BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1952
                                                                  Page  1

          Date of Hearing:   April 12, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                 AB 1952 (Niello) - As Introduced:  February 17, 2010
           
          SUBJECT  :  Motor vehicle instruction permits:  motorcycles

          SUMMARY  :  Requires on-the-bike training for minors before they  
          can legally operate a motorcycle with an instruction permit.   
          Specifically,  this bill  :  

          1)Strikes provisions allowing a minor to operate a motorcycle  
            having only obtained an instruction permit.  

          2)Requires a minor, prior to being allowed to operate a  
            motorcycle, to obtain an instruction permit, complete both  
            driver education and driver training courses (or have a valid  
            driver's license), complete a motorcycle safety training  
            program, and obtain a motorcycle license or endorsement.  

           EXISTING LAW  :  

          3)Authorizes the Department of Motor Vehicles (DMV) to issue an  
            instruction permit to a mentally and physically qualified  
            person who is:  

             a)   Fifteen and a half years old and has successfully  
               completed an approved driver education course and a driver  
               training course;  

             b)   Fifteen and a half years old and has successfully  
               completed an approved driver education course and is taking  
               a driver training course;

             c)   Fifteen and a half years old and is enrolled and  
               participating in an integrated driver education and  
               training program;

             d)   Is over 16 years old and applying for a restricted  
               driver's license; or,

             e)   Is over 17 and a half years old.  

          4)Provides that an instruction permit entitles the applicant to  








                                                                  AB 1952
                                                                  Page  2

            operate a vehicle, with certain limitations.  

          5)Authorizes a person, 15 and half years old and who has  
            successfully completed approved courses in automobile  
            education and training, to operate a motorcycle having only an  
            instruction permit and only under certain conditions (such as,  
            during daylight hours, without a passenger (except a license  
            instructor), and not on a freeway).  

          6)Does not prohibit a minor, having received an instruction  
            permit, from operating a motorcycle prior to successfully  
            completing a motorcycle skills course.  

          7)Establishes a motorcyclist safety program within the  
            Department of the California Highway Patrol (CHP).  
          
           FISCAL EFFECT  :  Unknown but probably minor costs to DMV to  
          update the driver handbook.  
          
           COMMENTS  :  The author has introduced AB 1952 following the death  
          of a young constituent.  The young man had obtained his  
          instruction permit but had not yet taken the motorcycle safety  
          training course.  On the first day out with his new motorcycle,  
          he was killed in an accident in front of his house.  The author  
          has introduced this bill to change the motorcycle permitting and  
          licensure process to ensure minors cannot legally ride a  
          motorcycle without having taken the on-the-bike safety training  
          course.  

          A motorcycle requires more skill and coordination to operate  
          than a car, and provides little or no protection when involved  
          in a collision.  This additional training could potentially  
          reduce the risk of injuries and fatalities among minors.  
           
          The California Motorcycle Safety Program (CMSP) is a  
          motorcyclist-funded, state-operated program administered by the  
          Motorcycle Safety Foundation (MSF) under contract with the  
          California Highway Patrol (CHP).  The basic rider course is  
          designed for beginning riders and provides five hours of  
          classroom instruction and ten hours of practical riding  
          exercises in a controlled, off-street environment-typically, a  
          paved parking lot. Motorcycles and helmets are provided free of  
          charge during the course.  

          In the classroom, students learn about the different types of  








                                                                  AB 1952
                                                                  Page  3

          motorcycles, layout and operation of the basic controls, and how  
          to become a safer, more responsible rider.  They review  
          different types of safety gear worn for protection and comfort  
          and find out how alcohol and other drugs impair one's ability to  
          ride safely.  Following the classroom session, student rider's  
          start with straight-line riding, stopping, shifting, and turning  
          then gradually progress to swerving and emergency braking.  The  
          course concludes with a knowledge test and a riding skill  
          evaluation.  

          There are currently 129 locations throughout the state that  
          offer basic rider training courses through the CHP's motorcycle  
          safety training program.  The basic rider course costs between  
          $150 and $250.  

           REGISTERED SUPPORT / OPPOSITION :  

           Support 
           
          California Motorcycle Dealers Association
          Sawyer Cole
          Michael Kelleher

           Opposition 
           
          None on file
           

          Analysis Prepared by :   Janet Dawson / TRANS. / (916) 319-2093