Bill Text: CA AB3244 | 2019-2020 | Regular Session | Amended

California Assembly Bill 3244 (Prior Session Legislation)

Bill Title: Vehicles: licensing of drivers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-16 - Re-referred to Com. on TRANS. [AB3244 Detail]

Download: California-2019-AB3244-Amended.html

Amended IN Assembly March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3244

Introduced by Assembly Member ~~Flora~~ Low

February 21, 2020

An act to ~~add Sections 2786.3, 2881.2, and 4533 to the Business and Professions Code, relating to healing arts.~~ amend Section 12804.9 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 3244, as amended, ~~Flora~~ Low. ~~Nursing, vocational nursing, and psychiatric technicians: schools: examination fraud.~~ Vehicles: licensing of drivers.

Existing law requires the Department of Motor Vehicles, upon application for an original driver’s license, except a student license, to require an examination of the applicant. Existing law requires the applicant to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive. Existing law provides that a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license, and specifies that “short-term” means 48 hours or less.
This bill would additionally define “short-term” to mean a period not to exceed 30 days for an operator who meets specified requirements, including that they are at least 18 years of age and have submitted to a motor vehicle record check. The bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of nurses by the Board of Registered Nursing, and requires the board to prepare and maintain a list of approved schools of nursing. Existing law, until January 1, 2021, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board to prepare and maintain a list of approved schools of vocational nursing and a list of approved schools that offer an approved program for psychiatric technicians. Existing law requires those boards to remove a school from an approved list for specified reasons, including if the board determines the school is not maintaining prescribed standards and fails to correct the defect, as specified.
This bill would require the Board of Registered Nursing or the Board of Vocational Nursing and Psychiatric Technicians of the State of California, if it determines a school engaged in examination fraud, to remove the school from its list of approved schools or deny approval of the school for up to 3 years.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 12804.9 of the Vehicle Code is amended to read:

12804.9.

(a) (1) The examination shall include all of the following:

(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.

(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle before supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.

(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.

(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in the applicant’s driver record a valid report of a medical examination of the applicant given not more than two years before the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Subchapter B of Chapter III of Subtitle B of Title 49 of the Code of Federal Regulations.

(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.

(b) In accordance with all of the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:

(1) Class ~~A includes the following:~~ A, which includes all of the following:

(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.

(B) A vehicle towing more than one vehicle.

(D) The operation of all vehicles under class B and class C.

(2) Class ~~B includes the following:~~ B, which includes all of the following:

(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.

(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class ~~C includes the following:~~ C, which includes all of the following:

(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more ~~unladen~~ unladed when towing a trailer coach not exceeding 9,000 pounds gross.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle ~~may~~ shall not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more ~~unladen~~ unladed when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more ~~unladen~~ unladed when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.

The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for compensation.

(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.

(I) A motorized scooter.

(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.

(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.

(4) Class ~~M1. A~~ M1, which is a two-wheel motorcycle or a motor-driven cycle. ~~Authority~~ The authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.

(5) (A) Class ~~M2 includes~~ M2, which includes a motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.

(B) ~~Authority~~ The authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.

(c) A driver’s license or driver certificate is ~~not valid~~ invalid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued before the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence before that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the ~~department.~~ department by the applicant.

(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which the applicant ~~is applying.~~ submits their application. The certificate may be submitted to the department as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which the applicant ~~is applying.~~ submits their application.

(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which the applicant ~~is applying.~~ submits their application.

(g) The department may accept a certificate of satisfactory completion of a motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which the applicant ~~is applying.~~ submits their application. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” ~~means~~ means either of the following:

(1) 48 hours or less.

(2) A period that does not exceed 30 days for an operator who meets all of the following requirements:
(A) They are at least 18 years of age.
(B) They are wearing a properly fitted and fastened helmet that has been certified by the United States Department of Transportation.
(C) By the commencement of the period, they have submitted to a motor vehicle record verification check.

(i) A person under 21 years of age shall not be issued a class M1 or M2 license or endorsement unless the person provides evidence satisfactory to the department of completion of a novice motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(j) A driver of a vanpool vehicle may operate with a class C ~~license but shall~~ license, but they shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. ~~In order to be~~ To become eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that the driver has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.

SECTION 1.Section 2786.3 is added to the Business and Professions Code, to read:
2786.3.
If the board determines a school knowingly engaged in examination fraud, including, but not limited to, subverting, disseminating, or leaking examination questions, the board, after giving written notice to the school, shall remove the school from the approved list or deny approval of the school. The school shall be removed or denied approval for up to three years, to be determined by the board based the severity of the violation, at which time the school may apply for approval.
SEC. 2.Section 2881.2 is added to the Business and Professions Code, to read:
2881.2.
If the board determines a school knowingly engaged in examination fraud, including, but not limited to, subverting, disseminating, or leaking examination questions, the board, after giving written notice to the school, shall remove the school from the approved list or deny approval of the school. The school shall be removed from the list or denied approval for up to three years, to be determined by the board based on the severity of the violation, at which time the school may apply for approval.
SEC. 3.Section 4533 is added to the Business and Professions Code, to read:
4533.
If the board determines a school knowingly engaged in examination fraud, including, but not limited to, subverting, disseminating, or leaking examination questions, the board, after giving written notice to the school, shall remove the school from the approved list or deny approval of the school. The school shall be removed from the list or denied approval for up to three years, to be determined by the board based on the severity of the violation, at which time the school may apply for approval.