This research paper deals with various California laws relating to motor vehicles and the structure and operations of the California Department of Motor Vehicles (DMV).
1. Who heads the Department of Motor Vehicles? The Director of Motor Vehicles, who is appointed by, and holds office at the pleasure of, the Governor (West's Ann. Cal. Vehicle Code secs. 295 and 1504).
2. What statutory provisions authorize the agency? DMV is authorized by sec. 1500 of the Vehicle Code. The Department was originally established by sec. 101 of the 1935 Vehicle Code. DMV is a part of the Business, Transportation and Housing Agency. It has been variously called the Motor Vehicle Department, the Division of Motor Vehicles of the Department of Finance and the Division of Motor Vehicles of the Department of Public Works.
3. Who created the agency? The California legislature, Assembly and Senate.
4. What regulations are applicable? Vehicle Code. According to sec. 1503 of the Vehicle Code, Ch. 2, commencing at sec. 11150 of Part 1 of Division 3 of title 2 of the Government Code, "shall govern and apply to the conduct of the department." Other Codes which may apply include the Health and Safety Code, sec. 11370, 11400 et seq. and 11425.10 of the Government Code (Administrative Procedures Act), Business & Professions Code, Penal Code, Evidence Code, Finance Code, secs. 22000 et seq., secs. 1792 and 1793 of the Civil Code and sec. 1094.5 of the Code of Civil Procedure. On constitutional issues, the California Constitution and the U.S. Constitution apply.
5. Where is the most local office where your issue can be heard? The site of hearings depends on what issue is involved.
Any motorist who has had his driver's license revoked or suspended is entitled to a departmental hearing which "shall be held at a place designated by the department as close as practicable to the place where the arrest occurred, unless the parties agree to a different l...