Bill Text: CA AB2098 | 2011-2012 | Regular Session | Amended
Bill Title: Driver's licenses: requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-02 - From committee without further action pursuant to Joint Rule 62(a). [AB2098 Detail]
Download: California-2011-AB2098-Amended.html
BILL NUMBER: AB 2098 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Jones
FEBRUARY 23, 2012
An act to amend Section 2006 of the Streets and Highways
Code, relating to county roads. 12509 of, and to add
Section 12814.9 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2098, as amended, Jones. County road commissioners.
Driver 's licenses: requirements.
(1) Existing law authorizes the Department of Motor Vehicles, for
good cause, to issue an instruction permit. Existing law, the
Brady-Jared Teen Driver Safety Act of 1997 allows for the issuance of
a driver's license to an applicant who is at least 16 years of age
but less than 18 years of age pursuant to the provisional licensing
program. The provisional licensing program requires completion of at
least 1 of 5 education and training or examination components and
imposes during restrictions on the licensee applicable during the
first 12 months after insurance of the provisional license. A
violation of the Vehicle Code is a crime.
This bill would prohibit the department from issuing a driver's
license to a person who is 18 or 19 years of age unless the person
meets the requirements may similar to those established under the
provisional licensing program, but which would not include driving
restrictions.
The bill would impose a state-mandated local program by creating
new crimes.
(2) 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.
Existing law provides for the appointment of a road commissioner
in each county by the board of supervisors, with specified powers and
duties relating to county roads. Existing law provides for
exceptions to this requirement in cases in which the duties of the
road commissioner have been transferred by the board of supervisors
to the county director of transportation or another authorized
person.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 15 years and 6 months of age 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 15 years and 6 months of age 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 15 years and 6 months of age 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 16 years of age and is applying for a restricted
driver's license pursuant to Section 12814.7.
(5) Is over 17 years and 6 months of age.
(6) Is over 17 years and 6 months of age and is applying for a
driver's license pursuant to Section 12814.9.
(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 who is 18 years of age or over and whose
driving privilege is not subject to 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. Section 12814.9 is added to the
Vehicle Code , to read:
12814.9. (a) The department shall not issue a driver's license to
a person who is 18 or 19 years of age unless the person meets the
requirements specified in subdivisions (b), (c), and (d).
(b) The person shall have held an instruction permit for not less
than six months prior to applying for the driver's license. The
department shall issue the instruction permit upon satisfactory
completion of a written examination.
(c) The person shall have complied with one of the following:
(1) Satisfactory completion of on approved course in automobile
driver education and driver training maintained pursuant to
provisions of the Education Code in any secondary school of
California, or equivalent instruction in a secondary school of
another state.
(2) Satisfactory completion of an integrated driver education and
training program that is approved by the department and conducted by
a driving instructor licensed under Chapter 1 (commencing with
Section 11100) of Division 5. The program shall utilize segmented
modules, whereby a portion of the educational instruction is provided
by, and then reinforced through, specific behind-the-wheel training
before moving to the next phase of driver education and training. The
program shall contain a minimum of 30 hours of classroom instruction
and six hours of behind-the-wheel training.
(3) Satisfactory completion of six hours or more of
behind-the-wheel instruction by a driving school or an independent
driving instructor licensed under Chapter 1 (commencing with Section
11100) of Division 5, and satisfactory completion of one of the
following:
(A) An accredited course in automobile driver education in any
secondary school of California pursuant to provisions of the
Education Code.
(B) Professional instruction that is equivalent to subparagraph
(A) and is acceptable to the department. To be acceptable to the
department, the professional instruction provided pursuant to this
subparagraph shall meet minimum standards that may be prescribed by
the department, and the standards shall be at least equal to the
requirements for driver education and driver training contained in
the rules and regulations adopted by the State Board of Education
pursuant to the Education Code.
(d) The person shall successfully complete a driving test, as
required by the department.
(e) Except as provided under paragraph (2) of subdivision (c), a
student may not take driver training instruction, unless he or she
has successfully completed driver education.
(f) A person who has complied with subdivision (c) shall not be
required by the governing board of a school district to comply with
paragraph (1) of subdivision (c) in order to graduate from high
school.
(g) (1) Notwithstanding any other provision of this code, the
department may issue a distinctive driver's license that displays a
distinctive color or a distinctively colored stripe or other
distinguishing characteristic, to a person who is 18 or 19 years of
age.
(2) If changes in the format or appearance of driver's licenses
are adopted pursuant to this subdivision, those changes may be
implemented under any new contract for the production of driver's
licenses entered into after the adoption of those changes.
(h) Before retaking an examination or test required by this
section, the person shall wait for not less than one week after
failure of the written test and for not less than two weeks after
failure of the driving test.
SEC. 3. 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.
SECTION 1. Section 2006 of the Streets and
Highways Code is amended to read:
2006. (a) Except as otherwise provided in this chapter, the board
of supervisors of each county shall appoint a single road
commissioner for all road districts in the county. Every person who
is appointed road commissioner after December 31, 1965, shall be a
registered civil engineer. However, the City and County of San
Francisco may appoint a person road commissioner who is not a
registered civil engineer. Any person appointed road commissioner on
or before December 31, 1965, need not be a registered civil engineer
if he or she is approved by the board of supervisors as qualified and
competent to handle the road and highway work of the county. Any
person who is a road commissioner in any county on December 31, 1965,
need not be a registered civil engineer to be appointed road
commissioner of another county after December 31, 1965. After October
1, 1952, no person shall be appointed road commissioner until the
board of supervisors holds a public hearing on the qualifications of
the candidate or candidates for the position of road commissioner. At
least 14 days but not more than 30 days prior to the hearing, notice
of the hearing shall be posted at the county courthouse and
published at least once in a newspaper of general circulation in the
county. Nothing in this section precludes one person from serving two
or more counties. An elective county official shall not be appointed
road commissioner after October 1, 1952, unless the official is
holding the position of road commissioner on that date. The road
commissioner is, at all times, under the direction and supervision of
the board of supervisors but may be dismissed, after a hearing, only
upon a majority vote of the board. This subdivision does not apply
in chartered counties whose charter requires the county surveyor to
perform the duties of, or exercise the powers conferred by law on,
the road commissioner.
(b) Each county shall furnish evidence to the Controller that it
has complied with this section.
(c) Neither the Controller nor any other state officer shall make
any allocations or payments to any county from the Highway Users Tax
Account in the Transportation Tax Fund until the county has complied
with the requirements of this section; except that, if a vacancy
occurs in the office of road commissioner of a county, the
allocations or payments to the county shall not be suspended pursuant
to this section unless the county has not appointed a new road
commissioner in accordance with this section within 180 days from the
date the vacancy first occurred.
(d) The 180-day time limit is contingent on the condition that
there be a qualified acting road commissioner functioning during the
interim period under direct appointment by the board of supervisors.
