Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
Department may issue a restricted driver license based upon a critical need to
drive if the person's driver license was suspended or the issuance of a license
delayed pursuant to Vehicle Code Sections
23136,
13388 and
13353.2. The
applicant shall meet all other requirements for issuance of a driver license
and have no history of disqualifying violations as described in Vehicle Code
Section
13353.8.
(b) A request for a critical need restriction
shall be made by submitting to the department an Application for Critical Need
Restriction, form DS 694 (REV 10/2006) WWW or form DS 2694 (REV 10/2006), which
is hereby incorporated by reference. The applicant shall complete the Statement
of Facts by Applicant and supply required additional information and supporting
evidence regarding circumstances under which a critical need is being
requested. It is the applicant's responsibility to provide full and complete
answers and to prove facts supporting the claim of a critical need to drive.
The applicant shall attach any information regarding alternative transportation
that can meet that need.
(c) A
person is eligible for a restricted driver license when, in the opinion of the
department, sufficient proof of one or more of the following circumstances
exists:
(1) School or other transportation is
not adequate for regular attendance at school and at activities authorized by
the school. The applicant shall complete the Statement of Facts by Applicant
and provide required additional information relating to transportation to and
from school. The Statement of Facts by School Principal shall be completed on
the application and the certification signed under the penalty of perjury under
the laws of the State of California. If the school does not have a principal,
then a department head, headmaster, administrator or other person whose title
indicates a position of responsibility for the supervision and/or
administration of the school shall complete the form. The application shall be
accompanied by proof of current enrollment in the school.
(2) Transportation facilities are inadequate
and the operation of a vehicle by an applicant is necessary due to the illness
of a family member. The applicant shall complete the Statement of Facts by
Applicant and provide required additional information relating to any family
illness. The Statement of Facts by Physician shall be completed on the
application and the certification signed under the penalty of perjury under the
laws of the State of California. A separate Statement of Facts by Applicant
shall be completed for each family member whose disability or illness affects
transportation needs.
(3)
Transportation facilities are inadequate and the operation of a vehicle by an
applicant is necessary due to employment of the applicant and the applicant's
income is essential to the support of the family. The applicant shall complete
the Statement of Facts by Applicant and provide required additional information
relating to transportation to and from work. The Statement of Facts by Employer
shall be completed on the application and the certification signed under the
penalty of perjury under the laws of the State of California.
(4) Operation of a vehicle by the applicant
is essential to a family enterprise from which a substantial amount of the
family's income will be derived and without which income the family will be
unable to obtain essential goods and services critical to their survival or
welfare. The applicant shall complete the Statement of Facts by Applicant and
provide additional information relating to any family enterprise. The Statement
of Facts by Employer shall be completed and the certification signed under the
penalty of perjury under the laws of the State of
California.
(d) If public
transportation is available within one mile of the applicant's home, but
conditions exist which make walking to that transportation unsafe, the
applicant shall provide evidence to show the path is unsafe.
(e) If public transportation exists, but
service between the applicant's home and medical office, school, place of
employment, or family business enterprise is scheduled in a way that would
prohibit the applicant from reaching the destination in the time needed and
return home on the same day, the applicant shall attach the schedules of all
scheduled public transportation, as well as connecting points, and explain how
the transportation service will not meet his or her needs.
(f) Any application of an applicant under the
age of 18 who is requesting a critical need restriction shall include the
signature of both parents on the application.
(1) If a parent has sole custody, that parent
shall indicate so by writing "I have sole custody" in the signature space
provide for the second parent.
(2)
If the applicant is in the custody of a legal guardian, the guardian shall
strike through the words "Father" and "Mother" in the signature spaces and sign
the application in one space and, in the other space, write "I am the legal
guardian of the applicant." A guardian that has physical custody but has not
yet been granted legal custody shall indicate so by writing "I have actual
physical custody."
(3) An applicant
who was an emancipated minor at the time of licensure shall indicate this
status by writing "Statement of Emancipation on file" in the space provided for
a parent signature. An applicant who is emancipated but has never applied for a
driver license and does not have a Statement of Emancipation on file with the
department, shall indicate this status by writing, "I am an emancipated minor
and can file proof of my financial responsibility" in the space provided for a
parent signature.
(4) An applicant
who does not fall into any of the categories described in (f)(1) through (f)(3)
above may meet the authorization and certification requirements of the
application process by complying with provisions of Chapter 2 of Division 9 of
the Vehicle Code, beginning at Section 17700"Civil Liability of Persons Signing
License Applications."
1. New
section filed 10-30-2006; operative 11-29-2006 (Register 2006, No.
44).
Note: Authority cited: Section 1651, Vehicle Code.
Reference: Sections 1652, 1653, 13353.2, 13353.8, 13388, 17700 and 23136,
Vehicle Code.
