The Negligent Operator Treatment System (NOTS) is a process in which the DMV imposes a driver’s license suspension or revocation if you accumulate too many points during a given period of time.
Points are assigned for:
- moving violations and
- criminal driving offenses such as reckless driving or DUI.
The DMV will suspend driving privileges if you accumulate a minimum number of points in certain time periods, as this chart illustrates:
| Time Period | Minimum Points Triggering a License Suspension |
| Any 12-month period | 4 points |
| Any 24-month period | 6 points |
| Any 36-month period | 8 points |
The Department, however, must notify you if your license is in jeopardy, as this flowchart shows:
Our California criminal defense attorneys will discuss the following in this article:
- 1. What is the Negligent Operator Treatment System?
- 2. What is the initial warning letter?
- 3. What is the notice of intent to suspend?
- 4. What is an order of probation/suspension?
- 5. What is a violation of NOTS probation?
- 6. What is a negligent operator hearing?
- 7. Is the standard different for commercial drivers?
NOTS is the traffic law process the DMV must follow before it can suspend your license for being a careless driver.
1. What is the Negligent Operator Treatment System?
NOTS refers to the process the California DMV must follow before it can suspend your driver’s license for being a “negligent operator.”
The DMV declares you “negligent operators” if you earn a certain number of points on your driving record. The DMV issues points for:
- causing an accident (1 point),
- driving with a mechanical issue that affects safe driving (1 point),
- committing a moving violation (1 point), and
- committing a criminal driving offense (2 points).
An example of a moving violation is running a stop sign, Vehicle Code 22450 VC.
An example of a criminal driving offense is:
- DUI,
- reckless driving, or
- hit and run.
What happens if I get too many points?
The California DMV can do the following if you earn enough of a point count within a 1-, 2-, or 3-year period of time:
- declare you a negligent operator, and
- suspend, or even revoke, your driving privileges.
Example: Within a one-year time period, Paco is arrested and convicted for a California DUI. He also causes an accident and he gets a citation for speeding, per Vehicle Code 22350 VC. Here, Paco accumulated a total of 4 negligent operator points in a year for these traffic convictions. Per California law, the DMV can declare him a negligent operator and suspend his license.
Note that under VC 13800, the DMV may also revoke your license if you have a serious or fatal car accident. It does not matter if you were grossly negligent or merely inattentive or misjudging.
2. What is the initial warning letter?
The California DMV sends you an initial warning letter if you accrue a certain number of points in a specified time period:
- two points within any 12-month period,
- four points within any 24-month period, or
- six points within any 36-month period.1
This letter goes by the name negligent operator “Level I” letter.
The DMV sends the notice of intent to communicate its intent to suspend your license.
3. What is the notice of intent to suspend?
The DMV sends you a letter of intent to suspend your license once you accumulate:
- three points within any twelve 12-month period,
- five points within any 24-month period, or
- seven points within any 36-month period.2
This notice goes by the name “Level II” letter.
4. What is an order of probation/suspension?
You are sent an order of probation/suspension to notify you that:
- the DMV declares you a negligent operator,
- the DMV suspends your license for six months, and
- you are on probation for one year.
This order is sent to you if you accumulate:
- four points within any 12-month period,
- six points within any 24-month period, or
- eight points within any 36-month period.3
This order goes by the name “Level III” letter. The suspension takes effect 34 days after the letter is mailed.
5. What is a violation of NOTS probation?
You receive a violation of NOTS probation letter if you violate probation. This goes by the name, “Level IV” letter.
You violate probation if you:
- commit any moving violation,
- have any traffic accident,
- receive any 1- or 2-point violation, or
- fail to appear in court on a traffic violation.
A first or second probation violation carries:
- a six-month license suspension; and
- an extra year of probation;
A third probation violation carries a one-year license revocation. You have to apply for a new license if you get a revocation.
6. What is a Negligent Operator Hearing?
After you receive a Level III or IV letter, you can request a DMV hearing (NOTS hearing) to:
- challenge your negligent operator status, and
- get your driver’s license suspension set aside.4
You have only 10 days after receiving the letter to request a NOTS hearing.
What happens at the hearing?
At the NOTS hearing, you can provide evidence that you did not accumulate enough points to be a negligent operator and that the state’s records are inaccurate. You can also provide mitigating evidence that paints you in a less blameworthy light: An example is that you are your family’s sole provider.
In the meantime, the state can present aggravating evidence to paint you in a more blameworthy light: An example is that you have a long history of traffic violations.
Ultimately, the hearing officer can classify you as a negligent operator only if there is “a preponderance of the evidence.” If you lose, the officer may either:
- let you keep your license;
- let you keep your license but also place you on probation;
- grant you a restricted license; or
- suspend your license.5
Your insurance company will likely increase your premiums for being a negligent operator. That is a big reason why NOTS hearings are worth doing.
7. Is the standard different for commercial drivers?
Yes. Since commercial drivers log more miles than regular drivers, they are allowed to accumulate more points before the California DMV considers them negligent operators:
- six points within any 12-month period,
- eight points within any 24-month period, or
- ten points within any 36-month period.
However, traffic violations by commercial drivers carry one-and-a-half times the standard point value. So whereas a speeding ticket in violation of VC 22348(a) typically carries one DMV point, a commercial driver will be assessed 1.5 points for speeding in a commercial vehicle.6
As with non-commercial drivers, one serious or fatal car accident by a commercial driver can also trigger a negligent operator designation and license suspension.7