Sogawa v. Department of Motor Vehicles

SHINN, P. J. In this proceeding in mandate judgment was entered ordering the Department of Motor Vehicles and [182]the director thereof to rescind an order suspending plaintiff’s chauffeur’s license. The ground of suspension was that plaintiff had been involved in an automobile accident which had resulted in damage to motor vehicles in an amount exceeding $100 and had failed to deposit security in the amount of $1,500 as demanded by the Department of Motor Vehicles. (Veh. Code, §§419 to 420.2.) The defendants appeal. No evidence was introduced at the trial. The judgment appears to have been rendered on the pleadings, amplified by statements of counsel.

Plaintiff held only a chauffeur’s license. The suspension of the license took place while original sections 419 to 420.9 were in force. (Stats. 1947, eh. 1235, § 1.) The question is whether defendants had authority on April 6, 1949, to revoke plaintiff’s license. Section 419 provided, in part, that “The operator of every motor vehicle which is in any manner involved in an accident within this State, in which any person is killed or injured, or in which damage to the property of any one person including himself, in excess of One Hundred Dollars ($100) is sustained, shall within 10 days after such accident report the matter in writing to the department.” Section 420 authorized the Department of Motor Vehicles to suspend the license “of each operator” who is involved in such an accident unless such “operator” shall deposit security in any amount deemed sufficient by the department to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against such “operator” (or the owner, if the operator is not the owner of the vehicle). These general provisions are subject to certain exceptions, which do not apply in plaintiff’s case.

Plaintiff argues that all the provisions of the above financial responsibility sections which refer to licenses of “operators,” should be construed as applying to “operators’ licenses” but not to “chauffeurs’ licenses.” He says that the only definitions of “operators” and “chauffeurs” are found in sections 70 and 71 of the Vehicle Code and that under these definitions he was not an “operator” whose license could be suspended. Section 70 reads: “ ‘Operator’ is a person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway. ’ ’ and section 71 reads: “ ‘Chauffeur’ is a person who is employed by another for the principal purpose of driving a motor vehicle on the highways and receives compensation therefor.” One need not be a chauffeur to secure a chauffeur’s license. (Veh. Code, § 265.)