BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1952|
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                                 THIRD READING


          Bill No:  AB 1952
          Author:   Niello (R)
          Amended:  8/5/10 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE :  9-0, 6/29/10
          AYES:  Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,  
            Pavley, Simitian, Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 4/29/10 (Consent) - See last page  
            for vote


           SUBJECT  :    Motorcycle permits

           SOURCE  :     Author


           DIGEST  :    This bill requires persons under the age of 21  
          to complete a motorcyclist safety program prior to  
          obtaining an instruction permit to operate a two-wheel  
          motorcycle, motor-driven cycle, motorized scooter,  
          motorized bicycle, moped, or bicycle with an attached  
          motor, and requires that the permittee hold the instruction  
          permit for a minimum of six months prior to obtaining a  
          motorcycle license.

           ANALYSIS  :    Existing law prohibits a person from driving a  
          motor vehicle upon the highway unless he/she holds a valid  
          driver's license appropriate for the class of vehicle  
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          he/she is operating.

          A two-wheel motorcycle, motor-driven cycle, motorized  
          scooter, motorized bicycle, moped, and bicycle with an  
          attached motor are considered class M1 and M2 vehicles.  To  
          operate these vehicles upon the highway, a person needs an  
          M1 or M2 license or, if the person already has a driver's  
          license, an endorsement on that license.  

          According to existing law, a person may obtain an M1 or M2  
          license by passing vision, written, and drive tests  
          administered by the Department of Motor Vehicles (DMV).  If  
          a person is under the age of 21, a person must also  
          complete an approved motorcyclist safety training course.   
          DMV may accept a certificate of competence from an approved  
          motorcyclist safety training program in lieu of  
          administering the drive test for M1 license applications. 

          Prior to obtaining a license for any class of vehicle,  
          existing law requires persons 15 years and six months of  
          age or older but younger than 17 years and six months to  
          hold an instruction permit for at least 6 months.  It does  
          not require a person 18 years of age or older to hold an  
          instruction permit prior to obtaining a license of any  
          class, but it does allow DMV to issue an instruction permit  
          to a person for the operation of any vehicle, including a  
          motorcycle, which DMV does in most cases unless the person  
          is able to schedule the drive test for the same day that  
          he/she applies for the license.  

          Applicants for a motorcycle permit must meet either of the  
          following criteria: 

           Be age 15 years and six months or older, have completed  
            driver education and training, and have passed a written  
            test administered by DMV.

           Be age 17 years and six months or older and have passed a  
            written test administered by DMV.

          Persons operating a motorcycle using an instruction permit  
          may not transport passengers, ride during hours of  
          darkness, or ride on freeways.
                      

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          This bill:

          1. Makes DMV's authority to issue instruction permits to  
             operate a two-wheel motorcycle, motor-driven cycle,  
             motorized scooter, motorized bicycle, moped, or bicycle  
             with an attached motor explicit.  

          2. Requires persons under the age of 21 to successfully  
             complete the motorcyclist safety program prior to  
             obtaining an instruction permit.

          3. Provides that a person under the age of 21 must have an  
             instruction permit for a minimum of six months prior to  
             obtaining an M1 or M2 motorcycle license.

          4. Specifies that an instruction permit is valid for a  
             period not exceeding 24 months from the date of  
             application.

          5. Contains double-jointing language to AB 2464 (Huffman).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT :   (Verified  8/3/10)

          Automobile Club of Southern California
          California State Automobile Association


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          this bill closes a dangerous loophole that allows minors as  
          young as 15-1/2 years old operate motorcycles before they  
          have received hands-on safety training.  Under current law,  
          minors are required to undergo comprehensive safety  
          training before receiving a license; however, they are  
          permitted to ride unaccompanied as soon as they receive  
          permits from the DMV.  This bill requires that young riders  
          complete their training prior to receiving their  
          instruction permit to ensure that they have some training  
          prior to operating their motorcycles on the public streets.  
           

          The impetus for this bill was a tragic event that occurred  

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          in Assembly Member Niello's district.  Jared Cole, only 18  
          years old, was killed less than an hour after purchasing  
          his first motorcycle and passing a written test at DMV.   
          While he had obtained his permit, Jared had not completed  
          any motorcycle training.  This bill will ensure that young  
          riders like Jared are equipped with essential safety  
          training before they are allowed on the road.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Tran, Villines,  
            Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Caballero, Jones, Bonnie  
            Lowenthal, Torrico, Vacancy


          JJA:mw  8/5/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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