View Full Version : Living out of state and driving(working in Ca)
slowride
04-06-2008, 09:54 AM
A guy at work got a cite for 14600. He lives in AZ but somehow has a CDL with his AZ address on it. A Chippie banged him for 14600. So my question would be a two part question: 1st How is it possible to have a CDL with an AZ address, and 2nd is there a DMV exemption for folks who regularly work in california but live in another state. This employee drives a fire apparatus for the state of california, so he is required by us to maintain a Commercial CDL.:noidea:
BoySergeant
04-06-2008, 07:36 PM
Greetings:
Without having all of the information, it sounds like your friend 'coughed up' some information to the officer. We probably don't know everything that was said. But, based upon whatever information it was, the officer formed the opinion your friend was in violation of failing to notify the DMV of his correct or new address within 10 days. That's all the violation is... it is not about residency in the state (except that his license has a different residence than it should).
If you are curious about residency, I would read CVC section 12505 for clarification. CVC section 12505(a)(4) states that prima facie evidence of residency for driver's licensing purposes includes, but is not limited to other acts, occurrences, or events that indicate presence in the state is more than temporary or transient. Section (c) states that if you have an exemption, you may operate the motor vehicle in the state for not more than 10 days until you establish residence in the 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. However, there are no exemptions for him I can think of presently.
There are a lot of things he could have said to the officer that made him believe the residence on his license was not the current or correct one. Best thing for your friend to do is simply correct the infraction and move on. Maybe he rent's a room from someone for a few nights a week or has an apartment or another house in California... there are lots of what-ifs and speculative answers.
If he really is ONLY living in Arizona and works in California, then a 14600 violation would not exist since the correct information is on his license. In that case, the best option is to take it to court and let a judge decide.
vBulletin® v3.8.7, Copyright ©2000-2012, vBulletin Solutions, Inc.