Negligent operator treatment systems (NOTS)

The Negligent Operator Treatment System (NOTS) is California's point-based program designed to identify and address drivers who accumulate excessive traffic violation points. The program uses a series of warning notices and progressively stricter sanctions, including the suspension or revocation of a driver's license.

NOTS generally applies to California drivers who are 18 years of age or older. It also applies to provisional drivers under the age of 18 who violate the terms of their probation or suspension. However, provisional drivers are entitled to an administrative hearing under California Vehicle Code section 12814.6(c) only if the action is based on their involvement in a traffic collision.

California DMV Negligent Operator Points System Explained including the Points Value

Negligent operator points are point values ranging from 0-3 points that are added to your driver’s record if law enforcement finds you responsible for a collision or traffic infractions.

Negligent operator points are assigned as follows:

One point is typically assessed for most moving traffic violations and for at-fault collisions.
Two points are assessed for more serious offenses, such as reckless driving, hit-and-run, or driving under the influence (DUI).
Three points may be assessed for certain major convictions involving the operation of a commercial motor vehicle.

How do I get assessed Negligent Operator Points at the California DMV?

Negligent operator points are assessed for convictions involving traffic violations that relate to the safe operation of a motor vehicle. Each qualifying conviction carries a designated point value under California law.

In addition to convictions, the California DMV may assess negligent operator points following a traffic collision if law enforcement reports indicate that you contributed to, were at fault for, or were otherwise responsible for the accident.

Before making a final determination regarding a driver's negligent operator status, the DMV considers all relevant evidence submitted, including traffic collision reports, court records, and any evidence presented by the driver. This review ultimately determines whether negligent operator points will be assessed against the driver's record.

What Are the Criteria for Negligent Operator Points at the California DMV?

The California Department of Motor Vehicles (DMV) uses the Negligent Operator Treatment System (NOTS) to monitor driving records and identify drivers who accumulate excessive points within specific time periods. If a driver reaches certain point thresholds, the DMV may issue warning letters, place the driver on probation, suspend the driver's license, or revoke driving privileges.

In determining whether to assess points for a collision, the DMV evaluates law enforcement reports and any other relevant evidence to decide whether the driver contributed to or was responsible for the crash. Once points are added to a driver's record, they are counted toward the NOTS thresholds that can trigger administrative action against the driver's license.

California negligent operator treatment systems (NOTS)

Determining California's Point Count System

California Vehicle Code section 12810 establishes the point values the DMV assigns for traffic convictions and other qualifying offenses under the Negligent Operator Treatment System (NOTS).

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12810.

One Point Violations

Under California Vehicle Code section 12810, the California DMV generally assigns one negligent operator point for any conviction involving the safe operation of a motor vehicle on a highway. Most moving violations fall into this category.

Examples of one-point violations include:

Vehicle Code § 22348(a) – Speeding
Vehicle Code § 24002 – Operating an Unsafe Vehicle

Some equipment or mechanical violations may result in zero or one point, depending on whether the violation affects the safe operation of the vehicle. For example:

0-point conviction: Failure to illuminate the rear license plate.

Whether a violation carries zero or one point depends on the specific offense and the circumstances surrounding the conviction as provided by California law.

Two Point Violations

Under California Vehicle Code section 12810, the California DMV assigns two negligent operator points for certain serious traffic offenses. These violations are considered by the Legislature to pose a significantly greater risk to public safety and, therefore, carry a higher point value than most traffic convictions.

Examples of two-point convictions include:

Vehicle Code § 20002 – Hit-and-Run
Vehicle Code § 23152 – Driving Under the Influence (DUI)

Because two-point convictions have a substantial impact on a driver's record, they can quickly lead to action under the Negligent Operator Treatment System (NOTS), including warning letters, probation, suspension, or revocation of driving privileges.

Commercial Vehicle Conviction/Collision Points

The California DMV may assess negligent operator points for certain traffic convictions you receive outside of California. This includes convictions from other U.S. states, the District of Columbia, Puerto Rico, and Canada.

Under California Vehicle Code section 13363, the DMV evaluates each out-of-state conviction to determine whether the same offense, if committed in California, would result in negligent operator points or provide grounds for the suspension or revocation of a driver's license.

If the out-of-state offense is equivalent to a point-count violation under California law, the DMV may add the appropriate number of points to your California driving record. These points can be used, in whole or in part, to support a Negligent Operator Treatment System (NOTS) action, including a warning, probation, suspension, or revocation of your driving privilege.

Out-of-State Collisions

If a California driver is involved in a traffic collision outside of California, the incident may be reported to the California DMV through the Problem Driver Pointer System (PDPS), the National Driver Register (NDR), or by an out-of-state law enforcement agency.

The DMV records the date and location of the collision on the driver's record. If there is insufficient information to determine whether the driver was responsible for the collision, the DMV will not assess a negligent operator (NOTS) point, and the collision alone will not result in a NOTS action.

Exception: If the driver is already subject to a Level III (probation/suspension) or Level IV (violation of probation) NOTS action and the collision occurred while the driver's license was suspended, the incident may be considered evidence that the driver operated a vehicle while under suspension.

If additional information later establishes that the driver was responsible for the collision or reveals other relevant facts—such as impairment, injuries, or other significant circumstances—the DMV may update the driver's record. When the evidence shows the driver was at fault, the DMV may assess one negligent operator point, which can be counted toward future NOTS actions.

Conditions for Higher Point Count

California law provides certain Class A and Class B commercial drivers with higher negligent operator point thresholds before they are presumed to be negligent under California Vehicle Code section 12810.5. To qualify for these higher limits, the driver must meet all of the following requirements:

Request and appear at a Negligent Operator Treatment System (NOTS) hearing.
Not hold any of the following certificates or endorsements:
- Ambulance
- School Bus
- School Pupil Activity Bus (SPAB)
- Farm Labor Vehicle
- Tour Bus
- Youth Bus
- General Public Paratransit
- Hazardous Materials (HazMat)
Have fewer than:
- 4 points within 12 months,
- 6 points within 24 months, and
- 8 points within 36 months
- that resulted from operating a vehicle requiring only a Class C license (without a special certificate or endorsement) or a Class M license.

If a commercial driver satisfies all of these conditions, the driver will not be presumed to be a negligent operator until reaching the following higher point totals:

6 points within 12 months
8 points within 24 months
10 points within 36 months

These enhanced thresholds recognize that commercial drivers often spend significantly more time on the road than non-commercial drivers while still ensuring accountability for unsafe driving practices.

Purpose of a California DMV NOTS Hearing

Negligent Operator Hearing Purpose

A Negligent Operator Treatment System (NOTS) hearing gives a driver the opportunity to challenge the California DMV's determination that they should be classified as a negligent operator and to present evidence before any suspension or other administrative action is imposed.

At the hearing, the DMV hearing officer will:

Review the driver's complete driving record, including any factors that may have contributed to or mitigated the driver's conduct.
Determine whether the driver qualifies as a negligent operator under California's point-count system.
Decide whether disciplinary action against the driver's driving privilege is appropriate, including probation, suspension, or no action at all.

During the hearing, the driver has the right to testify, present witnesses and documentary evidence, and explain the circumstances surrounding the traffic convictions or collisions that contributed to the NOTS action. The DMV's decision must be supported by sufficient evidence and based on the facts presented at the hearing.

Scope of NOTS Hearings

During a Negligent Operator Treatment System (NOTS) hearing, the California DMV evaluates the driver's record and all relevant evidence to determine whether the driver should be classified as a negligent operator and whether any action against the driver's license is warranted.

The hearing officer may consider:

The accuracy of the driver's record, including whether any convictions, collisions, or point assessments are incorrect.
Pending traffic charges, collisions, or convictions that do not yet appear on the driver's record. While these matters cannot serve as the basis for a NOTS action, they may be considered in evaluating whether the driver has developed a pattern of negligent driving.
The driver's overall driving history, including the frequency and severity of prior traffic violations and collisions.
Whether the driver's record demonstrates a pattern of repeated traffic violations or at-fault collisions.
Whether alcohol or drug use was a contributing factor in major traffic violations or collisions, when supported by the driver's record.
Mitigating or aggravating circumstances that may have positively or negatively influenced the driver's conduct.
Physical or mental conditions that may be relevant to the driver's ability to operate a motor vehicle safely, when those conditions are reflected in or related to the driver's driving record.

The purpose of the hearing is to ensure the DMV's decision is based on a complete and accurate review of the evidence before imposing any probation, suspension, or revocation of the driver's driving privilege.

Stays

If a driver timely requests a Negligent Operator Treatment System (NOTS) hearing within the period allowed by the California DMV, but the hearing cannot be held before the effective date of the suspension or probation order, the DMV will generally issue a stay of the action.

A stay temporarily postpones the suspension or other administrative action, allowing the driver to retain their driving privileges until the hearing has been conducted and a final decision has been made. This ensures the driver has the opportunity to be heard before the DMV takes action against their license.

P&M Denial of Stay

A stay of a NOTS suspension or other administrative action is not available when the California DMV has evidence that the driver suffers from a physical or mental (P&M) condition that poses an immediate risk to public safety and has taken action under California Vehicle Code section 13953.

In these circumstances, the DMV may immediately suspend or revoke the driver's license to protect public safety, and the administrative action remains in effect pending the outcome of any hearing. The public safety concerns associated with the driver's physical or mental condition take precedence over the normal stay provisions that apply in most NOTS cases.

Stay for DMV Review

If a driver requests a DMV administrative review within 15 days of a NOTS hearing decision, and the DMV cannot complete the review before the effective date of the suspension or other administrative action, the DMV must issue a stay pursuant to California Vehicle Code section 14105.5.

A stay temporarily postpones the effective date of the action, allowing the driver to continue driving until the administrative review has been completed and the DMV issues its final decision. This ensures that a timely request for review is fully considered before the suspension or other NOTS action takes effect.

Mitigating circumstances

At a Negligent Operator Treatment System (NOTS) hearing, the California DMV considers not only your driving record but also any mitigating circumstances that may reduce the degree of negligence reflected by that record. The hearing officer will weigh these factors against the number and seriousness of your traffic violations and collisions before deciding whether to impose, modify, or set aside a NOTS action.

Corrective Measures and Plans for Improvement

One of the most effective ways to demonstrate that you are no longer a negligent operator is to present evidence of the specific steps you have taken to improve your driving habits. Your testimony should explain the concrete actions you have implemented to prevent future violations or collisions, such as:

Completing a defensive driving or traffic safety course.
Changing your driving habits or commute to reduce risk.
Seeking treatment for issues that contributed to prior violations, such as alcohol or substance abuse.
Taking other meaningful steps that demonstrate a commitment to safe and responsible driving.

The more specific and credible your corrective measures, the more persuasive they are likely to be at the hearing.

Hardship

In appropriate cases, the DMV may consider the hardship that would result from a license suspension. While hardship alone does not prevent the DMV from taking action, it may be considered along with other mitigating evidence.

Examples of hardship include:

You are the primary or sole financial provider for your household, and the loss of your driving privilege would jeopardize your employment or your family's financial stability.
There are no reasonable alternative means of transportation for essential activities, such as traveling to work, attending school, obtaining necessary medical treatment, or caring for family members.

Physical or Mental Conditions

During the hearing, the DMV may also consider whether a physical or mental (P&M) condition has affected your ability to operate a motor vehicle safely.

If evidence presented at the hearing indicates that you suffer from a physical or mental condition that poses an immediate threat to public safety, the DMV may take action under the California Vehicle Code to immediately suspend or revoke your driving privilege, regardless of the outcome of the NOTS proceeding. This action is intended to protect both the driver and the public when a medical condition makes continued driving unsafe.

Presenting well-prepared testimony, supporting documentation, and credible evidence of rehabilitation or changed circumstances can significantly improve the likelihood of a favorable outcome at a NOTS hearing.

Aggravating circumstances

Just as the California DMV considers mitigating factors that may lessen a driver's degree of negligence, it also evaluates aggravating circumstances that may justify imposing or maintaining a suspension, probation, or other NOTS action. The hearing officer will weigh these factors against any evidence presented in mitigation before making a final decision.

Examples of aggravating circumstances include:

At-fault collisions that demonstrate unsafe driving behavior.
A driving history reflecting a pattern of disregard for traffic laws or public safety.
Serious (two-point) traffic convictions, such as DUI or hit-and-run offenses.
The severity of the driver's conduct or the potential consequences of the violations, particularly when the driver operates a commercial vehicle, transports passengers, or carries hazardous materials, where driving errors may result in catastrophic injuries, fatalities, or significant property damage.
An extensive history of traffic violations or at-fault collisions, which may indicate that stronger corrective action is necessary to encourage safer driving. Conversely, a driver with only a few recent violations may present a different case for consideration.
Repeated attendance at Traffic Violator School (TVS) without a corresponding improvement in driving behavior, suggesting that prior corrective measures have been ineffective.
Prior NOTS actions, such as previous probation or suspensions, which may demonstrate an unwillingness or inability to drive safely and responsibly.
A history of multiple court proceedings, license suspensions, or probationary periods arising from traffic-related offenses, indicating that less severe sanctions have failed to change the driver's conduct.
Prior convictions for driving while a license was suspended or revoked, which may reflect a disregard for court orders and DMV-imposed restrictions.

The presence of one or more aggravating factors does not automatically require the DMV to suspend or revoke a driver's license. However, these circumstances may persuade the hearing officer that a more significant administrative action is necessary to protect public safety and encourage future compliance with California's traffic laws.

Possible Outcomes of a California DMV NOTS Hearing

At the conclusion of a Negligent Operator Treatment System (NOTS) hearing, the DMV hearing officer will review all of the evidence and issue a written decision. Depending on the facts of the case, the hearing officer may take one of the following actions:

Decision

Sustain the Action

The DMV determines that the evidence supports the original NOTS action. The probation, suspension, or other action remains in effect as originally ordered.

Modify the Suspension or Probation

The hearing officer reduces or changes the original action. This may include shortening the suspension period, modifying the terms of probation, or imposing other appropriate conditions.

Probation, Restriction, or Suspension

The DMV may place the driver on probation, impose a restricted license instead of a full suspension when authorized by law, continue a suspension, or combine these actions depending on the circumstances.

Probation Only

The driver is placed on probation without a suspension. During the probationary period, the driver must comply with all traffic laws, avoid additional violations or at-fault collisions, and satisfy any conditions imposed by the DMV.

Set Aside for Lack of Evidence

The DMV determines that the evidence is insufficient to establish that the driver is a negligent operator. The proposed NOTS action is dismissed.

Set Aside Due to Lack of Notice

The DMV finds that the driver did not receive proper notice of the original NOTS action and was therefore deprived of the opportunity to respond. The action is set aside, subject to any further proceedings the DMV may initiate.

No Action (Failure to Appear)

If the driver requests a hearing but fails to appear without good cause and presents no evidence to challenge the DMV's case, the hearing request is considered abandoned. The original NOTS action generally remains in effect.

Terminate the Action

In appropriate circumstances, the DMV may end the NOTS action entirely if the evidence demonstrates that no further administrative action is warranted.

The outcome of a NOTS hearing depends on the lawyer, the strength of the evidence, the driver's testimony, the existence of mitigating or aggravating circumstances, and whether the DMV has met its burden of supporting the proposed action. A well-prepared presentation with experienced counsel can significantly increase the likelihood of a favorable result.