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California Vehicle Code Section 12505

Legal Research Home > California Laws > Vehicle Code > California Vehicle Code Section 12505

12505.  (a) (1) For purposes of this division only and
notwithstanding Section 516, residency shall be determined as a
person's state of domicile. "State of domicile" means the state where
a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the
intention of returning whenever he or she is absent.
   Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
   (A) Address where registered to vote.
   (B) Payment of resident tuition at a public institution of higher
education.
   (C) Filing a homeowner's property tax exemption.
   (D) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
   (2) California residency is required of a person in order to be
issued a commercial driver's license under this code.
   (b) The presumption of residency in this state may be rebutted by
satisfactory evidence that the licensee's primary residence is in
another state.
   (c) Any person entitled to an exemption under Section 12502,
12503, or 12504 may operate a motor vehicle in this state for not to
exceed 10 days from the date he or she establishes residence in this
state, except that a person shall not operate a motor vehicle for
employment in this state after establishing residency without first
obtaining a license from the department.
   (d) If the State of California is decertified by the federal
government and prohibited from issuing an initial, renewal, or
upgraded commercial driver's license pursuant to Section 384.405 of
Title 49 of the Code of Federal Regulations, the following applies:
   (1) An existing commercial driver's license issued pursuant to
this code prior to the date that the state is notified of its
decertification shall remain valid until its expiration date.
   (2) A person who is a resident of this state may obtain a
nondomiciled commercial learner's permit or commercial driver's
license from any state that elects to issue a nondomiciled commercial
learner's permit or commercial driver's license and that complies
with the testing and licensing standards contained in subparts F, G,
and H of Part 383 of Title 49 of the Code of Federal Regulations.
   (3) For the purposes of this subdivision, a nondomiciled
commercial learner's permit or commercial driver's license is a
commercial learner's permit or commercial driver's license issued by
a state to an individual domiciled in a foreign country or in another
state.
   (e) The department may issue a nondomiciled commercial learner's
permit or nondomiciled commercial driver's license to a person who is
domiciled in a state or jurisdiction that has been decertified by
the federal government or not determined to be in compliance with the
testing and licensing standards contained in subparts F, G, and H of
Part 383 of Title 49 of the Code of Federal Regulations.
   (f) Subject to Section 12504, a person over the age of 16 years
who is a resident of a foreign jurisdiction other than a state,
territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid
driver's license issued to him or her by any other foreign
jurisdiction may operate a motor vehicle in this state without
obtaining a license from the department, unless the department
determines that the foreign jurisdiction does not meet the licensing
standards imposed by this code.
   (g) A person who is 18 years of age or older and in possession of
a valid commercial learner's permit or commercial driver's license
issued by any state, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
foreign jurisdiction that meets the licensing standards contained in
subparts F, G, and H of Part 383 of Title 49 of the Code of Federal
Regulations shall be granted reciprocity to operate vehicles of the
appropriate class on the highways of this state.
   (h) Any person from a foreign jurisdiction that does not meet the
licensing standards contained in subparts F, G, and H of Part 383 of
Title 49 of the Code of Federal Regulations shall obtain a commercial
learner's permit or commercial driver's license from the department
before operating on the highways a motor vehicle for which a
commercial driver's license is required, as described in Section
12804.9. The medical examination form required for issuance of a
commercial driver's license shall be completed by a health care
professional, as defined in paragraph (2) of subdivision (a) of
Section 12804.9, who is licensed, certified, or registered to perform
physical examinations in the United States of America. This
subdivision does not apply to (1) drivers of schoolbuses operated in
California on a trip for educational purposes or (2) drivers of
vehicles used to provide the services of a local public agency.
   (i) This section does not authorize the employment of a person in
violation of Section 12515.
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Last modified: March 17, 2014