Making Sense Of The License - Tmcec

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MAKING SENSE OF THE LICENSECurrent Driver License IssuesI.Important linksA. Texas Dept. of Public Safety:www.txdps.state.tx.usB. License leligibility1. Fill in name, DOB, and last 4 numbers of Social Security2. Status will show “Eligible” or “Not Eligible”II.Pick-A-License; Any LicenseLink: htmA. Classifications1.2.3.Class A, Class B deal with vehicles over GVWR 26,001 poundsClass C: Most common – regular passenger vehicleClass M: Motorcycle and mopedA. Endorsements1.Usually added to CDL’s and commonly for hazardous material(H), tank vehicles (N), school bus (S), transportation of manypassengers (P)B. Restrictions1.2.3.III.May be placed on any driver license – 58 listedMust return to local Driver License Office to removeRestriction Code O – Occupational – with Court OrderHow can I get one? Applying for a LicenseLink: e.htmA. Brochure: www.dps.texas.gov/internetforms/Forms/DL57.pdf1

B. Documents to Prove:1. Identity, and2. Social Security Number, and3. U.S. Citizenship or lawful presence status, and4. Residency of Texas residency, and5. For every vehicle in your name, you must have current inspection,registration and liability insurance6. Appear in person at driver license office with completedapplication and required documents.7. Pass vision Test8. Pass written test9. Pass driving test10. If under 25, complete Driver Education Course11. Complete Impact Texas Teen Driver (ITTD) requirements foranyone under 25 years who completes a Teen Driver EducationCourseIV.Out-of-State License.A.Valid in Texas for 90 daysB.Extension for U.S. Military personnel on Active dutyC.To transfer the Out-of-State license for a Texas license, you surrenderyour Out-of-State license1. Available for all U.S. states, U.S. Territories, Canadian province,France, Germany, South Korea and Taiwan2. No knowledge test or driving test if they surrender out-of-statelicense3. If you don’t want to surrender out-of-state license, then you applyFor a Texas license complying with all requirements and testing.2

V.Out-of-County License.Link: www.txdps.state.tx/DriverLicense/reciprocity.htmA. Reciprocity Privilege1.B.C.Allows a person, 18 to 75, to use valid, unexpired foreignlicense to drive in United States for up to one year oruntil the person becomes a Texas resident.Governed and allowed by International Agreements signed byFederal Government:1.1949 World Convention on International Road Traffic2.1949 Inter-American Convention on the Regulation ofInternational-American Automotive Traffic3.North Atlantic Treaty Organization (NATO)4.Multilateral Treaties in Force as of January 1, 2013International Driving Permit (IDP)1.Not a license, but a translation - usually into 10languages – of a license from another country; acompanion document to the foreign license2,U.S. does not require IDP’s with foreign license, butsome car rental companies do – they want translation3.Obtained in the country where license obtained, butnever used in the country where obtained4.Many U.S. citizens get an IDP to allow them to drive orrent cars in foreign countries.a.For U.S. citizens, the State Dept. authorizes onlytwo providers:American Automobile Assoc. (AAA)National Automobile Club (NAG)3

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 activityC.State v.Villarreal, PD-0306-14 (Tex.Crim.App. 2014)“Even when operated normally, an automobile can be a dangerous implement; in the wronghands, 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 exercisinga privilege which is subject to regulation."); Davison v. State,166 Tex. Cr. R. 376, 381, 313S.W.2d 883, 886 (1958) (opinion on State's motion for reh'g) (driving "is a privilege and nota 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 forany period of time at all.”D.VII.Newer Controversial discussion due to high number of licensesuspensions1.Surcharges and fees2.Child support and student loan arrearagesIDENTIFICATION, SECURITY and PRIVACYA.REAL ID Act, enacted by Congress 20051.Stricter ID documents2.Tamper-proof license3.“Machine-readable” technology that stores personal info4.Data put on national database, available to other statesand federal authoritiesB.Homeland Security v. Right to Privacy1.Federal Government v. State Government2.Govt. leverage: Commercial air travel3.States passing legislation barring their DMV fromcomplying4

Proof of Residencyin TexasWhen 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. Current deed, mortgage, monthly mortgage statement Current homeowners’ or renters’ insurance policy orstatementElectric, water, natural gas, satellite television, cabletelevision, or non-cellular telephone statement dated Medical or health cardmail that is addressed to you with a forwarding address labelor an adhesive address label on the envelope. If you areunable to provide two documents from the list, you maysubmit a Texas residency affidavit from someone who residesdocuments for proof of residency.For affidavit requirements, visit us at .htm or ask a driverlicense office employee.Proof of Social SecurityNumberIf you are applying for a driver license or ID card, youmust provide your Social Security Number (SSN).‡Examples of documents to verify yourSSN include: Current automobile insurance policy or statementCurrent automobile payment bookletTexas high school, college, or university report card ortranscript for the current school yearPreprinted paycheck or pay stub dated within 90 days W-2 or 1099 tax form from the current year savings, investment account, or credit card statements Mail from a federal, state, county, or city governmentCurrent documents issued by the US MilitarySocial Security card (actual card)W-2 or 1099 tax formPay stub with preprinted name and SSN personnel only)Dependent military ID with preprinted SSN (DD-214) from the US Department of Defensewww.dps.texas.gov/DriverLicense or visit us at a driverlicense office near you.Moving to TexasAn individual can legally drive with a valid, unexpired drivermoving to Texas. However, you must apply in person withinrequired by law to surrender your unexpired driver licenseissued by another state or Canadian province to DPS.Texas Driver License (DL)Document RequirementsWhat it Takes toApply for a DL orID CardWhen 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 foreignIndividuals who are applying for a Texas driver license or IDwww.dps.texas.gov/DriverLicense or visit us at a driverlicense office near you.Document Checklist Peace officer’s license, Texas Commission on LawEnforcement (TCOLE)Pilot’s license with preprinted SSNHealth card, Medicare or Medicaid card with SSNProof of Vehicle Insurance ‡According to state and federal law, DPS collects and uses SSNLawful Presencereleased to government agencies only for purposes authorized Concealed handgun license Current Form DS-2019, I-20, or a document issued byUSCISBoth documents cannot be from thesame source.For example, you cannot show a water bill and a gas billProof of Vehicle InsuranceAll original applicants must provide evidence of financialresponsibility for each vehicle owned by you or a statementaffirming that you do not own a motor vehicle.Proof of Residencyin TexasDRIVER LICENSE DIVISIONCreating a faster, easier, friendlierdriver license experience and a safer TexasProof of Social SecurityNumberDL-57 (09/15)www.dps.texas.gov/DriverLicense

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 satisfydifferent 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!Proof of US Citizenship orLawful PresenceIf 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.Examples of documents to verifylawful presence include: Birth certificate or birth record issued by theappropriate State Bureau of Vital Statistics orequivalent agency from a US state or localgovernment, a US territory, or the District of Columbia US passport book or passport cardUS 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 issuedto US citizens born abroad (Form FS-240, DS-1350, orFS-545)Permanent Resident card (I-551)Passport or I-94 stamped “Approved I-551” or “Processedfor 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-551language and ADIT stampTemporary I-551 stamp in foreign passportDS-2019 exchange visitor (J-1) certificateI-20 Non-immigrant student (F-1)Student documents with Student Exchange and VisitorInformation System (SEVIS) numberNon-student documents with alien number or I-94numberProof of IdentityPhoto 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. * 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.If you cannot show a document from the PrimaryIdentification Documents list, you can present eithertwo documents from the Secondary IdentificationDocuments list below or one document from theSecondary Identification Documents list and twodocuments from the Supporting IdentificationDocuments list below. Texas DL or photo ID within two years of expirationUnexpired US passport book or passport cardUS Citizenship Certificate or Certificate of Naturalizationwith identifiable photo (N-550, N-560, N-561, N-570, orN-578)Unexpired US military photo ID card for active duty,reserve, or retired personnelUnexpired Department of Homeland Security (DHS) orUnited 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) withtemporary I-551 language and Alien Documentation, Documents must be original or a copy certifiedby the issuing agency. No photocopies areaccepted. Secondary Identification Documents Primary Identification Documents 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 byUS Customs and Border Protection (CBP) American Indian card (I-872) Northern Mariana card (I-873)Foreign passport, visa* (valid or expired), and I-94 Original or certified copy of a birth certificate or birthrecord issued by the appropriate State Bureau of VitalStatistics or equivalent agency from a US state or localgovernment, a US territory, the District of Columbia, ora Canadian provinceOriginal or certified copy of the US Department of StateCertificate of Birth Abroad issued to US citizens bornabroad (Form FS-240, DS-1350, or FS-545)Original or certified copy of the court order with nameand date of birth indicating an official change of nameand/or gender from a US state, a US territory, theDistrict of Columbia, or a Canadian provinceSupporting 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—actualcard)†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 agencyW-2 or 1099 formSchool 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 ordivorce decree (US jurisdiction or foreign jurisdiction; ifnot in English, a certified translation mustaccompany it)Any insurance policy (valid continuously for the pasttwo years)Current Texas motor vehicle registration or title (TRC521.144)Current Texas boat registration or titleHospital-issued birth record†Medicare or Medicaid card (actual card)Immunization records†Unexpired foreign passportA valid Consular document issued by a state ornational governmentFederal parole or release certificateTexas Department of Criminal Justice (TDCJ) parole ormandatory release certificateTexas inmate ID card or similar form of ID issued byTDCJFederal inmate ID cardTribal membership card from a federally recognizedtribeCertificate 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.

urrent deed, mortgage, monthly mortgage statement urrent homeowners' or renters' insurance policy or tatement Electric, water, natural gas, satellite television, cable elevision, or non-cellular telephone statement dated edical or health card urrent automobile insurance policy or statement urrent automobile payment booklet exas high school, college, or university report card or