Negligent Operator Actions
The California DMV will take action against a driver if they accrue too many points in a given period of time. Negligent operator points are added to the driving record upon receipt of conviction notices from courts and reports of at fault collisions from law enforcement. The DMV shall consider all evidence submitted in reaching a final determination with regard to the driver’s negligent operator status. The licensee is entitled to a negligent operator hearing to challenge the DMV from taking action against a California driver and their license.
Determining Point Count
Traffic convictions are assessed negligent operator point values ranging from 0 up to 3 points. A major conviction when operating a commercial vehicle, is given a 3-point count. An at-fault collision is counted as 1 point. Vehicle Code 12810 requires the department to assign 1 point to any conviction “involving the safe operation of a motor vehicle upon the highway.” All 2 point convictions are mandated by the Vehicle Code.
Commercial Vehicle conviction/collision points
Under Vehicle Code 12810.5(b)(2), a conviction is assessed one or two points. Under VC12810, any vehicle requiring a Class A or B license is given a point count of 1 ½ times its usual value.
Out of State Convictions and Collisions
The department assesses negligent operator points for traffic convictions and at-fault collisions California drivers receive in other states. Under 13363, a determination is made whether the same violation, if committed in California, would be assessed a negligent operator point count. Points resulting from out-of-state convictions or collisions may form the basis for a negligent operator action.
Negligent Operator warning letters
Point count |
Time Period |
|
Level 1 Warning Letter |
2 |
12 months |
4 |
24 months |
|
6 |
36 months |
|
Point count |
Time Period |
|
Level 2 Notice of intent to suspend |
3 |
12 months |
5 |
24 months |
|
7 |
36 months |
|
Point count |
Time Period |
|
Level 3 Probation/suspension |
4 |
12 months |
6 |
24 months |
|
8 |
36 months |
Probation/Suspension of Driving Privilege
Under VC12810.5, the driver is presumed a “prima facie” negligent operator. Prima facie evidence is evidence sufficient to establish a given fact and if not rebutted will remain sufficient. The action is a 1 year probation which includes a 6-month suspension which runs concurrently. The action is effective 34 days from the date the order is mailed.
Violation of Negligent Operator Probation
An additional six-month suspension will be imposed, and the probation will be extended for one year from the violation of probation if the following occurs while the driving privilege is suspended if (1) the driver receives any violation while operating a motor vehicle, or (2) the driver is involved in a collision regardless of fault. Upon a third violation of probation, a one-year revocation of the driving privilege is imposed.
Negligent Operator Hearing
The purpose of the negligent operator hearing is to consider the driver’s record, including mitigating/aggravating circumstances, decide whether the driver should be classified as a negligent operator under the point count system, and determine whether any action against his/her driving privilege is needed. The driver must be given the opportunity to produce evidence and testify in detail regarding his/her driver record. The hearing action must be supported by a preponderance of evidence.
Issues at the Negligent Operator Hearing
Patterns of violations and collisions will be compared to the driver’s proposed corrective measures and weighed in evaluating whether the driver’s plans for improvement are reasonable and credible. Mitigating factors offered by the driver to lessen the degree of negligence includes the driver’s use of the vehicle for work, school, medical treatments, or other routine activities the driver regards as significant. Drivers “mileage traveled” includes both employment and nonemployment mileage. In some cases, the driver may present mitigation relating to hardship including:
- The driver is a major contributor or sole provider of his or her family income
- Alternative transportation is not available for significant, routine activities, such as school, medical treatments, or employment
Possible decisions AFTER the hearing.
Action |
Defined |
Sustain |
Original action remains in effect. |
Probation and Modified Suspension Period |
Used following a hearing when the action is in effect. |
Probation, Suspension and/or Restriction |
Used following a hearing when a probation and suspension is modified to a probation with restriction. |
Probation |
Used to monitor the driver’s record and includes conditions of driving, such as obeying traffic laws and remaining free of collision responsibility. |
Set Aside (Lack of Evidence) |
Used when the basis for an action is not supported by the department’s evidence. |
Set Aside (Non-Receipt of NOTS Order) |
Used when evidence exists that a driver was unaware of a NOTS action, because the initial NOTS service order was not received. |
No Action (Driver Does Not Appear) |
If a driver does not appear for a hearing and presents no information to rebut or contest the prima facie record, the driver has withdrawn his or her right to a hearing. |
End Action |
Used to terminate a prior department action. |
Vehicle Code Violations used in Negligent Operator Counts
Violation points are assigned to Vehicle Code sections involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned. The department may suspend and place on probation, or revoke, the driving privilege of a negligent operator.
Per Vehicle Code section 12810.5a, a Class C negligent operator has:
- 4 or more points in 12 months,
- 6 in 24 months, or
- 8 in 36 months.
Although a Class A or B driver without a special certificate may be allowed 2 additional points, a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed (12810.5b VC). A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).
One Point Count California Vehicle Code Violations
Section |
Violation |
2800 |
Disobedience to traffic officer |
2800.1 |
Evading peace officer |
2801 |
Disobedience to fire official |
2803, 2803a, 2803b, 2803c |
Unsafe vehicle load |
2815 |
Disregarding non-student crossing guard |
2816 |
Youth bus/children crossing highway |
2817 |
Disregarding funeral escort officer |
2818 |
Crossing safety flares/cones |
14603 |
Violation of license restrictions |
21100.3 |
Disregarding traffic officer’s directions |
21209, 21209a |
Driving in bicycle lane |
21367, 21367a, 21367b, 21367c |
Disobedience to traffic signs/controller |
21451, 21451a, 21451b |
Illegal movement/green light/arrow |
21452, 21452a |
Illegal movement/yellow light/arrow |
21453, 21453a, 21453b, 21453c |
Illegal movement/red/light/arrow |
21454, 21454a – d, 21455 |
Traffic signals |
21457, 21457a, 21457b |
Disobedience to flashing signals |
21460a, 21460b |
Double lines/one broken line |
21460.5c |
Use of two-way left turn lane |
21461, 21461a, 21462 |
Disobedience to traffic control device |
21650, 21650a – f |
Keep right |
21651, 21651a |
Crossing divided highway |
21652 |
Entering highway from service road |
21654, 21654a, 21654b, 21655, 21655b |
Lane use/slow moving vehicle |
21655.8 |
High-occupancy vehicle lane/entering/exiting |
21656 – 21662, 21662a, 21662b |
Improper lane use |
21663 |
Driving on sidewalk |
21664 |
Freeway ramp/entering/exiting |
21700 |
Load obstructing driver’s view |
21701 |
Interfering with driver’s control of vehicle |
21702, 21702a, 21702b |
Driving hours limitation |
21703, 21704, 21704a, 21705, 21706 |
Following too closely |
21707 |
Driving in fire area |
21709 |
Driving in safety zone |
21711 |
Towed vehicle swerving |
21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b |
Unlawful riding/towing |
21717 |
Turning across bicycle lane |
21750 – 21757, 21758, 21759 |
Illegal passing |
21800 – 21804, 21804a, 21804b |
Right-of-way |
21805, 21805b |
Yielding right-of-way to horseback rider |
21806, 21806a |
Yielding right-of-way to emergency vehicle |
21807 |
Unsafe operation of emergency vehicle |
21950, 21950a, 21951, 21952 |
Yielding right-of-way to pedestrian |
21954, 21954b |
Due care for pedestrian on roadway |
21960a |
Prohibited use of freeway |
21963 |
Yielding right-of-way to blind pedestrian |
22100 – 22105 |
Turning and U-turns |
22106 |
Unsafe starting/backing of vehicle |
22107 – 22111, 22111a, 22111b, 22111c |
Signaling turns and stops |
22112, 22112a |
School bus signaling |
22348, 22348a, 22348c |
Speed/use of designated lanes |
22349, 22349.5 |
Maximum speed |
22350, 22351, 22352, 22352a, 22352b |
Basic/prima facie speed limit |
22354, 22355 |
Exceeding posted/freeway speed limit |
22356, 22356b |
Maximum speed 70 mph |
22357, 22358.4 |
Speed in excess of local limits |
22359, 22360, 22361 |
Speed in excess of local limits |
22362 |
Speed/construction zone |
22363 |
Restricted speed/weather conditions |
22364 |
Speed/traffic lanes |
22400, 22400a, 22400b |
Driving too slow |
22405, 22405a |
Speed/bridge/tunnel |
22406, 22407 |
Maximum designated vehicle speed |
22409, 22410 |
Speed/solid/metal tires |
22413 |
Speed limit on grades |
22450, 22451, 22452, 22452a, 22452b |
Stop required/railroad crossing |
22454 |
Stop for school bus |
23109, 23109b, 23109d |
Speed contest/aiding or abetting |
23116, 23116a |
Transporting person in truck load space |
23127 |
Driving on trails and paths |
23220 |
Drinking while driving |
23222, 23222a, 23222b |
Marijuana or open container/driving |
23235 |
Ignition interlock verification |
23244, 23244b |
Defeating ignition interlock device |
23253 |
Disobedience to toll highway officer |
23270, 23270a |
Unauthorized towing |
23330, 23330c |
Width/load of vehicle at crossing |
23336 |
Disobedience to sign/vehicle crossing |
24002, 24002a, 24002b |
Unsafe/unlawfully equipped vehicle |
24004 |
Operation after notice by officer |
24250 |
Lighting equipment |
24409, 24409a, 24409b |
Failure to dim lights |
24604 |
Lamps/flag for extended load |
25103, 25103a, 25103b |
Lamps on projecting load |
26301, 26302, 26302a, 26302b, 26302c |
Brakes |
26303, 26304, 26304a, 26304b |
Brakes/combination vehicles |
26307 |
Forklift truck brakes |
26311, 26311a, 26311b, 26311c |
All wheel service brakes |
26456, 26457 |
Brakes/stopping distance |
26458, 26458a, 26458.5 |
Braking system/towing vehicles |
26502a |
Adjustment/use of air brakes |
26503 – 26506, 26506a, 26507 |
Airbrake system |
26508, 26508a – c, 26508e – k, 26508o |
Emergency stopping system |
26520, 26521, 26522 |
Vacuum brakes |
27360, 27360a – c, 27360.5, 27360a – c |
Child Passenger restraint |
27363, 27363b |
Child seat belt |
27800, 27801, 27801a, 27801b |
Motorcycle/passengers and equipment |
29001, 29002 |
Fifth wheel connecting/locking device |
29003a, 29003b, 29003c |
Hitch and coupling device |
29004, 29004a – c, 29006, 29006a |
Towed vehicle coupling |
29201 |
Pole dolly/load and length |
31301, 31301a |
Caldecott tunnel restrictions |
31303, 31303b, 31303c, 31303e |
Hazardous waste transportation |
31402 |
Farm labor vehicle/unsafe operation |
31540, 31504b |
Removable containers/regulations |
31614, 31614a, 3164b, 31614d – f 31614h, 31614i |
Explosives transportation |
32104, 32104a, 32104b, 32105, 32105a, 32105c-e |
Inhalation hazard transportation |
32106, 32106a – d |
Inhalation hazard transportation |
34102 |
Tank vehicle regulations |
34501.2, 34501a, 34501c |
Driving hours limitations |
34506, 34506a – g |
Driving hours, equipment, maintenance, operation |
34506.3 |
Safety regulation violation |
34509, 34509c, 34509d |
Vanpool vehicle maintenance inspection |
35784, 35784a, 35784b |
Violation of special permit |
35784.5, 35784a, 35784b |
Extralegal load/weight |
36400 |
Lift-carrier/speed |
36705 |
Bale wagon load width during darkness |
Two Point Count California Vehicle Code Violations
Section |
Violation |
2800.2, 2800.3 |
Evading peace officer/reckless driving |
14601, 14601a,14601 b, 14601.1- 14601.4 |
Driving while suspended/revoked |
14601.5 |
Driving, suspended/revoked for refusing test |
20001, 20001a 20002, 20002a, 20002b |
Hit and run/injury/property damage |
21651b |
Driving wrong side/divided highway |
22348b |
Speed over 100 MPH |
23103, 23103a,23103 b |
Reckless driving |
23104, 23104a |
Reckless driving/causing bodily injury |
23109a, 23109c |
Speed contest /exhibition of speed |
23140, 23140a, 23140b |
Minor driving with BAC of 0.05% or more |
23152, 23152a-d |
DUI/alcoholic beverage or drugs |
23153, 23153a-d |
DUI/causing bodily injury or death |
31602, 31602a, 31602b, 31602c |
Explosives transportation |
Other Common California Code Violations Used In Negligent Operator Count
Section |
Code |
Violation |
Points |
49307 or 12059 |
Education |
Disobedience to school safety patrol |
1 |
191.5a, 192c1-192c4, 192.3c, 192.3d |
Penal |
Vehicular manslaughter with gross negligence |
2 |
192c, 192.3, 192.3a, 192.3b |
Penal |
Vehicular manslaughter without gross negligence |
1 |
27176 |
Streets and highways |
Speeding on Golden Gate Bridge |
1 |
One Point Count Out of State Violations
Section |
Violation |
Section |
Violation |
01 |
Speed/too fast or over speed limit |
34 |
Entering/exiting from thoroughfare |
03 |
Speed/too slow or failure to turn out |
40 |
Illegally modified vehicle |
04 |
Passing/illegal, improper or unsafe |
45 |
Explosives transportation |
05 |
Following too close |
51 |
Equipment/unsafe, illegal or defective |
06 |
Failure to yield right-of-way |
58 |
Driving while impaired |
07 |
Illegal/unsafe use or change of lanes |
61 |
Child passenger seat restraint |
08 |
Turns/illegal or unsafe |
67 |
Defective headlights |
09 |
Signaling/improper or no signal |
69 |
Following emergency vehicle unlawfully |
10 |
Failure to obey traffic control device |
70 |
Using vehicle for felony/aiding or abetting |
11 |
Crossing double lines/markers/dividers |
72 |
Erratic driving/suddenly changing speeds |
12 |
Wrong way on one-way street |
73 |
Fleeing scene or evading arrest by turning lights off when lights required |
13 |
Brakes |
74 |
Unsafe operation of a motor vehicle |
14 |
Lights |
75 |
Driving off road/on shoulder/on sidewalk |
21 |
Violation of restricted license |
77 |
No required equipment/using prohibited equipment |
26 |
Negligent/careless/inattentive driving |
86 |
Felony involving commercial vehicle |
27 |
Starting or backing/illegal or unsafe |
87 |
Felony controlled substance/commercial vehicle |
28 |
Driving in a prohibited area |
88 |
Speeding 15 mph plus/commercial vehicle |
30 |
Disobedience of lawful order |
91 |
Illegal lane change/commercial vehicle |
31 |
Towing/improper, unsafe or illegal |
92 |
Following too closely/commercial vehicle |
32 |
Obstructing driver’s view or interfering |
93 |
Fatal accident violation/commercial vehicle |
33 |
Unlawful riding on motor vehicle |
|
|
Two Point Count Out of State Violations
Section |
Violation |
Section |
Violation |
02 |
Speed contest/aiding or abetting |
38 |
DUI/dangerous drugs not narcotics |
15 |
Reckless driving |
46 |
Manslaughter without gross negligence |
16 |
Reckless driving/injury |
47 |
Manslaughter with gross negligence |
17 |
Drunk driving |
81 |
DUI/BAC 0.04% or more/commercial vehicle |
18 |
Drunk driving/injury |
82 |
DUI/commercial vehicle |
19 |
Hit and run |
84 |
DUI/controlled substance/commercial vehicle |
20 |
Driving while suspended or revoked |
85 |
Hit and run/commercial vehicle |
37 |
DUI/narcotics |
89-90 |
Reckless driving/commercial vehicle |
Code of Federal Regulations Violations
Section |
Violation |
Points |
36423 or 36FR46 |
DUI/alcoholic beverage or any drug |
2 |