Bill Text: CA AB235 | 2015-2016 | Regular Session | Introduced
Bill Title: Driver's licenses: provisional licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB235 Detail]
Download: California-2015-AB235-Introduced.html
BILL NUMBER: AB 235 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Frazier
FEBRUARY 5, 2015
An act to amend Section 12814.6 of the Vehicle Code, relating to
driver's licenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 235, as introduced, Frazier. Driver's licenses: provisional
licenses.
Existing law, the Brady-Jared Teen Driver Safety Act of 1997,
provides for the issuance of a driver's license to an applicant who
is at least 16 years of age but under 18 years of age pursuant to the
provisional licensing program. Under existing law, a person licensed
under this program is prohibited, during the first 12 months after
issuance of a provisional license, from driving during the hours of
11 p.m. and 5 a.m. or from transporting passengers who are under 20
years of age, subject to specified exceptions. Under existing law, a
violation of these provisions is an infraction.
This bill would prohibit a person with a provisional license, from
engaging in those prohibited activities until the provisional period
ends when the person reaches 18 years of age. By expanding the scope
of a crime, this bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12814.6 of the Vehicle Code is amended to read:
12814.6. (a) Except as provided in Section 12814.7, a driver's
license issued to a person at least 16 years of age but under 18
years of age shall be issued pursuant to the provisional licensing
program contained in this section. The program shall consist of all
of the following components:
(1) Upon application for an original license, the applicant shall
be issued an instruction permit pursuant to Section 12509. A person
who has in his or her immediate possession a valid permit issued
pursuant to Section 12509 may operate a motor vehicle, other than a
motorcycle or motorized bicycle, only when the person is either
taking the driver training instruction referred to in paragraph (3)
or practicing that instruction, provided the person is accompanied
by, and is under the immediate supervision of, a California licensed
driver 25 years of age or older whose driving privilege is not on
probation. The age requirement of this paragraph does not apply if
the licensed driver is the parent, spouse, or guardian of the
permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than
six months prior to applying for a provisional driver's license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile
driver education and driver training maintained pursuant to
provisions of the Education Code in any a
secondary school of California, or equivalent instruction in a
secondary school of another state.
(B) 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.
(C) 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 either an accredited course in automobile
driver education in any a secondary
school of California pursuant to provisions of the Education Code or
satisfactory completion of equivalent professional instruction
acceptable to the department. To be acceptable to the department, the
professional instruction shall meet minimum standards to 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. A person who has complied
with this subdivision subparagraph
shall not be required by the governing board of a school district to
comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student may not
take driver training instruction, unless he or she has successfully
completed driver education.
(4) The person shall complete 50 hours of supervised driving
practice prior to the issuance of a provisional license, which is in
addition to any other driver training instruction required by law.
Not less than 10 of the required practice hours shall include driving
during darkness, as defined in Section 280. Upon application for a
provisional license, the person shall submit to the department the
certification of a parent, spouse, guardian, or licensed or certified
driving instructor that the applicant has completed the required
amount of driving practice and is prepared to take the department's
driving test. A person without a parent, spouse, guardian, or who is
an emancipated minor, may have a licensed driver 25 years of age or
older or a licensed or certified driving instructor complete the
certification. This requirement does not apply to motorcycle
practice.
(5) The person shall successfully complete an examination required
by the department. Before retaking a test, 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.
(b) Except as provided in Section 12814.7, the provisional driver'
s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the
first 12 months after issuance of a provisional license the
licensee may not do any of the following unless accompanied and
supervised by a licensed driver who is the licensee's parent or
guardian, a licensed driver who is 25 years of age or older, or a
licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m.
or transport an immediate family member without being accompanied and
supervised by a licensed driver who is the licensee's parent or
guardian, a licensed driver who is 25 years of age or older, or a
licensed or certified driving instructor, in the following
circumstances:
(A) Medical necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from a physician familiar with the
condition, containing a diagnosis and probable date when sufficient
recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when
reasonable transportation facilities are inadequate and operation of
a vehicle by a minor is necessary. The licensee shall keep in his or
her possession a signed statement from the school principal, dean,
or school staff member designated by the principal or dean,
containing a probable date that the schooling or school-authorized
activity will have been completed.
(C) Employment necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from the employer, verifying employment
and containing a probable date that the employment will have been
completed.
(D) Necessity of the licensee or the licensee's immediate family
member when reasonable transportation facilities are inadequate and
operation of a vehicle by a minor is necessary to transport the
licensee or the licensee's immediate family member. The licensee
shall keep in his or her possession a signed statement from a parent
or legal guardian verifying the reason and containing a probable date
that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is in violation of the
restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether a driver who is subject to the
license restrictions in subdivision (b) is in violation of Article
2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of
Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any a
licensee has violated paragraph (1) of subdivision (b), the court
shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community
service for a first offense and not less than 16 hours nor more than
24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first
offense and a fine of not more than fifty dollars ($50) for a second
or subsequent offense.
(2) If the court orders community service, the court shall retain
jurisdiction until the hours of community service have been
completed.
(3) If the hours of community service have not been completed
within 90 days, the court shall impose a fine of not more than
thirty-five dollars ($35) for a first offense and not more than fifty
dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when
reported to the department, may not be disclosed as otherwise
specified in Section 1808 or constitute a violation point count value
pursuant to Section 12810.
(g) Any A term of
restriction or suspension of the driving privilege imposed on a
person pursuant to this subdivision shall remain in effect until the
end of the term even though the person becomes 18 years of age before
the term ends.
(1) The driving privilege shall be suspended when
if the record of the person shows one or more
notifications issued pursuant to Section 40509 or 40509.5. The
suspension shall continue until any a
notification issued pursuant to Section 40509 or 40509.5 has been
cleared.
(2) A 30-day restriction shall be imposed when
if a driver's record shows a violation point count of two
or more points in 12 months, as determined in accordance with Section
12810. The restriction shall require the licensee to be accompanied
by a licensed parent, spouse, guardian, or other licensed driver 25
years of age or older, except when operating a class M vehicle, or so
licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year
term of probation shall be imposed whenever
if a licensee's record shows a violation point count of three
or more points in 12 months, as determined in accordance with Section
12810. The terms and conditions of probation shall include, but not
be limited to, both of the following:
(A) The person shall violate no law which, if resulting in
conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises
as a result of a motor vehicle accident, the person may, in writing
and within 10 days, demand a hearing to present evidence that he or
she was not responsible for the accident upon which the action is
based. Whenever action by the department is based upon a conviction
reportable to the department under Section 1803, the person has no
right to a hearing pursuant to Article 3 (commencing with Section
14100) of Chapter 3.
(i) The department shall require a person whose driving privilege
is suspended or revoked pursuant to subdivision (g) to submit proof
of financial responsibility as defined in Section 16430. The proof of
financial responsibility shall be filed on or before the date of
reinstatement following the suspension or revocation. The proof of
financial responsibility shall be maintained with the department for
three years following the date of reinstatement.
(j) (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 persons at least 16 years of age
and older but under 18 years of age, and to persons 18 years of age
and older but under 21 years of age, so that the distinctive license
feature is immediately recognizable. The features shall clearly
differentiate between driver's licenses issued to persons at least 16
years of age or older but under 18 years of age and to persons 18
years of age or older but under 21 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 a new contract
for the production of driver's licenses entered into after the
adoption of those changes.
(k) The department shall include, on the face of the provisional
driver's license, the original issuance date of the provisional
driver's license in addition to any other issuance date.
(l) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.
SEC. 2. 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.
