after SB 1295, in which case Section 14601.5 of the Vehicle Code, as amended by SB 1295, shall remain operative only until the operative date of this bill, at which time Section 12 of this bill shall become operative, and Section 11 of this bill shall not become operative. SEC. 25. Section 17 of this bill incorporates amendments to Section 22651 of the Vehicle Code proposed by both this bill and SB 1295. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 1995, (2) each bill amends Section 22651 of the Vehicle Code, and (3) this bill is enacted after SB 1295, in which case Section 22651 of the Vehicle Code, as amended by SB 1295, shall remain operative only until the operative date of this bill, at which time Section 17 of this bill shall become operative, and Section 16 of this bill shall not become operative.