VC Section 12814.6 Provisional License for Minors Distinctive Driver s License
Provisional License for Minors: Distinctive Driver’s License
12814.6. (a) Except as provided in Section 12814.7, a driver's license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:
(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver's license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state.
(B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.
(C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subdivision shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education.
(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department's driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.
(5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.
(b) Except as provided in Section 12814.7, the provisional driver's license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:
(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed.
(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(D) Necessity of the licensee or the licensee's immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee's immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age before the term ends.
(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when a driver's record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee's record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A) The person shall violate no law which, if resulting in conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between drivers' licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes.
(k) The department shall include, on the face of the provisional driver's license, the original issuance date of the provisional driver's license in addition to any other issuance date.
(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.
Is more than one student allowed in the vehicle during a behind the wheel training session?
What are the consequences for failing the behind-the-wheel road test? How many times can I take the road test?
You simply can take it again and again until you pass, as many times as it takes. However if you fail the test three (3) times you will need to pay the DMV fee, provide all needed documents, take and pass the written test again. If you are under the age of 18 you will also need to wait at least two (2) weeks before taking the road test again.
What do I need in order to take the DMV behind-the-wheel road knowledge test?
If you are 18 years old or older, you will need your permit, current registration and proof of insurance of the car you are going to use for the test and the owner’s permission. The car must be in good working order, signals, brake lights, headlights, windshield wipers, no cracks or breaks on the windshield and windows, doors, etc. If you are under the age of 18, in addition to everything listed above, you must have your permit for at least six (6) months and a Certificate of Completion of Behind-the-Wheel Driver’s training (OL-238 Gold Certificate).
How can I contact the CA DMV (California Department of Motor Vehicles)? How can I get more information about the CA DMV and DMV hours, locations, and services?
You can call the during the DMV’s normal business hours at 1 (800) 777-0133 or visit CA DMV online at: www.dmv.ca.gov.
Once I received my driver’s license, are there any restrictions I have to follow?
If you are 18 years old or older, no—there are no restrictions for adults. If you are under the age of 18, for the first year (12 months) or until you turn 18, whichever is sooner, you cannot drive between the hours of 11:00pm and 5:00am and you cannot transport passengers under the age of 20 unless you are accompanied by a licensed driver 25 year old or older. In addition, until you turn 18 years old you cannot use a cell phone while driving even with a hands-free device.
What is the age in which I’m allowed to start a driver’s education course?
Although the California DMV does not require that you be a specific age to start taking driver's education, you are required by the State of California to be at least 15½ years old to legally obtain your learner’s permit., thus you will have adequate time study, learn, and comprehend the entire materials in our interactive online driver's education course. In addition, you will be able to easily remember what you’ve learned right before taking the written test. This online course along with the California DMV Drivers handbook (DL-600 will significantly help you in preparing and passing the DMV written knowledge test. We recommend that you do take your time to read and absorb all the materials; this will make taking the tests much easier. At average pace reading, after watching all videos, and passing all tests, our course is designed to take at least thirty (30) hours as the California DMV requires. Remember, you have six (6) months to complete our course from the date you purchased the course.
It is against the law to loan your vehicle to a person who is unlicensed or whose driving privilege has been suspended. If an unlicensed person is caught driving your vehicle, it may be impounded for 30 days (CVC §14607.6).
No person of any age may drive on a highway or in a public parking facility unless he or she has a valid driver license or permit. The law also states that you must not employ, permit, or authorize any person to drive your vehicle on a public street or highway, unless he or she is licensed to drive that class of vehicle.
A person must be at least 21 years old to drive most commercial vehicles for hire in interstate commerce and to transport hazardous materials or wastes.
To Replace A Lost/Stolen Or Damaged Driver License
If your driver license is lost, stolen, or damaged, you must go to a DMV office, complete the Driver License or Identification Card Application (DL 44) form, and pay a fee for the replacement. You should also present a photo identification. If the DMV cannot confirm your identity, you will not be issued a temporary driver license.
If you are a minor, your parent(s) or guardian(s) must sign the (DL 44) form. If both parents/guardians have joint custody, both must sign.
Once a replacement driver license is issued, the previous driver license is no longer valid. Destroy the old driver license if you find it later.
When you legally change your name because of marriage or other reasons, be sure to change your name with the Social Security Administration (SSA) before coming into the DMV.
Bring your driver license to the DMV in person, along with your marriage certificate or other acceptable verification of your "true full name" (refer to the "Acceptable Documents" section). You must complete the Driver License or Identification Card Application (DL 44) form and pay the applicable fee. The DMV will electronically verify your name, birth date, and social security number (SSN) with the SSA.
A new picture, fingerprint, and signature will be taken. Your old photo DL/ID card will be invalidated and returned to you.
When you move, you must give the DMV your new address within 10 days. There is no fee to change your address. You may notify the DMV of your address change for your driver license, identification card, and vehicle(s) online at www.dmv.ca.gov. You may also download a Change of Address (DMV 14) form and mail it to the address on the form, or call the DMV at 1-800-777-0133, and request a DMV 14 form be mailed to you.
A new driver license is not issued when you change your address. A space is provided on the back of your driver license or identification card to record your new address.
You may also type or write your new address on a small piece of paper, sign, and date the paper and carry it (do not use tape or staples) with your driver license or identification card.
If you change your address at a field office, the DMV representative will give you a Change of Address Certificate (DL 43) to complete and carry with your driver license.
Reminder: The U.S. Postal Service forwards some DMV correspondence; however, it is your responsibility to ensure the DMV has your correct mailing address on record.
Driver License In Your Possession
You must always have your driver license with you when you drive. Show it to any police officer who asks to see it. If you are in a collision, you must show it to the other driver(s) involved (refer to the “Involved in a Collision” section).
What does Life Safety Driving School online drivers education course consists of?
You must completely read all 10 units of the course watch all videos take and pass all of the 10 units quizzes as well as the final exam with an 80% passing grade. You must do so in sequential order, in other words you will not be able to skip to the next unit until you finish reading and passing the previous unit test. Remember, you have six (6) months to complete our course from the date you purchased the course, if it has been more than 6 months.
What happens if I fail the online driver's ed course?
Since our online course is designed as a straightforward, clear-cut, and easy to understand driver’s education course, it is highly unlikely that you will fail. However, if the unlikely does happen then you simply can take all or any part or unit of the course including the final exam over and over again until you do pass. This benefit can also help you in reviewing for the DMV written knowledge test. Remember, you have six (6) months to complete our course from the date of purchase,
What is the next step after completing the online drivers ed course? What do I need to do in order to get my permit if I’m under the age of 17½?
Your next step is to get your learner’s permit from the California DMV. If you are under the age of 17½ but at least 15½ years old, after completing our online course you will receive a completion certificate OL-237 (Blue). You also need to enroll in an approved drivers training course such as ours and receive an additional certificate, a certificate of enrollment OL-392 (white). You must complete all the required information including your true and full name, Social Security Number, and date of birth on the Driver License or Identification Card Application (DMV form DL-44) which we have available at our office or we will mail it to you. DL-44 form must be signed by both parents (unfortunately even if they are divorced, unless one of your parents has full sole custody). Provide to the California DMV proof of your date of birth and legal presence by having your original or certified copy of your birth certificate(Hospital, photo, or faxed copies will not be accepted), other accepted documents are US Passport, US Passport Card, US Military Identification Card (Active or reserve duty, dependent of a military member). See the DMV check list at: http://www.dmv.ca.gov/dl/checklists/permit_under18.htm. After presenting the above documents to the DMV, and paying a fee you will require taking a written knowledge test. Once passing the test you will receive your learner’s permit immediately, remember your permit is not valid until taking your first behind-the-wheel lesson with a certified instructor. Please call us as soon as you get your permit to schedule your first lesson.
Do I need to make an appointment with DMV in order to take the written knowledge test?
No, however without an appointment you may have to wait up to an hour and sometimes more. Please note, DMV will not administrate written tests after 4:30pm therefore we recommend arriving before 3:00pm if you don’t have an appointment we advise our students to always make an appointment with DMV no matter the type of transaction, however keep in mind that normal wait for the first available appointment maybe at least two weeks away. If you decide to make an appointment with DMV, you can do so two ways. First, go online to https://eg.dmv.ca.gov/foa/welcome.do?localeName=en. Second, call during DMV’s normal business hours: 1 (800) 777-0133.
What are the consequences for failing the DMV written knowledge test? How many times can I take the written test?
You simply can take it again and again until you pass, as many times as it takes. However if you fail the test three (3) times you will need to pay the DMV fee and provide all needed documents again. If you are under the age of 18 you will also need to wait at least a week before taking the test again.
Once I pass the California DMV written knowledge test and receive my learner’s permit, do I have to take another written test to get my license?
In short no, however there are two instances where you may have to take the DMV written knowledge test again. First, if you let your permit expire. Second, if you fail the DMV road knowledge test three (3) times.
What is the next step after obtaining my learner’s permit from the CA DMV? How do I make an appointment for a behind-the-wheel lesson?
Once you have you learner’s permit you must schedule an appointment with us before you start driving with anyone else. Your permit is not valid until you complete a minimum of an hour behind-the-wheel lesson with a CA certified instructor, and the same instructor signs your CA issued learner’s permit.. If a student does not properly cancel, nor is properly ready, or simply did not show for his/her driving lesson appointment, a $50.00 fee will be due in order to reschedule missed appointment.
How many hours of behind-the-wheel instruction do I need? Do I need to keep track, record, log of all behind-the-wheel practice hours?
If you are under the age 18, a minimum of 50 hours of behind-the-wheel experience 10 of those hours should be at night, is required by the CA DMV before acquiring their driver license. Although it is not required to keep a log of behind-the-wheel practice time, it is highly recommended. You can use the log provided in the California Parent-Teen Training Guide (DL-603), which can be obtained free of charge from any CA DMV or our office.