Bill Text: CA AB1952 | 2009-2010 | Regular Session | Chaptered
Bill Title: Vehicles: instruction permit: motorcycle.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 586, Statutes of 2010. [AB1952 Detail]
Download: California-2009-AB1952-Chaptered.html
BILL NUMBER: AB 1952 CHAPTERED
BILL TEXT
CHAPTER 586
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 9, 2010
PASSED THE ASSEMBLY AUGUST 12, 2010
AMENDED IN SENATE AUGUST 5, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 22, 2010
INTRODUCED BY Assembly Members Niello and John A. Perez
FEBRUARY 17, 2010
An act to amend Section 12509 of, and to add Section 12509.5 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1952, Niello. Vehicles: instruction permit: motorcycle.
(1) Existing law prohibits a person from driving a 2-wheel
motorcycle, motor-driven cycle, motorized scooter, motorized bicycle,
moped, or bicycle with an attached motor upon a highway, unless the
person holds a valid driver's license or endorsement for that class,
with certain exceptions. Existing law allows a person, who is 15
years and 6 months or older who has a valid instruction permit to
drive a motor vehicle and who has successfully completed automobile
driver education and driver training, and a person who is 17 years
and 6 months or older who has a valid instruction permit to drive a
motor vehicle, to operate a motorcycle, motorized scooter, or
motorized bicycle, with certain exceptions during hours of darkness,
on freeways, and for carrying a passenger. Existing law provides that
a person under 21 years of age may not be issued a class M1 or M2
license or endorsement to drive a motorcycle, unless he or she
provides evidence satisfactory to the Department of Motor Vehicles of
completion of a specified motorcycle safety training program.
The bill would require a person, depending on his or her age, to
meet certain requirements to obtain an instruction permit prior to
operating or being issued a class M1 or M2 driver's license to
operate a 2-wheel motorcycle, motor-driven cycle, motorized scooter,
motorized bicycle, moped, or bicycle with an attached motor. A person
issued an instruction permit pursuant to procedures established
under the bill would be restricted from operating those vehicles
during hours of darkness, on freeways, and while carrying a
passenger. The bill would provide that an instruction permit issued
pursuant to these procedures would be valid for a period not
exceeding 24 months from the date of application.
Because, under existing law, a violation of the Vehicle Code is a
crime, this bill would impose a state-mandated local program by
creating new crimes.
(2) This bill would incorporate additional changes to Section
12509 of the Vehicle Code proposed by AB 2464, to be operative only
if AB 2464 and this bill become effective on or before January 1,
2011, and this bill is enacted last.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as Jarrad's Law.
SEC. 2. Section 12509 of the Vehicle Code is amended to read:
12509. (a) Except as otherwise provided in subdivision (f) of
Section 12514, the department, for good cause, may issue an
instruction permit to a physically and mentally qualified person who
meets one of the following requirements and who applies to the
department for an instruction permit:
(1) Is age 15 years and 6 months or older, and has successfully
completed approved courses in automobile driver education and driver
training as provided in paragraph (3) of subdivision (a) of Section
12814.6.
(2) Is age 15 years and 6 months or older, and has successfully
completed an approved course in automobile driver education and is
taking driver training as provided in paragraph (3) of subdivision
(a) of Section 12814.6.
(3) Is age 15 years and 6 months and enrolled and participating in
an integrated automobile driver education and training program as
provided in subparagraph (B) of paragraph (3) of subdivision (a) of
Section 12814.6.
(4) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(5) Is over the age of 17 years and 6 months.
(b) The applicant shall qualify for, and be issued, an instruction
permit within 12 months from the date of the application.
(c) An instruction permit issued pursuant to subdivision (a) shall
entitle the applicant to operate a vehicle, subject to the
limitations imposed by this section and any other provisions of law,
upon the highways for a period not exceeding 24 months from the date
of the application.
(d) Except as provided in Section 12814.6, a person, while having
in his or her immediate possession a valid permit issued pursuant to
paragraphs (1) to (3), inclusive, of subdivision (a), may operate a
motor vehicle, other than a motorcycle, motorized scooter, or a
motorized bicycle, when accompanied by, and under the immediate
supervision of, a California licensed driver with a valid license of
the appropriate class, 18 years of age or over whose driving
privilege is not on probation. An accompanying licensed driver at all
times shall occupy a position within the driver's compartment that
would enable the accompanying licensed driver to assist the person in
controlling the vehicle as may be necessary to avoid a collision and
to provide immediate guidance in the safe operation of the vehicle.
(e) A person, while having in his or her immediate possession a
valid permit issued pursuant to paragraph (4) of subdivision (a), may
only operate a government-owned motor vehicle, other than a
motorcycle, motorized scooter, or a motorized bicycle, when taking
driver training instruction administered by the California National
Guard.
(f) The department may also issue an instruction permit to a
person who has been issued a valid driver's license to authorize the
person to obtain driver training instruction and to practice that
instruction in order to obtain another class of driver's license or
an endorsement.
(g) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to ensure the
safe operation of a motor vehicle by the permittee.
SEC. 2.5. Section 12509 of the Vehicle Code is amended to read:
12509. (a) Except as otherwise provided in subdivision (f) of
Section 12514, the department, for good cause, may issue an
instruction permit to a physically and mentally qualified person who
meets one of the following requirements and who applies to the
department for an instruction permit:
(1) Is age 15 years and 6 months or older, and has successfully
completed approved courses in automobile driver education and driver
training as provided in paragraph (3) of subdivision (a) of Section
12814.6.
(2) Is age 15 years and 6 months and enrolled and participating
in an integrated automobile driver education and training program as
provided in subparagraph (B) of paragraph (3) of subdivision (a) of
Section 12814.6.
(3) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(4) Is over the age of 17 years and 6 months.
(b) The applicant shall qualify for, and be issued, an instruction
permit within 12 months from the date of the application.
(c) An instruction permit issued pursuant to subdivision (a) shall
entitle the applicant to operate a vehicle, subject to the
limitations imposed by this section and any other provisions of law,
upon the highways for a period not exceeding 24 months from the date
of the application.
(d) Except as provided in Section 12814.6, a person, while having
in his or her immediate possession a valid permit issued pursuant to
paragraph (1) or (2) of subdivision (a), may operate a motor vehicle,
other than a motorcycle, motorized scooter, or a motorized bicycle,
when accompanied by, and under the immediate supervision of, a
California licensed driver with a valid license of the appropriate
class, 21 years of age or over whose driving privilege is not on
probation. An accompanying licensed driver at all times shall occupy
a position within the driver's compartment that would enable the
accompanying licensed driver to assist the person in controlling the
vehicle as may be necessary to avoid a collision and to provide
immediate guidance in the safe operation of the vehicle.
(e) A person, while having in his or her immediate possession a
valid permit issued pursuant to paragraph (3) of subdivision (a), may
only operate a government-owned motor vehicle, other than a
motorcycle, motorized scooter, or a motorized bicycle, when taking
driver training instruction administered by the California National
Guard.
(f) The department may also issue an instruction permit to a
person who has been issued a valid driver's license to authorize the
person to obtain driver training instruction and to practice that
instruction in order to obtain another class of driver's license or
an endorsement.
(g) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to ensure the
safe operation of a motor vehicle by the permittee.
SEC. 3. Section 12509.5 is added to the Vehicle Code, to read:
12509.5. (a) A person shall obtain an instruction permit issued
pursuant to this section prior to operating, or being issued a class
M1 or M2 driver's license to operate, a two-wheel motorcycle,
motor-driven cycle, motorized scooter, motorized bicycle, moped, or
bicycle with an attached motor. The person shall meet the following
requirements to obtain an instruction permit for purposes of this
section:
(1) If age 15 years and 6 months or older, but under the age of 18
years, the applicant shall meet all of the following requirements:
(A) Have a valid class C license or complete driver education and
training pursuant to paragraph (3) of subdivision (a) of Section
12814.6.
(B) Successfully complete a motorcyclist safety program that is
operated pursuant to Article 2 (commencing with Section 2930) of
Chapter 5 of Division 2.
(C) Pass the motorcycle driver's written exam.
(2) If 18 years of age or older, but under 21 years of age, the
applicant shall meet both of the following requirements:
(A) Successfully complete a motorcyclist safety program that is
operated pursuant to Article 2 (commencing with Section 2930) of
Chapter 5 of Division 2.
(B) Pass the motorcycle driver's written exam.
(3) If 21 years of age or older, pass the motorcycle driver's
written exam.
(b) A person described in paragraph (1) or (2) of subdivision (a)
shall hold an instruction permit issued pursuant to this section for
a minimum of six months prior to being issued a class M1 or M2
license.
(c) A person issued an instruction permit pursuant to this section
shall not operate a two-wheel motorcycle, motor-driven cycle,
motorized scooter, motorized bicycle, moped, or bicycle with an
attached motor during the hours of darkness, shall stay off any
freeways that have full control of access and have no crossings at
grade, and shall not carry any passenger except an instructor
licensed under Chapter 1 (commencing with Section 11100) of Division
5 or a qualified instructor as defined in Section 41907 of the
Education Code.
(d) An instruction permit issued pursuant to this section shall be
valid for a period not exceeding 24 months from the date of
application.
(e) The department may perform, during regularly scheduled
computer system maintenance and upgrades, any necessary software
updates related to the changes made by the addition, during the
2009-2010 Regular Session, of this section.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 12509 of the Vehicle Code proposed by both this bill and AB
2464. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 12509 of the Vehicle Code, and (3) this bill is
enacted after AB 2464, in which case Section 2 of this bill shall not
become operative.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
