2007 California Vehicle Code Article 1. Investigation And Re-examination

CA Codes (veh:13800-13803)


SECTION 13800-13803

13800.  The department may conduct an investigation to determine
whether the privilege of any person to operate a motor vehicle should
be suspended or revoked or whether terms or conditions of probation
should be imposed upon receiving information or upon a showing by its
   (a) That the licensee has been involved as a driver in any
accident causing death or personal injury or serious damage to
   (b) That the licensee has been involved in three or more accidents
within a period of 12 consecutive months.
   (c) That the person in three consecutive years has committed three
or more offenses which have resulted in  convictions involving the
consumption of an alcoholic beverage or drug, or both, while
operating a motor vehicle, including, but not limited to, offenses
under Section 23103.5, 23152, 23153, 23222, or 23224; has been
involved in three or more accidents in which the accident reports
show that the person was driving and had consumed alcoholic beverages
or drugs, or both; or had any combination of three or more of those
offenses and accidents.
   (d) That the licensee is a reckless, negligent, or incompetent
driver of a motor vehicle.
   (e) That the licensee has permitted an unlawful or fraudulent use
of his driver's license.
   (f) That any ground exists for which a license might be refused.
The receipt by the department of an abstract of the record of
conviction of any offense involving the use or possession of narcotic
controlled substances under Division 10 (commencing with Section
11000) of the Health and Safety Code shall be a sufficient basis for
an investigation by the department to determine whether grounds exist
for which a license might be refused.

13801.  In addition to the investigation, the department may require
the re-examination of the licensee, and shall give 10 days' written
notice of the time and place thereof.  If the licensee refuses or
fails to submit to the re-examination, the department may
peremptorily suspend the driving privilege of the person until such
time as the licensee shall have submitted to re-examination.  The
suspension shall be effective upon notice.

13802.  In applying the provisions of Section 13800 the department
shall give due consideration to the amount of use or mileage traveled
in the operation of a motor vehicle.

13803.  (a) The department shall conduct a reexamination, including
a demonstration of the person's ability to operate a motor vehicle as
described in Section 12804.9, to determine whether the driving
privilege of any person to operate a motor vehicle should be
suspended or revoked, or whether terms or conditions of probation
should be imposed upon receiving information from any member of the
vehicle operator's family within 3 degrees of consanguinity, or the
operator's spouse, who has reached 18 years of age, except that no
person may report the same family member pursuant to this section
more than one time during a 12-month period.
   (b) The report described in subdivision (a) shall state that the
person filing the report reasonably and in good faith believes that
the operator cannot safely operate a motor vehicle.  The report shall
be based upon personal observation or physical evidence of a
physical or medical condition that has the potential to impair the
ability to drive safely, or upon personal knowledge of a driving
record that, based on traffic citations or other evidence, indicates
an unsafe driver.  The observation or physical evidence, or the
driving record, shall be described in the report, or the report shall
be based upon an investigation by a law enforcement officer.
   (c) No person who makes a report in good faith pursuant to this
section shall be civilly or criminally liable for making that report.

   (d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.

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