Negligent Operator Treatment System (NOTS)
What is the NOTS System at the DMV?
As stated elsewhere in this site, driving in California is a conditional privilege that requires all licensed drivers to obey traffic laws and regulations in order to maintain their driver license. Any driver who repeatedly violates these laws and accumulates too many moving violations or traffic collisions will be labeled a Negligent Operator and is subject to the loss of their driving privilege.
In order to maintain constant oversight of California drivers, the California Department of Motor Vehicles (DMV) utilizes a complex computer data base known at “NOTS.” NOTS is the acronym for Negligent Operator Treatment System. The NOTS system was designed to monitor the driving history of all California drivers to keep a watchful eye out for those drivers who may pose a danger to the motoring public. The NOTS system will identify any moving violation as a “red flag.” NOTS also identifies traffic collisions and certain criminal activity as evidence of careless or dangerous driving.
The NOTS system automatically assigns a specified number of “points” to a driver’s record with each moving violation, traffic collision, and criminal conviction that meet a specified criteria. If a driver accumulates too many of these NOTS points in a short period of time, the NOTS computer will identify that driver as a Negligent Operator. Once the Negligent Operator label is affixed to a driver’s record, the NOTS computer will generate a letter which is mailed directly to the affected driver. This letter is the first step in notifying the driver that a NOTS suspension has begun and that they must take positive action to prevent the suspension of their driver license. The NOTS system was designed to use a graduated series of computer generated warning letters and increasingly punitive penalties by which the DMV seeks to identify, educate, and redirect a driver who has established a pattern of poor or careless driving.
How Does the DMV Count NOTS Points?
All new drivers begin their driving career with a “zero” point accumulation. Essentially, when we first begin driving, we have a clean slate and the DMV presumes us to be responsible drivers. If a driver begins to accumulate a record of too many moving violations, traffic accidents or certain crimes, their point accumulation begins to increase. As the driver’s point accumulation builds, they will become the focus of the NOTS computer system and their driving privilege is in jeopardy of restriction, suspension, or revocation.
Section 12810 of the California Vehicle Code establishes the “point count” used by the NOTS system in evaluating a driver as a Negligent Operator:
One Point Violations: At Non-Injury traffic collision where you are found primarily at fault & A minor moving violation such as running a red light, stop sign violation, or speeding.
Two Point Violations: A conviction for “reckless” driving, A conviction for “hit & run.”, A conviction for driving under the influence of alcohol or drugs, A conviction for driving with a license which is suspended, revoked, or expired.
Section 12810.5 of the California Vehicle Code establishes the maximum allowable NOTS point accumulation within specified periods of time. If a driver’s NOTS point count exceeds the maximum, he or she will be labeled a Negligent Operator by the NOTS computer system.
The maximum allowable NOTS points are: Four or more NOTS points within a 12-month period,Six or more NOTS points within a 24-month period,Eight or more NOTS within a 36-month period.
NOTS points are automatically calculated and applied to a driver’s record when the DMV receives electronic notification from a court that a driver has been convicted of a traffic offense or certain types of crimes.
How Can I Prevent Getting NOTS Points on My Driving Record?
Essentially, there are two ways to prevent an accumulation of NOTS points from hitting your driving record:
- The first is the obvious. Drive carefully and avoid receiving citations for moving violations or being involved in traffic collisions.
- California Law does allow a driver, under certain conditions, to attend traffic school. Once the court receives proof that you have completed a traffic school, either in-person or “on-line,” the point will not be applied to the driving record.
Call Us to Prevent the Suspension of Your Driver License for NOTS Points.
If you have accumulated too many NOTS points on your driving record, you can be assured the DMV will notice and that they will be intent on suspending or revoking your driver license. Once the DMV focuses on you as a Negligent Operator, the suspension of your driving privilege is automatic. Defending yourself is not.
If the DMV is your Problem...
Video transcript:
Hi, my name’s Rob Collier, I’m the president and CEO of California Driver’s Advocates. Today I’d like to speak with you about a computer database used by the California DMV to track the driving history of all drivers in California and how they use that system to then punish drivers that they think are negligent in the operation of a car. This database is known as the Negligent Operator Treatment System.
Essentially it is a sightless computer in Sacramento that receives information from a variety of sources regarding all convictions for moving violations, all convictions for crimes related to driving, and traffic accidents. And so what happens is the DMV assigns a certain number of points to various types of violations. For instance, the DMV will assign a one point violation to moving violations, so running a stop sign, running red lights, speeding, that type of thing. The DMV will assign two points to more serious events such as, DUI, reckless driving, and hit and run.
The DMV will take an action against a person who accumulates too many points in too short a period of time because they’re conventional wisdom is that if you are out there accumulating too many points that is kind of a harbinger to the suspicion that you may be a dangerous driver and you may be out there causing accidents or about to cause an accident. So, as a result, the DMV’s gonna want to take an action against you. So, the Negligent Operator Treatment System then includes a series of incremental steps to cause a person grief if they think that you are not obeying the rules. So, the very first thing that would happen is you would receive a warning letter that says, hey, you’re getting too many points, be a good boy.
If you continue to violate then you would get an order of suspension and probation, which tells you, hey, we’re gonna take you off the road because you’re being a bad boy. If you get that type of a letter then, of course, what you’re gonna have to do is to react to the DMV, schedule a hearing, and try to convince them that you’re not a negligent operator. Many, many ways to defend these types of cases, and so, if you need some help, you want some advice, you can give us a call or go to our website.