 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Khouja v. State11/7/2002
time DMV retains the form.
Appellants further contend that the state of affairs surrounding issuance of Mkhize's temporary license ignores the Guidelines which delineate that the appropriate "action" for a driver with severe macular degeneration is a special driving test. If that test is unsatisfactory, the next step is the issuance of an order of revocation before the driver leaves the field office. Rhonda Craft, a driver safety manager, provided unrefuted evidence that the Guidelines constitute an in-house publication for the driver safety staff in assessing whether to take action against a referred licensed driver with a physical or mental condition, and, if so, what action to take. The Guidelines do not apply to decisions to issue an initial or temporary license or renew a license. Mkhize was not a referred driver; rather she was a renewal applicant.
More importantly, such in-house manuals and guidelines do not impose mandatory duties as they are not enactments within the meaning of Government Code section 815.6. The Guidelines were not adopted as a regulation by the DMV pursuant to the Administrative Procedures Act and therefore do not "hav the force of law." (Gov. Code, ยง 811.6; Posey v. State of California (1986) 180 Cal.App.3d 836, 849.)
C. The Licensing Immunity Applies
The broad licensing immunity conferred by Government Code section 818.4 insulates an agency from liability for discretionary licensing activities, but does not shield against the breach of mandatory duties. (Morris v. County of Marin (1977) 18 Cal.3d 901, 911-916; Trewin v. State of California, supra, 150 Cal.App.3d at p. 981; see Walt Rankin & Associates, Inc. v. City of Murrieta (2000) 84 Cal.App.4th 605, 628- 629.) Here, Government Code section 818.4 immunized the DMV against any liability connected with (1) its initial decision to issue the temporary license on June 3, 1999, and (2) its discretionary decision not to immediately terminate driving privileges after Mkhize failed the June 18, 1999 road test.
The summary judgment is affirmed.
We concur:
Kay, P.J.
Rivera, J.
Page 1 2 3 4 5 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|