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California - Residency and the 10 day rule for licenses

California - Residency and the 10 day rule for licenses

Old Aug 27th 2009, 9:03 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by Rete View Post
Many states say if you are a resident for 30 days you must have a state license.
California only gives you 10 days in which to get a California driver's license after you become a California resident according to California's definition of "resident".

This is (one of the very few things that is) spelled out very clearly on the CA DMV web site.
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Old Aug 27th 2009, 9:35 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by md95065 View Post
California only gives you 10 days in which to get a California driver's license after you become a California resident according to California's definition of "resident".

This is (one of the very few things that is) spelled out very clearly on the CA DMV web site.
That isn't what it says on the DMV website.
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Old Aug 27th 2009, 9:57 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
That isn't what it says on the DMV website.
OK - what it says on the DMV web site is:

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.
... which is, I think, essentially what I said. The specific point that I was responding to was the time period which is, as I said, 10 days and not 30 days as it apparently is in some other states.
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Old Aug 27th 2009, 10:27 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by md95065 View Post
OK - what it says on the DMV web site is:



... which is, I think, essentially what I said. The specific point that I was responding to was the time period which is, as I said, 10 days and not 30 days as it apparently is in some other states.
Right, but what I am saying is I live here, but apparently I am not a resident, because I have done none of the things mentioned on the DMV site that would qualify me, or anything like them.

I work, eat and sleep in California, but am I a resident? Apparently not yet.
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Old Aug 27th 2009, 10:37 pm
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Default Re: California - Residency and the 10 day rule for licenses

The DMV website looks different from when we moved here 4 years ago. It used to have a section specifically for drivers coming from overseas, in which I'm sure it said having a job established residency, but I can't find that now.
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Old Aug 27th 2009, 10:38 pm
  #36  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
Right, but what I am saying is I live here, but apparently I am not a resident, because I have done none of the things mentioned on the DMV site that would qualify me, or anything like them.

I work, eat and sleep in California, but am I a resident? Apparently not yet.
errr.... "or any other privilege or benefit not ordinarily extended to nonresidents."

So yes, you are in their eyes, resident of the state of CA...by living and working there.
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Old Aug 27th 2009, 10:42 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
Right, but what I am saying is I live here, but apparently I am not a resident, because I have done none of the things mentioned on the DMV site that would qualify me, or anything like them.

I work, eat and sleep in California, but am I a resident? Apparently not yet.
Dahling, it's not us you have to convince, it's the CHiPpies.. the only reason I remember this is that I was just proved wrong in a very recent thread on the topic. Check out this link, and when you get to the visajourney link, read that.
Even if you are 'technically' correct by some scientific reasoning, you're going to lose when the ticket book comes out.

btw, I agree that you are under this: "or any other privilege or benefit not ordinarily extended to nonresidents."

Driving License in California



edit: this is an unofficial site but if you were truly motivated you could look up the California code and see what the law actually says.

New California Residents

New residents to “The Golden State” are required to do a variety of things in order to become a compliant driver in the eyes of the DMV. If you recently moved to California, be prepared to become familiar with these rules if you intend to drive.

1. You must apply for a California state I.D. card or Drivers License within ten days of moving here or upon accepting employment. This includes commercial driver licenses and motorcycle licenses.
2. You may apply for a provisional license or permit if you meet the requirements listed by the California Department of Motor Vehicles.
3. You also must register any vehicle currently bearing out-of-state plates within 20 days of becoming a resident or accepting employment within California.


Darn you, I did it anyway.
Vehicle Code Table of Contents » Division 1 » Section 516

Resident

516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.

The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.

(b) Location of employment or place of business.

(c) Payment of resident tuition at a public institution of higher education.

(d) Attendance of dependents at a primary or secondary school.

(e) Filing a homeowner's property tax exemption.

(f) Renting or leasing a home for use as a residence.

(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.

(h) Possession of a California driver's license.

(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
Amended Ch. 13, Stats. 1991. Effective February 13, 1991.

Last edited by meauxna; Aug 27th 2009 at 10:49 pm.
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Old Aug 27th 2009, 10:48 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
Right, but what I am saying is I live here, but apparently I am not a resident, because I have done none of the things mentioned on the DMV site that would qualify me, or anything like them.

I work, eat and sleep in California, but am I a resident? Apparently not yet.
http://www.dmv.ca.gov/pubs/vctop/d06/vc12505.htm

This is more detailed, the important bit being

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.
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Old Aug 27th 2009, 11:34 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by meauxna View Post
Darn you, I did it anyway.
Vehicle Code Table of Contents » Division 1 » Section 516

Resident

The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.

(b) Location of employment or place of business.


(c) Payment of resident tuition at a public institution of higher education.

(d) Attendance of dependents at a primary or secondary school.

(e) Filing a homeowner's property tax exemption.

(f) Renting or leasing a home for use as a residence.

(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.

(h) Possession of a California driver's license.

(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
Amended Ch. 13, Stats. 1991. Effective February 13, 1991.
Don't forget B.
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Old Aug 27th 2009, 11:47 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by Bob View Post
Don't forget B.
thanks, they got blurry with all those letters.
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Old Aug 28th 2009, 12:31 am
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
So...

I've been here for over 10 days, but don't own a car.

Next week I am going to the DMV to do the test and get my license. In order to that, I need to hire a car.

Does this mean I am not actually allowed to drive the car to the DMV to get the license? Am I supposed to get someone else to drive me?

-G
You can 'do it' in a rental I did. Tell them you are doing a test though and they'll provide extra docs to state you are Ok to drive.
From memory the wife came with me but I drove since you're allowed to drive on the learners permit anyway if accompanied.
At the time I didn't think about using my UK license for the rental which would mean could drive unaccompanied.
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Old Aug 28th 2009, 2:54 pm
  #42  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by KnightSaber View Post
But it makes zero sense. If the Federal Government says your not a resident yet how could you be a state resident? That would require some sort of wormhole.
The difference is, on a Federal level, you are not a legal resident allowed and entitled to stay in the US yet, but on the state level (every state, btw), as soon as you take up actual, factual residence in that state, you are required to obtain a state driver's license.
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Old Aug 28th 2009, 11:29 pm
  #43  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
So...

I've been here for over 10 days, but don't own a car.

Next week I am going to the DMV to do the test and get my license. In order to that, I need to hire a car.

Does this mean I am not actually allowed to drive the car to the DMV to get the license? Am I supposed to get someone else to drive me?

-G
When you passed your written test, did you get a permit or a temporary license? As a holder of a UK license, you should have got the latter, which allows you to drive unaccompanied. At least that is what I got.

I think that a rental car must have CA plates. I tried to rent a car from a place that only had Nevada cars. I think also that not all rental companies allow you to use their cars for a test. Ask to make sure. In the end, I borrowed a friends car, which was recommended to me by the DMV, and drove myself (unaccompanied) to and from the test.

Paul
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Old Aug 29th 2009, 2:39 am
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Default Re: California - Residency and the 10 day rule for licenses

Test Vehicle Requirements
The vehicle you use for your driving test must be safe to drive. Before the test, the examiner checks for:

two license plates. The rear plate must show current registration.
both front and back turn signal lights and working brake lights.
a working horn designed for the vehicle.
tires with no bald spots.
adequate brake pressure (you will be asked to step on the brake pedal to see if it works properly).
a driver’s side window that rolls down.
a windshield that allows a full unobstructed field of vision.
two rear view mirrors (one must be on the outside, to the driver’s left).
driver and front passenger doors that open from both the inside and outside.
a secured glove compartment door so it doesn't open during the test.
a passenger seat permanently attached to the vehicle.
working safety belts, if the vehicle was manufactured with safety belts.
working emergency/parking brake.
Financial Responsibility
You must show that your vehicle is properly insured before the driving test begins (or the test will be postponed) by providing one of the following:

A document with the liability insurance policy or surety bond number.
An Assigned Risk insurance card with the name of the assigned insurance company, file number, and current coverage dates.
Current insurance binder or copy of an insurance policy signed or countersigned by an insurance company representative.
Rental car contract if the driver is listed on the contract as the insured.
DMV-issued certificate of self-insurance or acknowledgment of cash deposit.
Written confirmation from the insurer that the person is insured.

California DMV does allow rental cars to be used provided it meets the above criteria.
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Old Aug 29th 2009, 4:52 am
  #45  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by Rete View Post
And on top of that the definition of resident for the USCIS defers from the IRS definition of resident.
And on top of THAT, my uni determines that even though I have a job, lease, and have lived in PA for 1.5yrs, I am going to be non-resident for tuition purposes as long as I'm on a non-resident visa.... bastards.
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