P.O. BOX 2114DAVIS CA 95616PHONE (530) 756-9367FAX (530) 756-5592
EMAIL jno@jofrun.com

Special Certificates

DMV can refuse to issue, or revoke or suspend, your Special Certificate required to drive a School Bus, Ambulance, or certain other vehicle types. To protect your certificate -- and your job -- it is critical that you request a DMV hearing if this is an option in your situation.

If you go to a certificate hearing with O'Flaherty and Associates we cannot guarantee success but your chances of winning are better than good. With O'Flaherty and Associates you are represented by an individual who knows more about Certificate issues than almost anyone in the state and has trained many of the DMV individuals responsible for Certificate hearings.

The following sections will provide you with additional details about Special Certificates, including specifics about hearings and other issues which may bear on your case.

DMV Special Certificate Types

AbbreviationCertificate
AMBAMBULANCE *
F/LFARM LABOR *
GPPVGENERAL PUBLIC PARATRANSIT VEHICLE *
HAMHAZARDOUS AGRICULTURAL MATERIALS
SCHSCHOOL BUS *
SPABSCHOOL PUPIL ACTIVITY BUS *
VDDPVEHICLE FOR DEVELOPMENTALLY DISABLED PERSONS *
YOBYOUTH BUS *
TDDTOW TRUCK DRIVER
 
* Certificate issues that allow for hearings and in which O'Flaherty and Associates are expert
 
DMV Endorsement Types

CodeEndorsement
HMHAZARDOUS MATERIALS
PVPASSENGER VEHICLE
HCR45' HOUSECAR

Agencies and/or other entities providing information affecting Special Certificates
DMV Commercial Driver License Unit (CDL)
California Highway Patrol (CHP)
Other Law Enforcement Agencies
Department of Justice ("Rap sheets")
Physicians
Employers
Media

Hearings

At Special Certificate hearings the Hearing Officer makes a proposed decision and a review board makes the final decision. The board can overturn, accept or modify the Hearing Officers decision.

It has been the practice and policy of DMV to hold hearings on ALL Ambulance issues including mandatory actions. For hearings pertaining to an Ambulance Special Certificate, the ambulance board is made up of the following individuals:
  • CHP Representative (Chair)
  • DMV Representative
  • EMT Representative
For hearings pertaining to a School bus Special Certificate, the school bus board is made up of the following individuals:
  • DMV Representative (Chair)
  • CHP Representative
  • Board of Education Representative
It has been the practice of DMV for a number of years to take actions on certificate issues directly from DOJ reports (i.e. Rap Sheets) without support of court documents or arrest reports. This is a very questionable practice and only when a hearing is requested do they attempt to obtain source documents. The bottom line here is that unless you request a hearing the department is taking action against your certificate (your job) without any evidence that would allow them to take the action as a result of a hearing. If you fail to request a hearing .... It is a NO-BRAINER!

If you go to a certificate hearing with O'Flaherty and Associates we cannot guarantee success but your chances of winning are better than good.

Issues of "Moral Turpitude"

A high percentage of actions are taken against certificate holders and applicants based on a issue of "Moral Turpitude". Moral turpitude is an elusive concept which is incapable of precise definition and which may vary according to the community or the times. Any crime in which an intent to defraud is an essential element is a crime of Moral Turpitude.

Based on this information I have represented the Department when the respondent was convicted twenty years ago of stealing a hubcap, a bottle of antacid, and newspapers from a roadside stand. Convictions for spousal abuse, welfare fraud, drug sale, petty theft, are the basis of most actions taken. These issues must be explored and an effective defense presented if the respondent is to prevail at a DMV hearing.

Court Dismissal for Prior Conviction

Court dismissals under 1203.4 PC do not affect certificate issues. Such a dismissal means the applicant has successfully completed court imposed probation. However the offence still remains a conviction for license and certificate purposes and must be disclosed on an application.

If you have been convicted of a crime and completed the terms of probation and have had no subsequent adverse actions, talk to an Attorney or contact a court about obtaining a 1203.4 dismissal. If you have a pending Certificate issue this is important and we can effectively present this issue at a hearing.

Requests for Stay of Action

In School Bus actions, if safety of students is not in question, management of DMV may order a stay of action when requested by the respondent so you should always request a stay.

In Ambulance actions the Department almost always refuses to issue a stay without any foundation for this decision, but you should always request a stay in any event. A stay will be granted if the request is handled correctly. O'Flaherty and Associates will pursue this with DMV agressively on your behalf.

A denial action is ordered when the permanent certificate has not been issued.



Disclaimer: The information presented on this site should not be construed to be formal legal advice. We are not attorneys and we encourage you to seek legal advice regarding your individual legal issues.

The Administrative Procedure Act (APA) found in California Government Code Sections 11400 through 11528, and CVC Sections 14100 through 14112 govern Driver Safety hearings conducted by DMV.