V C Section 12502 Nonresident Driver
Nonresident Driver
12502. (a) The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:
(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.
(2) A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver’s license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession.
(3) A nonresident having in his or her immediate possession a valid driver’s license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating. .
(b) Any person entitled to the exemption contained in subdivision (a), while operating, within this state, a commercial motor vehicle, as defined in subdivision (b) of Section 15210, shall have in his or her possession a current medical certificate of a type described in subdivision (c) of Section 12804.9, v1
that has been issued within two years of the date of operation of ( )2 the vehicle.
(c) A nonresident possessing a medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident.
(d) This section shall remain in effect only until January 30, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 30, 2014, deletes or extends that date.
Amended and repealed Sec. 2, Ch. 670, Stats. 2012. Effective January 1, 2013. Repeal operative January 30, 2014.
The 2012 amendment added the italicized material, and at the point(s) indicated, deleted the following:
1. "which"
2. "that"
NOTE: The preceding section becomes inoperative on January 30, 2014, at which time the following section becomes operative. The preceding section is repealed January 30, 2014.
12502 (a) The following persons may operate a motor vehicle in this state without obtaining a driver’s license under this code:
(1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver’s license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505.
(2)A nonresident, 21 years of age or older, if transporting hazardous material, as defined in Section 353, in a commercial vehicle, having in his or her immediate possession, a valid license with the appropriate endorsement issued by another state or other jurisdiction that is recognized by the department, or a Canadian driver’s license and a copy of his or her current training certificate to transport hazardous material that complies with all federal laws and regulations with respect to hazardous materials, both of which shall be in his or her immediate possession.
(3) A nonresident having in his or her immediate possession a valid driver’s license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating.
(b) (1) A driver required to have a commercial driver’s license under Part 383 of Title 49 of the Code of Federal Regulations who submits a current medical examiner’s certificate to the licensing state in accordance with Section 383.71(h) of Subpart E of Part 383 of Title 49 of the Code of Federal Regulations, documenting that he or she meets the physical qualification requirements of Section 391.41 of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations, is not required to carry on his or her person the medical examiner’s certificate or a copy of that certificate.
(2) A driver may use the date-stamped receipt, given to the driver by the licensing state agency, for up to 15 days after the date stamped on the receipt, as proof of medical certification.
(c) A nonresident possessing a medical certificate in accordance with subdivision (b) shall comply with any restriction of the medical certificate issued to that nonresident.
(d) This section shall become operative on January 31, 2014.
Added Sec. 2.5, Ch. 670, Stats. 2012. Effective January 31, 2014.
Here is the Section 12505 referred to in Section 12502 (1):
V C Section 12505 Residency
Residency
12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher education.
(C) Filing a homeowner’s property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
(2) California residency is required of a person in order to be issued a commercial driver’s license under this code.
(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.
(c) Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date he or she establishes residence in this state, except that he or she shall obtain a license from the department upon becoming a resident before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.
(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial driver’s license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:
(1) An existing commercial driver’s license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.
(2) A person who is a resident of this state may obtain a nonresident commercial driver’s license from any state that elects to issue a nonresident commercial driver’s license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(3) For the purposes of this subdivision, a nonresident commercial driver’s license is a commercial driver’s license issued by a state to an individual domiciled in a foreign country or in another state.
(e) Subject to Section 12504, a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver’s license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.
(f) Any person from a foreign country, except a territory or possession of the United States, the Commonwealth of Puerto Rico, or Canada, shall obtain a class A or a class B license from the department before operating on the highways a motor vehicle for which a class A or class B license is required, as described in Section 12804.9. The medical examination form required for issuance of a class A or class B driver’s license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.
(g) This section does not authorize the employment of a person in violation of Section 12515.
(h) This section shall become operative on September 20, 2005
Amended Sec. 10, Ch. 766, Stats. 1995. Effective January 1, 1996.
Amended Sec. 3, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.
