AB 2906: Vehicles: notice of suspension or revocation of driver’s license.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-16
Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked. Existing law provides that there is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department to the most recent address reported to the department, as specified, and the notice has not been returned to the department as undeliverable or unclaimed.
This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would prohibit these alternative notices from affecting the rebuttable presumption described above. The bill would also make technical, nonsubstantive changes to this provision.
Existing law generally requires the Department of Motor Vehicles to provide written notice by mail to a person when the persons privilege to operate a motor vehicle has been suspended or revoked.
This bill would authorize the department to utilize alternative methods, including, but not limited to, fax machine, email, or cellular telephone, to provide a person with additional notice of suspension or revocation. The bill would also make technical, nonsubstantive changes to this provision.
(a)(1)If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.
(2)In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone. Nothing in this paragraph shall be construed to affect the rebuttable presumption described in paragraph (1).
(b)The department may utilize alternative methods for determining the location of a person whose driving privilege has been suspended or revoked pursuant to this code, for the purpose of providing the person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
(a)When (1)If the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. It shall be There is a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a drivers license to report changes of address to the department pursuant to Section 14600.
(2)In addition to the notification by first-class mail required by paragraph (1), the department may utilize alternative methods to provide a person with notice of suspension or revocation. Alternative methods may include, but are not limited to, fax machine, email, or cellular telephone.
(b)The department may utilize alternative methods for determining the whereabouts location of a driver, person whose driving privilege has been suspended or revoked under pursuant to this code, for the purpose of providing the driver person with notice of suspension or revocation. Alternative methods may include, but are not limited to, cooperating with other state agencies that maintain more current address information than the departments drivers license files.
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Date
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Status
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| May 25, 2018 | In committee: Held under submission. |
| May 2, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 24, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 17, 2018 | Re-referred to Com. on TRANS. |
| Apr 16, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 9, 2018 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 8, 2018 | Referred to Com. on TRANS. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 23, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| California Bus Association | ** Support | Apr 20, 2018 |
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2906
Author:(Melendez) – As Amended Ver:April 16, 2018
Policy Committee: | Transportation | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows the Department of Motor Vehicles (DMV) to use alternative methods of contacting a person when their license is suspended or revoked. Specifically, this bill:
- Allows DMV to contact an individual to alert them that their license has been revoked or suspended via fax machine, email or cell phone.
- Specifies that these additional forms of contact shall have no effect on the rebuttable presumption that a person had knowledge of a suspension or revocation if the notice had been sent by first-class mail by DMV when the first-class mail was sent to the most recent address reported to DMV by the license holder.
FISCAL EFFECT:
Significant cost pressure for onetime costs (Motor Vehicle Account), likely in the millions of dollars, for DMV to change IT systems and procure services that would allow the department to send emails or text messages.
COMMENTS:
- Background. DMV is required to notify an individual if their license has been suspended or revoked by sending a letter to the individual’s last updated address. License holders are responsible for updating DMV when they move. In order to ensure a driver cannot evade a violation of driving without a license by claiming they never received notice, our laws create a rebuttable presumption that the person received proper notice of a suspension or revocation if DMV sent a letter via first-class mail to their last updated address.
- Purpose. According to the author:
Written notices for traffic fines and court dates often get lost in the mail or are sent to the wrong address. Californians that move or frequently travel for work cannot check their mail on a regular basis. And studies have shown millennials do not utilize snail mail and primarily rely on email.
- Staff comments. While it may be more convenient for a DMV customer to receive information, such as a notice of suspension of their license, through an email or text message, sending confidential DMV information through emails or texts could result in increased liability for the department. This is because the information included in a notice of license suspension can sometimes include confidential information, such as a medical reason for the license suspension. With text messages in particular, it is possible that DMV could send confidential information to the wrong person if someone provides their phone number to the DMV then later changes their number.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 23, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 2906 (
Author:Melendez) – As Amended Ver:April 16, 2018
SUBJECT: Vehicles: notice of suspension or revocation of driver’s license
SUMMARY: Allows the Department of Motor Vehicles (DMV) to use alternative methods of contacting a person when their license is suspended or revoked. Specifically, this bill:
- Allows DMV to contact an individual to alert them that their license has been revoked or suspended via fax machine, email or cell phone.
- Specifies that these additional forms of contact shall have no effect on the rebuttable presumption that a person had knowledge of a suspension or revocation if the notice had been sent by first-class mail by DMV when the first-class mail was sent to the most recent address reported to DMV by the license holder.
EXISTING LAW:
- Requires DMV to contact a person through first-class mail when his or her license has been suspended or revoked.
- Requires individuals to update DMV when they change their address.
- Creates a rebuttable presumption that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by DMV when the first-class mail has been sent to the most recent address reported to DMV by the license holder.
FISCAL EFFECT: Unknown
COMMENTS:
Author’s Statement: According to the author, “Written notices for traffic fines and court dates often get lost in the mail or are sent to the wrong address. Californians that move or frequently travel for work cannot check their mail on a regular basis. And studies have shown millennials do not utilize snail mail and primarily rely on email.”
License Suspensions: An individual can have their license suspended or revoked for multiple reasons in California. For example, license suspensions can occur for driving under the influence, negligent operator (points on your license for too many traffic violations), auto theft, speeding, reckless driving, or evading a peace officer. For many reasons, it is important that dangerous drivers are taken off the road.
DMV is currently required to notify individuals if their license has been suspended or revoked by sending a letter to the individual’s last updated address. License holders are responsible for updating DMV when they move. In order to ensure a driver cannot evade a violation of driving without a license by claiming they never received notice, our laws create a rebuttable presumption that the person received proper notice of a suspension or revocation if DMV sent a letter via first-class mail to their last updated address.
Committee comments: DMV does not currently store additional contact information in their systems, including phone numbers, emails, and fax numbers. Further, it is unclear why this bill is necessary, as there is nothing prohibiting DMV from utilizing other methods of contacting individuals to notify them of a suspension or revocation, only a requirement that one of those methods must be first-class mail. While the bill specifies that the additional forms of contact will have no effect on the rebuttable presumption, it nonetheless may inspire individuals to challenge DMV for not attempting other methods to contact them which DMV was statutorily authorized to use.
REGISTERED SUPPORT / OPPOSITION:
Support
California Bus Association
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):