Occupational Licensing Industry News OLIN 2006-03

Purpose

The purpose of this memo is to inform you that a holder of a commercial driver license (CDL) is no longer permitted to attend a Traffic Violator School (TVS) for the purpose of “masking” a traffic citation from his/her driving record.

New Legislation

Effective September 20, 2005, commercial drivers or drivers of commercial vehicles became ineligible to attend traffic violator school for the purpose of removing a traffic violation on his/her driving record regardless of the type of vehicle driven.

TVS Procedures

Traffic Violator Schools are prohibited from issuing a completion certificate to a holder of a CDL. If a person holding a CDL attends a traffic violator school, the traffic citation will remain on his/her driving record.

Background

Effective September 20, 2005, California Vehicle Code (CVC) §42005(c) prohibits the courts from allowing a holder of a commercial driver license (regardless of the type of vehicle driven) to attend a DMV licensed or court-approved TVS for the purpose of “masking” a traffic citation on his/her driving record. In the past, commercial drivers were allowed to do this.

Reference

CVC §§42005(c), 15210(b)

Title 13 of the California Code of Regulations Sections 345.39, 345.45, 345.56, and 345.78

Title 49 of the Code of Federal Regulations

OLIN 2005-04

DL 2005-37

Distribution

This memo is available online at www.dmv.ca.gov/pubs/olin/olin.htm and was distributed in hardcopy in March 2006 to Traffic Violator Schools.

Contact

For further clarification of this memo, call the TVS Unit at (916) 229-3127.

MARY GARCIA, Chief
Occupational Licensing