California Career Schools v. Department of Motor Vehicles

Opinion

MOORE, J.

On this appeal from a denial of a writ of mandate, appellant challenges respondent’s determination that a truck modified for habitation must nonetheless be registered as a commercial vehicle. Respondent’s interpretation of the relevant statutes, however, was not clearly erroneous, and reflected consistent, long-standing policy. We therefore agree with the trial court that respondent’s administrative determination should be upheld and affirm the judgment.

I

FACTS

In December 2000, appellant California Career Schools registered a Kenworth vehicle as a motor home. The vehicle, which is 27 feet long, was originally designed as a truck on a commercial chassis, but was subsequently modified to reduce its load capacity and add living quarters. The vehicle has a convertible sofa, refrigerator, sink and microwave, and a restroom with a

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shower. According to appellant, the vehicle is intended only to be used as living quarters and not to transport property or persons for hire.

Respondent Department of Motor Vehicles (DMV) concluded that the vehicle was a truck tractor with living quarters, with the primary function of drawing other vehicles, and therefore must be registered as a commercial vehicle. After an administrative hearing, appellant sought an administrative writ of mandate or writ of mandate, which was denied by the trial court.

II

DISCUSSION

Standard of Review

Appellant argues the standard of review on appeal is independent review, asserting that a “fundamental vested right” requires this higher standard. According to appellant, once an agency takes some action (such as registering a vehicle) it becomes a vested right, and any change or revocation of that status effects a vested right. Therefore, appellant argues, we must review the trial court’s findings independently. Appellant confuses the standard the trial court must use to review an administrative decision with the standard we use to review the trial court.