Campbell v. Zolin (33 Cal. App. 4th 489, 1995)

Opinion

MIHARA, J.

Introduction

Kenneth Campbell appeals from a judgment denying a petition for mandamus following the Department of Motor Vehicle’s suspension of his driving license for failure to comply with the financial responsibility laws. We affirm.

Facts

On December 29, 1992, while driving an automobile owned by his mother, Lee Campbell, appellant was involved in a traffic accident with a car owned and operated by Teawood Kung. The accident occurred in the parking lot of the apartment complex where appellant resided.

On January 9, 1993, Kung prepared and signed a “Report of Traffic Accident” (Department of Motor Vehicles form SR 1A) notifying the Department of Motor Vehicles (DMV) of the accident, providing information concerning his insurance coverage, and estimating the cost of repairs to his vehicle to be $550. Kung stated that the accident did not result in any injuries.

Lee Campbell signed a similar report on February 17, 1993, wherein she estimated the cost of repairs to her vehicle to be $1,200 and asserted that Kung’s car suffered only $100 in damages. Campbell admitted that her car was not insured at the time of the accident. As had Kung, Campbell reported no injuries resulting from the collision.

On March 12,1993, the DMV sent appellant notice of its intent to suspend his driving privilege for failure to comply with the financial responsibility laws. (See Veh. Code, § 16070.) Following appellant’s timely request, the suspension was stayed pending an administrative hearing. (§ 16075, subd. (b).)

At the administrative hearing conducted on June 9, 1993, appellant submitted a written demurrer to the order of suspension in which he contested the jurisdiction of the DMV on the ground that the accident had occurred on private property. In the demurrer, appellant admitted that on the date in question, he was operating a motor vehicle and was involved in a collision with a second vehicle driven by Teawood Kung.

During questioning by the hearing officer, appellant reiterated that he was the driver of the vehicle involved in the accident and also conceded that he did not have any “financial responsibility insurance in effect” at the time of the incident. Appellant testified that the cost of repairs to his mother’s vehicle was between $1,000 and $1,200, and introduced a copy of a check in the amount of $618.47 issued to him by Kung’s insurance company as payment for the damages. The hearing officer introduced into evidence as a departmental exhibit a repair estimate of $542.66 for Kung’s vehicle. Additional estimates of $684.40 and $699.49 were also submitted.

It was uncontroverted that there were no deaths or injuries resulting from the accident. The only contested issue at the hearing was whether the accident, having occurred on private property, fell within the scope of the financial responsibility laws.

Following the hearing, the DMV issued a decision suspending appellant’s license for a one-year period effective June 13, 1993. The decision was based on the hearing officer’s findings that (1) appellant was the driver or owner of a vehicle involved in an accident on December 29, 1992; (2) the accident resulted in property damage over $500; and (3) appellant had not established that financial responsibility covered the driver of the vehicle involved in the accident. On July 30, 1993, the decision was sustained upon departmental review. (§ 14105.5.)

Thereafter appellant filed a petition seeking a peremptory writ of mandate directing the DMV to set aside its order of suspension. On December 17, 1993, the superior court heard the matter and issued an order sustaining the suspension. Appellant appealed from the order on January 18, 1994. A formal judgment denying the writ of mandate was entered on February 14, 1994.

Discussion

I. Premature Filing of the Notice of Appeal

II. Standard of Review

“When an administrative agency initiates an action to suspend or revoke a [driver’s] license, the burden of proving the facts necessary to support the action rests with the agency making the allegation. Until the agency has met its burden of going forward with the evidence necessary to sustain a finding, the licensee has no duty to rebut the allegations or otherwise respond. [Citations.]” (Daniels v. Department of Motor Vehicles (1983) 33 Cal.3d 532, 536 [189 Cal.Rptr. 512, 658 P.2d 1313].)

Since the retention of a driver’s license constitutes a fundamental vested right, the trial court must exercise its independent judgment to determine whether the weight of the evidence supported the administrative decision reached by the DMV. (Berlinghieri v. Department of Motor Vehicles (1983) 33 Cal.3d 392, 394-397 [188 Cal.Rptr. 891, 657 P.2d 383].)

“ ‘In reviewing the trial court’s ruling on a writ of mandate, the appellate court is ordinarily confined to an inquiry as to whether the findings and judgment of the trial court are supported by substantial, credible and competent evidence.’ ” (McNabb v. Department of Motor Vehicles (1993) 20 Cal.App.4th 832, 837 [24 Cal.Rptr.2d 641], quoting Rodriguez v. Solis (1991) 1 Cal.App.4th 495, 502 [2 Cal.Rptr.2d 50].) This limitation, however, is inapplicable to the construction of a statute, an issue which constitutes a question of law. (20 Cal.App.4th at p. 837.) “In such cases ... the appellate court is not bound by the trial court’s decision, but may make its own determination.” (Ibid.)

III. Was Appellant Involved in a Reportable Traffic Accident Within the Meaning of Sections 16000 and 16000.1?

In one form or another, California has required its drivers to be financially responsible for driving-related injuries since 1929. (King v. Meese (1987) 43 Cal.3d 1217, 1220 [240 Cal.Rptr. 829, 743 P.2d 889].) Generally, this obligation is satisfied by means of insurance. (Ibid.) Until 1990, only those accidents which occurred on a public street or highway qualified as a “reportable accident” triggering a driver’s duty to establish compliance with the state’s financial responsibility laws. (See former § 16000; Stats. 1984, ch. 1324, § 2, p. 4556.) Effective in 1989, however, the Legislature amended section 16000 and added section 16000.1 to the Vehicle Code for the express purpose of expanding the financial responsibility laws to include specified “off-highway accidents.”

Findings and declarations accompanying the legislation explain the public policy considerations supporting these measures: “The Legislature finds and declares as follows: [H (a) The current provisions of the Financial Responsibility Laws inadvertently do not permit the Department of Motor Vehicles to exercise its authority to suspend the driving privilege of an uninsured motorist who inflicts bodily injury or death upon individuals or who damages vehicles, buildings, or other property located on public and private property off the streets and highways. The Legislature further finds and declares that untold numbers of Californians are victims involved in these accidents, [