California - Residency and the 10 day rule for licenses
Aug 27th 2009, 6:05 am
#16
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Joined: Jun 2008
Location: Malibu, CA
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Re: California - Residency and the 10 day rule for licenses
From the California DMV official site:
Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.
So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.
I have already rented a car several times with no problems whatsoever at the rental place.
So what's the official deal?
If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents
Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.
So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.
I have already rented a car several times with no problems whatsoever at the rental place.
So what's the official deal?
Aug 27th 2009, 6:16 am
#17
Account Closed
Joined: Jan 2006
Posts: 0
Re: California - Residency and the 10 day rule for licenses
or any other privilege or benefit not ordinarily extended to nonresidents
I'd venture it all depends on what they consider a privilege or benefit not usually extended to a non-resident, seems kinda vague in the ways its worded and who knows what all they consider a benefit to being a resident.
If your being paid in California and having state disability deducted I suppose they could consider that a benefit of being a resident since non-residents are not usually covered under California's temp. disability insurance.
California always gotta be so confusing.
I'd venture it all depends on what they consider a privilege or benefit not usually extended to a non-resident, seems kinda vague in the ways its worded and who knows what all they consider a benefit to being a resident.
If your being paid in California and having state disability deducted I suppose they could consider that a benefit of being a resident since non-residents are not usually covered under California's temp. disability insurance.
California always gotta be so confusing.
Aug 27th 2009, 4:24 pm
#18
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Location: MA, USA
Posts: 92,170
Re: California - Residency and the 10 day rule for licenses
If you have a lease on a rental place in CA, your resident of CA...unless you have an apartment in a neighbouring state.
Aug 27th 2009, 4:29 pm
#19
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Joined: Jun 2008
Location: Malibu, CA
Posts: 921
Re: California - Residency and the 10 day rule for licenses
If I was renting an apartment for 1 month for a vacation, would that make me a resident?
Aug 27th 2009, 4:39 pm
#20
Joined: Jan 2008
Posts: 7,605
Re: California - Residency and the 10 day rule for licenses
If I was renting an apartment for 1 month for a vacation, would that make me a resident?
Aug 27th 2009, 4:40 pm
#21
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Joined: Apr 2001
Posts: 46,382
Re: California - Residency and the 10 day rule for licenses
The immigration (Federal) definition of 'resident' is different from the State's definition of 'resident'. As far as the State is concerned, you're a resident there as soon as you set yourself up there (10 days?).
What's your current legal status, and what documents can you use to satisfy California's DMV regulations?
What's your current legal status, and what documents can you use to satisfy California's DMV regulations?
And on top of that the definition of resident for the USCIS defers from the IRS definition of resident.
Aug 27th 2009, 4:41 pm
#22
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Joined: Apr 2001
Posts: 46,382
Re: California - Residency and the 10 day rule for licenses
Curious where you found this nugget of information. Have you checked out the California's DMV's requirements. Many states say if you are a resident for 30 days you must have a state license.
Hi,
So ive been told that while awaiting your EAD (which is required for a California Driving License) you can still use your foreign one. However I came across a few topics where people who were in the middle of adjusting status were pulled over and fined over $1000 even though they argued they couldn't get a US license yet and weren't technically residents, but the cop said the fact that they were in a US residence for over 10 days showed they were for California purposes.
Unfortunately they accepted a plea bargain so its never come before a judge.
If this is true that means that a 45-80 day gap exists where you can't drive!
So ive been told that while awaiting your EAD (which is required for a California Driving License) you can still use your foreign one. However I came across a few topics where people who were in the middle of adjusting status were pulled over and fined over $1000 even though they argued they couldn't get a US license yet and weren't technically residents, but the cop said the fact that they were in a US residence for over 10 days showed they were for California purposes.
Unfortunately they accepted a plea bargain so its never come before a judge.
If this is true that means that a 45-80 day gap exists where you can't drive!
Aug 27th 2009, 5:39 pm
#23
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: California - Residency and the 10 day rule for licenses
My husband went on his own, and failed
, they were fine for him to drive away on his own even then.
Aug 27th 2009, 6:11 pm
#24
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Re: California - Residency and the 10 day rule for licenses
Aug 27th 2009, 7:33 pm
#25
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: California - Residency and the 10 day rule for licenses
For California law, you must have a Californian driving license.
You just don't need someone to go and hold your hand at the DMV.
I guess they write the handbook with the assumption that most people taking their test are teenagers and have never held a driving license, therefore cannot drive on their own until they pass the CA test. So need someone with them to drive home with them should they fail.
Aug 27th 2009, 7:35 pm
#26
Just Joined
Joined: Mar 2009
Posts: 16
Re: California - Residency and the 10 day rule for licenses
Hi Guys
I need to get advice on this too
We arrived in CA 29th June. I have my written test booked for 15th Sept. What do I need to do now to get myself and my wife legal to drive?
Can I pop into the local DMV to get a 'paper' license until I pass?
I need to get advice on this too
We arrived in CA 29th June. I have my written test booked for 15th Sept. What do I need to do now to get myself and my wife legal to drive?
Can I pop into the local DMV to get a 'paper' license until I pass?
Aug 27th 2009, 7:38 pm
#27
Joined: Mar 2009
Location: Google Town
Posts: 7,532
Re: California - Residency and the 10 day rule for licenses
From the California DMV official site:
If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents
Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.
So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.
I have already rented a car several times with no problems whatsoever at the rental place.
So what's the official deal?
If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents
Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.
So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.
I have already rented a car several times with no problems whatsoever at the rental place.
So what's the official deal?
Aug 27th 2009, 7:48 pm
#28
Concierge
Joined: Apr 2001
Posts: 46,382
Re: California - Residency and the 10 day rule for licenses
Not just teenagers but anyone with only a learner's permit and no driver's license from another state, country, etc.
If you hold a license from the UK you are legally allowed to drive anywhere in the world without anyone else in the car with you.
For California law, you must have a Californian driving license.
You just don't need someone to go and hold your hand at the DMV.
I guess they write the handbook with the assumption that most people taking their test are teenagers and have never held a driving license, therefore cannot drive on their own until they pass the CA test. So need someone with them to drive home with them should they fail.
For California law, you must have a Californian driving license.
You just don't need someone to go and hold your hand at the DMV.
I guess they write the handbook with the assumption that most people taking their test are teenagers and have never held a driving license, therefore cannot drive on their own until they pass the CA test. So need someone with them to drive home with them should they fail.
Aug 27th 2009, 7:49 pm
#29
Joined: Apr 2002
Posts: 35,082
Re: California - Residency and the 10 day rule for licenses
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Aug 27th 2009, 8:38 pm
#30
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Joined: Jun 2008
Location: Malibu, CA
Posts: 921
Re: California - Residency and the 10 day rule for licenses
You can get paid in California and not live there.