California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 110.04 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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).
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.