Posted by GOLDGIRL/CA on 4/28/11 12:11am
Msg #381555

HELP!

I think the CA legislature should pass emergency legislation allowing us to accept the paper extensions as long as DMV is incapable of getting out the new allegedly phony-proof DLs in any reasonable time. Tonight, yet another borrower handed me an expired DL with a paper extension which he got April 7. DMV told him it would be at least 6 weeks before the replacement came. Borrower said Homeland Security accepted the paper extension at the airport - but the CA legislature says we can't?!?!?

Reply by JanetK_CA on 4/28/11 2:43am
Msg #381562

It's the SOS office that says we can't, not the legislature, as far as I'm aware. Some may disagree with me, but I see this as possibly a viable option for using two credible witnesses. They may have done the responsible thing by applying for their replacement (depends on how far in advance), but it could possibly be considered "difficult or impossible" to get their replacement, if those are taking longer than what would previously have been a reasonable expectation. An exception would be if the reminder notices are coming out far enough in advance and telling people to allow six weeks for the replacement ID. I have no idea if anything like that is happening.

As for it being accepted at the airport, wouldn't they fall under federal jurisdiction, i.e. a different set of rules. I've been told by the SOS office that they are good for permission to drive, but not for us to accept as ID.

Reply by KODI/CA on 4/28/11 5:22am
Msg #381563

If the expired license was issued within the last 5 years it is still good per SOS handbook, 2011, page 8. I have found some expired licenses that were still good because their original term was for fewer than 5 years.

Reply by James Dawson on 4/28/11 9:49am
Msg #381585

a little late but I agree with JanetK

Reply by GOLDGIRL/CA on 4/28/11 1:01pm
Msg #381616

First of all, I am aware of the 5-year rule. It's the first thing I look for in hopes I can still use the license. Too bad it seldom works since most DLs are for 5 years.

Second, I was not aware the SOS set any rules/regulations for notaries - I thought they oversaw notaries public based on laws passed by the CA legislature. The SOS can't tell us what or what not to do beyond what the legislature has set forth, IMO. However, if the SOS wants to interpret the laws regarding ID and suddenly say we can use paper extensions, yippee!

In any case, I am also aware of the CIW route - but many times we are meeting with borrowers who have no way of rounding up 2 CIWs at the signing - or just don't want to.

So back to my original point - the DOT Homeland Security accepts paper extensions, allowing airline passengers to pass through security. If it's good enough ID to board a plane, shouldn't it be good enough ID for the CA legislature? The interesting thing is that the only thing missing from a paper extension is a photo. Otherwise it has all the other required elements. I suspect most notaries do accept them, otherwise the SOS would have been flooded with calls from upset notaries over DMV and this huge mess over these new DLs.

Reply by James Dawson on 4/29/11 9:55am
Msg #381731

GoldGirl as a follow up, I was just thinking,...we all are responsible for our own actions so if you decided to do it I would include a note in my journal as to why I felt it was O.K. at lease it would show you weren't blatantly negligent. Common sense is the least common of all the senses IMO