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| California - DMV Advisory |
CALIFORNIA DMV ADVISORY
April 15, 2001
DISTRIBUTE WIDELY
In response to increasing rates of "Identity Theft," on October
14, 2000 the California Department of Motor Vehicles implemented a verification program
for all California Drivers requesting a name change. The applicant's full name and
sex was being compared to Social Security records. If the records did not match,
DMV would not issue a Permanent License.
Newly applying California transsexuals have traditionally changed their
Social Security records using their new California Drivers license as proof of their
new identity. With this change in DMV procedures, we were placed in a position where
we seemingly could not get our Permanent Drivers License because our Social Security
records had not been changed. At the same time, we could not get our Social Security
records changed because we did not have a Permanent California Drivers License in
our new name and sex. We were in a classic "Catch-22" conundrum.
Recently, the Department of Motor Vehicles has ceased comparing middle
names and the sex markers. We understand that this has alleviated some of the problems
they have encountered with the trans and general populations.
Following months of discussion with DMV officials, we have been unable
to achieve an acceptable objective procedure to ensure issuance of a Permanent Drivers
license for newly transitioning transsexuals. However, a "Road Map" has
been developed. While it accurately reflects recommendations made, DMV officials
have not responded to our efforts to have them verify this presentation.
This plan is based upon many discussions with DMV officials as they discussed
their mandate and their discussions with the Social Security Administration. We believe
that further major modifications are unlikely until this approach has been implemented.
Very likely, individual representatives within DMV and SSA will occasionally
present inappropriate obstructions. This plan provides a means for overcoming those
obstructions.
DEPARTMENT OF MOTOR VEHICLES
FIRST: Secure a copy of DMV Form DL 328, Change of Name and Gender.
This is a one-page form that will require both your input as well as input by a licensed
California Physician. Generally, this will be your psychiatrist, endocrinologist,
or general practitioner.
SECOND: Return to DMV with the form. Upon payment of the $12 fee,
a Temporary License will be issued in your new name and gender. A DMV Supervisor
will sign the form.We recommend you ask for a copy for your records.
Even though you have a Temporary License at this point, your Permanent
License will not be issued until your name on the DMV and Social Security records
match and are verified by computer run. The sex flag is no longer compared.
SOCIAL SECURITY ADMINISTRATION
THIRD: As soon as reasonably possible, go to a Social Security
office to change your name and optionally, your sex on its records.
You will need your old Social Security card, proof of your old identity, your temporary
drivers license, and proof of your new identity. If you question the sufficiency
of the proof of your new identity, bring anything you might have, such as invoices
from a health care provider, letters and envelopes addressed to you, or even receipts.
Social Security has informed DMV that it realizes proof of new identity
can be difficult for newly transitioning transsexuals. Ideally, a school identification
card in the new name, a payroll stub, or other similar documents will be adequate.
However, Social Security has assured DMV that they will be most liberal in the documentation
they will accept. Therefore, look for anything you might have. Examples include a
doctor's invoice, letter or even mail addressed to you (bring the envelope), or identification
cards from your school or insurance company.
THE PLAN
If the Social Security changes are made quickly enough, the automatic
comparison between DMV and Social Security should generate a "match." The
Permanent License will then be issued in a few weeks.
POSSIBLE PROBLEMS & RECOMMENDATIONS
Q: You receive a letter from DMV stating that since your record did not
generate a "match" with the Social Security records, a Permanent license
cannot be issued.
A: Assuming that the Social Security change has been made, call the Toll-Free
800 number shown on the letter to the DMV Problem Resolution Unit. Request that they
run the match again. This should result in the Permanent license being issued.
Q: Your Temporary License is about to expire.
A: Visit a DMV office to renew the Temporary License.
Q: If there is a problem or delay in getting Social Security to effect
the name change.
A: Call the Social Security Toll-Free 800 number that is also printed
on the DMV letter.
Q: If you encounter an uncooperative DMV or Social Security Customer Representative.
A: Call Sally Walker at DMV (916) 657-4484 for case-by-case
resolution and intervention with local offices who may be confused or uncooperative.
COMMENTS;
The Department of Motor Vehicles is very much aware of the difficulties
that the Identification program inadvertently brought upon the transsexual community.
I will attest to their good faith efforts to resolve and mitigate the difficulties
within the confines of their other mandates. We hope this plan will work smoothly
and without difficulty.
In addition to the above, we also suggest that all newly transitioning
individuals complete a Name Change Declaration. An exemplar Declaration can be found
at:
http://groups.yahoo.com/group/DMV_Issues/files/
The Name Change Declaration can be useful at various times for changing
credit card information, school identification, and in other similar instances. It
will also frequently serve as sufficient documentation for Social Security purposes.
We also suggest that you secure letters from your therapist and your physician
or endocrinologist attesting to your GID diagnosis, participation in a program to
change your secondary sexual characteristics by hormones and ultimately by reassignment
surgery within the Standards of Care. Some have had success changing their sex on
Social Security records with these letters.
If you are having difficulty providing identification in your new name,
request that these documents be mailed to you.
We want to monitor the results of the DMV Plan and request that new applicants
report their experience, both good and bad to our Yahoo Group at:
http://groups.yahoo.com/group/DMV_Issues
In some instances, we may be able to assist in overcoming obstacles. |