BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1952| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 1952 Page 2 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. CONTINUED AB 1952 Page 3 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 CONTINUED AB 1952 Page 4 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 **** END **** CONTINUED