2007 California Vehicle Code Article 2. Suspension Of Driving Privilege

CA Codes (veh:16370-16381)

VEHICLE CODE
SECTION 16370-16381



16370.  The department shall suspend the privilege of any person to
operate a motor vehicle upon receiving a certified copy of a
judgment, or a certified copy of the register of actions (or a
comparable court record of another jurisdiction) in an action
resulting in a judgment for damages, and a certificate of facts
relative to the judgment, on a form provided by the department,
indicating that the person has failed for a period of 30 days to
satisfy a judgment rendered against him or her.



16370.5.  The department shall suspend the privilege of any person
to operate a motor vehicle as specified in Section 116.880 of the
Code of Civil Procedure.  Except as provided in this section, an
action brought under Section 116.880 of the Code of Civil Procedure
is not governed by Chapter 2 (commencing with Section 16250) of
Division 7.



16370.7.  Documents filed with the department pursuant to Section
16370 shall be accompanied by a fee of not to exceed twenty dollars
() to pay for processing the documents and issuing the suspension
order.


16371.  The suspension shall remain in effect, and no license shall
be issued to the judgment debtor until the judgment debtor gives
proof of financial responsibility as provided in Chapter 3
(commencing with Section 16430), and until either the judgment is
satisfied in full or to the extent provided in this chapter, subject
to the exemption provided in Section 16375.



16373.  (a) The clerk of a court shall, subject to subdivision (b),
issue upon the request of a judgment creditor a certified copy of any
judgment or a certified copy of the register of actions in an action
resulting in a judgment for damages, and a certificate of facts
relative to the judgment on a form provided by the department.
   (b) The judgment creditor may pay the required fees and request
the documents specified in subdivision (a) upon the expiration of 30
days after the judgment has become final, if the judgment has not
been stayed or satisfied within the amounts specified in this chapter
as shown by the records of the court.  The court shall determine the
required fees, which shall be commensurate with the cost incurred by
the court in carrying out this section.



16374.  Whenever after a judgment is satisfied and proof of
financial responsibility is given, another judgment is rendered
against the same person for any accident occurring prior to the date
of the giving of the proof and the person fails to satisfy the latter
judgment within the amounts specified in this chapter within 15 days
after the latter judgment became final, then the department shall
again suspend the driver's license of the judgment debtor and shall
not issue to him or her any driver's license while the latter
judgment remains unsatisfied and subsisting within the amounts
specified in this chapter.


16375.  Any person whose driver's license has been suspended, or is
about to be suspended or shall become subject to suspension under
this chapter, may relieve himself from the effect of the judgment by
filing with the department an affidavit stating that at the time of
the accident upon which the judgment has been rendered he was
insured, that the insurer is liable to pay such judgment, and the
reason, if known, why the insurance company has not paid the
judgment.  He shall also file the original policy of insurance or a
certified copy thereof, if available, and such other documents as the
department may require to show that the loss, injury, or damage for
which the judgment was rendered, was covered by the policy of
insurance.
   If the department is satisfied from such papers that the insurer
was authorized to issue the policy of insurance in this state at the
time of issuing the policy and that such insurer is liable to pay
such judgment, at least to the extent and for the amounts provided in
this chapter, the department shall not suspend the license, or if
already suspended, shall reinstate it.


16376.  (a)   If the person against whom judgment is rendered is a
nonresident and the person fails within the prescribed time to
satisfy the judgment in full or to the extent specified in this
chapter, all privileges of operating a motor vehicle in this state
given to the person under this code shall be suspended while the
judgment remains in effect and unsatisfied and until the nonresident
gives proof of his or her financial responsibility in the manner and
to the extent provided in Chapter 3 (commencing with Section 16430)
for accidents occurring after the date of the giving of proof.
   (b)  The department shall forward a certified copy of the judgment
of a court of record to the appropriate officer in charge of the
licensing of drivers in the state of which the person is a resident.




16377.  Every judgment shall for the purposes of this chapter be
deemed satisfied:
   (a) When fifteen thousand dollars (,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) When, subject to the limit of fifteen thousand dollars
(,000) as to one person, the sum of thirty thousand dollars
(,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) When five thousand dollars (,000) has been credited, upon
any judgment in excess of that amount, or upon all judgments,
collectively, each of which is in excess of seven hundred fifty
dollars (0), and which together total in excess of five thousand
dollars (,000), for damage to property of others as a result of any
one accident.
   (d) When 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.



16378.  Money deposited pursuant to subdivision (d) of Section 16377
shall be:
   (a) Deposited by the department in the special deposit fund with
the State Treasurer.
   (b) Payable to the judgment creditor upon presentation of a valid
claim establishing that he is the judgment creditor for which the
deposit was made and that the judgment remains unsatisfied.
   (c) Refunded to the person making the deposit or to a person
designated by him if the deposit remains unclaimed by the judgment
creditor for a period of two years following the date of the deposit.

   (d) The State Controller shall draw his warrant on the State
Treasurer for any payment ordered pursuant to this section as ordered
by the department.



16379.  (a) The department shall not suspend a license and shall
restore any suspended license following nonpayment of a final
judgment when the judgment debtor gives proof of financial
responsibility for future damages and when the trial court in which
the judgment was rendered orders the payment of the judgment in
installments and while the payment of any installment payment is not
in default.
   (b) Whenever the trial court orders the payment of a judgment in
installments as provided in this section, upon payment of the
required fees by the judgment creditor, it shall forward a certified
copy of the order to the department, together with a certified copy
of the judgment or a certified copy of the register of actions in an
action resulting in a judgment for damages and a certificate of facts
relative to the judgment on a form provided by the department.
   (c) The court shall determine the required fees, which shall be
commensurate with the cost incurred by the court in carrying out the
provisions of this section.


16380.  The trial court may order the payment of a judgment in
installments only when the defendant is not insured or the insurance
policy covering the automobile involved in the accident, for the
ownership or operation of which the defendant is held liable, is not
sufficient to pay the amount of the judgment, and then only as to
such portion of the judgment not covered by the insurance policy.
The order shall fix the amounts and times of payment of the
installments and shall be without prejudice to any other legal
remedies available to the judgment creditor.



16381.  In the event that it is made to appear to the court that the
judgment debtor has failed to pay any installment as permitted by
the order of the court, upon the payment of required fees by the
judgment creditor, the court shall give notice of the default to the
department and the department shall forthwith suspend the driving
privilege of the judgment debtor until the judgment is satisfied as
provided in this chapter.  The court shall determine the required
fees, which shall be commensurate with the cost incurred by the court
in carrying out the provisions of this section.

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