Legal Definition of Negligent Operator

California Vehicle Code §12810.5.

1. Except as otherwise provided in subdivision (b), any person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.

1. Any class A or class B licensed driver, except persons holding certificates pursuant to § 2512, 12517, 12519, 12523, or12523.5, or an endorsement issued pursuant to paragraph (2) or (4) of subdivision (a) of §15278, who is presumed to be a negligent operator pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie negligent operator. However, the higher point count shall not apply if the department reasonably determines that four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months are attributable to the driver's operation of a vehicle requiring only a class C license, and not requiring a certificate or endorsement, or a class M license.

2. For purposes of this subdivision, each point assigned pursuant to §12810 shall be valued at one and one-half times the value otherwise required by that for each violation reasonably determined by the department to be attributable to the driver's operation of a vehicle requiring a class A or class B license, or requiring any certificate or endorsement described in this.

2.The department may require a negligent operator whose driving privilege is suspended or revoked pursuant to this to submit proof of financial responsibility, as defined in § 16430, on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following that date of reinstatement.  

DMV Point Counts

California Vehicle Code §12810.

See the point counts chart at the California's DMV website.

In determining the violation point count, the following shall apply:  

1. Any conviction of failure to stop in the event of an accident in violation of § 20001 or 20002 shall be given a value of two points.

2. Any conviction of a violation of § 23152 or 23153 shall be given a value of two points.

3. Any conviction of reckless driving shall be given a value of two points.

1. Any conviction of a violation of subdivision (c) of §192 of the Penal Code, or of § 2800.2 or 2800.3, subdivision (b) of §21651, subdivision (b) of § 22348, subdivision (a) of § 23109, subdivision (c) of §23109, or § 31602 of this code, shall be given a value of two points.

2. Any conviction of a violation of subdivision (a) or (b) of § 23140 shall be given a value of two points.

4. Except as provided in subdivision (g), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.

5. Any traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

1. A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of § 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle. 2. Any conviction of a violation of paragraph (1) or (2) of subdivision (b) of § 12814.6, subdivision (a) of § 21116, § 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count. 3. A violation of § 23136 shall not result in a violation point count.

6. A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this.

7. Any conviction of a violation of § 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

8. Any conviction of a violation of § 27360 or 27360.5 shall be given a value of one point.

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