BILL NUMBER: SB 438 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hill
FEBRUARY 25, 2015
An act to amend Sections 116.870 and 116.880 of the Code of Civil
Procedure, and to amend Sections 1656.2, 12517.1, 13369, 16000,
16000.1, 16075, 16251, 16377, 16430, and 16434 of the Vehicle Code,
relating to motor vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 438, as amended, Hill. Motor vehicles: reportable property
damage.
Existing law requires the driver of every motor vehicle who is
involved in an accident that results in damage to the property of any
one person in excess of $750, or in bodily injury, or in the death
of a person, to report the accident to the Department of Motor
Vehicles within 10 days after the accident, as specified. Under
existing law that threshold amount of damages also serves as a
condition, among others, for (1) the suspension of a judgment debtor'
s driving privileges, as an aid in the enforcement of small claims or
civil money judgments arising out of those accidents; and (2) the
suspension or revocation of specified endorsements or certificates.
This bill would increase the minimum property damage that is
required to be reported to $1,000. This bill would make conforming
changes to those related provisions described above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.870 of the Code of Civil Procedure is
amended to read:
116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to
operate a motor vehicle for failing to satisfy a judgment, apply if
the judgment (1) was for damage to property in excess of one thousand
dollars ($1,000), or for bodily injury to, or death of, a person in
any amount, and (2) resulted from the operation of a motor vehicle
upon a California highway by the defendant, or by any other person
for whose conduct the defendant was liable, unless the liability
resulted from the defendant's signing the application of a minor for
a driver's license.
SEC. 2. Section 116.880 of the Code of Civil Procedure is amended
to read:
116.880. (a) If the judgment (1) was for one thousand dollars
($1,000) or less, (2) resulted from a motor vehicle accident
occurring on a California highway caused by the defendant's operation
of a motor vehicle, and (3) has remained unsatisfied for more than
90 days after the judgment became final, the judgment creditor may
file with the Department of Motor Vehicles a notice requesting a
suspension of the judgment debtor's privilege to operate a motor
vehicle.
(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not been
satisfied. The fee shall be used by the department to finance the
costs of administering this section and shall not exceed the
department's actual costs.
(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise by
certified mail, that the judgment debtor's privilege to operate a
motor vehicle will be suspended for a period of 90 days, beginning 20
days after receipt of notice by the department from the judgment
creditor, unless satisfactory proof, as provided in subdivision (e),
is provided to the department before that date.
(d) At the time the notice is filed, the department shall give the
judgment creditor a copy of the notice that indicates the filing fee
paid by the judgment creditor, and includes a space to be signed by
the judgment creditor acknowledging payment of the judgment by the
judgment debtor. The judgment creditor shall mail or deliver a signed
copy of the acknowledgment to the judgment debtor once the judgment
is satisfied.
(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of one or more of the
following:
(1) Receipt of proof that the judgment has been satisfied, either
(A) by a copy of the notice required by this section signed by the
judgment creditor acknowledging satisfaction of the judgment, or (B)
by a declaration of the judgment debtor stating that the judgment has
been satisfied.
(2) Receipt of proof that the judgment debtor is complying with a
court-ordered payment schedule.
(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.
(4) A deposit with the department of the amount of the unsatisfied
judgment, if the judgment debtor presents proof, satisfactory to the
department, of inability to locate the judgment creditor.
(5) At the end of 90 days.
(f) If the suspension has been terminated under subdivision (e),
the action is final and shall not be reinstituted. If the suspension
is terminated, Section 14904 of the Vehicle Code shall apply. Money
deposited with the department under this section shall be handled in
the same manner as money deposited under subdivision (d) of Section
16377 of the Vehicle Code.
(g) A public agency is not liable for an injury caused by the
suspension, termination of suspension, or the failure to suspend a
person's privilege to operate a motor vehicle as authorized by this
section.
SEC. 3. Section 1656.2 of the Vehicle Code is amended to read:
1656.2. The department shall prepare and publish a printed
summary describing the penalties for noncompliance with Sections
16000 and 16028, which shall be included with each motor vehicle
registration, registration renewal, and transfer of registration and
with each driver's license and license renewal. The printed summary
may contain, but is not limited to, the following wording:
"IMPORTANT FACTS ABOUT ENFORCEMENT OF CALIFORNIA'S COMPULSORY
FINANCIAL RESPONSIBILITY LAW
California
California law requires every driver to carry written
evidence of valid automobile liability insurance, a
$35,000 bond, a $35,000 cash deposit, or a certificate of
self-insurance that has been issued by the Department of Motor
Vehicles.
You
You must provide evidence of financial responsibility when
you renew the registration of a motor vehicle, and after you are
cited by a peace officer for a traffic violation or are involved in
any traffic accident. The law requires that you provide the officer
with the name and address of your insurer and the policy
identification number. Your insurer will provide written evidence of
this number. Failure to provide evidence of your financial
responsibility can result in fines of up to $500 and loss of your
driver's license. Falsification of evidence can result in fines of up
to $750 or 30 days in jail, or both, in addition to a one-year
suspension of driving privileges.
Under
Under existing California law, if you are involved in an
accident that results in damages of over $1,000 to the property of
any person or in any injury or fatality, you must file a report of
the accident with the Department of Motor Vehicles within 10 days of
the accident. If you fail to file a report or fail to provide
evidence of financial responsibility on the report, your driving
privilege will be suspended for up to four years. Your suspension
notice will notify you of the department's action and of your right
to a hearing. Your suspension notice will also inform you that if you
request a hearing, it must be conducted within 30 days of your
written request, and that a decision is to be rendered within 15 days
of the conclusion of the hearing."
SEC. 4. Section 12517.1 of the Vehicle Code is amended to read:
12517.1. (a) A "schoolbus accident" means any of the following:
(1) A motor vehicle accident resulting in property damage in
excess of one thousand dollars ($1,000), or personal injury, on
public or private property, and involving a schoolbus, youth bus,
school pupil activity bus, or general public paratransit vehicle
transporting a pupil.
(2) A collision between a vehicle and a pupil or a schoolbus
driver while the pupil or driver is crossing the highway when the
schoolbus flashing red signal lamps are required to be operated
pursuant to Section 22112 or when the schoolbus is stopped for the
purpose of loading or unloading pupils.
(3) Injury of a pupil inside a vehicle described in paragraph (1)
as a result of acceleration, deceleration, or other movement of the
vehicle.
(b) The Department of the California Highway Patrol shall
investigate all schoolbus accidents, except that accidents involving
only property damage and occurring entirely on private property shall
be investigated only if they involve a violation of this code.
SEC. 5. Section 13369 of the Vehicle Code is amended to read:
13369. (a) This section applies to the following endorsements and
certificates:
(1) Passenger transportation vehicle.
(2) Hazardous materials.
(3) Schoolbus.
(4) School pupil activity bus.
(5) Youth bus.
(6) General public paratransit vehicle.
(7) Farm labor vehicle.
(8) Vehicle used for the transportation of developmentally
disabled persons.
(b) The department shall refuse to issue or renew, or shall
revoke, the certificate or endorsement of a person who meets the
following conditions:
(1) Within three years, has committed any violation that results
in a conviction assigned a violation point count of two or more, as
defined in Sections 12810 and 12810.5. The department shall not
refuse to issue or renew, nor may it revoke, a person's hazardous
materials or passenger transportation vehicle endorsement if the
violation leading to the conviction occurred in the person's private
vehicle and not in a commercial motor vehicle, as defined in Section
15210.
(2) Within three years, has had his or her driving privilege
suspended, revoked, or on probation for any reason involving unsafe
operation of a motor vehicle. The department shall not refuse to
issue or renew, nor may it revoke, a person's passenger
transportation vehicle endorsement if the person's driving privilege
has, within three years, been placed on probation only for a reason
involving unsafe operation of a motor vehicle.
(3) Notwithstanding paragraphs (1) and (2), does not meet the
qualifications for issuance of a hazardous materials endorsement set
forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal
Regulations.
(c) The department may refuse to issue or renew, or may suspend or
revoke, the certificate or endorsement of a person who meets any of
the following conditions:
(1) Within 12 months, has been involved as a driver in three
accidents in which the driver caused or contributed to the causes of
the accidents.
(2) Within 24 months, as a driver, caused or contributed to the
cause of an accident resulting in a fatality or serious injury or
serious property damage in excess of one thousand dollars ($1,000).
(3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
(4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
(5) Has knowingly made a false statement or failed to disclose a
material fact on an application for a certificate or endorsement.
(6) Has been determined by the department to be a negligent or
incompetent operator.
(7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
(8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
(9) Does not meet the minimum medical standards established or
approved by the department.
(d) The department may cancel the certificate or endorsement of
any driver who meets any of the following conditions:
(1) Does not have a valid driver's license of the appropriate
class.
(2) Has requested cancellation of the certificate or endorsement.
(3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and compliance with prescribed
training requirements.
(4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
(e) (1) The department shall refuse to issue or renew, or shall
suspend or revoke, the passenger vehicle endorsement of a person who
violates subdivision (b) of Section 5387 of the Public Utilities
Code.
(2) A person found to be in violation of subdivision (b) of
Section 5387 of the Public Utilities Code shall be ineligible for a
passenger vehicle endorsement that would permit him or her to drive a
bus of any kind, including, but not limited to, a bus, schoolbus,
youth bus, school pupil activity bus, trailer bus, or a transit bus,
with passengers, for a period of five years.
(f) (1) Reapplication following refusal or revocation under
subdivision (b) or (c) may be made after a period of not less than
one year from the effective date of denial or revocation, except in
cases where a longer period of suspension or revocation is required
by law.
(2) Reapplication following cancellation under subdivision (d) may
be made at any time without prejudice.
SEC. 6. Section 16000 of the Vehicle Code is amended to read:
16000. (a) The driver of a motor vehicle who is in any manner
involved in an accident originating from the operation of the motor
vehicle on a street or highway, or is involved in a reportable
off-highway accident, as defined in Section 16000.1, that has
resulted in damage to the property of any one person in excess of one
thousand dollars ($1,000), or in bodily injury, or in the death of
any person shall report the accident, within 10 days after the
accident, either personally or through an insurance agent, broker, or
legal representative, on a form approved by the department, to the
office of the department at Sacramento, subject to this chapter. The
driver shall identify on the form, by name and current residence
address, if available, any person involved in the accident
complaining of bodily injury.
(b) A report is not required under subdivision (a) if the motor
vehicle involved in the accident was owned or leased by, or under the
direction of, the United States, this state, another state, or a
local agency.
(c) If none of the parties involved in an accident has reported
the accident to the department under this section within one year
following the date of the accident, the department is not required to
file a report on the accident and the driver's license suspension
requirements of Section 16004 or 16070 do not apply.
SEC. 7. Section 16000.1 of the Vehicle Code is amended to read:
16000.1. (a) For purposes of this division, a "reportable
off-highway accident" means an accident that includes all of the
following:
(1) Occurs off the street or highway.
(2) Involves a vehicle that is subject to registration under this
code.
(3) Results in damages to the property of any one person in excess
of one thousand dollars ($1,000), or in bodily injury or in the
death of any person.
(b) A "reportable off-highway accident" does not include any
accident that occurs off-highway in which damage occurs only to the
property of the driver or owner of the motor vehicle and no bodily
injury or death of a person occurs.
SEC. 8. Section 16075 of the Vehicle Code is amended to read:
16075. (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.
(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.
SEC. 9. Section 16251 of the Vehicle Code is amended to read:
16251. As used in this chapter and Chapter 3 (commencing with
Section 16430), "cause of action" means any cause of action for
damage to property in excess of one thousand dollars ($1,000), or for
damage in any amount on account of bodily injury to or death of any
person resulting from the operation by the defendant or any other
person of any motor vehicle upon a highway in this state, except a
cause of action based upon statutory liability by reason of signing
the application of a minor for a driver's license.
SEC. 10. Section 16377 of the Vehicle Code is amended to read:
16377. For the purposes of his this
chapter, every judgment shall be deemed satisfied if any of the
following apply:
(a) Fifteen thousand dollars ($15,000) has been credited, upon any
judgment in excess of that amount, or upon all judgments,
collectively, which together total in excess of that amount, for
personal injury to or death of one person as a result of any one
accident.
(b) Subject to the limit of fifteen thousand dollars ($15,000) as
to one person, the sum of thirty thousand dollars ($30,000) has been
credited, upon any judgment in excess of that amount, or upon all
judgments, collectively, which together total in excess of that
amount, for personal injury to or death of more than one person as a
result of any one accident.
(c) Five thousand dollars ($5,000) has been credited, upon any
judgment in excess of that amount, or upon all judgments,
collectively, each of which is in excess of one thousand dollars
($1,000), and which together total in excess of five thousand dollars
($5,000), for damage to property of others as a result of any one
accident.
(d) The judgment debtor or a person designated by him or her has
deposited with the department a sum equal to the amount of the
unsatisfied judgment for which the suspension action was taken and
presents proof, satisfactory to the department, of inability to
locate the judgment creditor.
SEC. 11. Section 16430 of the Vehicle Code is amended to read:
16430. "Proof of financial responsibility," when required by this
code, means proof of financial responsibility resulting from the
ownership or operation of a motor vehicle and arising by reason of
personal injury to, or death of, any one person, of at least fifteen
thousand dollars ($15,000), and, subject to the limit of fifteen
thousand dollars ($15,000) for each person injured or killed, of at
least thirty thousand dollars ($30,000) for the injury to, or the
death of, two or more persons in any one accident, and for damages to
property (in excess of one thousand dollars ($1,000)), of at least
five thousand dollars ($5,000) resulting from any one accident. Proof
of financial responsibility may be given in any manner authorized in
this chapter.
SEC. 12. Section 16434 of the Vehicle Code is amended to read:
16434. Proof of financial responsibility may be given by a bond.
The bond shall be conditioned for the payment of the amount specified
in Section 16430, and shall provide for the entry of judgment on
motion of the state in favor of any holder of any final judgment on
account of damages to property over one thousand dollars ($1,000) in
amount, or injury to any person caused by the operation of the person'
s motor vehicle.