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View Full Version : Dual Residency with TX????


Kingofthehill
05-11-2009, 5:33 PM
Thanks

ST5MF
05-11-2009, 5:51 PM
Having a hard time finding info on this, and this is not so i can buy different firearms. Its more of a work/union/class A thing.

My main career is a Hollywood Local 399 Teamster (Transportation in the movie industry)... Work has sucked and I have started a new job and just put my union card in my back pocket simply waiting for the industry to pick up.

My g/f (soon to be wife) had a chance to relocate with her company to San Antonio at a higher position and being that I work for the same company now who is excellent by the way, we took it.

I called my Union and told them the situation and they said it just had to be a CDL and it was fine if it was from any state. SO, I plan on working in the movie industry more but for now while we get situated I am gonna keep this job and worry about movies/shows in another year or so.

I would LIKE to simply do a dual residency if possible instead of having to re-take my commercial test out there (don't know how different it is).

we will have a home here in CA as well as TX... I know I have a lot of research ahead of me but I figure it doesn't hurt to ask here. Also I did not see anything on the Texas DMV site to answer any of my questions.

Thanks for looking.

JOe

Just get a Texas Drivers License and TX CCW with your Texas Address and a California ID card with Cali Address and feel free to move about each state if you have 2 legal residences. You will like having that TX Drivers License. You can walk into a dealers and walk out with your **** the same day. Plus veh registration is much less $ in Tx with no state tax either. Unfortunately you will still have to pay taxes on work performed in California to the state.

ST5MF
05-11-2009, 5:55 PM
BTW you can legally only have one drivers license from one state. You can have a Cali ID but not a Cali Drivers License if you have a TXDL and vice versa. I would recommend the TXDL so you can register your vehicles there and save a lot of $.

triggerhappy
05-11-2009, 6:21 PM
Thanks for your input on this, st5. I've been pondering getting my Arizona license kinda early ( We'll be moving that way ASAP, maybe a year or so ), but wasn't sure how that would work with Kalif. Makes more sense now for check-cashing and the like...

ST5MF
05-11-2009, 7:02 PM
Thanks for your input on this, st5. I've been pondering getting my Arizona license kinda early ( We'll be moving that way ASAP, maybe a year or so ), but wasn't sure how that would work with Kalif. Makes more sense now for check-cashing and the like...

Make sure you have a physical address before you get the AZ ID if you plan to purchase firearms in AZ. Getting an ID is easy in AZ but watch what you do with it.

Riodog
05-11-2009, 9:16 PM
The CDL which stands for "Commercial Drivers License" is the same in all states. Normally you'd just have to hand them your old one and they'd hand you a new one.
Just keep your Calif d/l and get a Texas ID card with your Texas address on it.
Been there done that,
Rio

KylaGWolf
05-11-2009, 10:20 PM
Here is something to keep in mind. IF you get pulled over with a car with plates from one state that you own and a drivers license from another state that you have then you run the risk of being in trouble. This happened to my aunt and uncle when they had their motorhome and DL in Oregon and their car was still CA till they finished moving and well got pulled over and got a HUGE ticket out of it.

Best advice would be to check with a lawyer on what is the legal thing to do.

ST5MF
05-11-2009, 10:24 PM
Here is something to keep in mind. IF you get pulled over with a car with plates from one state that you own and a drivers license from another state that you have then you run the risk of being in trouble. This happened to my aunt and uncle when they had their motorhome and DL in Oregon and their car was still CA till they finished moving and well got pulled over and got a HUGE ticket out of it.

Best advice would be to check with a lawyer on what is the legal thing to do.

Just make sure the state of registration matches your DL.

Steve O
05-12-2009, 2:53 AM
BTW you can legally only have one drivers license from one state. You can have a Cali ID but not a Cali Drivers License if you have a TXDL and vice versa. I would recommend the TXDL so you can register your vehicles there and save a lot of $.

What PC is that?
I don't see anywhere where it says you cannot have a DL in both states.

AfricanHunter
05-12-2009, 3:10 AM
What PC is that?
I don't see anywhere where it says you cannot have a DL in both states.

I am also in this situation and would appreciate input or the contact info of an attorney who specializes in dual residency issues.

Have a residence in CA and OR, Spend time in both places. Was planning on getting an OR DL and CA ID card.

ST5MF
05-12-2009, 5:07 AM
What PC is that?
I don't see anywhere where it says you cannot have a DL in both states.


Call CHP or TXDPS.

One state drivers license is all you may have. Found this out years ago.

When you go to the DMV they do ask if you have another states DL. You can have many ID's but only one states DL.

Sgt Raven
05-12-2009, 10:32 AM
I am also in this situation and would appreciate input or the contact info of an attorney who specializes in dual residency issues.

Have a residence in CA and OR, Spend time in both places. Was planning on getting an OR DL and CA ID card.

It's been explained to SteveO but he won't accept the facts. :rolleyes: :TFH:

ChuckBooty
05-12-2009, 11:08 AM
There is no federal database that would indicate whether someone has a drivers license in multiple states. Nor is there a federal law prohibiting it...it is up to the state. For instance...Florida will allow someone to posses a FL drivers license AND a license from another state.

ST5MF
05-12-2009, 12:01 PM
There is no federal database that would indicate whether someone has a drivers license in multiple states. Nor is there a federal law prohibiting it...it is up to the state. For instance...Florida will allow someone to posses a FL drivers license AND a license from another state.

Good luck with that.

jasilva
05-12-2009, 12:38 PM
Just get a Texas Drivers License and TX CCW with your Texas Address and a California ID card with Cali Address and feel free to move about each state if you have 2 legal residences. You will like having that TX Drivers License. You can walk into a dealers and walk out with your **** the same day. Plus veh registration is much less $ in Tx with no state tax either. Unfortunately you will still have to pay taxes on work performed in California to the state.


Only if the work you perform here is of a long enough duration for CA to consider you a resident. If you work for a CA company but do the work out of the state and have TX residency then CA can't make you pay income tax.

Steve O
05-12-2009, 1:25 PM
I am also in this situation and would appreciate input or the contact info of an attorney who specializes in dual residency issues. Have a residence in CA and OR, Spend time in both places. Was planning on getting an OR DL and CA ID card.

The problem form what I understand, is that CA says if you are simply driving in CA you have to get a CA DL after 11 days. And other states have similar laws with restrictions on the number of days that you can drive in that state with out that states DL. So really if that is the case, you would legally need a DL for each state that you drive for more than the number of days allowed.

It's been explained to SteveO but he won't accept the facts. :rolleyes: :TFH:

Accept the facts? What facts? Until someone here quotes the LAW I will just assume that all of you are just assuming...

Try driving with a CA DL in FL for 6 months and see what the judge says when you end up in court for being ticked twice for not having a valid states DL. They don't like it...

Good luck with that.

I've had luck with that for 8 years now...

When I was in FL working for standard oil I was pulled over and informed that I needed to get my FL DL. I thought I was going to be returning to CA with in the next few days, so I didn't get around to it. I was again pulled over in FL and told in a very unfriendly way to get a FL DL and cited to appear in front of the judge. The judge grilled me for not obeying the state law. He fined me and so I got the FL DL. I was there for the next month.

Then I was back in CA. I was pulled over and informed that I needed to get my CA DL, so I did. When I was getting back my CA DL I filled out the paper work and check the box that asked if I had any other states DL. they took my money, and sent my CA DL in the mail.

I have been working in both states for months at a time, using both DL when driving in those states. No problems. I have even renewed both DL's in each state, again no problems.

I was under the assumption that I was obeying the laws...
I told each DMV about the DL form the other state...

ST5MF
05-12-2009, 2:01 PM
The problem form what I understand, is that CA says if you are simply driving in CA you have to get a CA DL after 11 days. And other states have similar laws with restrictions on the number of days that you can drive in that state with out that states DL. So really if that is the case, you would legally need a DL for each state that you drive for more than the number of days allowed.



Accept the facts? What facts? Until someone here quotes the LAW! I will just assume that all of you are just assuming.

Try driving with a CA DL in FL for 6 months and see what the judge says when you end up in court for being ticked twice for not having a valid states DL.



I've had luck with that for 8 years now.

When I was in FL working for standard oil I was pulled over and informed that I needed to get my FL DL. I thought I was going to be returning to CA with in the next few days, so I didn't get around to it. I was again pulled over in FL and told to get a FL DL and cited to appear in front of the judge, So I got the FL DL. I was there for the next month.

Then I was back in CA. I was pulled over and informed that I needed to get my CA DL, so I did. When I was getting back my CA DL I said that I had a FL DL and they "ok" and took my money, and sent my CA DL in the mail.

I have been working in both states for months at a time, using both DL when driving in those states. No problems. I have even renewed both DL's in each state, again no problems.

I was under the assumption that I was obeying the laws...

I have lived here (CA) for almost 10yrs with a TXDL. Never had a CADL. I do have a CA ID. Don't let the CHP or local PD see your FLDL and CADL together they will take the FLDL or CADL (perhaps both) in a heartbeat...

Steve O
05-12-2009, 2:13 PM
wow really?
So its legal, but they don't like it?

It probably has something to do with CA's "Negligent driver" point system. Other states don't have as strict rules for having moving violations.

When I'm pulled over, I already have my DL in my hand.

jasilva
05-12-2009, 2:35 PM
wow really?
So its legal, but they don't like it?

It probably has something to do with CA's "Negligent driver" point system. Other states don't have as strict rules for having moving violations.

When I'm pulled over, I already have my DL in my hand.

It has something to do with the VC section that states you must surrender ANY other drivers licenses you hold before CA will issue you a CA license. By having another license in your possession you are in violation of the law. The law states you cannot have more than one license in possession. DMV specifically asks you if you are licensed in another state and tells you that you must surrender the other licenses before they will issue a CDL. That would be CVC 12511 if you care to look it up. I would venture to guess that if you annoy the officer enough he could add in a perjury charge, I would.

Steve O
05-12-2009, 2:52 PM
Thanks Jas.

So its a VC not a PC?
But violations of VC are criminal offenses?

I don't get this. I told both DMV offices about each others state DL and they never collected them. But this was years ago.

I'll read the VC and see what it says about "possession" of another states DL. Perhaps keeping that states physical DL card in that state would not violate the law.

E Pluribus Unum
05-12-2009, 2:59 PM
Thanks Jas.

So its a VC not a PC?
But violations of VC are criminal offenses?

I don't get this. I told both DMV offices about each others state DL and they never collected them. But this was years ago.

I'll read the VC and see what it says about "possession" of another states DL. Perhaps keeping that states physical DL card in that state would not violate the law.

You've been listening to Freedom too much... :)

Most violations of the VC can be charged as full misdemeanors.

The magic number is 10 days. Unless you are a full time student, one must change his out of state license to a CDL after 10 days of living in this state.

They want their money.

pat038536
05-12-2009, 3:31 PM
Call CHP or TXDPS.

One state drivers license is all you may have. Found this out years ago.

When you go to the DMV they do ask if you have another states DL. You can have many ID's but only one states DL.


http://www.dmv.ca.gov/pubs/vctop/vc/tocd6c1a1.htm

Licensee Entitled to One License
12511. No person shall have in his or her possession or otherwise under his or her control more than one driver's license.
Amended Ch. 1509, Stats. 1988. Effective January 1, 1989.

Residency
12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a personís state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.
Prima facie evidence of residency for driverís licensing purposes includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher education.
(C) Filing a homeownerís property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.
(2) California residency is required of a person in order to be issued a commercial driverís license under this code.
(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licenseeís primary residence is in another state.
(c) Any person entitled to an exemption under Section 12502, 12503, or 12504 may operate a motor vehicle in this state for not to exceed 10 days from the date he or she establishes residence in this state, except that he or she shall obtain a license from the department upon becoming a resident before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.
(d) If the State of California is decertified by the federal government and prohibited from issuing an initial, renewal, or upgraded commercial driverís license pursuant to Section 384.405 of Title 49 of the Code of Federal Regulations, the following applies:
(1) An existing commercial driverís license issued pursuant to this code prior to the date that the state is notified of its decertification shall remain valid until its expiration date.
(2) A person who is a resident of this state may obtain a nonresident commercial driverís license from any state that elects to issue a nonresident commercial driverís license and that complies with the testing and licensing standards contained in subparts F, G, and H of Part 383 of Title 49 of the Code of Federal Regulations.
(3) For the purposes of this subdivision, a nonresident commercial driverís license is a commercial driverís license issued by a state to an individual domiciled in a foreign country or in another state.
(e) Subject to Section 12504, a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driverís license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.
(f) Any person from a foreign country, except a territory or possession of the United States, the Commonwealth of Puerto Rico, or Canada, shall obtain a class A or a class B license from the department before operating on the highways a motor vehicle for which a class A or class B license is required, as described in Section 12804.9. The medical examination form required for issuance of a class A or class B driverís license shall be completed by a health care professional, as defined in paragraph (2) of subdivision (a) of Section 12804.9, who is licensed, certified, or registered to perform physical examinations in the United States of America. This subdivision does not apply to (1) drivers of schoolbuses operated in California on a trip for educational purposes or (2) drivers of vehicles used to provide the services of a local public agency.
(g) This section does not authorize the employment of a person in violation of Section 12515.
(h) This section shall become operative on September 20, 2005
Amended Sec. 10, Ch. 766, Stats. 1995. Effective January 1, 1996.
Amended Sec. 3, Ch. 952, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

Sgt Raven
05-12-2009, 3:42 PM
You've been listening to Freedom too much... :)

Most violations of the VC can be charged as full misdemeanors.

The magic number is 10 days. Unless you are a full time student, one must change his out of state license to a CDL after 10 days of living in this state.

They want their money.

I wish y'all would get it right CDL has specific meaning in law.
CDL = Commercial Drivers License.
If you mean California Drivers License then use Ca DL. :rolleyes:

Steve O
05-12-2009, 10:54 PM
Yea this is confusing the hell out of me too...

DDT
05-13-2009, 12:36 AM
Was this part clear?


http://www.dmv.ca.gov/pubs/vctop/vc/tocd6c1a1.htm

Licensee Entitled to One License
12511. No person shall have in his or her possession or otherwise under his or her control more than one driver's license.
Amended Ch. 1509, Stats. 1988. Effective January 1, 1989.

Residency
12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has,,,

Steve O
05-13-2009, 2:57 AM
Yes. But does that include CDL or CA DL or both?

munkeeboi
05-13-2009, 8:48 AM
Yes. But does that include CDL or CA DL or both?

It includes all government issued id's that ALLOW you to drive. One DL (No matter what state) per person.

Smokeybehr
05-13-2009, 12:09 PM
Thanks Jas.

So its a VC not a PC?
But violations of VC are criminal offenses?

I don't get this. I told both DMV offices about each others state DL and they never collected them. But this was years ago.

I'll read the VC and see what it says about "possession" of another states DL. Perhaps keeping that states physical DL card in that state would not violate the law.

Some VC violations are misdemeanor and felony offenses. The majority are not, usually just infractions.

When I moved out and back in to CA, the DMV in each state just punched out the expiration date on each out-of-state license and handed it back to me.

DDT
05-13-2009, 12:21 PM
Some VC violations are misdemeanor and felony offenses. The majority are not, usually just infractions.

When I moved out and back in to CA, the DMV in each state just punched out the expiration date on each out-of-state license and handed it back to me.

In CA a "driver's license" is defined as one that is valid. i.e. if the piece of plastic is not valid it is not a "driver's license" per CVC. So, expired or revoked licenses are NOT legally "driver's licenses."

1923mack
05-13-2009, 1:16 PM
The history behind this issue is in the good old days (before computers and large data bases), truck drivers would have multiple drivers licenses (issued from various states). When pulled over in Arizona they would show their Virginia license. When pulled over in Ohio would show a California license. They could have lots of tickets, but not to many points in any one state to be a problem. The Feds caught on to this a passed legistation for commercial drivers licenses (CDL). CDL licenses were only available from one state for commercial drivers. This legislation was only applicable to commercial drivers. The various states understood the problem and most of them now have the same statutes (only one drivers license per individual) for "normal" drivers licenses.