Chapter 1.5. Traffic Violator Schools of California Vehicle Code >> Division 5. >> Chapter 1.5.
(a) The department shall license schools for traffic
violators for purposes of Section 41501 or 42005 and to provide
traffic safety instruction to other persons who elect to attend. A
person may not own or operate a traffic violator school or, except as
provided in Section 11206, give instruction for compensation in a
traffic violator school without a currently valid license issued by
(b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:
"Course content is limited to traffic violator curricula approved
by the Department of Motor Vehicles. Students in the classroom
include traffic offenders, repeat traffic offenders, adults, and
teenagers, and those who have and those who have not been referred by
a court. Instructor training, business regulatory standards, and
Vehicle Code requirements of traffic violator schools are not equal
to the training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code Section 11200(b)(1))."
(2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
(3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
(c) New and modified departmental regulations necessitated by this
section shall be adopted and effective no later than September 1,
(d) A licensed traffic violator school shall notify the court by
posting on the department's Web-based database established pursuant
to subdivision (b) of Section 11205 information regarding successful
(e) A licensed traffic violator school shall give every person who
attends the school for purposes of Sections 41501 or 42005, upon
successful completion of the lesson plan and passage of the
postlesson knowledge test, a receipt indicating successful
completion. The receipt shall include contact information, including
the name of the traffic violator school, address of the school's
business location, name of the course instructor if classroom-based,
telephone number, e-mail address if appropriate, hours of operation,
and any other information that may be used to confirm course
(f) This section shall become operative on September 1, 2011.
(a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
(1) Maintain an established place of business in this state that
is open to the public. An office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, shall not be situated within 500 feet of any
court of law.
(2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs that may reasonably foster
the knowledge, skills, and judgment necessary for compliance with
traffic laws. The department shall establish standards for each
instructional modality, which may include requirements specific to
each modality. The standards may include, but are not limited to,
classroom facilities, school personnel, equipment, curriculum,
procedures for the testing and evaluation of students, recordkeeping,
and business practices.
(3) Procure and file with the department a bond of fifteen
thousand dollars ($15,000) for home study schools and two thousand
dollars ($2,000) for classroom-based schools executed by an admitted
surety and conditioned upon the applicant not practicing fraud or
making a fraudulent representation that will cause a monetary loss to
a person taking instruction from the applicant or to the state or
any local authority.
(4) Have the proper equipment necessary for giving instruction to
(5) Have a lesson plan approved by the department, except as
provided for in paragraph (2) of subdivision (c), and provide not
less than the minimum instructional time specified in the approved
plan. The approved plan shall include a postlesson knowledge test.
The lesson plan for each instructional modality shall require
separate approval by the department.
(6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of a claim for damages suffered by
a person by the applicant's violation of a provision of this code
committed in relation to the specifications of the applicant's
traffic violator school or a condition of the bond required by
(B) The applicant shall stipulate in the instrument that a process
directed to the applicant, when personal service cannot be made in
this state after due diligence, may be served instead upon the
director or, in the director's absence from the department's
principal offices, upon an employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or a condition of the bond.
(C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
(D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
(E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint are, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiff's attorney to the surety on the licensee'
s bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
(F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
(G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
(7) (A) Meet the requirements of Section 11202.5, relating to
traffic violator school operators, if the owner is also the operator
of the traffic violator school. If the owner is not the operator of
the traffic violator school, the owner shall designate an employee as
operator who shall meet the requirements of Section 11202.5.
(B) A person may be an operator for more than one traffic school
if (i) the schools have a common owner or owners and (ii) the schools
share a single established business address.
(C) A traffic violator school with multiple branch locations may
designate a separate operator for each location, but shall designate
one of the operators as the primary contact for the department.
(8) Have an instructor who meets the requirements of Section
11206. An owner who is designated as the operator for the school is
authorized to act as an instructor without meeting the requirements
of Section 11206. The owner license may also include authorization to
act as an instructor if the owner is not designated as the operator
but meets the requirements of Section 11206. The owner license shall
specify if the owner is authorized to offer instruction. If the owner
is not approved to act as an instructor, the school must employ an
instructor licensed pursuant to Section 11206.
(9) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
(b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee are required.
(c) A court-approved program that was in operation prior to July
1, 2011, shall file an application for licensure as a traffic
violator school by March 1, 2012. A court shall not approve a traffic
violator school program after July 1, 2011.
(1) A court-approved program may continue to operate as approved
by a court until the department makes a licensing decision.
(2) The department shall approve or deny all completed
applications filed pursuant to this subdivision no later than
December 31, 2012.
(3) A court-approved program shall be exempt from paragraph (5) of
subdivision (a). The licensed program may continue to use the
curriculum approved by the court until the department establishes
curriculum standards in regulation. The court-approved program must
comply with the new curriculum standards by the effective date
established in regulation.
(d) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
(e) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
(f) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location, and
prominently displayed on a home study or Internet program, stating
that any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time may be guilty of violating Section
134 of the Penal Code.
(g) This section shall become operative on September 1, 2011.
(a) The department shall license traffic violator school
operators. A person shall not act as a traffic violator school
operator without a currently valid license issued by the department,
unless the person is an owner/operator and is so designated on the
owner's license. Every person, in order to qualify as a traffic
violator school operator, shall meet all of the following criteria in
order to be issued a traffic violator school operator's license:
(1) Have not committed any act which, if the applicant were
licensed as a traffic violator school operator, would be grounds for
suspension or revocation of the license.
(2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, traffic violator school
statutes and regulations, and office procedures and recordkeeping.
(3) Be 21 years of age or older.
(4) Have successfully completed an educational program of not less
than four hours. The program shall include, but is not limited to,
operator responsibilities, current laws, and the regulations in
Article 4 of Title 13 of the California Code of Regulations. The
instruction may be provided by generally accredited educational
institutions, private vocational schools, and education programs and
seminars offered by professional societies, organizations, trade
associations, and other educational and technical programs that meet
the requirements of this section.
(5) Provide a certification from the owner that the applicant has
the knowledge necessary to perform the duties of the operator.
(b) All the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the required fee.
In lieu of the bond otherwise required by paragraph (3) of
subdivision (a) of Section 11202, the applicant may make a deposit
pursuant to Article 7 (commencing with Section 995.710) of Chapter 2
of Title 14 of Part 2 of the Code of Civil Procedure. The director
may order the deposit returned at the expiration of three years from
the date a traffic violator school licensee has ceased to do
business, or three years from the date a licensee has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A superior court may, upon petition,
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the court that there are no
outstanding claims against the deposit. If either the director,
department, or state is a defendant in any civil action instituted to
recover all or any part of the deposit, or any civil action is
instituted by the director, department, or state to determine those
entitled to any part of the deposit, the director, department, or
state shall be paid reasonable attorney fees and costs from the
deposit. Costs shall include those administrative costs incurred in
processing claims against the licensee recoverable from the deposit.
If the state or any of its political subdivisions suffers
any loss or damage by reason of any fraudulent practice or
representation or by reason of any violation of this division by a
traffic violator school owner, the department may bring a cause of
action against the traffic violator school owner and the surety upon
the owner's bond.
(a) The department shall issue a license certificate to each
traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter. The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department. The license shall
be renewed annually. The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner. The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
(b) (1) In lieu of the examination required by Section 11202.5 for
renewal of the license of a traffic violator school operator, the
department may accept submission of evidence by the licensee of
continuing professional education.
(2) "Professional education," as used in paragraph (1), means the
satisfactory completion of courses acceptable to the department
related to traffic safety, teaching techniques, or the teaching of
driver instruction, or the participation in professional seminars
approved by the department.
(c) Whenever in its judgment the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the conduct of the
traffic violator school. The conditions to be attached to the license
shall be any that may, in the judgment of the department, be in the
public interest and suitable to the qualifications of the applicant
as disclosed by the application and investigation by the department
of the information contained therein. The conditions may not appear
on the license certificate.
(d) Upon notification of the death of a traffic violator school
licensee, the department may issue a temporary license to the
executor or administrator of the estate of a deceased holder of a
validly outstanding license to conduct a traffic violator school, or
if no executor or administrator has been appointed and until a
certified copy of an order making an appointment is filed with the
department, a temporary license may be issued to the surviving spouse
or other heir entitled to conduct the business of the deceased. The
temporary license shall permit the holder to conduct the traffic
violator school for a period of one year from and after the date of
the original licensee's death, and necessary one-year extensions may
be granted to permit disposal of the business and qualification for a
license of a purchaser of the business or the surviving spouse or
heir. The department may restrict or condition a temporary license
and attach to the exercise of the privilege thereunder any terms and
conditions that in the department's judgment are required for the
protection of the public.
(a) The department shall provide a list of licensed traffic
violator schools on its Internet Web site. For each licensed school,
the list shall indicate the modalities of instruction offered and
specify the cities where classroom instruction is offered. The
sequential listing of licensed schools shall be randomized daily.
(b) When a court or traffic assistance program (TAP) provides a
hard copy list of licensed traffic violator schools to a traffic
violator, the court or TAP shall provide only a current date-stamped
list downloaded from the department's Internet Web site. The hard
copy list shall be as current as practicable, but in no event shall a
list be distributed with a date stamp that is more than 60 days old.
(c) The department shall, by April 1, 2012, develop a Web-based
database that will enable the department, the courts, and traffic
violator schools to monitor, report, and track participation and
course completion. Traffic violator schools shall update course
information within three business days of class completion and
provide to the courts class completion information on a daily basis.
(d) This section shall become operative on September 1, 2011.
Until January 1, 2013, the fee authorized in subdivision
(d) of Section 11205.2, and after January 1, 2013, the fee authorized
in subdivision (c) of Section 11205.2, shall be applicable only in
those instances where a traffic violator has agreed to attend or has
been ordered to attend a traffic violator school pursuant to Section
41501 or 42005.
(a) As used in this chapter, a traffic assistance program
(TAP) is a public or private nonprofit agency that provides services,
under contract with a court to process traffic violators or under
contract with the department to assist in oversight activities.
(b) A court may use a TAP to assist the court in performing
services related to the processing of traffic violators. As used in
this section, "services" means those services relating to the
processing of traffic infraction cases at, and for, the court,
including printing and providing to the court and traffic violators
hard copy county-specific lists printed from the department's
Internet Web site, administratively assisting traffic violators, and
any other lawful activity relating to the administration of the court'
s traffic infraction caseload.
(c) The court may charge a traffic violator a fee to defray the
costs incurred by a TAP for traffic case administration services
provided to the court pursuant to subdivision (b). The court may
delegate collection of the fee to the TAP. Fees shall be approved and
regulated by the court. The fee shall not exceed the actual costs
incurred by the TAP for the activities authorized under subdivision
(d) This section shall become operative on January 1, 2013.
(a) The department may use a traffic assistance program
(TAP), or until January 1, 2013, a CAP established pursuant to
Section 11205.2, for monitoring of licensed traffic violator schools,
including, but not limited to, audits, inspections, review and
examination of business records, class records, business practices,
the content of the program of instruction set forth in the lesson
plan, or curriculum of a licensee. Inspection includes, but is not
limited to, the review of the business office, branch office, and
applicable classroom facilities of a licensee. Monitoring includes
onsite review of actual presentation of the traffic safety
instruction provided in a classroom and any other activity deemed
necessary to ensure high-quality education of traffic violators.
(b) This section shall become operative on September 1, 2011.
(a) The department shall license traffic violator school
instructors. Except as exempted by this section, no person shall act
as a traffic violator school instructor without a currently valid
instructor's license issued by the department. Every person, in order
to qualify as a traffic violator school instructor, shall meet all
of the following requirements before an instructor's license may be
(1) Have a high school education.
(2) Within three attempts, pass an examination, as required by the
department, on traffic laws, safe driving practices, operation of
motor vehicles, and teaching methods and techniques.
(3) Hold a currently valid California driver's license, which is
not subject to probation pursuant to Section 14250 due to the
applicant being a negligent operator within the meaning of Section
12810 or 12810.5. The applicant's driving record shall not have any
outstanding notice for violating a written promise to appear in court
or for willfully failing to pay a lawfully imposed fine, as provided
in Section 40509.
(4) Be 18 years of age or older.
(b) All the qualifying requirements specified by this section
shall be met within one year from the date of application for a
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the requisite
(c) A license issued pursuant to this section is not required to
provide instruction to traffic violators in a public school or other
public educational institution by a person holding a valid teaching
credential with satisfactory training or experience in the subject
area, as determined by the department. Persons exempt from licensure
under this section are not required to obtain a license certificate
pursuant to Section 11207.
Each applicant for a license as a traffic violator school
owner, traffic violator school operator, or traffic violator school
instructor shall submit an application to the department on the forms
prescribed by the department. The applicant shall provide the
department with any information concerning the applicant's character,
honesty, integrity, and reputation which the department may consider
(a) The department shall issue a license certificate to each
traffic violator school instructor when it is satisfied that he or
she has met the qualifications required under this chapter. The
original instructor license and any license renewed pursuant to
subdivisions (b) and (c) shall be valid for a period of three years
from the date of issuance unless canceled, suspended, or revoked by
(b) Every application for the renewal of a traffic violator school
instructor license may be made by the licensee prior to the
expiration date of the license by presenting to the department a
completed application on a form provided by the department. In no
event shall a traffic violator school instructor renew the license
after the date of expiration.
(c) The department shall require all of the following for the
renewal of an instructor's license:
(1) Compliance with Section 11206, except subdivision (c) thereof.
(2) Satisfactory completion of an examination as provided in
Section 11206 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
(d) When, in its judgment, the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the exercise of the
privilege granted. The conditions to be attached to the license shall
be such as may, in the judgment of the department, be in the public
interest and suitable to the qualifications of the applicant, as
disclosed by the application and investigation by the department of
the information contained therein.
(a) The department shall charge a fee, to be determined by
the department, for the following traffic violator school program
(1) Original issuance of a traffic violator school owner,
operator, instructor, and branch or classroom location license.
(2) Renewal of a traffic violator school owner, operator,
instructor, and branch or classroom location license.
(3) Issuance of a duplicate or corrected traffic violator school
owner, operator, instructor, and branch or classroom location
(4) Transfer of an operator or instructor license from one traffic
violator school to another.
(5) Approval of curriculum, based on the instructional modality of
(6) Fees for administering the examinations pursuant to Sections
11206 and 11207.
(b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the traffic
violator school program, except for routine monitoring of
(c) A single administrative fee shall be assessed against, and
collected by the court pursuant to Section 42007.1 from, each driver
who is allowed or ordered to attend traffic violator school. Included
in this fee shall be an amount determined by the department to be
sufficient to defray the cost of routine monitoring of traffic
violator school instruction.
(d) This section shall become operative on September 1, 2011.
Any traffic violator school owner, traffic violator school
operator, or traffic violator school instructor required to be
licensed under this chapter who fails to renew the license before the
expiration of the license may not renew that license, but may
reapply for an original license pursuant to this chapter. For
purposes of this section, a license that has been canceled may not be
renewed and a license that is suspended or revoked may not be
renewed, until reinstatement or reissuance by the department. If the
period of suspension or revocation extends beyond the expiration of a
license, it may not be renewed, but the person may apply for a new
Pending determination by the department that an applicant
for a license fully satisfies the requirements of this chapter, the
department may issue a temporary permit to the applicant. A temporary
permit may authorize the operation of a traffic violator school or
acting as a traffic violator school operator or traffic violator
school instructor for a period not to exceed 120 days while the
department is completing its investigation and determination of all
facts relative to the qualifications of the applicant for the
The department may cancel a temporary permit when it has
determined or has reasonable cause to believe that the application is
incorrect or incomplete or the temporary permit was issued in error.
A temporary permit is invalid upon cancellation or once the
applicant has been issued or denied the license applied for.
(a) The department may refuse to issue a license to any
applicant under this chapter when it finds and determines that any of
the following exist:
(1) The applicant was previously the holder of a license under
this chapter which was revoked or suspended.
(2) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
(3) The applicant has done any act or series of acts which would
be a cause for suspension or revocation of licensure under Section
11215, regardless of whether the applicant was licensed under this
chapter at the time of the act or acts.
(4) If the applicant is a business, a business representative was
the holder of a previously issued license under this chapter that was
suspended or revoked or has done any act or series of acts which
would be a cause for suspension or revocation of a license under
Section 11215, regardless of whether the business representative was
licensed under this chapter at the time of the act or acts.
(5) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that both of the following will occur:
(A) The policy or operation of the business will be directed,
controlled, or managed by an individual who, by reason of an act,
series of acts, or conduct described in paragraph (3) or (4), would
be ineligible for a license.
(B) By licensing the business, the purposes of this division would
(6) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license under
(7) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime, or committed any act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license under this
chapter, the applicant is entitled to a hearing upon demand in
writing submitted to the department within 60 days after notice of
refusal. The hearing shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(c) A person whose license has been revoked or application for a
license has been refused may reapply for the license after a period
of not less than one year has elapsed from the effective date of the
decision revoking the license or refusing the application.
(a) Every owner licensed under this chapter shall keep a
record at the traffic violator school's primary business location
showing all of the following for each student:
(1) The name and address and license number of the traffic
violator school providing instruction.
(2) The name and address of each person given instruction.
(3) The instruction permit number or driver's license number of
every person given instruction.
(4) The name and number of the license issued pursuant to Section
11207 of the traffic violator school instructor.
(5) The particular type of instruction given and the date or dates
of the instruction.
(6) A statement as to whether the approved lesson plan was
(7) The total number of hours of instruction.
(8) The total cost to the student of the instruction, which shall
not exceed the amount of the fee represented or advertised by the
traffic violator school at the time of the student's enrollment.
(9) The court docket number under which the student was referred
to a traffic violator school.
(10) The number of the completion certificate issued to the
student pursuant to subdivision (e) of Section 11208 and, if
different, the number of any copy thereof issued to the student.
(b) The records shall be retained for a minimum of three years and
shall be open to the inspection during business hours and at all
other reasonable times by the department, the court, a private entity
providing monitoring pursuant to Section 11222, the Legislative
Analyst, and the State Auditor or authorized employees thereof, but
shall be only for confidential use.
(c) Whenever a licensee suspends or terminates the licensed
activity, the licensee shall surrender the records specified in
subdivision (a) to the department for examination not later than the
end of the third day, excluding Saturdays, Sundays, and legal
holidays, after the date of suspension or termination. The department
may duplicate or make a record of any information contained therein.
All these records shall be returned to the licensee not later than
30 days after the date of surrender.
(d) The address of any person kept pursuant to paragraph (2) of
subdivision (a) shall only be used by the school for school
(a) Every traffic violator school owner licensed pursuant to
this chapter shall notify the department within 10 days of any
change in the ownership or corporate structure of the licensee.
(b) Every traffic violator school owner shall immediately notify
the department of the following activities:
(1) Change of the site or location of the school's established
principal place of business.
(2) Addition or deletion of a traffic violator school branch or
(c) Every traffic violator school operator and traffic violator
school instructor licensed pursuant to this chapter shall report to
the department every change of residence address within five days of
(d) The department may require persons licensed pursuant to this
chapter to submit additional reports as determined necessary by the
department to serve the purposes of this chapter.
(a) Except as provided in this chapter, the department may
audit, inspect, and monitor, all licensed traffic violator schools.
(b) The department may annually audit the records of a licensee.
Auditing includes, but is not limited to, the review and examination
of business records, class records when applicable, business
practices, and the content of the program of instruction set forth in
the lesson plan or curriculum of a licensee.
(c) Inspecting includes, but is not limited to, the review of the
business office, branch office, and applicable classroom facilities
of a licensee.
(d) Monitoring includes the onsite review of the actual
presentation of the program of traffic safety instruction provided in
a classroom mode of instruction.
The department, after notice and hearing, may suspend or
revoke a license issued under this chapter if any of the following
(a) The department finds and determines that the licensee ceases
to meet any requirement to obtain a license under this chapter.
(b) The holder fails to comply with, or otherwise violates, a
provision of this chapter or a regulation or requirement of the
department adopted pursuant to this chapter.
(c) The licensee engages in fraudulent practices with respect to
its activities licensed under this chapter or induces or fails to
promptly report to the department any known fraud or fraudulent
practices on the part of an employee of the traffic violator school.
(d) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe that the licensee was in fact an employee or
representative of the department, or whenever the licensee
advertises, in any manner or means, a statement that is untrue or
misleading and that is known, or that by the exercise of reasonable
care should be known, to be untrue or misleading.
(e) The licensee or an employee or agent of the licensee collects
fees for or preregisters a person in traffic violator school or
solicits traffic violator school instruction in an office of the
department or in a court or within 500 feet of a court.
(f) The licensee is convicted of violating Section 20001, 20002,
20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of
this code or subdivision (b) of Section 191.5 or Section 192 of the
Penal Code. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(g) The traffic violator school owner teaches, or permits an
employee to teach, traffic safety instruction without a valid
(h) The traffic violator school owner does not have in effect a
bond as provided in paragraph (3) of subdivision (a) of Section 11202
or a deposit in lieu of the bond, as specified in Section 11203.
The department, after notice and hearing, may also suspend
or revoke any license issued under this chapter when any of the
following circumstances exist:
(a) If the main business office of the traffic violator school is
located in any county with a population of 400,000 or more in which
the traffic violator school conducts its instructional program, and
the main business office does not maintain office hours during the
time that the day courts in that county are open for business. This
subdivision shall not apply to public schools.
(b) If the licensee is found by the department to be selling, or
knowingly permitting the sale of, completion certificates.
(c) If the licensee is found by the department to be intentionally
cutting instructional time short.
(d) If the licensee is found by the department to be intentionally
diverting any student to a traffic school other than the school
initially contacted by that student, without disclosure to that
student, through the use of the department's list of licensed traffic
Any of the causes specified in this chapter as a cause for
refusal to issue a license under this chapter is cause to suspend or
revoke a license under this chapter.
Any license issued to a traffic violator school owner under
this chapter shall be automatically canceled upon the happening of
any of the following:
(a) The abandonment of the established place of business or the
change thereof without notice to the department pursuant to Section
(b) The failure to maintain an adequate bond or to procure and
file another bond, as required by Section 11202, prior to the
effective date of the termination by the surety of any existing bond.
(c) The voluntary or involuntary surrender of the license, except
that a surrender or cessation of business by the licensee, or the
suspension or revocation of the corporate status of the licensee,
does not preclude the department from filing an accusation for
revocation or suspension of the surrendered license, as provided in
Section 11215 or 11215.5, or affect the department's decision to
suspend or revoke the license.
(d) Notification to the department that the person designated as
the licensee has changed.
(e) Suspension or cancellation of the corporate status of the
(a) Any license issued to the owner or operator of a
traffic violator school under this chapter shall be automatically
suspended for 30 days by the department if the department has been
notified that more than one final determination has been made that
the traffic violator school has violated a student's rights under the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101, et seq.) or any other federal or state law prohibiting
discrimination against individuals with disabilities. The final
determination shall be made by a federal or state court of competent
jurisdiction or an appropriate federal or state administrative
agency, including, but not limited to, the Department of Fair
Employment and Housing, or any combination thereof.
For the purpose of this subdivision, "final determination" means
that no further appeal of a determination can be taken to any court
because the time period for the appeal has expired.
(b) If a traffic violator school subject to suspension under this
section is operated by a traffic school operator licensed pursuant to
Section 11202.5 who is operating other traffic schools, the licenses
of the owners of those traffic schools operated by that traffic
school operator also shall be suspended for the 30-day period.
(a) The department, after notice and hearing, on an
interim basis, may refuse to issue or may suspend a license issued
under this chapter when the applicant or licensee, or a business
representative if the applicant or licensee is a business, has been
convicted of a crime involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity, if an appeal of the conviction is pending or the conviction
has otherwise not become final. A conviction after a plea of nolo
contendere is a conviction within the meaning of this section.
(b) If a conviction, on which an interim refusal to issue or
suspension under subdivision (a) is based, is affirmed on appeal or
otherwise becomes final, the refusal to issue or the suspension shall
automatically take effect as a denial or revocation, as the case may
be, of the license. If the interim refusal to issue or suspension
was stayed under probationary terms and conditions, the subsequent
automatic denial or revocation shall also be stayed under the same
terms and conditions for a term not to exceed the original term of
probation for the interim refusal to issue or suspension.
(c) If a conviction, upon which an interim refusal to issue or
suspension under subdivision (a) is based, is reversed on appeal, the
refusal or suspension shall be set aside immediately by the
(a) Every licensee under this chapter is entitled to notice
and hearing prior to suspension or revocation of the license by the
department, except that the department shall immediately suspend the
license pursuant to subdivision (e) for any act of fraud specified in
subdivision (c) or (d) of Section 11215.
(b) Before reinstatement of any license suspended pursuant to
subdivision (a) of Section 11215, the licensee shall pay the
department a reinstatement fee of five dollars ($5).
(c) The notice and hearings provided for in this division shall be
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
(d) Any action of the department, in suspending, canceling,
revoking, or failing to renew a license issued pursuant to this
chapter, may be reviewed by any court of competent jurisdiction.
(e) The department may, pending a hearing, temporarily suspend the
license or permit of any traffic violator school owner, operator, or
instructor for a period of not more than 30 days if the director
finds that the public interest so requires. In that case, a hearing
shall be held and a decision issued within 30 days after issuance of
the notice of temporary suspension.
(f) The suspension, expiration, or cancellation of a license
issued pursuant to this chapter does not preclude the filing of an
accusation for the revocation or suspension of the suspended,
expired, or canceled license, and does not invalidate or otherwise
preclude a decision by the department to suspend or revoke the
license, and this determination may be considered by the department
in granting or refusing to grant any subsequent license under this
chapter to the same licensee or to any business representative of the
Any owner licensed under this chapter who has closed his
or her established place of business or any operator or instructor
currently or previously licensed under this chapter who no longer
resides at the address last filed with the department, may be served
with process issued pursuant to Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code by
registered mail at that place of business, in the case of an owner,
or at that residence, in the case of an operator or instructor,
unless the person has notified the department in writing of another
address where service may be made.
(a) After the filing of an accusation under this chapter,
the director may enter into a stipulated compromise settlement
agreement with the consent of the licensee on terms and conditions
mutually agreeable to the director, the respondent licensee, and the
accuser without further hearing or appeal. The agreement may include,
but is not limited to, a period of probation or monetary penalties,
or both. The monetary penalty shall not exceed one thousand dollars
($1,000) per violation for a traffic violator school owner or five
hundred dollars ($500) per violation for traffic violator school
operators or instructors, and shall be based on the nature of the
violation and the effect of the violation on the purposes of this
(b) A compromise settlement agreement may be entered before,
during, or after the hearing, but is valid only if executed and filed
pursuant to subdivision (d) before the proposed decision of the
hearing officer, if any, is adopted or the case is decided.
(c) The department shall adopt, by regulation, a schedule of
maximum and minimum amounts of monetary penalties, the payment of
which may be included as a term or condition of a compromise
settlement agreement entered under subdivision (a). Any monetary
penalty included in a compromise settlement agreement shall be within
the range of monetary penalties in that schedule.
(d) Any compromise settlement agreement entered under this section
shall be signed by the director, the respondent licensee, and the
accuser, or by their authorized representatives. The director shall
file, or cause to be filed, the agreement with the Office of
Administrative Hearings, together with the department's notice of
withdrawal of the accusation or statement of issues upon which the
action was initiated, unless that accusation or statement has not yet
been forwarded to the Office of Administrative Hearings.
(e) If the respondent licensee fails to perform all of the terms
and conditions of the compromise settlement agreement, the agreement
is void and the department may take any action authorized by law
notwithstanding the agreement, including, but not limited to,
refiling the accusation or imposing license sanctions.
The director may prescribe rules and regulations for traffic
violator schools regarding the conduct of courses of education
including curriculum, facilities, and equipment. The curriculum shall
include, but is not limited to, the rights and duties of a motorist
as they pertain to pedestrians and the rights and duties of a
pedestrian as they relate to traffic laws and traffic safety. The
director may also prescribe rules and regulations for the conduct of
instructor training courses.
The curriculum prescribed pursuant to Section 11219 shall
include, but is not limited to, the following:
(a) The rights and duties of a motorist as they pertain to
(b) The rights and duties of a pedestrian as they relate to
traffic laws and traffic safety.
(c) Information that emphasizes respecting the right-of-way of
others, particularly with respect to pedestrians, bicycle riders, and
(a) A traffic violator school shall issue a receipt for a
fee collected by the traffic violator school from a person who
registers for, attends, or completes a program of instruction in
traffic safety at the licensed traffic violator school.
(b) In the event of a cancellation of a scheduled class, a
licensee under this chapter shall not be required by the department
to provide a program of instruction in traffic safety to a person for
a fee that is less than the standard fee normally charged by the
licensee for its program, if a notice of cancellation of a class is
given to a student at least 72 hours prior to the start of the class,
or if the class was canceled based upon exigent circumstances beyond
the control of the licensee.
The department may require any person licensed under this
chapter to submit to a reexamination of his or her qualifications
when there is reasonable cause to believe that the licensee does not
have the ability to give instruction. If the licensee refuses or
fails to submit to the reexamination, the department may, without a
hearing, temporarily suspend his or her license until such time as
the licensee submits to the reexamination. The suspension shall be
effective upon receipt of notice by the licensee.
The department may contract with a nongovernmental entity to
administer any part of this chapter, subject to limitations in other
laws regarding contracting out for services. No contract shall
exceed three years' duration. The contracting entity, and any
affiliate or subsidiary thereof monitoring traffic violator schools,
shall conform to all of the following requirements:
(a) Engage in no other business activity with traffic violator
schools or any of the principals of the traffic violator schools,
including the provision of services or supplies.
(b) Provide reports in statistical form to the department and to
the Legislature as instructed by the department. These reports shall
be issued not less frequently than annually.
(c) Make its records available for inspection by authorized
representatives of the department, the Legislative Analyst, and the