Driver Negligence - California DMV (2024)

The Negligent Operator Treatment System (NOTS)

NOTSis based on negligent operator points and is a series of warning letters and progressive penalties against your driving privilege.

NOTS affects California drivers 18 years of age and older. Younger “provisional” drivers are also included in the NOTS program if they violate provisional probation or suspension. Provisional drivers are provided a hearing under Vehicle Code (VC) §12814.6 (c) only if they are involved in an accident.

Negligent Operator Points

NOTS Points

One-Point Convictions

VC §12810 requires DMV to assign one point to any conviction “involving the safe operation of a motor vehicle upon the highway.” Examples of one-point VC violations are:

• VC §22348 (a) Speed
• VC §24002 Unsafe Vehicle

A mechanical violation may be assigned zero or one point, depending on whether it affects safe operation. For example:

• 0 point conviction – No light on license plate

Two-Point Convictions

All two-point convictions are mandated by the VC. These violations are considered more serious by the legislature because of the increased traffic safety risk. Examples of two-point convictions are:

• VC §20002 Hit and Run
• VC §23152 Driving Under the Influence

Commercial Vehicle Conviction/Collision Points

• Under VC §12810, a conviction is assessed one or two points.
• Under VC §12810.5(b)(2), a conviction which occurs during the operation of a vehicle requiring a Class A or B license, or any certificate or endorsem*nt listed in the section, is given a point count of 1 ½ times its usual value.
• For example, a conviction of VC §22348(a), speeding, is a one-point violation. However, a commercial vehicle violation for the same offense is 1 ½ points.

Out-of-State Convictions

• DMValso assesses negligent operator points for traffic convictions California drivers receive in other states, the District of Columbia, Puerto Rico, and Canada.
• Under VC §13363, DMV determines whether the same violation, if committed in California, would be assessed negligent operator points or would be grounds for suspension or revocation.

Points resulting from out-­of-­state convictions may form the basis, or part of the basis, for a NOTS action.

Out-of-State Collisions

• If a California driver has a collision out of state, it may be reported to DMV through the Problem Driver Pointer System (PDPS), National Driver Register or out-of-state law enforcement agencies.
• These collisions are entered on individual records and report the date and location of the collision. When there is not enough information to determine responsibility, these collisions are not assigned NOTS points. Therefore, no NOTS action is imposed.
  • Exception: if the driver is suspended at Level III or IV and the collision occurs during a suspension when it is evidence of driving while suspended.
• When these reports are reviewed and it is determined that the driver was responsible, had been drinking, was injured, etc. the report is then updated onto the driver’s record and, if the driver was responsible, the collision adds a NOTS point to the record.

Conditions for Higher Point Count

Class A or B drivers are allowed a higher point count before they are presumed negligent under VC §12810.5, if the following conditions exist:

• They request and appear at a NOTS hearing.
• They do not hold any of the following special certificates or endorsem*nts: Ambulance, School Bus, School Pupil Activity Bus, Farm Labor, Tour Bus, Youth Bus, General Public Paratransit, or Hazardous Materials.
• They do not have 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months that are attributable to the driver’s operation of a vehicle requiring only a class C license and not requiring a certificate or endorsem*nt, or a class M license.

Class A or B drivers meeting all the above conditions are considered prima facie negligent operators if they have the following point count accumulated on the driver’s record:

• 6 points in 12 months
• 8 points in 24 months
• 10 points in 36 months