Extra driver in California: Does that driver have to be registered?
 

I understand that California law allows any rental to have an additional driver for no charge.

Does that driver have to be explicitly registered with the rental company?

Yes, all drivers need to be physically present when picking up the car and showing drivers licenses. Some companies allow additional drivers to be added at a later time but only by stopping by at one of their locations with the drivers physically present and showing the licenses

The answer is that it depends and that the rules may vary by company. Let's take Hertz as an example:

There are two types of additional drivers as it pertains to Hertz locations in the state of CA:
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• Authorized Operators
• Additional Authorized Operators

Authorized Operators are the employer, employee or fellow employee of renter on company business, (when booking includes company Corporate Discount Number), or the renter's spouse. Authorized Operators do not have to be present at time of rental.

Additional Authorized Operators (AAOs) are individuals not automatically covered on the rental agreement as Authorized Operators (noted above). AAOs must be present and may be signed on to the rental agreement at the time of rental or during the rental at any US corporate location.

What do the terms & conditions of the vehicle you are renting say and who is the person you intend to permit to drive, e.g. colleague, wife, hitch hiker?

Thank you! That's helpful. It will be a fellow employee and that employee will have rented the car at the airport; we are arriving separately.

Just to be clear, you are renting under your mutual employer's CDN.

California Civil Code puts four different groups of people into the category of "Authorized Driver" as follows:

However, note that all authorized drivers are equally responsible in the case of any damage to the vehicle and that rental cars in California come with no liability insurance. I'm really careful about who gets to drive my rental cars in California. Actually, I don't let anyone else drive my rental cars in California ;)

Renting under a specific CDP is not listed as a requirement in California Code.

Most helpful!

Although the code itself

really means "any of the following," no?

Do you have a link to that section of the Code?

It's 1939.01 of the Civil Code.

You also need to consider what insurance you are relying on. I use an amex policy underwritten in the UK. That gives cover to me and any additional driver, providing they are explicitly named in the rental agreement. So even though (as autoslash points out) hertz don't need my spouse to be named in the rental document, I insist that this is done because it's a condition of the insurance cover that I rely on.

So if someone is under the authorized driver group in California, do rental liability policies have to cover them? As in, is that in conflict with the law?
Because National said I couldn't add (cause it was a direct bill) and lady just said they are covered, don't worry.

Yes, if someone is an authorized driver and listed on the rental contract as such, they would be covered under SLI if it was purchased from the rental company, or included on the contract as in the case of a corporate contract. The nuance in California is just that additional drivers, regardless of relationship do not pay a fee.

Nowhere in National's general terms and conditions do they say that an additional driver does not have to be listed on the contract:

See: https://www.nationalcar.com/en/suppo...iver-fees.html

Keep in mind that it's possible that your company's contract with National may stipulate that if you are traveling on business, then any employees of your company traveling with you are automatically considered additional drivers. That could supersede the general language listed on their website.

As for whether National is capable of adding an authorized driver to a rental contract in all cases, we cannot say, but we'd push to have any additional drivers listed on the contract to be on the safe side. If the rental agent refuses or says it cannot be done, you could always record that interaction on your phone (in certain states including CA you should make the other party aware you are recording) so you have documented proof just in case something happens. That may be overkill, but better safe than sorry, and, you asked. :)

I'm not a lawyer but the code in California seems to indicate differently, that the renter is "just an authorized driver", meaning that they all have the same rights:
So whether being expressly listed is the same as as 1 (being the renter) or 2 or 3 (some type of relationship). And I presume same rights?

I didn't read more into the code, but later it states:

Does the CA additional driver law only allow one additional driver for free or can there be more than one for free (as long as they meet the new 2022 family member criteria of course)?

No limit on the number of drivers as long as they meet the relationship criteria.