Bill Text: CA AB1888 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: commercial driver's licenses: traffic violator

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-13 - Chaptered by Secretary of State - Chapter 302, Statutes of 2012. [AB1888 Detail]

Download: California-2011-AB1888-Amended.html

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BILL NUMBER: AB 1888	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2012
	AMENDED IN ASSEMBLY  MAY 22, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2012

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 22, 2012

   An act to amend Section 42005 of, and to add Section 1808.10 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1888, as amended, Gatto. Vehicles: commercial driver's
licenses: traffic violator school.
   Existing law provides for the licensing and administration by the
Department of Motor Vehicles of traffic violator schools, operators,
and instructors. Existing law authorizes the court, after a deposit
of bail and bail forfeiture, a plea of guilty or no contest, or a
conviction, to order a continuance of the proceeding against a person
who receives a notice to appear in court for a violation of a
statute relating to  the  safe operation of a vehicle, in
consideration for completion of a program at a licensed school for
traffic violators. The court is authorized to order that the
conviction be held confidential, unless the person holds a commercial
driver's license or the violation occurred in a commercial vehicle.
The court is prohibited from ordering or permitting a person who
holds a class A, class B, or commercial class C driver's license to
complete a licensed traffic violator school. Existing law requires
that no violation point count be assessed if the record of conviction
is confidential. The driving privilege of a person whose driving
record shows 6 or more points within specified timeframes is subject
to suspension or revocation. A violation of the Vehicle Code is a
crime.
    This bill would allow the court, after a deposit of the specified
fee or bail, a plea of guilty or no contest, or a conviction, to
order or permit a person who holds a class A license, class B
license, or commercial class C driver's license to attend a traffic
violator school for a traffic offense while operating a vehicle
requiring only a class C or class M license. The bill would specify
that the record of conviction  in any 18-month period  would
not be confidential, would require that the record of conviction be
disclosed to insurers for insurance underwriting and rating purposes,
and would not count as a violation point for  specified
purposes   determining whether a driver is presumed to
be a negligent operator, unless a specified condition applies to the
offense  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1808.10 is added to the Vehicle Code, to read:
   1808.10.  The record of the department relating to the first
proceeding and conviction for a driver licensed with a class A
license, class B license, or commercial class C driver's license in
any  12-month   18-month  period who is
allowed, for a traffic offense while operating a vehicle requiring
only a class C or a class M license, to complete a course of
instruction at a traffic violator school, is not confidential and
shall be disclosed for purposes of Title 49 of the Code of Federal
Regulations and to insurers by the department for insurance
underwriting and rating purposes.
  SEC. 2.  Section 42005 of the Vehicle Code is amended to read:
   42005.  (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or no contest or is convicted of a traffic
offense to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
   (b) To the extent the court is in conformance with Title 49 of the
Code of Federal Regulations,  and except as otherwise provided
in this section,  the court may  , after deposit of the fee
under Section 42007 or bail,  order or permit a person who holds
a class A, class B, or commercial class C driver's license,  who
pleads guilty or no contest or is convicted of a traffic offense,
 to complete a course of instruction at a licensed traffic
violator school if the person was operating a vehicle requiring only
a class C license, or a class M license. The court may not order that
the record of conviction be kept confidential. However, the
conviction shall not be added to a violation point count for purposes
of  determining whether a driver is presumed to be a negligent
operator under  Section 12810.5.
   (c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7  , order or permit
avoidance of consideration of violation point counts under
subdivision (b),  or permit a person, regardless of the driver's
license class, to complete a program at a licensed traffic violator
school in lieu of adjudicating an offense if  either
  any  of the following applies to the offense:
   (1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
   (2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5. 
   (3) It is a violation described in subdivision (d) or (e) of
Section 12810. 
   (d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) or (b) may choose the traffic violator school the
person will attend. The court shall provide to each person subject to
that order or referral the department's current list of licensed
traffic violator schools.
   (e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.