BILL ANALYSIS �
AB 1996
Page 1
Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1996 (Huber) - As Amended: March 29, 2012
SUBJECT : Driver violation: administrative hearing
SUMMARY : Authorizes a person whose driving record has been
assessed a point due to a traffic accident to request an
administrative hearing with the California Department of Motor
Vehicles (DMV) within one year of the assessment in order to
contest the violation.
EXISTING LAW :
1)Establishes that specified convictions, violations, and
traffic-related incidents count as points against a driver's
record for purposes of the suspension or revocation of the
privilege to drive and that certain other violations do not
result in a violation point count.
2)Assesses a point against the driver's record if the driver is
deemed by DMV to be responsible for a traffic accident.
3)Requires DMV to track potential negligent drivers through
Negligent Operator Treatment System (NOTS). Under this
system, drivers are deemed negligent and may lose their
driving privileges after accruing four points in 12 months,
six points in 24 months or eight points in 36 months.
Negligent operator points are added to the driving record upon
receipt of conviction notices from courts and reports of
responsible collisions from law enforcement indicating that
the driver contributed, was at fault, or was responsible to
any degree or in any amount for the collision.
4)Authorizes persons to request hearings from DMV as a result of
being notified that the person's driving privilege is being
suspended for violations or accidents totaling four points or
more, as specified, under NOTS.
5)Under general orders of the California Highway Patrol (CHP)
allows a person whose driving record has been assessed a point
due to a traffic accident to meet and discuss with the
appropriate officer or unit that made the traffic accident
AB 1996
Page 2
determination of fault. Establishes similar policies with
local law enforcement entities.
FISCAL EFFECT : Unknown
COMMENTS : The author contends that the DMV's NOTS, tracking the
number of accrued negligent operator points that identify
potential negligent drivers, provides an opportunity for drivers
to appeal a determination of a court or law enforcement officer
when a driver is notified that their driver's license is going
to be suspended (upon accrual of the fourth or more point).
However, the driver is not authorized to request an appeal for
any point received before that fourth point is assessed. As
such, they indicate that "a driver with only one point has no
due process rights under the current system and, therefore, no
opportunity to prove he or she was not at fault in an accident."
Accordingly, the author has introduced this bill to allow an
individual whose driving record has been assigned a point based
on responsibility for a traffic accident to request a DMV
administrative hearing within one year of the assessment to
contest the assignment of the point.
Currently, according to law enforcement officials, drivers
assessed a point upon determination of fault for a collision can
meet with the local or state authority making that
determination. In those instances, the driver can present and
appeal the determination of fault before the officer making that
determination.
DMV contends that to require them to hold administrative
hearings at the request of a driver determined to be at fault at
a traffic accident will be a significant cost burden as well as
impede the current hearing process that requires them to conduct
hearings for negligent drivers with four or more points, drivers
arrested for driving under the influence of alcohol that request
a hearing, priority reexaminations of drivers exhibiting a level
of incapacity as reported by law enforcement personnel, and
other reexaminations of drivers with physical and or mental
conditions that may affect safe driving. Due to the tremendous
amount of accidents occurring within the state, there would be
undeterminable, likely significant costs to DMV operations to
hold hearings within one year of an accident upon the request of
a driver assessed a point violation for that traffic accident.
AB 1996
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Furthermore, if driver hearings are delayed as a result of
drivers requesting hearings for each accident where fault is
determined, drivers that might have had their licenses suspended
for various reasons as warranted, would be allowed to drive
until their delayed hearing is conducted.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093