The driver committed a violation of law which was the primary cause of the accident and the driver was cited.
The driver has been involved in at least one previous accident in a vehicle requiring a certificate or endorsement within the 12 months immediately preceding the accident.
In addition to the current violation, there is one additional violation within 36 months, and neither violation indicates a willful disregard for safety, or if there is one minor violation which caused or contributed to an accident which did not result in injury, death, or serious property damage.
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NOTE: Employers of SCH, SPAB, YOB, and GPPV drivers often take remedial action against their drivers who are involved in accidents in those vehicles. Employer remedial actions may be taken into account when determining appropriate action.
Vehicle Code §13369 (b)(4): Actions that may be taken against the certificate or endorsement for violation of any restriction of the certificate, endorsement, or the commercial driver license include a warning letter, 30-90 day suspension, refusal and revocation.
Vehicle Code §12517.4 authorizes the department and the CHP to place restrictions on a certificate to assure the safe operation of the vehicle and the safe transportation of passengers. The types of restrictions depend on the type of vehicle used in the drive test and the abilities and physical condition of the driver. Examples of restrictions include:
Vehicle Code §13369 (b)(5): The certificate may be refused, suspended or revoked if the driver has knowingly made a false statement or concealed a material fact on an application for a certificate or endorsement when the truth would have resulted in a department action. If the truth which was falsified or concealed requires refusal, the certificate will be refused on both grounds.
Vehicle Code §13369 (b)(6): The certificate may be refused, suspended or revoked if the driver has been determined to be a negligent or incompetent operator pursuant to Vehicle Code §12809 (e) and §12810.5 , if mandatory action under Vehicle Code §13369 (a)(2) is not required. A PV or HM endorsement may be retained or issued, provided the negligent operator or other action imposed was probation only.
Vehicle Code §13369 (b)(7): The certificate may be refused, suspended or revoked if the driver has demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the ability to perform the duties of a driver may be impaired. For action to be warranted, there must be a nexus between the behavior and the applicant or certificate/endorsement holder's ability to perform the duties required in driving the vehicle requiring the certificate or endorsement.
Vehicle Code §13369 (b)(8): The certificate may be refused, suspended or revoked if the driver has excessive, habitual use, or addiction to alcoholic beverages, narcotics, or dangerous drugs, or a clinical diagnosis thereof.
Vehicle Code §13369 (b)(9): The certificate may be refused, suspended or revoked if the driver does not meet the minimum medical standards established by the department in Article 2.1, Sections § 28.18 and 28.19, of Title 13, California Code of Regulations. If there is an immediate risk to safety, the action may be taken under the authority of Vehicle Code Section §13953 .
Under Vehicle Code § 13369 (f)(1), reapplication may be made after one year from the effective date of denial or revocation, except in cases where a longer period of withdrawal is required by law.
Vehicle Code § 13370 (b) applies only to bus driver certificates and provides that the department may deny, suspend, or revoke a SCH, SPAB, GPPV, VDDP, or YOB certificate if any of the following causes apply to the applicant or certificate holder:
Sex Offenses:Vehicle Code § 13370 (b)(1): The certificate may be denied, suspended, or revoked if the driver has been convicted of any crime specified in Section § 44424 of the Education Code within the seven years preceding the application date.
Pursuant to Vehicle Code § 13376 (c)(1), the department may temporarily suspend a certificate if the holder or applicant is arrested for or charged with any sex offense as defined in 44010 of the Education Code. These actions are based on the driver's arrest. It is not necessary to wait for court proceedings to determine if there is a conviction. If the court later convicts the driver of a sex offense, the department will revoke the certificate which was previously suspended for the sex offense. If the conviction is of a lesser offense, the department removes the suspension or refusal from the record and may take action on moral turpitude grounds. If the charge(s) is dismissed, the department's action is removed from the record.
Moral Turpitude:Vehicle Code § 13370 (b)(2) VC: The certificate may be denied, suspended, or revoked if the driver has committed any act involving moral turpitude. A nexus must exist between the act, behavior, or crime and the safe transportation of passengers.
Felony Conviction:Vehicle Code § 13370 (b)(3) VC: The certificate may be denied, suspended, or revoked if the driver has been convicted of any offense not specified in Section § 13370, and other than a sex offense, that is punishable as a felony, within the seven years preceding the application date. A nexus must exist between the crime and pupil transportation safety.
Employment Dismissal:Vehicle Code § 13370 (b)(4): The certificate may be denied, suspended, or revoked if the driver has been dismissed as a driver for a cause relating to pupil transportation safety.
Drugs:Vehicle Code § 13370 (b)(5): The certificate may be denied, suspended, or revoked if the driver has been convicted, within the seven years preceding the application date, of any offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in Vehicle Code Section § 13370 (a)(2).
Reapplication: Under Vehicle Code § 13370 (c), reapplication may be made no sooner than one year from the effective date of a refusal, revocation or suspension except in cases where a longer period of withdrawal is required by law.
The 'dismissal for cause' certificate revocation under Vehicle Code § 13370 (b)(4) applies to a school bus (or any other bus driver certificate) driver who has been terminated from employment as a bus driver. 'Cause' means that the driver committed an act that compromised pupil transportation safety.
This is a discretionary action and hearings are allowed. The department is required to prove at the hearing that the employer notified the department of the dismissal. This can be done by receiving into evidence the employer's report of dismissal.
The department relies on the employer's determination that the dismissal involved pupil transportation safety, even if the relation to safety is not apparent to the department. If the employer's statement is incomplete or lacking the specific reason for the dismissal, the department can subpoena the employer. At the hearing, it will be determined whether the dismissal was for a cause involving pupil transportation safety.
Under Vehicle Code § 13372 , the department may refuse, revoke or suspend an ambulance driver certificate of any person who gives any cause, before or after issuance of the certificate, for discretionary refusal of certification. If there is an immediate risk to safety due to a physical or mental condition, an action under Vehicle Code § 13953 may be taken.
The department may refuse, revoke or suspend an ambulance driver certificate under the following conditions:
Reapplication: Under Vehicle Code § 13372( b), reapplication depends on the time period indicated by each of the above subdivisions. Some time periods are indefinite.
Example: Reapplication under Vehicle Code § 13372(b)(9) or 13372(b)(10) depends on the applicant meeting the medical standards or removal of the cause for irrational behavior or physical disability.
A court dismissal of a criminal conviction under Penal Code Section § 1203.4 is not treated as a dismissal for purposes of the certificate action. Such a dismissal means the applicant has successfully completed court imposed probation. However, the offense still remains a conviction for license and certificate purposes must be disclosed on the certificate application.
The certificate may be refused, suspended or revoked if the driver does not meet the minimum medical standards established by the department in Article 2.1, Sections § 28.18 and 28.19, of Title 13, California Code of Regulations. In addition to determining whether the driver meets the standards, the demands of the duties and responsibilities of an ambulance or school bus driver are considered.
These drivers must possess skills and abilities which exceed those of a regular commercial vehicle driver. Ambulance drivers must perform under emergency conditions, which may involve moving patients on stretchers for unknown distances and in situations such as stairways and other hazards. School bus drivers must cope with hazardous road conditions and children of various ages and degrees of physical mobility.
In evaluating the medical condition, elements such as the hours the driver works, scope of driving, mileage, driving record, and whether the driver compensates for the disability are considered.
The Hazardous Agricultural Materials Certificate (HAM) under Vehicle Code § 12804.2 is required by persons who transport agricultural hazardous material or waste without a commercial license. Individuals who are qualified for the HAM certificate are exempt from the HM endorsement requirement which is normally required to transport hazardous materials or waste.
To qualify, applicants must meet the commercial driver medical standards under Vehicle Code § 12804.9 , or be capable of compensating for any medical disability, and complete specialized training approved by the CHP. They must also meet the exemption criteria listed below:
HAM Sanctions: If the applicant does not meet the medical standards, the department will refuse to issue the HAM certificate. If the person becomes medically unqualified after the HAM certificate is issued, a restriction that 'the driver may not transport material requiring placards/markings per Vehicle Code § 27903 ' is added to the driver license and the driving record. The driver license must be surrendered to add the restriction.
Hearing requests are granted by the department under the following guidelines. Pursuant to Vehicle Code § 13371 , hearing request must be made in writing within 15 days from the date the order of action against the certificate is mailed. However, hearing requests for AMB certificate actions pursuant to Vehicle Code § 13374 must be made in writing within 10 days from the mail date. Refusals of original certificate and AMB certificates are not granted stays if there is reasonable cause to believe the stay would pose a significant risk to the safety of persons being transported.
Under Vehicle Code § 13371 (c) a person who has had a department hearing regarding a SCH, SPAB, YOB, VDDP or GPPV certificate, has an opportunity, following the hearing, to submit a written 'statement of exception' to the hearing officer's findings and proposed decision.
Upon receipt of the findings and proposed decision, the driver has 24 days after the mailing date to submit a written statement to the department. If the driver submits a statement, it is forwarded to the review board. The statement cannot contain new evidence or testimony not presented at the department hearing, unless the driver establishes to the satisfaction of the review board that the new evidence could not have been obtained with due diligence prior to the hearing.
Upon conclusion of a SCH, SPAB, YOB, GPPV, VDDP or AMB certificate hearing, the hearing officer submits written findings and a proposed decision to a review board located in Sacramento.
The bus driver Certificate Action Review Board and the Ambulance Review Board are each comprised of three members. Each board has a member appointed by the department and California Highway Patrol. In addition, the ambulance driver committee has a member from the Emergency Medical Health Service Authority, and the school bus driver board has a member from the Department of Education.
The members of the review boards render a final decision after a review of the findings and proposed decision. The board's decision may be to sustain, modify, or set aside the department's action. They may also remand a hearing back to the hearing officer if the hearing is incomplete or the recommendation is lacking soundness.
The department notifies the driver of the board's decisions.