Negligent Operator Treatment System Hearings

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The purpose of a Negligent Operator Treatment System (NOTS) hearing is to:

  • Review the driver’s record (including factors that may have positively or negatively affected the driver’s behavior).
  • Decide whether the driver should be considered a negligent operator under the point count system.
  • Decide whether any action against the driving privilege is needed.

As a driver, you must be given the opportunity to produce evidence and testify in detail regarding your driver’s record. The hearing action must be supported by sufficient evidence.

Scope of NOTS Hearings

NOTS hearings consider:

  • The correctness of your driver’s record.
  • If you have any pending court charges, collisions, or convictions not shown on your driver’s record (which will not be used as the basis for an action but may reflect whether you have a negligent pattern of driving).
  • Your driving history.
  • Whether your driver’s record shows a pattern of repeat collisions and violations.
  • Whether alcohol consumption is related to major violations and collisions when indicated by the record.
  • Any factors that may have impacted the driver’s actions, either negatively or positively.
  • Physical and mental (P&M) conditions related to the driver’s record.

Stays

If a hearing request is received within the allowed timeframe and a hearing cannot be held before the effective date of the order, DMV will grant a stay. This means that DMV may not take any action against driving privilege until the hearing has been held.

P&M Denial of Stay

A stay is not granted in NOTS cases when evidence exists of a P&M condition that presents an immediate driving risk and action has been taken under Vehicle Code (VC) §13953.

Stay for DMV Review

When DMV review is requested within 15 days of a NOTS hearing decision and the review cannot be completed before the effective date, a stay is required under VC §14105.5.

Frequently Asked Questions

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