Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A
traffic violator school shall provide traffic safety related instruction,
exclusive of course registration, issuance of completion receipts or subjects
not related to traffic safety. The course shall adequately cover each of the
subject areas included in the Outline Of Required Topics and Standards for
State of California, Department of Motor Vehicles Approved Traffic Violator
School Course, OL 613 (Rev. 10/2011), which is hereby incorporated by
reference. Each topic area included in the OL 613 shall be closely adhered to
in the course as referenced in the time frames or word count and percentage of
instruction guidelines.
(b) The
following shall be the determinant for completion of the required minimum
length of a course:
(1) A classroom program
shall provide a minimum of 340 minutes of traffic safety related instruction,
exclusive of lunch and rest breaks, and provide a minimum of 60 minutes for
completion of the post-knowledge test.
(2) A home study or internet program word
count shall meet or exceed 42,500 words, not including text in images or image
captions or text in chapter quizzes, and provide a minimum of 60 minutes for
completion of the post-knowledge test.
(c) For purposes of this section, subjects
not related to traffic safety include, but are not limited to:
(1) Courtroom procedures.
(2) Beating traffic tickets.
(3) Police jurisdictions.
(d) The curriculum of a traffic violator
school shall include a description, specific to the modality, of the methods
and processes used to determine that the person completing the course is the
traffic violator. A curriculum for all modalities shall include the following:
(1) A post-knowledge test to be administered
at the end of the instruction. The test shall be designed to include questions
related to at least eight of the main subject areas in topic areas I-XI of the
OL 613 and shall include at least one question on each of the following
subjects: defensive driving, road rage, driver distractions, and operator
responsibility. The test shall be graded and each student's score will be
recorded with all other student information, unless the school retains the
tests for three years from the date of the class. If the tests are retained,
each test shall indicate the date of the instruction, and the student's name
and driver license number.
(A) Sixty minutes
shall be allowed to complete the final examination in classroom courses. The
final examination for internet and home study courses shall not exceed 15
percent of the total instruction content.
(B) Test questions shall be based on
presented course information.
(C) A
student shall be allowed to review course material during the final
exam.
(D) A passing score shall be
70 percent correct or higher.
(E) A
student scoring less than 70 percent may be offered a second test within one
week. The second test shall not be the same test administered on the first
occasion. A traffic violator school shall make a reasonable attempt within the
one week period to offer an opportunity for retesting. A student scoring less
than 70 percent on the second test may take another traffic violator school
course, if court continuance time allows.
(F) Test answers shall not contain an off
topic option.
(G) Test questions
shall not lead the user to the correct answer.
(H) Tests shall include a minimum of 25
questions.
(I) A student shall not
correct his own test.
(J) Reasoning
and the correct answer shall be provided to the student in response to a
question they answered incorrectly.
(2) The program shall comply with the
established requirements of the Americans with Disabilities Act of 1990 (ADA)(
42 U.S.C. §
1210), as applicable. Such
consideration may include, but is not limited to, an interpreter for the
hearing impaired in classrooms, larger print for written material, and
captioning for video presentations.
(3) A Traffic Violator Course Evaluation,
form OL 767 (New 9/2011), which is hereby incorporated by reference, shall be
provided to each participant as a course completion requirement.
(A) Students not wishing to complete the
evaluation shall satisfy the requirement by printing their name on the form and
turning it in.
(B) A traffic
violator school instructor, operator, or owner shall not alter, discourage a
student from answering, or withhold from the department a student
evaluation.
(C) All completed
student evaluation forms shall be sent to the department on a quarterly basis
by the 30th calendar day of the month following the quarter in which the
classes were conducted.
(D) The
evaluation forms for each classroom course shall be bundled together and have a
copy of the class roster sheet pursuant to Section
345.36(b)(14) of
this Article attached as a cover sheet.
(E) The evaluation forms for home study or
internet shall be separated by modality type and include a cover sheet for each
modality that includes the school name and license number, operator name and
license number, modality of instruction, which quarter the evaluations cover, a
list of students by name who completed the course, and the following
certification signed by the operator under penalty of perjury:
"I (operator name and number) certify under penalty of
perjury that the students listed on this roster completed a TVS course in
compliance with Article 4.7."
(4) The traffic violator school shall provide
statistical information quarterly to the department by the 30th calendar day of
the month following the quarter in which the classes were conducted using the
Traffic Violator School Quarterly Report, form OL 850 (Rev. 2/2011), which is
hereby incorporated by reference.
(5) All students shall receive a completion
receipt after successfully meeting all course requirements. The completion
receipt shall conform to Vehicle Code section 11200(e).
(6) A completion receipt shall not be issued
or completion information provided to a court for any person who:
(A) Does not meet the length of course
requirement;
(B) Has not passed the
final examination and has either not taken a second exam or has taken and not
passed the second examination;
(C)
Has not provided the court reference number (docket, ticket, or citation
number), name of the court with jurisdiction or the court code; or
(D) Has not completed and turned in the form
OL 767.
(7) Additional
curriculum requirements specific to each modality shall be included as
appropriate as stated in subsection (e) and (f) of this
section.
(e) The
curriculum of a traffic violator school for a classroom course shall also
include the following:
(1) Visual aids
including, but not limited to, slide presentations, video cassettes or movies,
graphs, magnetic boards, charts, or pictorial representations shall at a
minimum be used to visually demonstrate concepts presented for the subject
areas described in OL 613. Audio visual aids such as movies and media clips
shall comprise not more than 80 minutes of the 340 minute curriculum. All
visual aids shall be applicable to the course purpose and subject
area.
(2) Student participation is
required and includes, but is not limited to, questions and answers, pre and
post knowledge tests, and group discussions. Student participation shall
comprise not less than 40 minutes of the 340 minute curriculum. All student
participation shall be applicable to the course purpose and subject
area.
(3) A minimum of three post
knowledge tests that meet the requirements of (d)(1).
(f) The curriculum of a traffic violator
school for a home study or internet course shall also include:
(1) Visual aids including, but not limited
to, animations, charts, and pictorial representations shall be included in the
course at a rate of one image for every 500 words.
(2) The following notices and statements
shall be included at the start of each course:
(A) A department legal waiver and disclaimer
as stated below:
"California Department of Motor Vehicles Legal
Notice and Disclaimer:
The California Department of Motor Vehicles (DMV)
recognizes the right of private enterprises to advertise and distribute
information related to their business functions. DMV promotes the free exchange
of information, ideas, and opinions, except when the content may invade
personal privacy, violate property rights, constitute libel, or be a violation
of any applicable federal, state, or local laws.
While this lesson plan content may have been approved by
DMV, the distribution, advertising, and other information provided by this
vendor is not guaranteed by DMV, nor does it represent the views of the
department.
You are advised that DMV, unless statutorily required,
has no continuing obligation to provide information to an approved course web
site or printed publication.
DMV assumes no responsibility for erroneous, incomplete,
or out-of-date information. The user should contact the provider and/or DMV to
ensure that the information herein is current and accurate. All warranties of
any kind, including, but not limited to, the IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination
by computer viruses, and non-infringement of proprietary rights ARE
DISCLAIMED.
You are advised that DMV is not responsible for the
content of any off-site web pages referenced from or to an approved course web
site or home study publication. In addition, DMV and the State of California
are not responsible for the content of files that are uploaded for
inclusion.
The user should not rely on the presentation of statutes
or regulations referenced in an approved web site or printed publication, but
should consult the actual text of the law. Legal requirements frequently change
and the user may wish to seek the advice of counsel.
If you find any errors, omissions, or have a complaint
regarding the educational content, we encourage you to report them to the
education provider. In the event the issue is not resolved to your satisfaction
you may call the department at (916) 229-3154."
(B) "This course is not intended as training
from a licensed driving school. It does not meet the standards, training, or
requirements in preparation for being issued a driver license. This course has
been reviewed and approved to meet the requirements for the traffic violator
school program. Completion documentation will not be issued to those not
meeting the traffic violator school program criteria."
(C) "Pursuant to Vehicle Code section 1808.7,
the following situations are not eligible for masking a traffic safety
violation on a California driver record:
(1)
The driver has already attended a traffic violator course within 18 months of
the conviction.
(2) The driver
holds a commercial license as defined in Vehicle Code section 15210.
(3) The driver holds a commercial driver
license from out of state.
(4) The
violation occurred in a commercial motor vehicle as defined in Vehicle Code
section 15210.
(5) The violator has
not paid a deposit of fees or bail, and has not pleaded guilty, no contest, or
been convicted by the court of jurisdiction.
(6) The conviction would result in a
violation point count of more than one point pursuant to Vehicle Code section
12810. A list of Vehicle Code two point violations may be found on the
Department of Motor Vehicles web site,
www.dmv.ca.gov.
(D) "This site will require your California
driver license or California identification number, or, if you do not have a
California driver license or California identification card, your birthdate,
the court reference number (docket, ticket or citation number) and the name of
the court with jurisdiction or the court code. These are requirements for
receiving a completion receipt and to have the information sent to the court of
jurisdiction should you successfully pass this course. If you are unable to
provide the required information, your participation shall not be credited
toward satisfying the requirement."
(3) The office business hours shall be
listed. An instructor shall be available during business hours to answer
questions. An instructor shall respond to a call received after business hours
on the next business day.
(4) Home
study and internet courses shall identify the traffic violator school and
occupational license numbers at the start of the course. The internet course
shall provide the traffic violator school and occupational license numbers on
each course instruction screen.
(5)
The internet course shall not allow a student to take the final exam until the
course instruction has been completed or allow any test questions to be printed
from the final exam.
(6) The course
web site shall be secure and protected from electronic infection, unauthorized
content alteration, or user tracking outside of the course web site.
(A) Course pages shall be free from
distractions including flashing, moving, brightly colored, or sexually
suggestive text and images.
(B)
Course pages shall be free from interruptions including pop-up
windows.
(C) The web site shall
require a unique password for each student.
(7) Each student password shall be made
invalid upon issuance of the completion receipt.
1.
Renumbering and amendment of former section 345.30 to section
345.72 and new section filed
10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see
Register 93, No. 30.
2. Amendment of section and NOTE filed
4-19-2012; operative 5-19-2012 (Register 2012, No.
16).
Note: Authority cited: Sections
1651,
11202(a)(2)
and
11219,
Vehicle Code. Reference: Sections
1808.7,
11200,
11202,
11219,
12810 and
15210,
Vehicle Code; 42 U.S.C. Section
1210.
