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MAKING SENSE OF THE LICENSE

Current Driver License Issues

I. Important links

A. Texas Dept. of Public Safety: www.txdps.state.tx.us

B. License Eligibility: https://txapps.texas.gov/txapp/txdps/dleligibility

1. Fill in name, DOB, and last 4 numbers of Social Security

2. Status will show “Eligible” or “Not Eligible”

II. Pick-A-License; Any License

Link: www.dps.texas.gov/DriverLicense/endrsRestrictions.htm

A. Classifications

1. Class A, Class B deal with vehicles over GVWR 26,001 pounds

2. Class C: Most common – regular passenger vehicle

3. Class M: Motorcycle and moped

A. Endorsements

1. Usually added to CDL’s and commonly for hazardous material

(H), tank vehicles (N), school bus (S), transportation of many

passengers (P)

B. Restrictions

1. May be placed on any driver license – 58 listed

2. Must return to local Driver License Office to remove

3. Restriction Code O – Occupational – with Court Order

III. How can I get one? Applying for a License

Link: www.txdps.state.tx.us/DriverLicense/ApplyforLicense.htm

A. Brochure: www.dps.texas.gov/internetforms/Forms/DL57.pdf

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B. Documents to Prove:

1. Identity, and

2. Social Security Number, and

3. U.S. Citizenship or lawful presence status, and

4. Residency of Texas residency, and

5. For every vehicle in your name, you must have current inspection,

registration and liability insurance

6. Appear in person at driver license office with completed

application and required documents.

7. Pass vision Test

8. Pass written test

9. Pass driving test

10. If under 25, complete Driver Education Course

11. Complete Impact Texas Teen Driver (ITTD) requirements for

anyone under 25 years who completes a Teen Driver Education

Course

IV. Out-of-State License.

A. Valid in Texas for 90 days

B. Extension for U.S. Military personnel on Active duty

C. To transfer the Out-of-State license for a Texas license, you surrender

your Out-of-State license

1. Available for all U.S. states, U.S. Territories, Canadian province,

France, Germany, South Korea and Taiwan

2. No knowledge test or driving test if they surrender out-of-state

license

3. If you don’t want to surrender out-of-state license, then you apply

For a Texas license complying with all requirements and testing.

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V. Out-of-County License.

Link: www.txdps.state.tx/DriverLicense/reciprocity.htm

A. Reciprocity Privilege

1. Allows a person, 18 to 75, to use valid, unexpired foreign

license to drive in United States for up to one year or

until the person becomes a Texas resident.

B. Governed and allowed by International Agreements signed by

Federal Government:

1. 1949 World Convention on International Road Traffic

2. 1949 Inter-American Convention on the Regulation of

International-American Automotive Traffic

3. North Atlantic Treaty Organization (NATO)

4. Multilateral Treaties in Force as of January 1, 2013

C. International Driving Permit (IDP)

1. Not a license, but a translation - usually into 10

languages – of a license from another country; a

companion document to the foreign license

2, U.S. does not require IDP’s with foreign license, but

some car rental companies do – they want translation

3. Obtained in the country where license obtained, but

never used in the country where obtained

4. Many U.S. citizens get an IDP to allow them to drive or

rent cars in foreign countries.

a. For U.S. citizens, the State Dept. authorizes only

two providers:

American Automobile Assoc. (AAA)

National Automobile Club (NAG)

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VI. ARE YOU RIGHT ABOUT THE PRIVILEGE?

A. Right to drive: Republic of Texas, “Natural and Free Persons”

B. Privilege to drive: Public safety, regulated activity

C. State v.Villarreal, PD-0306-14 (Tex.Crim.App. 2014)

“Even when operated normally, an automobile can be a dangerous implement; in the wrong hands, it can be a deadly weapon. Walker v. State, 897 S.W.2d 812, 814 (Tex. Crim. App. 1995). Because we all must share the public roadways, driving is a highly regulated activity—a privilege, not a right. See Texas Department of Public Safety v. Richardson, 384 S.W.2d 128, 132 (Tex. 1964) ("It is clear that one making use of the highways of the state is exercising a privilege which is subject to regulation."); Davison v. State,166 Tex. Cr. R. 376, 381, 313 S.W.2d 883, 886 (1958) (opinion on State's motion for reh'g) (driving "is a privilege and not a right"). Most drivers understand this, having passed an examination before receiving a license, and having been pulled over for a driving infraction at some point if they have been licensed for any period of time at all.”

D. Newer Controversial discussion due to high number of license

suspensions

1. Surcharges and fees

2. Child support and student loan arrearages

VII. IDENTIFICATION, SECURITY and PRIVACY

A. REAL ID Act, enacted by Congress 2005

1. Stricter ID documents

2. Tamper-proof license

3. “Machine-readable” technology that stores personal info

4. Data put on national database, available to other states

and federal authorities

B. Homeland Security v. Right to Privacy

1. Federal Government v. State Government

2. Govt. leverage: Commercial air travel

3. States passing legislation barring their DMV from

complying

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Both documents cannot be from thesame source.For example, you cannot show a water bill and a gas bill

www.dps.texas.gov/DriverLicense

What it Takes to Apply for a DL or ID Card

Texas Driver License (DL)Document Requirements

DRIVER LICENSE DIVISIONCreating a faster, easier, friendlier

driver license experience and a safer Texas

Proof of Residencyin Texas

mail that is addressed to you with a forwarding address label or an adhesive address label on the envelope. If you are unable to provide two documents from the list, you may submit a Texas residency affidavit from someone who resides

documents for proof of residency.

For affidavit requirements, visit us at www.dps.texas.gov/DriverLicense/ResidencyReqNonCDL.htm or ask a driver license office employee.

If you are applying for a driver license or ID card, you must provide your Social Security Number (SSN).‡

Proof of Social SecurityNumber

Examples of documents to verify yourSSN include: Social Security card (actual card) W-2 or 1099 tax form Pay stub with preprinted name and SSN

)ylno lennosrep Dependent military ID with preprinted SSN

esnefeD fo tnemtrapeD SU eht morf )412-DD( Peace officer’s license, Texas Commission on Law

)ELOCT( tnemecrofnE Pilot’s license with preprinted SSN Health card, Medicare or Medicaid card with SSN

‡ According to state and federal law, DPS collects and uses SSN

released to government agencies only for purposes authorized

All original applicants must provide evidence of financial responsibility for each vehicle owned by you or a statement affirming that you do not own a motor vehicle.

Proof of Vehicle Insurance

www.dps.texas.gov/DriverLicense or visit us at a driverlicense office near you.

Moving to TexasAn individual can legally drive with a valid, unexpired driver

moving to Texas. However, you must apply in person within

required by law to surrender your unexpired driver licenseissued by another state or Canadian province to DPS.

When transferring an Out-of-State driver license to Texas,

vehicle is registered under your name and is in the state ofTexas. Evidence of financial responsibility for each vehicleowned by you or a statement affirming that you do not owna motor vehicle is also required.

ID cards issued from another US state, US territory or foreign

Individuals who are applying for a Texas driver license or ID

www.dps.texas.gov/DriverLicense or visit us at a driverlicense office near you.

Proof of Residencyin Texas

Proof of Social SecurityNumber

Proof of Vehicle Insurance

Document Checklist

Lawful Presence

DL-57 (09/15)

When applying for your first Texas driver license (DL)or identification card, you must provide documentsto prove you have lived in Texas for at least 30 days.If you are surrendering a valid, unexpired driverlicense from another state, you must still prove yourTexas residency, but the 30-day requirement is waived.Simply provide two of the following documents thatcontain the same name and Texas residential/physicaladdress.

Examples of documents to verifylawful presence include:

* Citizens of the Republic of Palau, Republic of the Marshall Islands,Federated States of Micronesia, and certain Canadian non-immigrantsare not required to obtain a visa to enter the USA. The visarequirement for these applicants will be waived.

Proof of Identity

Proof of US Citizenship orLawful Presence

The mission of the Texas Department of Public Safety(DPS) is to protect and serve Texas. Driver licensesand identification cards issued by DPS Driver LicenseDivision (DLD) are a key link to public safety, privacy,and national security.

For the safety, security, and peace of mind of Texasresidents, DPS must produce a recognizably reliablesource of identification and also reduce exposure toidentity theft and fraud. A driver license oridentification card is often used by financialinstitutions, retailers, law enforcement, and otherorganizations to establish the cardholder’s identity.

As a result, DPS has established several applicationrequirements meant to address issues of fraud and toprotect the integrity of a driver license oridentification card issued by DPS. These involveverifying your identity and residency and UScitizenship or lawful presence (the legal authorizationto reside in this country).

If you are applying for a Commercial Driver License(CDL) or if you are under age 25, you must satisfy different requirements when applying for a Texas driverlicense or identification card. For more information,go online to www.dps.texas.gov/DriverLicense or visitus at a driver license office near you.

Satisfy the following requirements, andyou’ll be ready to apply for your Texas DLor ID card!

If you are a US citizen, lawful permanent resident(immigrant), refugee, asylee, or non-immigrant, youmust provide proof of your lawful presence in theUnited States. Most documents will be verifiedthrough the US Department of Homeland Security’sSAVE Program. Verification through SAVE is ofteninstantaneous, but when it is not, receipt of the DL/ID may be delayed for up to 30 days.

Birth certificate or birth record issued by the appropriate State Bureau of Vital Statistics or equivalent agency from a US state or local government, a US territory, or the District of Columbia

US passport book or passport card US Citizenship Certificate or Certificate of Naturalization (N-550, N-560, N-561, N-570, or N-578) US citizen Identification card (I-179 or I-197) US Department of State Certificate of Birth Abroad issued to US citizens born abroad (Form FS-240, DS-1350, or FS-545) Permanent Resident card (I-551) Passport or I-94 stamped “Approved I-551” or “Processed for I-551” Employment Authorization card (I-766) US travel document (I-327 or I-571) I-94 stamped “Sec. 208 Asylee” or “Sec. 207 Refugee” Machine Readable Immigrant Visa with temporary I-551 l anguage and ADIT stamp Temporary I-551 stamp in foreign passport DS-2019 exchange visitor (J-1) certificate I-20 Non-immigrant student (F-1) Student documents with Student Exchange and Visitor Information System (SEVIS) number Non-student documents with alien number or I-94 number

Photo IDs issued by government agencies with theapplicants full name and date of birth are consideredprimary documents. Simply show one from the listbelow to prove your identity. All documents must beverifiable.

Primary Identification Documents Texas DL or photo ID within two years of expiration Unexpired US passport book or passport card US Citizenship Certificate or Certificate of Naturalization with identifiable photo (N-550, N-560, N-561, N-570, or N-578) Unexpired US military photo ID card for active duty, reserve, or retired personnel Unexpired Department of Homeland Security (DHS) or United States Citizenship and Immigration Services (USCIS) photo ID. Examples include: US citizen Identification card (I-179 or I-197) Permanent Resident card (I-551) Machine-Readable Immigrant Visa (MRIV) with temporary I-551 language and Alien Documentation,

Identification and Telecommunications System (ADIT) stamp Employment Authorization card (I-766) US travel document (I-327 or I-571) Advance parole document with photo (I-512 or I-512L) I-94 stamped “Sec. 208 Asylee” with photo I-94 stamped “Sec. 207 Refugee” with photo Valid refugee travel letter with photo and stamped by US Customs and Border Protection (CBP) American Indian card (I-872) Northern Mariana card (I-873) Foreign passport, visa* (valid or expired), and I-94

If you cannot show a document from the PrimaryIdentification Documents list, you can present either two documents from the Secondary IdentificationDocuments list below or one document from theSecondary Identification Documents list and twodocuments from the Supporting IdentificationDocuments list below.

Documents must be original or a copy certifiedby the issuing agency. No photocopies areaccepted.

Secondary Identification Documents Original or certified copy of a birth certificate or birth record issued by the appropriate State Bureau of Vital Statistics or equivalent agency from a US state or local government, a US territory, the District of Columbia, or a Canadian province Original or certified copy of the US Department of State Certificate of Birth Abroad issued to US citizens born abroad (Form FS-240, DS-1350, or FS-545) Original or certified copy of the court order with name and date of birth indicating an official change of name and/or gender from a US state, a US territory, the District of Columbia, or a Canadian province

Supporting Identification Documents Temporary receipt for a Texas DL or ID (actual receipt) Expired Texas DL or ID (expired more than two years— actual card) DL or ID issued by another US state, US territory, District of Columbia, or Canadian province (unexpired

or within two years of the expiration date—actual card)†

ID card issued by government agency†

Pilot’s license (actual card)† Concealed handgun license (actual card)†

Voter registration card (actual card)† Professional license issued by Texas state agency W-2 or 1099 form School records (e.g. report cards, photo ID cards, etc.)†

Military records (e.g., Form DD-214) Unexpired US military dependent ID card (actual card) Veteran Health Identification card (VHIC—actual card) Selective Service card (actual card) Original or certified copy of a marriage certificate or divorce decree (US jurisdiction or foreign jurisdiction; if not in English, a certified translation must accompany it) Any insurance policy (valid continuously for the past two years) Current Texas motor vehicle registration or title (TRC 521.144) Current Texas boat registration or title Hospital-issued birth record†

Medicare or Medicaid card (actual card) Immunization records†

Unexpired foreign passport A valid Consular document issued by a state or national government Federal parole or release certificate Texas Department of Criminal Justice (TDCJ) parole or mandatory release certificate Texas inmate ID card or similar form of ID issued by TDCJ Federal inmate ID card Tribal membership card from a federally recognized tribe Certificate of Degree of Indian Blood (CDIB) Social Security card (actual card)

† Document must be issued by an institution, entity or governmentagency from a US state, a US territory, the District of Columbia, ora Canadian province.

Name Change DocumentsAny documents you bring to prove your identity must showthe same name and date of birth. If not, you must presentsupporting documents—such as a marriage certificate,divorce decree, or court-ordered name change—to confirma name change, inconsistent information, or incompletenames and/or dates of birth.