Moore

In two separate eases defendants were charged with violation of section 71.01.1 of the Los Angeles Municipal Code (Ordinance No. 77,000) in that defendants “did wilfully and unlawfully in the City of Los Angeles, drive a vehicle as defined in section 71.00 of the Los Angeles Municipal Code, to wit: A Public Transportation Vehicle, without first having obtained a written Driver’s Permit from the Board of Public Utilities and Transportation of the City of Los Angeles, so to do.”

The municipal court sustained the demurrers of defendants and dismissed each complaint. The People appealed. The two appeals were heard together by the Appellate Department of the Superior Court of Los Angeles County, which reversed the judgments and certified the cases to the District Court of Appeal. Pursuant to rule 62 of the California Rules of Court, this court ordered the cases transferred to it.

The question is whether the subject matter of section 71.01.1 of the municipal code has been preempted by the general law. Said section provides that no person shall drive any of the vehicles defined in section 71.00 without first having obtained a written “Driver’s Permit” from the Board of Public Utilities…