Cal. Code Regs. tit. 13 § 110.04

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 110.04 - Disciplinary Guidelines

In reaching a decision on an action regarding the driving privilege of a person under the provisions of the Vehicle Code, the department may consider the disciplinary guidelines, specified below, which are hereby incorporated by reference. Deviation from these guidelines, including the terms of probation, if any, is appropriate when the department, in its sole discretion, determines that the facts of a particular case warrant such a deviation; for example, the presence of mitigating or aggravating factors, the age of the case, and evidentiary problems.

(a) Guidelines for Actions Against the Driving Privilege Based on the Negligent Operator Treatment System (Rev. 2/2001).

(b) Guidelines for Actions Against the Commercial Driving Privilege (Rev. 2/99).

(c) Guidelines for Actions Against Driver License Certificates and Endorsements (Rev. 2/99).

(d) Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions (Rev. 7/2007)

(e) Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility (Rev. 1/03).

(f) Guidelines for Actions Against the Driving Privilege Based On Fraud (Rev. 2/99).

Cal. Code Regs. Tit. 13, § 110.04

1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment of subsection (a) filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
5. Change without regulatory effect amending subsection (e) to indicate amendment of the document, Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility (incorporated by reference) filed 2-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
6. Amendment of subsection (d) and NOTE and amendment of incorporated document Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions, chapter 5, Vision Guidelines, including amendment of Form DL 62, Report of Vision Examination; new Form DS 439 FO, Order of Suspension/Revocation; and repealer of Form DS 326, Driver Medical Evaluation filed 12-5-2008; operative 1-4-2009 (Register 2008, No. 49).

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; Section 11425.50(e), Government Code; and Section 103900, Health and Safety Code.

1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment of subsection (a) filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
5. Change without regulatory effect amending subsection (e) to indicate amendment of the document, Guidelines for Actions Against the Driving Privilege Based On Financial Responsibility(incorporated by reference) filed 2-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
6. Amendment of subsection (d) and Note and amendment of incorporated document Guidelines for Actions Against the Driving Privilege Based On Physical and Mental Conditions,chapter 5, Vision Guidelines, including amendment of Form DL 62, Report of Vision Examination; new Form DS 439 FO, Order of Suspension/Revocation; and repealer of Form DS 326, Driver Medical Evaluation filed 12-5-2008; operative 1-4-2009 (Register 2008, No. 49).