Visitors to California may drive for as long as their license is valid in their home country, provided they have taken insurance coverage in California.
New residents require to get a California Driver’s License within 10 days of moving to California
To apply for a California Driver’s License, a Social Security Number is required
Now, here’s my dilemma:
My foreign driver’s license is currently valid in my home country (India), and is recognized by the California DMV
I have the requisite auto insurance
It’s been more than 10 days since I’ve been in California
To apply for a California Driver’s License, I need a Social Security Number.
I won’t receive my Social Security Number for about 3-4 weeks.
6. Can I legally drive in California with my foreign driver’s license and California auto insurance until I get my SSN and apply for my California driver’s license?
Basically, the DMV does not offer a clear enough definition of the term “Visitor”. If I am a “Visitor” I can drive using my foreign driver’s license indefinitely. But if I am a “Resident” I need a California driver’s license within the first 10 days. I’m on a temporary work permit, and don’t know if that qualifies as “Visitor” or “Resident” as per the DMV.
Their telephone customer service agents are clueless, and keep giving me contradictory information.
Is anyone here with the traffic department(s) or know enough to answer my question?
I bet if you told them you don’t have a social security number yet you’ll be fine. I was in exactly the same situation as you, although in Florida which has similar requirements.
In fact I’d be surprised if they can require you to give a SSN if you decline. I know CT asks, but you can decline. The SSN specifically states it is not to be used for identification purposes. So unless this federal law was changed, I don’t see how CA can require one of you.
The Social Security Act allows any state to use the SSN to establish the identification of an individual. The California Vehicle Code requires the collection of the social security number.
All applicants must submit to DMV their social security number."
The only exception is as Driver8 states. But in that case the individual must submit a SSN Denial Letter received from the SSA stating that the individual is not eligible for an SSN.
But, my primary question remains:
Is it legal for me to drive in the US with my foreign driver’s license until I receive my California driver’s license ?
Go on line and get an appointment for a driver’s license @ your local DMV. Print the page to show that you have done so. (two things here. First the DMV webmaster should be shot for the crappy way the website goes about allowing you to choose an apointment time, and secondly don’t ever go to the DMV w/o an apointment)
When you go in, if asked, show your application for a SS # and explain that you have not gotten it back from the Feds yet. They will either issue the license, or hold the paperwork until your number comes in. In either event the DMV will probably collect money and give you a recipt. Save this.
What to do if you get stopped by the officer of the law:
Before your appointment Show the officer your appointment letter with DMV, he will probably let you slide on the no license bit.
After your apointment (paperwork held) You will have a recipt that the DMV collected money, and again the cop will probably let you off.
In either event driving w/o a license in your possesion, is not a capitol offense in California. Probably you will be required to show up at court and show your license.
My other advice is don’t sweat it too much. If you are trying to comply with the law, the police won’t come down you like a ton of bricks. Furthermore chances are you won’t even get stopped before your license arrives.
BTW welcome to California, hope you didn’t buy a house in Laguna.
Look closely at TItle II of the REAL ID Act; it doesn’t prohibit states from issuing driver’s licenses to people without Social Security numbers. It does prohibit driver’s licenses that are issued without certain procedural safeguards from being accepted as identification by Federal agencies. So in theory states can issue two classes of driver’s licenses, one that can be used as ID for Federal purposes and one that can’t, but can still be used for driving.
My guess is that for DMV purposes you’re a resident, not a visitor - how long are you planning to stay in California? And “working” suggests “resident” to me much more than “vacation” does, and I believe the IRS will tax you as a resident on income earned in the U.S. in most visa categories (but don’t quote me on that - it’s not my area of expertise).
Of course, how California is implementing all this garbage in practice, I have no idea. I second the idea of talking to AAA. But the real issue is why it’s taking so damn long for you to get a Social Security number, as you are here in valid immigration status. But if you’re here on a work visa, you probably have co-workers who have already dealt with this issue - why don’t you ask them for the scoop?
Thanks, Rick. That’s probably the best answer I’ve received for this question from anyone, including the DMV
I’ll also look into joining the AA or something.
Eva Luna, yes I’m here on work and expect to be here for about 6-12 months. I will be taxed by the IRS, and that is one of the primary reasons I need an SSN. The reason it’s taking so long for my SSN is really that I hadn’t applied until yesterday. Which is why I had this question on my mind. I expect to receive the number and card in about 2 weeks.
I’m taking Rick’s advice and scheduling an appointment for a written test with the DMV.
Now I’m wondering whether I’ll get into trouble if I drive into the DMV for my driving test The driving test requirements state “Bring with you: 2. A licensed driver” !
When I weant through this process, I got a social security denial by queueing up at the Social Security place with my visa and employment details, it was a long queue but an easy process. Then I used that to go to the DMV and get my temporary license and book the License test.
As long as you have your foreign dribing license and you passport with you you should have no trouble driving to the test alone.
If California is anything like New York, showing up by yourself for your road test will result in an automatic failure for not following the rules. If you can’t get a licensed friend or colleague to go with you on the day, try getting someone from a driving school to accompany you. You’ll pay for their time, but you won’t waste yours, either.
Oh, and whoever comes with you for the road test should probably be sitting behind the wheel until your examiner approaches the car. Don’t give them any reason to fail you before you even get started!
