BILL NUMBER: AB 1189 CHAPTERED 09/29/06 CHAPTER 711 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 24, 2006 PASSED THE SENATE AUGUST 22, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE JUNE 20, 2006 AMENDED IN ASSEMBLY MAY 27, 2005 AMENDED IN ASSEMBLY APRIL 4, 2005 INTRODUCED BY Assembly Member Bermudez FEBRUARY 22, 2005 An act to amend Section 2932 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1189, Bermudez Vehicles: motorcycles: motorcyclist safety training programs. Existing law authorizes the Commissioner of the California Highway Patrol, through contracts with other public agencies or with private entities, to provide financial or other support to projects aimed at enhancing motorcycle operation or safety, including rider training programs. This bill, additionally, would authorize the commissioner to provide financial or other support to projects aimed at enhancing both motorcycle operation and safety. The bill would authorize the commissioner, through contracts with other public agencies or with private entities, to adopt specified standards for a premier motorcyclist safety training program, and, on and after January 1, 2008, would prohibit the commissioner from imposing a maximum amount for course fees for courses provided under one of those programs. The bill would require motorcycle training safety courses offered under one of those programs to meet specified requirements, and would require all administrative costs of those programs to be paid for by the provider, and not by the state. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Motorcycle dealers, manufacturers, and others have spent a considerable amount of time and resources in developing rider training courses that meet or exceed the novice rider training course approved by the Commissioner of the California Highway Patrol and provide added value to novice motorcycle riders. (b) Upon the satisfactory completion of a commissioner approved novice rider training course, students are given a DL 389 waiver form that allows the students to obtain a class M1 or M2 driver's license from the Department of Motor Vehicles upon satisfactory completion of a written examination. (c) The purpose of issuing the DL 389 waiver form is to eliminate the need to have duplicative testing by the department of the competency of a person, who satisfactorily completed an approved novice rider training course, to operate a motorcycle. (d) Persons over the age of 21 years, who purchase motorcycles, are not required to take a motorcycle rider training course but should be encouraged to enroll in a rider training course meeting the standards established by the commissioner that best suits their needs before obtaining a license to operate a motorcycle on the state' s streets and highways. (e) The commissioner has developed a premier program that exceeds the standards for a novice rider training course in the recognition that novice motorcycle riders, especially adult riders, should have the ability to choose a rider training program that best meets their needs. (f) The commissioner has entered into a contract with a private entity pursuant to Section 2932 of the Vehicle Code to provide rider training courses, including a premier program that sets a maximum fee that may be charged for these courses. (g) Upon the expiration of the contract for the provision of the premier program, a private entity whether it is the master contractor or a subcontractor to the master contract should be free to establish the maximum amount of fee it may charge for a premier program. SEC. 2. Section 2932 of the Vehicle Code is amended to read: 2932. The commissioner may, through contracts with other public agencies or with private entities, do all of the following: (a) Provide financial or other support to projects aimed at enhancing motorcycle operation and safety, including, but not limited to, motorcyclist safety training programs. The motorcyclist safety training programs shall comply with criteria which the commissioner, in consultation with other state agencies and national motorcycle safety organizations, may adopt to provide validated motorcyclist safety training programs in the state. (b) Sponsor and coordinate efforts aimed at increasing motorists' awareness of motorcyclists. (c) Sponsor research into effective communication techniques to reach all highway users on matters of motorcyclist safety. (d) Establish an advisory committee of persons from other state and local agencies with an interest in motorcycle safety; persons from the motorcycle industry; motorcycle safety organizations; motorcycle enthusiast organizations; and others with an interest in motorcycle safety, to assist in the establishment of a comprehensive program of motorcycle safety. (e) Adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control, and setting forth a maximum amount for course fees for the novice rider training course specified in subdivisions (g) and (i) of Section 12804.9. (f) (1) Adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control, for a premier motorcyclist safety training program. Motorcycle safety training courses offered under a premier motorcyclist safety training program shall meet all of the following requirements: (A) Provide a core curriculum approved for the novice rider training course specified in subdivision (e). (B) Additional course requirements established by the commissioner. (2) On and after January 1, 2008, the commissioner shall not impose a maximum amount for course fees for courses provided under the premier motorcyclist safety training program. (3) All administrative costs of a premier motorcyclist safety training program shall be paid for by the provider, and none of the costs shall be paid for by the state.