AB-60 Driver’s License Hearing 2017-05-07T05:03:40+00:00

AB-60 Driver’s License Hearing

What is Assembly Bill 60 (AB 60)?

In October 2013, California Governor Jerry Brown signed AB 60 into law. AB 60 is a law permitting any eligible California resident to apply for and receive a California Driver License, regardless of their immigration status. AB 60 rolls back a previous law that discriminated against immigrants since 1993 by making it impossible for undocumented immigrants to lawfully obtain a driver license. Between 1993 and 2014, undocumented immigrants could not lawfully drive to work or run basic errands without the fear of being arrested and having their vehicles impounded. Thousands of citations were issued and thousands of vehicles were impounded during this time in our history.
Effective January 1, 2015, AB 60, known as “The Safe and Responsible Driver Act,” allows any eligible California resident to apply for a California Driver License. Although the Driver License issued under AB 60 will have features that distinguish it from a regular driver license, it will permit previously unlicensed drivers to lawfully drive a motor vehicle and to purchase auto insurance, even if they are illegally in the country.
Opponents of AB 60 argue that this law rewards illegal immigrants with an enormously powerful privilege. Proponents, however, argue that AB 60 will make our public roadways safer by forcing applicants to pass a written test and a “behind the wheel” test. It also will force applicants to demonstrate proper auto insurance.

What Makes Me Eligible for a Driver License Under AB 60?

Essentially any person who resides in California and is over the age of 18 may apply for a Driver License under the provisions of AB 60. Previously a person had to possess a valid Social Security Number and thereby be in the country lawfully before applying for a California Driver License.
Under the provisions of AB 60, an applicant need only prove their true identity and that they reside in California. The applicant’s immigration status is not considered during the application process.

  • 18 Years Old
  • Prove True Identity
  • Must Reside In California

How Do I Apply for a Driver License Under AB 60?

The application process is quite simple but because the Department of Motor Vehicles expects more than 1 million people to apply, there are likely to be delays in the process. To be awarded a California Driver License under AB 60, an applicant must:
• Complete a driver license application on the AB 60 form. The form is available in a variety of languages.
• Prove their true identity. Under AB 60, the DMV may consider passports, consular IDs, birth certificates, college transcripts, marriage licenses, divorce decrees and income tax returns. Some applicants may be interviewed to verify documents and identification.
• Prove residency in California. Under AB 60, the DMV may consider rental or lease agreements, deeds or titles to property, mortgage bills, utility bills, school records, tax returns, and banking records.
• Pass a written test. Under AB 60, all applicants must pass a written test which demonstrates their knowledge of the rules of the road. The written test is offered in a variety of languages and, upon request, may be taken in an audio format or during an interview with an examiner.
• Pass a “behind the wheel” drive test. Under AB 60, all applicants must demonstrate they possess the “skill to drive” during a drive test with an examiner. Most examiners speak English and so all applicants must be prepared to respond to driving commands given in English. You are not permitted to have an interpreter in the car during the drive test. During the application process, AB 60 does permit applicants to be issued a Special Instruction Permit to allow for training and practice driving prior to the drive test.
• Pass a vision test. All applicants are required to pass a test demonstrating they have adequate vision. Applicants are permitted to wear eye glasses or contact lenses as part of the process but may be required to wear corrective lenses in the future when they drive.
• Provide a thumb print. Like every other applicant in California, those persons applying for a driver license under AB 60 must provide a thumb print for verification of identification.
• Submit to a facial photograph. All persons applying for a driver license in California must submit to a full face photograph. Although glasses may be worn, the applicant is not permitted to wear other item or garment which covers the face during the photograph.
• Pay an application fee. All applicants for a driver license, including those applying under AB 60 must pay an application fee of $33.00.
• Show proof of insurance. Every driver in California, including those applying for licensing under AB 60, must have proof of financial responsibility (auto insurance) to receive a driver license.
Although there are organizations in the community who will assist an applicant in preparing for the licensing process, it is illegal for anyone to charge a fee to assist you in applying for a driver license under AB 60. Free information is available from the DMV at http://apps.dmv.ca.gov/ab60/index.html or from the Drive CA/Maneja CA Coalition at driverslicense@caimmigrant.org

What Can I Do If I’m Denied a Driver License Under AB 60?

At California Drivers Advocates (CDA), we are experts in understanding the California Vehicle Code. AB 60 is one of the strongest laws supporting immigrant rights to appear in many years but it can be complicated and contradictory. Many applicants will find themselves invited into a “secondary review” before their application is approved. If you have been asked to appear at a secondary review, this may be as simple as verifying the authenticity of documents submitted, however, if the DMV suspects that you may have introduced fraudulent documents or that you are not residing in the State of California, the secondary review could be much more dangerous. Once an applicant enters the secondary review process, they may find themselves caught up in seemingly endless levels of review and re-review. Ultimately, the application for the AB-60 driver license will be approved or denied.

If you receive notification that your application for an AB-60 driver license has been denied, you are entitled to a formal hearing to appeal the decision.
Everything the DMV does is time sensitive and so if you are denied a driver license under AB 60, you may have as little at 14 days to request an Administrative Hearing to appeal that decision. Contact us immediately and we will go to work immediately to protect your rights.

It is critical that you be represented by an Administrative Advocate or attorney to insure that the AB-60 Driver’s License hearing officer correctly reviews all of the evidence.
Read More about AB 60 Drivers License like how to obtain hearings, and how we fight for you.
  • Scheduling & Obtaining a AB 60 Hearing
  • Preparing for your AB 60 Hearing
  • Our Defense at Your AB 60 Hearing
  • Denial of an AB 60 Drivers License
  • What is a Secondary Review?
  • Scheduling a Secondary Review.

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