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§ 345.04. Traffic Violator School Operator.

13 CA ADC § 345.04Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
Article 4.7. Schools for Traffic Violators
Licenses and Approvals Required
13 CCR § 345.04
§ 345.04. Traffic Violator School Operator.
Currentness
(a) A traffic violator school operator shall meet the requirements of Vehicle Code section 11202.5 and be licensed by the department before engaging in the administration or other business activities of a traffic violator school, except as provided in Vehicle Code section 11202(d), relating to public schools, unless the operator is licensed as an owner/operator.
(b) A traffic violator school operator license authorizes the licensee to perform operator services only for the specific school named on the license.
(c) A traffic violator school operator may perform operator services for more than one school, provided that all the following conditions are met:
(1) The operator possesses a valid license for each school;
(2) All of the schools have the same primary business address; and
(3) The schools have a common owner(s). For purposes of this Article, a common owner is one of the following:
(A) The same sole owner;
(B) One partner in common, if a partnership;
(C) The same corporation, if owned by a corporation;
(D) One managing member in common, in a limited liability corporation; or
(E) One administrator in common, if an association.
(d) A traffic violator school operator shall play a major role in the operation of the school. An operator's duties shall include, but not be limited to: hiring, training and performance appraisal of instructors; scheduling classes; ensuring that all classes conducted are consistent with the school's approved curriculum; maintenance of the school's business records; and general operations of the traffic violator school.
(e) A traffic violator school operator shall be licensed as a traffic violator school instructor before performing any of the classroom instructional services described in 345.06(d).
(f) Any individual who qualifies as an operator pursuant to Vehicle Code section 11202.5 may apply to be licensed by the department as an operator by filing a completed application with the department at any inspector office.
(g) An original operator license shall be issued to expire in conjunction with the school owner's license. It shall be termed so that the expiration date of the operator license shall be the same date and month as the owner license and so that the expiration date shall not be more than 12 months from the date of application.
(h) To apply for an operator license, the applicant shall submit the following to any inspector office of the department. A list of inspector offices can be accessed on the department's website at www.dmv.ca.gov.
(1) The application fee, as specified in Section 345.00 of this Article;
(2) A completed Application for Traffic Violator School Operator and Instructor License, form OL 710 (Rev 3/2011);
(3) A Personal History Questionnaire completed by the applicant pursuant to Section 345.68 of this Article;
(4) One set of fingerprints pursuant to Section 345.72 of this Article and payment of a fingerprint processing fee, as described in Vehicle Code section 1668(b);
(5) Evidence of completion of an approved operator educational program. However, for any application for an additional operator license, the educational program requirement shall be waived if the applicant has completed a program within 12 months of submission of the application; and
(6) Evidence from an inspection field office that the written examination was passed pursuant to Vehicle Code section 11202.5(a)(2) within three attempts. However, for any application for an additional operator license the examination requirements shall be waived if the applicant has passed the examination within 12 months of submission of the application.
(A) The operator examination shall be administered by the department at any field investigation district office of the department. The operator examination shall consist of 35 questions. A score of 30 or more correct answers shall be passing.
(B) Any applicant who fails to pass the written examination shall be required to wait at least one week before another examination is administered.
(C) An applicant shall be provided the opportunity to review the written examination taken after it has been corrected, but the review shall be in the presence of a department employee, and the applicant shall not copy or otherwise reproduce the examination form or any of the questions on the examination form in any manner.
(i) When the application is complete, the department shall issue a temporary permit valid for a maximum of 120 days, pending department evaluation of the applicant provided that:
(1) There is no apparent reason for the application to be refused or disapproved.
(2) The employing school is currently licensed. If the employing school has not yet been licensed, the operator's application shall not be considered complete until the owner's permit or license is issued and the operator's temporary permit or license shall not be issued until the owner's permit or license is issued.
(j) If the department determines that the applicant is not qualified pursuant to any applicable code or statute, the department shall notify the applicant in writing that the license shall be refused. The notice of refusal shall include:
(1) The reason or basis for the refusal to issue.
(2) Information regarding the applicant's right to a hearing upon demand, pursuant to Vehicle Code section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(k) Following the final review of the application, a permanent license and identification card shall be issued to all applicants who meet the requirements for licensure. The operator license shall be maintained at the school business office; the identification card shall be used for identification purposes by the operator. A traffic violator school operator license, when issued, is valid for up to one year, as described in Section 345.04(g) of this Article, unless suspended or revoked by the department.

Credits

Note: Authority cited: Sections 1651, 1665 and 11202(a)(2), Vehicle Code. Reference: Sections 626.6, 11200, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (a) and new subsections (a)(1)-(4) filed 3-25-2002; operative 4-24-2002 (Register 2002, No. 13).
3. Amendment of subsection (h)(1) and repealer of subsections (h)(1)(A)-(F) filed 8-23-2011; operative 9-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 34).
4. Amendment filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 13, § 345.04, 13 CA ADC § 345.04
End of Document