California Vehicle Code 16075 – (a) The suspension provisions of this article shall not apply to …
(a) The suspension provisions of this article shall not apply to a driver or owner until 30 days after the department sends to the driver or owner notice of its intent to suspend his or her driving privilege, pursuant to subdivision (b) of Section 16070, and advises the driver or owner of his or her right to a hearing as provided in this section.
(b) If the driver or owner receiving the notice of intent to suspend wishes to have a hearing, the request for a hearing shall be made in writing to the department within 10 days of the receipt of the notice. Failure to respond to a notice of intent within 10 days of receipt of the notice is a waiver of the person‘s right to a hearing.
Terms Used In California Vehicle Code 16075
- County: includes every county and city and county within this State. See California Vehicle Code 270
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
(c) If the driver or owner makes a timely request for a hearing, the department shall hold the hearing before the effective date of the suspension to determine the applicability of this chapter to the driver or owner, including a determination of whether:
(1) The accident has resulted in property damage in excess of one thousand dollars ($1,000), or bodily injury, or death.
(2) The driver or owner has established evidence of financial responsibility, as provided in Article 3 (commencing with Section 16050), that was in effect at the time of the accident.
(d) A request for a hearing does not stay the suspension of a person’s driving privilege. However, if the department does not conduct a hearing and make a determination pursuant thereto within the time limit provided in subdivision (b) of Section 16070, the department shall stay the effective date of the order of suspension pending a determination.
(e) The hearing provided for by this section shall be held in the county of residence of the person requesting the hearing. The hearing shall be conducted pursuant to Article 3 (commencing with Section 14100) of Chapter 3 of Division 6.
(f) The department shall render its decision within 15 days after conclusion of the hearing.
(g) This section shall become operative on January 1, 2017.
(Repealed (in Sec. 34) and added by Stats. 2015, Ch. 451, Sec. 35. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)