BILL NUMBER: AB 1952	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Niello and John A. Perez

                        FEBRUARY 17, 2010

   An act to amend Section 12509 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1952, as introduced, Niello. Vehicles: instruction permit:
motorcycle.
   Existing law prohibits a person from driving a motorcycle,
motor-driven cycle, or motorized bicycle upon a highway, unless the
person holds a valid driver's license or endorsement for that class,
with certain exceptions. Existing law allows a person, who is 15
years and 6 months or older, with a valid instruction permit and
successful completion of automobile driver education and driver
training, and a person who is 17 years and 6 months or older, with a
valid instruction permit, to operate a motorcycle, motorized scooter,
or motorized bicycle, with certain exceptions during hours of
darkness, on freeways, and for carrying a passenger. Existing law
provides that a person under 21 years of age may not be issued a
class M1 or M2 license or endorsement, unless he or she provides
evidence satisfactory to the Department of Motor Vehicles of
completion of a specified motorcycle safety training program.
   The bill would instead prohibit any person under 21 years of age
from operating a motorcycle, motorized scooter, or a motorized
bicycle unless he or she has a valid instruction permit and has
successfully completed approved courses in automobile driver
education and driver training, or has a valid driver's license, and
has successfully completed a specified motorcycle safety training
program and obtained an M1 or M2 license or endorsement.
   Because, under existing law, a violation of the Vehicle Code is a
crime, this bill would impose a state-mandated local program by
creating new crimes.
   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 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  automobile  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   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 that have full control of access and no crossings at grade,
and shall not carry any 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.  
   (e) A person, under 21 years of age shall not operate a
motorcycle, motorized scooter, or a motorized bicycle unless he or
she has a valid permit issued pursuant to subdivision (a) 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, or has a valid driver's license,
and has successfully completed a motorcycle safety training program
that is operated pursuant to Article 2 (commencing with Section 2930)
of Chapter 5 of Division 2 and obtained an M1 or M2 license or
endorsement pursuant to Section 12804.9. 
   (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.
  SEC. 2.  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.