Sinetos

In this appeal we hold that judicial review of an administrative decision of the Department of Motor Vehicles (DMV) is foreclosed by plaintiff’s failure to file his petition for administrative mandamus within the time provided by statute. Accordingly, we shall reverse the judgment of the superior court granting plaintiff relief and order the petition dismissed.

Following administrative hearings the DMV ordered plaintiff Jim Sinetos to surrender his class 1 driver’s license because he no longer met the necessary physical requirements. (Veh. Code, § 12813.) A class 1 license permits the holder to operate any combination of vehicles. By letter dated December 1, 1982, DMV notified plaintiff of its decision to restrict his driver’s license effective December 5, 1982. The letter also advised plaintiff that he qualified only for a class 3 license, the standard operator’s license, or a class 4 license, which authorizes operation of two-wheeled vehicles. As required by statute, the letter informed plaintiff of his right to commence proceedings for judicial review within 90 days “from the date such order is noticed.” (Veh. Code, § 14401, subd. (a).)

Approximately 40 days after…