Bill Text: CA SB627 | 2011-2012 | Regular Session | Enrolled
Bill Title: Vehicles: driving schools and traffic violator schools:
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2012-02-02 - Consideration of Governor's veto stricken from file. [SB627 Detail]
Download: California-2011-SB627-Enrolled.html
BILL NUMBER: SB 627 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 23, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Walters
FEBRUARY 18, 2011
An act to amend Sections 11105, 11105.1, 11204, and 11207 of the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 627, Walters. Vehicles: driving schools and traffic violator
schools: licensees.
Existing law requires the Department of Motor Vehicles to issue or
renew a license certificate for a driving school owner or operator,
a driving school instructor or all-terrain vehicle safety instructor,
a traffic violator school owner or traffic violator school operator,
or a traffic violator school instructor if specified criteria are
met.
This bill would require the department to approve or disapprove an
application for renewal within 30 days of receipt of an application,
provided the application includes all required information, as
determined by the department.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11105 of the Vehicle Code is amended to read:
11105. (a) The department shall issue a license certificate to
each driving school owner and to each driving school operator when it
is satisfied that the owner has met the qualifications required
under this chapter. The license shall be for a period of one year
from midnight of the last day of the month of issuance unless
canceled, suspended, or revoked by the department.
(b) The license shall be renewed annually. The department shall
require all of the following for the renewal of the license:
(1) Compliance with the provisions of Sections 11102 and 11105.2
for renewal of a driving school owner's license or Section 11102.5,
except paragraph (2) of subdivision (a) of Section 11102.5, for
renewal of a driving school operator's license.
(2) Satisfactory completion of an examination as provided in
Section 11102.5 at least once during each succeeding three-year
period after the initial issuance of a license certificate.
In lieu of any examination for renewal of the license, the
department may accept submission by the licensee of evidence of
continuing professional education. Professional education, as used in
this subdivision, means satisfactory completion of courses related
to traffic safety, teaching techniques, or the teaching of driver
instruction acceptable to the department or participation in
professional seminars approved by the department.
(c) The department may issue a probationary license and
certificate subject to conditions to be observed by the licensee in
the exercise of the privilege granted. The conditions to be attached
to the exercise of the privilege shall not appear on the face of the
license or certificate but shall be such as may, in the judgment of
the department, be in the public interest and suitable to the
qualifications of the applicant as disclosed by the application and
investigation by the department of the information contained therein.
(d) Upon notification of death of a driving school licensee the
department may issue a certificate of convenience to the executor,
executrix, administrator or administratrix of the estate of a
deceased holder of a validly outstanding certificate to conduct a
driving school, or if no executor, executrix, administrator or
administratrix has been appointed, and until a certified copy of an
order making such appointment is filed with the department, to the
surviving spouse or other heir otherwise entitled to conduct the
business of the deceased, permitting such person to conduct the
driving school for a period of one year from and after the date of
death, and necessary one-year renewals thereafter pending, but not
later than, disposal of the business and qualification of the vendee
of the business or such surviving spouse or heir for a license
certificate to conduct a driving school under the provisions of this
division. The department may restrict or condition the certificate
and attach to the exercise of the privilege thereunder such terms and
conditions as in its judgment the protection of the public requires.
(e) The department shall not issue or renew a license certificate
unless it determines that the driving school owner has complied with
Section 11103.2.
(f) The department shall approve or disapprove an application for
renewal within 30 days of receipt of an application, provided the
application includes all required information, as determined by the
department.
SEC. 2. Section 11105.1 of the Vehicle Code is amended to read:
11105.1. (a) The department shall issue a license certificate to
each driving school instructor and to each all-terrain vehicle safety
instructor when it is satisfied that the person has met the
qualifications required under this chapter. The original instructor's
license and any instructor's license renewed pursuant to
subdivisions (b) and (c) is valid for three years from the date
issued unless canceled, suspended, or revoked by the department.
(b) A licensee may apply for the renewal of an instructor's
license prior to the expiration date of the license. In no event
shall an instructor renew the license after the date of expiration.
(c) The department shall require all of the following for the
renewal of the instructor's license:
(1) Compliance with Section 11104, except subdivision (c) thereof,
for a driving school instructor, or compliance with Section 11104.3,
except paragraph (3) of subdivision (a) thereof, for an all-terrain
vehicle safety instructor, and, for either, compliance with Section
11105.2.
(2) Satisfactory completion of an examination as provided in
Section 11104 or 11104.3, as applicable, at least once during each
succeeding three-year period after the initial issuance of an
instructor license certificate.
In lieu of any examination for renewal of the license, the
department may accept submission by the licensee of evidence of
continuing professional education as defined in paragraph (2) of
subdivision (b) of Section 11105.
(d) The department may issue a probationary instructor's license
and certificate subject to conditions to be observed by the licensee
in the exercise of the privilege granted. The conditions to be
attached to the exercise of the privilege shall not appear on the
face of the license or certificate, but shall be such as may, in the
judgment of the department, be in the public interest and suitable to
the qualifications of the applicant as disclosed by the application
and investigation by the department of the information contained
therein.
(e) The department shall approve or disapprove an application for
renewal within 30 days of receipt of an application, provided the
application includes all required information, as determined by the
department.
SEC. 3. Section 11204 of the Vehicle Code is amended to read:
11204. (a) The department shall issue a license certificate to
each traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter. The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department. The license shall
be renewed annually. The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner. The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
(b) (1) In lieu of the examination required by Section 11202.5 for
renewal of the license of a traffic violator school operator, the
department may accept submission of evidence by the licensee of
continuing professional education.
(2) "Professional education," as used in paragraph (1), means the
satisfactory completion of courses acceptable to the department
related to traffic safety, teaching techniques, or the teaching of
driver instruction, or the participation in professional seminars
approved by the department.
(c) Whenever in its judgment the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the conduct of the
traffic violator school. The conditions to be attached to the license
shall be any that may, in the judgment of the department, be in the
public interest and suitable to the qualifications of the applicant
as disclosed by the application and investigation by the department
of the information contained therein. The conditions may not appear
on the license certificate.
(d) Upon notification of the death of a traffic violator school
licensee, the department may issue a temporary license to the
executor or administrator of the estate of a deceased holder of a
validly outstanding license to conduct a traffic violator school, or
if no executor or administrator has been appointed and until a
certified copy of an order making an appointment is filed with the
department, a temporary license may be issued to the surviving spouse
or other heir entitled to conduct the business of the deceased. The
temporary license shall permit the holder to conduct the traffic
violator school for a period of one year from and after the date of
the original licensee's death, and necessary one-year extensions may
be granted to permit disposal of the business and qualification for a
license of a purchaser of the business or the surviving spouse or
heir. The department may restrict or condition a temporary license
and attach to the exercise of the privilege thereunder any terms and
conditions that in the department's judgment are required for the
protection of the public.
(e) The department shall approve or disapprove an application for
renewal within 30 days of receipt of an application, provided the
application includes all required information, as determined by the
department.
SEC. 4. Section 11207 of the Vehicle Code is amended to read:
11207. (a) The department shall issue a license certificate to
each traffic violator school instructor when it is satisfied that he
or she has met the qualifications required under this chapter. The
original instructor license and any license renewed pursuant to
subdivisions (b) and (c) shall be valid for a period of three years
from the date of issuance unless canceled, suspended, or revoked by
the department.
(b) Every application for the renewal of a traffic violator school
instructor license may be made by the licensee prior to the
expiration date of the license by presenting to the department a
completed application on a form provided by the department. In no
event shall a traffic violator school instructor renew the license
after the date of expiration.
(c) The department shall require all of the following for the
renewal of an instructor's license:
(1) Compliance with Section 11206, except subdivision (c) thereof.
(2) Satisfactory completion of an examination as provided in
Section 11206 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
education.
(d) When, in its judgment, the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the exercise of the
privilege granted. The conditions to be attached to the license shall
be such as may, in the judgment of the department, be in the public
interest and suitable to the qualifications of the applicant, as
disclosed by the application and investigation by the department of
the information contained therein.
(e) The department shall approve or disapprove an application for
renewal within 30 days of receipt of an application, provided the
application includes all required information, as determined by the
department.
