BILL NUMBER: SB 1114 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Torlakson
JANUARY 22, 2008
An act to amend Section 12814.6 of, and to add Section 12814.8 to,
the Vehicle Code, relating to vehicles, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1114, as introduced, Torlakson. Driver's education: provisional
licenses.
Existing law, the Brady-Jared Teen Driver Safety Act of 1997,
allows for the issuance of a driver's license to a person at least 16
years of age but under 18 years of age pursuant to the provisional
licensing program. Under the act, licensees are required to meet
specified requirements, driver education, and training, and are
prohibited during the first 12 months after issuance of a 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, except as
provided. The act further prohibits a law enforcement officer from
stopping a vehicle for the sole purpose of determining whether the
driver is in violation of those restrictions.
This bill would require the Department of Motor Vehicles to
collect an additional fee of $10 for each provisional license
application and for each duplicate license issued under these
provisions. The bill would create in the State Treasury the Young
Driver Education and Safety Fund and would further require that these
fees be deposited into that fund, a continuously appropriated fund,
to fund automobile driver's education and training in the public
schools under the direction of the Superintendent of Public
Instruction in consultation with the director.
The bill would create the Young Driver Education and Safety Fund
Advisory Group composed of 8 members, representing specified
organizations, who shall meet and held hearings at the request of the
Superintendent of Public Instruction and the director of the
department. The bill would require the Department of Motor Vehicles
and the State Department of Education to provide staffing for the
advisory group and would provide that members of the advisory group
are subject to the conflict-of-interest provisions of the Political
Reform Act of 1974.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California legislators were among the first in the nation to
enact a graduated driver's licensing system which took effect in
1998. Graduated licenses have clearly helped decrease fatalities and
injuries caused by teenage drivers.
(b) According to a study by the Johns Hopkins Bloomberg School of
Public Health, states with strong graduated driver's license laws
have reduced fatalities of 16-year-old drivers by 11 percent.
Significant reductions in fatalities have occurred in states such as
California that have a three-tiered driver's licensing system,
including passenger restrictions, nighttime restrictions, and longer
mandatory minimum permit holding periods.
(c) The Insurance Institute of Highway Safety in 2006 reported
that nighttime crash rates went down 27 percent for young drivers and
crash rates with teenage passengers decreased 38 percent.
(d) Nonetheless, motor vehicle crashes continue to be the leading
cause of death for teenage drivers between the ages of 15 and 20,
accounting for 12.6 percent of all fatal crashes according to
statistics compiled by the National Highway Traffic Safety
Administration.
(e) These crashes cost an estimated $40.8 billion in 2002. In
2005, 3,467 15- to 20-year-old drivers were killed and 281,000 were
injured in motor vehicle crashes.
(f) Though young drivers constitute less than 6 percent of
California's licensed drivers, they accounted for an average of 21
percent of California's traffic fatalities from 2002 to 2004,
inclusive, according to the California Strategic Highway Safety Plan.
This disproportionate fatality rate demonstrates the need for
California to improve how the state manages younger drivers.
(g) The California Strategic Highway Safety Plan stated that one
of the key issues for implementation is limited funding for drivers'
education and training in the public schools.
SEC. 2. 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 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 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 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 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 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
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, 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 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) (1) In addition to the fees required to be paid to the
department upon application for a driver's license or a duplicate
license pursuant to the provisional licensing program contained in
this section, the department shall charge and collect a fee of ten
dollars ($10) for the purpose of funding automobile driver's
education and training programs pursuant to subdivision (j) of
Section 51220 and Section 51851 of the Education Code.
(2) There is hereby created in the State Treasury the Young
Driver Education and Safety Fund. The fees collected pursuant to
paragraph (1) shall be deposited into this fund and are continuously
appropriated to the State Department of Education. The Superintendent
of Public Instruction, in consultation with the Director of the
Department of Motor Vehicles, shall expend moneys from this fund to
increase driver's education and training in the public schools.
(l)
(m) This section shall be known and may be
cited as the Brady-Jared Teen Driver Safety Act of 1997.
SEC. 3. Section 12814.8 is added to the Vehicle Code, to read:
12814.8. (a) The Director of the Department of Motor Vehicles
shall request the following entities to provide a representative to
serve as a member of the Young Driver Education and Safety Fund
Advisory Group, as follows:
(1) One representative of the Department of the California Highway
Patrol.
(2) One representative of the Automobile Club of Southern
California.
(3) One representative of the California State Automobile
Association.
(4) One representative of the American Insurance Association.
(b) The Superintendent of Public Instruction shall request the
following entities to provide a representative to serve as a member
of the Young Driver Education and Safety Fund Advisory Group, as
follows:
(1) One representative of the Driving School Association of
California.
(2) One representative of the California Teachers Association.
(3) One representative of the District Attorneys Association.
(4) One representative of the California Coalition of Law
Enforcement Associations.
(c) (1) Members of the advisory group shall, at the request of the
Superintendent of Public Instruction and the Director of the
Department of Motor Vehicles, meet and hold public hearings to
discuss ways to increase the availability of driver's education and
training in the public schools.
(2) Members shall serve without compensation but may be reimbursed
for actual and necessary expenses at the state per diem rate and for
reasonable travel expenses to attend meetings and hearings.
(3) Members shall be subject to the provisions of the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code) and shall file a Statement of Economic Interests
with the Fair Political Practices Commission.
(4) The department and the Superintendent of Public Instruction
shall provide the advisory group with the necessary facilities and
administrative support.
(d) Moneys required to implement this section shall be made
available by the Superintendent of Public Instruction from the Young
Driver Education and Safety Fund.