BILL NUMBER: SB 33 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Simitian
(Principal coauthor: Assembly Member Garcia)
DECEMBER 4, 2006
An act to amend Sections 12810.3 and 23123 of, to amend, repeal,
and add Sections 12509 and 12814.6 of, and to add Section 23123.5 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 33, as introduced, Simitian. Vehicles: wireless telephones and
mobile service devices.
(1) Under existing law, motor vehicle operation is regulated and
drivers are required to follow many legal requirements or face
criminal sanctions. Existing law imposes additional requirements on
those persons operating motor vehicles pursuant to an instruction
permit, student license, or provisional license. Under existing law,
on and after July 1, 2008, it will be an infraction to drive a motor
vehicle while using a wireless telephone, unless that telephone is
designed and configured to allow hands-free listening and talking
operation, and is used in that manner while driving, except as
otherwise provided.
This bill, on and after July 1, 2008, would prohibit a person
possessing a valid instruction permit, student license, or
provisional license, from driving a motor vehicle while using a
wireless telephone or a mobile service device, as the bill would
define that term, including a handset equipped with a hands-free
device. The bill would provide that this prohibition does not apply
to a person using a wireless telephone or a mobile service device for
emergency purposes. By creating a new infraction, the bill would
impose a state-mandated local program.
The bill would prohibit a law enforcement officer from stopping a
vehicle for the sole purpose of determining whether the driver is
violating this prohibition, and would prohibit a violation point from
being given for a conviction of violating the prohibition.
(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.
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 12509 of the Vehicle Code, as amended by
Section 656 of Chapter 538 of the Statutes of 2006, 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 any 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 age 15 years and 6 months 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 age 15 years and 6 months 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 age 15 years and 6 months and enrolled and participating in
an integrated driver education and training program as provided in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
12814.6.
(4) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(5) Is over the age of 17 years and 6 months.
(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, 18 years of age or over
whose driving privilege is not on probation. Except as provided in
subdivision (e), 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 paragraphs (1) to (3), inclusive, of
subdivision (a), who is age 15 years and 6 months or older and who
has successfully completed approved courses in automobile education
and driver training as provided in paragraph (3) of subdivision (a)
of Section 12814.6, and a person, while having in his or her
immediate possession a valid permit issued pursuant to subdivision
(a), who is age 17 years and 6 months or older, may, in addition to
operating a motor vehicle pursuant to subdivision (d), also operate a
motorcycle, motorized scooter, or a motorized
bicycle, except that the person shall not operate a motorcycle,
motorized scooter, or a motorized bicycle during
hours of darkness, shall stay off any freeways
a freeway that have has full
control of access and no crossings at grade, and shall not carry
any a passenger except an instructor
licensed under Chapter 1 (commencing with Section 11100) of Division
5 of this code or a qualified instructor as
defined in Section 41907 of the Education Code.
(f) 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 a driver training instruction administered by
the California National Guard.
(g) 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.
(h) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
(i) This section shall remain in effect only until July 1, 2008,
and as of that date is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2008, deletes or extends that
date.
SEC. 2. Section 12509 is added to the Vehicle Code, 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 age 15 years and 6 months 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 age 15 years and 6 months 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 age 15 years and 6 months and enrolled and participating in
an integrated driver education and training program as provided in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
12814.6.
(4) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(5) Is over the age of 17 years and 6 months.
(b) The applicant shall qualify for, and be issued, an instruction
permit within 12 months from the date of the application.
(c) (1) 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.
(2) As prohibited in Section 23123.5, a person possessing a valid
instruction permit issued pursuant to subdivision (a) of this section
shall not drive a motor vehicle while using a wireless telephone or
other mobile service device, including a handset equipped with a
hands-free device, except as otherwise provided by Section 23123.5.
(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
motorized bicycle, when accompanied by, and under the immediate
supervision of, a California licensed driver with a valid license of
the appropriate class, 18 years of age or over whose driving
privilege is not on probation. Except as provided in subdivision (e),
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 paragraphs (1) to (3), inclusive, of
subdivision (a), who is age 15 years and 6 months or older and who
has successfully completed approved courses in automobile education
and driver training as provided in paragraph (3) of subdivision (a)
of Section 12814.6, and a person, while having in his or her
immediate possession a valid permit issued pursuant to subdivision
(a), who is age 17 years and 6 months or older, may, in addition to
operating a motor vehicle pursuant to subdivision (d), also operate a
motorcycle, motorized scooter, or motorized bicycle, except that the
person shall not operate a motorcycle, motorized scooter, or
motorized bicycle during hours of darkness, shall stay off a freeway
that has full control of access and no crossings at grade, and shall
not carry a passenger except an instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5 or a qualified
instructor as defined in Section 41907 of the Education Code.
(f) 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 motorized bicycle, when taking a
driver training instruction administered by the California National
Guard.
(g) 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.
(h) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
(i) This section shall become operative on July 1, 2008.
SEC. 3. Section 12810.3 of the Vehicle Code, as added by Section 3
of Chapter 290 of the Statutes of 2006, is amended to read:
12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123.
(b) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123.5.
(c) The section shall become operative on
July 1, 2008.
SEC. 4. 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 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 shall 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 that 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, or 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 shall 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 may 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) (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.
(e) A conviction of paragraph (1)of subdivision (b), when reported
to the department, may shall not be
disclosed as otherwise specified in Section 1808 or constitute a
violation point count value pursuant to Section 12810.
(f) 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 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 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 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
that , if resulting in conviction, is reportable to the
department under Section 1803.
(B) The person shall remain free from accident responsibility.
(g) Whenever action by the department under subdivision (f) 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.
(h) The department shall require a person whose driving privilege
is suspended or revoked pursuant to subdivision (f) 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.
(i) (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 drivers' 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 drivers'
driver's licenses are adopted pursuant to this
subdivision, those changes may be implemented under any new contract
for the production of drivers' licenses entered into after the
adoption of those changes.
(j) 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.
(k) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.
(l) This section shall remain in effect only until July 1, 2008,
and as of that date is repealed, unless a later enacted statute, that
becomes operative on or before July 1, 2008, deletes or extends that
date.
SEC. 5. Section 12814.6 is added to the Vehicle Code, 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 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 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 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 shall 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, that 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, or 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 shall 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.
(3) As prohibited in Section 23123.5, a person possessing a valid
provisional license issued pursuant to this section shall not drive a
motor vehicle while using a wireless telephone or other mobile
service device, including a handset equipped with a hands-free
device, except as otherwise provided by Section 23123.5.
(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) (1) Upon a finding that 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.
(e) A conviction of paragraph (1) of subdivision (b), when
reported to the department, shall not be disclosed as otherwise
specified in Section 1808 or constitute a violation point count value
pursuant to Section 12810.
(f) 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 the record of
the person shows one or more notifications issued pursuant to Section
40509 or 40509.5. The suspension shall continue until a notification
issued pursuant to Section 40509 or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when 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 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 that, if resulting in
conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(g) Whenever action by the department under subdivision (f) 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.
(h) The department shall require a person whose driving privilege
is suspended or revoked pursuant to subdivision (f) 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.
(i) (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 drivers' 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 new contract for the production of drivers'
licenses entered into after the adoption of those changes.
(j) 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.
(k) This section shall be known, and may be cited, as the
Brady-Jared Teen Driver Safety Act of 1997.
(l) This section shall become operative on July 1, 2008.
SEC. 6. Section 23123 of the Vehicle Code, as added by Section 4
of Chapter 290 of the Statutes of 2006, is amended to read:
23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
(b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, a violation of this section is an infraction
punishable by a base fine of twenty dollars ($20) for a first offense
and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
(B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor
vehicle on private property.
(h) This section does not apply to a person possessing a
valid instruction permit issued pursuant to Section 12509, a valid
student license issued pursuant to Section 12651 or 12660, or a valid
provisional license issued pursuant to Section 12814.6, that is
subject to Section 23123.5.
(i) This section shall become operative on
July 1, 2008, and shall remain in effect only until July 1, 2011,
and, as of July 1, 2011, is repealed.
SEC. 7. Section 23123 of the Vehicle Code, as added by Section 5
of Chapter 290 of the Statutes of 2006, is amended to read:
23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
(b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, a violation of this sections
section is an infraction punishable by a base fine of
twenty dollars ($20) for a first offense and fifty dollars ($50) for
each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor
vehicle on private property.
(g) This section does not apply to a person
possessing a valid instruction permit issued pursuant to Section
12509, a valid student license issued pursuant to Section 12651 or
12660, or a valid provisional license issued pursuant to Section
12814.6, that is subject to Section 23123.5.
(h) This section shall become operative on
July 1, 2011.
SEC. 8. Section 23123.5 is added to the Vehicle Code, to read:
23123.5. (a) A person possessing a valid instruction permit
issued pursuant to Section 12509, a valid student license issued
pursuant to Section 12651 or 12660, or a valid provisional license
issued pursuant to Section 12814.6, shall not drive a motor vehicle
while using a wireless telephone or a mobile service device,
including a handset equipped with a hands-free device.
(b) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
services agency or entity.
(c) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating this
section.
(d) For the purposes of this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging
device.
(e) This section shall become operative on July 1, 2008.
SEC. 9. 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.