Vehicle Code Section 13800-13803
The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records:
- That the licensee has been involved as a driver in any accident causing death or personal injury or serious damage to property.
- That the licensee has been involved in three or more accidents within a period of 12 consecutive months.
- That the person in three consecutive years has committed three or more offenses which have resulted in convictions involving the consumption of an alcoholic beverage or drug, or both, while operating a motor vehicle, including, but not limited to, offenses under Section 23103.5, 23152, 23153, 23222, or 23224; has been involved in three or more accidents in which the accident reports show that the person was driving and had consumed alcoholic beverages or drugs, or both; or had any combination of three or more of those offenses and accidents.
- That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle.
- That the licensee has permitted an unlawful or fraudulent use of his driver's license.
- That any ground exists for which a license might be refused. The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.
In addition to the investigation, the department may require the re-examination of the licensee, and shall give 10 days' written notice of the time and place thereof. If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend the driving privilege of the person until such time as the licensee shall have submitted to re-examination. The suspension shall be effective upon notice.
In applying the provisions of Section 13800 the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.
- The department shall conduct a reexamination, including a demonstration of the person's ability to operate a motor vehicle as described in Section 12804.9, to determine whether the driving privilege of any person to operate a motor vehicle should be suspended or revoked, or whether terms or conditions of probation should be imposed upon receiving information from any member of the vehicle operator's family within 3 degrees of consanguinity, or the operator's spouse, who has reached 18 years of age, except that no person may report the same family member pursuant to this section more than one time during a 12-month period.
- The report described in subdivision (a) shall state that the person filing the report reasonably and in good faith believes that the operator cannot safely operate a motor vehicle. The report shall be based upon personal observation or physical evidence of a physical or medical condition that has the potential to impair the ability to drive safely, or upon personal knowledge of a driving record that, based on traffic citations or other evidence, indicates an unsafe driver. The observation or physical evidence, or the driving record, shall be described in the report, or the report shall be based upon an investigation by a law enforcement officer.
- No person who makes a report in good faith pursuant to this section shall be civilly or criminally liable for making that report.
- This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.