BILL NUMBER: AB 1888 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gatto
FEBRUARY 22, 2012
An act to amend Sections 1803.5, 1808.7, 11100, 12810.5, 42005,
42007, and 42007.1 of, to amend and repeal Section 41501 of, and to
add Chapter 1.6 (commencing with Sections 11250) to Division 5 of,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1888, as introduced, Gatto. Vehicles: commercial driver
violator schools.
(1) Existing law provides for the licensing and administration by
the Department of Motor Vehicles of traffic violator schools,
operators, and instructors. Existing law authorizes the court, after
a deposit of bail and bail forfeiture, a plea of guilty or no
contest, or a conviction, to order a continuance of the proceeding
against a person who receives a notice to appear in court for a
violation of a statute relating to safe operation of a vehicle, in
consideration for completion of a program at a licensed school for
traffic violators. The court is authorized to order that the
conviction be held confidential, unless the person holds a commercial
driver's license or the violation occurred in a commercial vehicle.
The court is prohibited from ordering or permitting a person who
holds a class A, class B, or commercial class C driver's license to
complete a licensed traffic violator school. Existing law requires
that no violation point count be assessed if the record of conviction
is confidential. A violation of the Vehicle Code is a crime.
This bill would allow the court, after a deposit of a specified
fee or bail, a plea of guilty or no contest, or a conviction, to
order or permit a person who holds a class A license, class B
license, or commercial class C driver's license to attend a
commercial driver violator school. The bill would specify procedures
for the confidentiality of the record of conviction. The bill would
prohibit the point count for the violation from being added to the
driver's record if the driver is licensed with a class A license,
class B license, or commercial class C driver's license and is
allowed to, and completes, a course of instruction at a licensed
commercial driver violator school. The bill would require the
department to add the violation point if the driver incurs a point
violation within 12 months after the date the driver completes the
course of instruction at a commercial driver violator school.
This bill would authorize the department to license commercial
driver violator schools for commercial drivers holding a class A,
class B, or commercial driver's class C license and to provide
commercial driver safety instruction to other persons holding those
licenses who elect to attend. The bill would specify procedures for
the department's licensing of commercial driver violator school
owners and commercial driver violator school operators. The
department would also be authorized to issue a license certificate to
commercial driver violator school instructors who meet specified
requirements, including having specified experience in law
enforcement or commercial enforcement or training and satisfactory
completion of an examination, as provided. The bill would require the
department to provide a list of licensed commercial driver violator
schools on its Internet Web site. The bill would authorize a traffic
assistance program to also provide services, under contract with a
court, to process commercial violators and would allow the department
to use a traffic assistance program for monitoring of licensed
commercial driver violator schools.
The bill would require the department to charge a fee, to be
determined by the department, for certain commercial driver violator
school program activities and would require a single administrative
fee to be assessed against, and collected by the court from, each
driver who is allowed or ordered to attend commercial driver violator
school to defray the cost of routine monitoring of commercial driver
violator school instruction.
The bill would also require the clerk of the court to collect a
specified fee from persons ordered or permitted to attend commercial
driver violator school in the same manner as those persons ordered or
permitted to attend traffic school.
Since a violation of the bill's requirements would be a crime, the
bill would impose a state-mandated local program.
(2) 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 1803.5 of the Vehicle Code, as added by Section
1.7 of Chapter 599 of the Statutes of 2010, is amended to read:
1803.5. (a) In accordance with Section 41501 or subdivision
(a) of Section 42005, the clerk of a court or hearing
officer, when if a person who receives a notice
to appear at a court or board proceeding for a violation of any
statute relating to the safe operation of vehicles is granted a
continuance of the proceeding in consideration for completion of a
program at a school for traffic violators, that results in a
designation of the conviction as confidential in consideration for
that completion, the clerk of a court or a hearing officer
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
(b) Except as required by Title 49 of
the Code of Federal Regulations, if a person holding a
class A, class B, or commercial class C driver's license who receives
a notice to appear at a court or board proceeding for a violation of
any statute relating to the safe operation of vehicles is granted a
continuance of the proceeding in consideration for completion of a
course of instruction at a licensed commercial driver violator
school, that results in a designation of the conviction as
confidential in consideration for that completion in accordance with
Section 41501 or subdivision (b) of Section 42005, the clerk of a
court or a hearing officer shall prepare an abstract of the record of
the court or board proceeding that indicates that the person was
convicted of the violation and ordered to complete a course of
instruction at a commercial driver violator school, certify the
abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramen to
within five days after receiving proof that the program was completed
or the due date to which the proceeding was continued,
whichever comes first.
SEC. 2. Section 1808.7 of the Vehicle Code, as added by Section
2.5 of Chapter 599 of the Statutes of 2010, is amended to read:
1808.7. (a) The record of the department relating to the first
proceeding and conviction under subdivision (a) of Section
1803.5 in any 18-month period for completion of a traffic violator
school program is confidential, shall not be disclosed to any person,
except a court and as provided for in subdivision (b), and shall be
used only for statistical purposes by the department. No
A violation point count shall not be
assessed pursuant to Section 12810 if the conviction is confidential
pursuant to this subdivision .
(b) The Except as provided in subdivision
(c), the record of a conviction described in subdivision (a)
shall not be confidential if any of the following circumstances
applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
(c) Notwithstanding subdivisions (a) and (b), the record of the
department relating to the first proceeding and conviction under
subdivision (b) of Section 1803.5 for a driver licensed with a class
A license, class B license, or commercial class C driver's license in
any 12-month period who is allowed, for a violation, to complete the
course of instruction at a commercial driver violator school
licensed pursuant to Chapter 1.6 (commencing with Section 11250) of
Division 5, shall only be disclosed for purposes of Title 49 of the
Code of Federal Regulations and shall not otherwise be disclosed to
any person, except a court. The violation point count shall be
assessed only as provided in paragraph (3) of subdivision (b) of
Section 12810.
SEC. 3. Section 11100 of the Vehicle Code is amended to read:
11100. (a) No A person shall
not own or operate a driving school or give driving instruction
for compensation, unless a license therefor has been secured from
the department.
(b) This section does not apply to the ownership or operation of
any school, or the giving of instruction, for the driving of
motortrucks of three or more axles which that
are more than 6,000 pounds unladen weight.
(c) This chapter does not apply to commercial driver violator
school owners or operators or commercial driver violator school
instructors, who are subject to Chapter 1.6 (commencing with Section
11250).
SEC. 4. Chapter 1.6 (commencing with Section 11250) is added to
Division 5 of the Vehicle Code, to read:
CHAPTER 1.6. COMMERCIAL DRIVER VIOLATOR SCHOOLS
11250. For purposes of this chapter, the following definitions
shall apply:
(a) "Commercial driver violator school" is a business that, for
compensation, provides, or offers to provide, instruction in
commercial driver safety, including, but not limited to, classroom
commercial driver violator curricula, for persons referred by a court
pursuant to subdivision (b) of Section 42005 or to other persons who
elect to attend.
(b) "Commercial driver violator school branch or classroom
location" is any place where a commercial driver violator school
conducts instruction or maintains records.
(c) "Commercial driver violator school instructor" is any person
who provides instruction to commercial driver violators on behalf of
a commercial driver violator school.
(d) "Commercial driver violator school operator" is the person who
directs and manages the operations of a commercial driver violator
school. A "commercial driver violator school operator" may also be
either the commercial driver violator school owner or another person
designated by the commercial driver violator school owner to
personally direct and manage the commercial driver violator school
for the commercial driver violator school owner.
(e) "Commercial driver violator school owner" is any natural
person, association, or corporation that owns a commercial driver
violator school.
(f) "TAP" means a traffic assistance program, as specified in
Section 11205.2, that agrees to provide services to court to process
commercial driver violators, under contract with a court, or to
assist in oversight activities pursuant to this chapter, under
contract with the department, as specified in Section 11257.
11251. (a) The department shall license commercial violator
schools for commercial drivers holding a class A, class B, or
commercial class C driver's license, for purposes of Section 41501.5
or 42005, and to provide commercial driver safety instruction to
other persons holding a class A, class B, or commercial class C
driver's license who elect to attend. A person may not own or operate
a commercial driver violator school or, except as provided in
Section 11254, give instruction for compensation in a commercial
driver violator school without a currently valid license issued by
the department.
(b) A person who elects to attend a commercial driver violator
school shall receive from the school and shall sign a copy of the
following consumer disclosure statement prior to the payment of the
school fee and attending the school:
"Course content is limited to commercial driver violator curricula
approved by the Department of Motor Vehicles. Students in the
classroom include holders of class A, class B, and commercial class C
driver's licenses and those commercial drivers who have and those
who have not been referred by a court. Instructor training, business
regulatory standards, and Vehicle Code requirements of commercial
driver violator schools are not equal to the training, standards, and
Vehicle Code requirements of licensed driving schools."
11252. (a) Except as provided in subdivision (c), a commercial
driver violator school owner shall meet all of the following criteria
before the department may issue a license for the commercial driver
violator school:
(1) Maintain an established place of business in this state that
is open to the public. An office or place of business of a commercial
driver violator school, including any commercial driver violator
school branch or classroom location, shall not be situated within 500
feet of any court of law.
(2) Conform to the standards in the regulations adopted by the
department pursuant to this section and paragraph (6) of subdivision
(a) of Section 11253. In adopting the regulations, the department
shall consider those practices and instructional programs that may
reasonably foster the knowledge, skills, and judgment necessary for
compliance with commercial driver laws. The standards may include,
but are not limited to, school personnel, equipment, curriculum,
procedures for the testing and evaluation of students, recordkeeping,
and business practices.
(3) Procure and file with the department a bond of two thousand
dollars ($2,000) executed by an admitted surety and conditioned upon
the applicant not practicing any fraud or making any fraudulent
representation which will cause a monetary loss to a person taking
instruction from the applicant or to the state or to any local
authority.
(4) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in an action commenced
against the applicant arising out of a claim for damages suffered by
any person by the applicant's violation of any provision of this code
committed in relation to the specifications of the applicant's
commercial driver violator school or any condition of the bond
required by paragraph (3).
(B) The applicant shall stipulate in the instrument that any
process directed to the applicant, when personal service cannot be
made in this state after due diligence, may be served instead upon
the director or, in the director's absence from the department's
principal offices, upon any employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or any condition of the bond.
(C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
(D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of service
of the copy of the summons and complaint, or shall be included with
a summons and complaint served by mail.
(E) The service on the director or department employee pursuant
to this paragraph is sufficient service on the licensee if a notice
of the service and a copy of the summons and complaint is, on the
same day as the service or mailing of the summons and complaint, sent
by registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed by
the plaintiff or plaintiffs attorney to the surety on the licensee's
bond at the address of the surety given in the bond, postpaid and
registered with request for return receipt.
(F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
(G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
(5) Meet the requirements of Section 11253, relating to commercial
driver violator school operators, if the owner is also the operator
of the commercial driver violator school. If the owner is not the
operator of the commercial driver violator school, the owner shall
designate an operator who shall meet the requirements of Section
11253.
(6) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101, et seq.) and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
(b) The qualifying requirements specified in subdivision (a)
shall be met within one year from the date of application for a
license, or a new application and fee is required.
(c) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
(d) A notice approved by the department shall be posted in every
commercial driver violator school, branch, and classroom location
stating that any person involved in the offering of, or soliciting
for, a completion certificate for attendance at a commercial driver
violator school program in which the person does not attend or does
not complete the minimum amount of instruction time provided by
subdivision (a) may be guilty of violating Section 134 of the Penal
Code.
11253. (a) The department shall license commercial driver
violator school operators. A person shall not act as a commercial
driver violator school operator without a currently valid license
issued by the department. In order to qualify as a commercial driver
violator school operator, a person shall meet all of the following
criteria in order to be issued an operator's license:
(1) Have not committed any act which, if the applicant were
licensed as an operator, would be grounds for suspension or
revocation of the license.
(2) Within three attempts, pass an examination that the
department requires on commercial driver laws, safe driving
practices, teaching methods and techniques, regulations, and office
procedures and recordkeeping.
(3) Be 21 years of age or older.
(4) Have provided not less than 300 hours of actual in-class
instruction in one of the following manners:
(A) Providing instruction at an established driving school
licensed under Chapter 1 (commencing with Section 11100).
(B) Providing instruction for an established commercial driving
training and education program operated by a labor organization,
trucking company, motor carrier association, or law enforcement
agency.
(C) Providing instruction as an instructor in a licensed
commercial driver training program.
(5) Have a classroom or classrooms approved by the department and
the proper equipment necessary for giving instruction to commercial
driver violators.
(6) Have a lesson plan approved by the department that provides
not less than the minimum instructional time of 16 hours specified in
the plan. An approved lesson plan shall provide a minimum of 960
minutes of instruction and provide the following subject areas with
the following minimum instruction:
(A) Welcome and Course Overview for 1 hour.
(B) Speed Laws and Collisions for 1.5 hour.
(C) Defensive Driving Skills for 1.5 hour.
(D) Vehicle Condition/Pretrip Inspections for 2 hours.
(E) Alcohol and Drugs for 1 hour.
(F) Hazardous Materials Transportation for 1 hour.
(G) Hours of Service for 3 hours.
(H) Cargo Securement for 1 hour.
(I) Driver's License Requirements for 1 hour.
(J) Commercial Driver's License Suspensions and Sanctions for 1
hour.
(K) Consequences of Noncompliance for 0.5 hour.
(L) Written Examination for 1 hour.
(M) Review Exam/Closing Comments for 0.5 hour.
(b) All of the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the required fee.
11254. (a) The department shall license commercial driver
violator school instructors. Except as provided by this section, a
person shall not act as a commercial driver violator school
instructor without a currently valid instructor's license issued by
the department. An applicant for a license as a commercial driver
violator school instructor shall meet all of the following
requirements before the department may issue an instructor's license:
(1) Have a high school education.
(2) Within three attempts, pass an examination, as required by the
department, on commercial driving commercial driver laws, safe
driving practices, operation of motor vehicles, and teaching methods
and techniques.
(3) Hold a currently valid California driver's license that is not
subject to probation pursuant to Section 14250 due to the applicant
being a negligent operator within the meaning of Section 12810 or
12810.5. The applicant's driving record shall not have any
outstanding notice for violating a written promise to appear in court
or for willfully failing to pay a lawfully imposed fine, as provided
in Section 40509.
(4) Be 18 years of age or older.
(5) Meet one of the following requirements:
(A) No less than five years experience in commercial enforcement
or training with the state or a city or county.
(B) No less than five years experience in safety training for a
company with a minimum of 25 drivers.
(C) No less than five years experience in providing safety
training to labor organizations, commercial drivers, or associations,
or any other training experience that is equivalent or superior to
these requirements as determined by the department.
(D) A combination of no less than five years experience,
combined, of the activities specified in subparagraphs (A), (B), and
(C),
(6) Comply with a Department of Justice background check.
(b) All of the qualifying requirements specified by this section
shall be met within one year from the date of application for a
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the requisite
fee.
(c) A license issued pursuant to this section is not required to
provide instruction to commercial violators in a public school or
other public educational institution by a person holding a valid
teaching credential with satisfactory training or experience in the
subject area, as determined by the department.
11255. (a) The department shall issue licenses to commercial
driver violator school owners and commercial driver violator school
operators in accordance with this section.
(b) The term of the license shall be for a period of one year from
the date of issue unless canceled, suspended, or revoked by the
department. The license shall be renewed annually.
(c) The department shall require compliance with Section 11252 for
renewal of the license of a commercial driver violator school owner.
The department shall require compliance with Section 11253 for
renewal of the license of a commercial driver violator school
operator.
11256. (a) The department shall provide a list of licensed
commercial driver violator schools on its Internet Web site. For each
licensed school, the list shall indicate the modalities of
instruction offered and specify the cities where classroom
instruction is offered. The sequential listing of licensed schools
shall be randomized daily.
(b) When a court or traffic assistance program (TAP) provides a
hard copy list of licensed commercial violator schools to a
commercial violator, the court or TAP shall provide only a current
date-stamped list downloaded from the department's Internet Web site.
The hard copy list shall be as current as practicable, but in no
event shall a list be distributed with a date stamp that is more than
60 days old.
(c) The department shall develop a Web-based database that will
enable the department, the courts, and commercial driver violator
schools to monitor, report, and track participation and course
completion. Commercial driver violator schools shall update course
information within three business days of class completion and
provide to the courts class completion information on a daily basis.
11257. (a) A traffic assistance program (TAP) established
pursuant to Section 11205.2 may also provides services, under
contract with a court, to process commercial violators or, under
contract with the department, to assist in oversight activities.
(b) A court may use a TAP to assist the court in performing
services related to the processing of commercial violators. As used
in this section, "services" means those services relating to the
processing of commercial infraction cases at, and for, the court,
including printing and providing to the court and commercial
violators hard copy county-specific lists printed from the department'
s Internet Web site, administratively assisting commercial violators,
and any other lawful activity relating to the administration of the
court's commercial infraction caseload.
(c) The court may charge a commercial violator a fee to defray the
costs incurred by a TAP for commercial case administration services
provided to the court pursuant to subdivision (b). The court may
delegate collection of the fee to the TAP. Fees shall be approved and
regulated by the court. The fee shall not exceed the actual costs
incurred by the TAP for the activities authorized under subdivision
(b).
11258. The department may use a traffic assistance program
established pursuant to Section 11205.2, for monitoring of licensed
commercial driver violator schools, including, but not limited to,
audits, inspections, review and examination of business records,
class records, business practices, the content of the program of
instruction set forth in the lesson plan, or curriculum of a
licensee. Inspection includes, but is not limited to, the review of
the business office, branch office, and applicable classroom
facilities of a licensee. Monitoring includes onsite review of actual
presentation of the commercial safety instruction provided in a
classroom and any other activity deemed necessary to ensure
high-quality education of commercial violators.
11259. Each applicant for a license as a commercial driver
violator school owner, commercial driver violator school operator, or
commercial driver violator school instructor shall submit an
application to the department on the forms prescribed by the
department. The applicant shall provide the department with any
information concerning the applicant's character, honesty, integrity,
and reputation which the department may consider necessary.
11260. (a) The department shall issue a license certificate to
each commercial driver violator school instructor when it is
satisfied that he or she has met the qualifications required under
this chapter. The original instructor license and any license renewed
pursuant to subdivisions (b) and (c) shall be valid for a period of
three years from the date of issuance unless canceled, suspended, or
revoked by the department.
(b) Every application for the renewal of a commercial driver
violator school instructor license may be made by the licensee prior
to the expiration date of the license by presenting to the department
a completed application on a form provided by the department. In no
event shall a commercial driver violator school instructor renew the
license after the date of expiration.
(c) The department shall require all of the following for the
renewal of an instructor's license:
(1) Compliance with Section 11254.
(2) Satisfactory completion of an examination as provided in
Section 11254 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
education.
(d) When, in its judgment, the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the exercise of the
privilege granted. The conditions to be attached to the license shall
be such as may, in the judgment of the department, be in the public
interest and suitable to the qualifications of the applicant, as
disclosed by the application and investigation by the department of
the information contained therein.
11261. (a) The department shall charge a fee, to be determined by
the department, for the following commercial driver violator school
program activities:
(1) Original issuance of a commercial driver violator school
owner, operator, instructor, and branch or classroom location
license.
(2) Renewal of a commercial driver violator school owner,
operator, instructor, and branch or classroom location license.
(3) Issuance of a duplicate or corrected commercial driver
violator school owner, operator, instructor, and branch or classroom
location license.
(4) Transfer of an operator or instructor license from one commercial
driver violator school to another.
(5) Approval of curriculum, based on the instructional modality of
the curriculum.
(6) Fees for administering the examinations pursuant to Section
11254.
(b) The fees authorized under subdivision (a) shall be sufficient
to defray the actual cost to the department to administer the
commercial driver violator school program, except for routine
monitoring of instruction.
(c) A single administrative fee shall be assessed against, and
collected by the court pursuant to Section 42007.1 from, each driver
who is allowed or ordered to attend commercial driver violator
school. Included in this fee shall be an amount determined by the
department to be sufficient to defray the cost of routine monitoring
of commercial driver violator school instruction.
11262. The provisions of Sections 11209, 11210, 11211, 11212,
11213, 11214, 11215, 11215.5, 11215.7, 11216, 11216.2, 11216.5,
11217, 11217.5, 11218, 11219.5, 11220, and 11222, shall apply to the
regulation of commercial driver violator schools pursuant to this
chapter, except that for purposes of the implementation of those
sections the following shall apply:
(a) Any reference to "traffic violator school" shall be deemed to
mean "commercial driver violator school."
(b) Any reference to "traffic violator school owner" shall be
deemed to mean "commercial driver violator school owner."
(c) Any reference to "traffic violator school operator" shall be
deemed to mean "commercial driver violator school operator."
(d) Any reference to "traffic violator school instructor" shall be
deemed to mean "commercial driver violator school instructor."
(e) Any reference to "chapter" shall be deemed to mean this
chapter.
SEC. 5. Section 12810.5 of the Vehicle Code is amended to read:
12810.5. (a) Except as otherwise provided in subdivision (b), a
person whose driving record shows a violation point count of four or
more points in 12 months, six or more points in 24 months, or eight
or more points in 36 months shall be prima facie presumed to be a
negligent operator of a motor vehicle. In applying this subdivision
to a driver, if the person requests and appears at a hearing
conducted by the department, the department shall give due
consideration to the amount of use or mileage traveled in the
operation of a motor vehicle.
(b) (1) A class A or class B licensed driver, except persons
holding certificates pursuant to Section 12517, 12519, 12523,
12523.5, or 12527, or an endorsement issued pursuant to paragraph (2)
or (5) of subdivision (a) of Section 15278, who is presumed to be a
negligent operator pursuant to subdivision (a), and who requests and
appears at a hearing and is found to have a driving record violation
point count of six or more points in 12 months, eight or more points
in 24 months, or 10 or more points in 36 months is presumed to be a
prima facie negligent operator. However, the higher point count does
not apply if the department reasonably determines that four or more
points in 12 months, six or more points in 24 months, or eight or
more points in 36 months are attributable to the driver's operation
of a vehicle requiring only a class C license, and not requiring a
certificate or endorsement, or a class M license.
(2) For purposes of this subdivision, each point assigned pursuant
to Section 12810 shall be valued at one and one-half times the value
otherwise required by that section for each violation reasonably
determined by the department to be attributable to the driver's
operation of a vehicle requiring a class A or class B license, or
requiring a certificate or endorsement described in this section.
(3) Except as otherwise provided in this code, a driver licensed
with a class A license, class B license, or commercial class C driver'
s license who is allowed, for a violation, to complete, and who
completes, the 16-hour course of instruction at a commercial driver
violator school licensed pursuant to Chapter 1.6 (commencing with
Section 11250) of Division 5, shall not have the point count for that
violation added to the driver's record. However, if the driver
incurs a point violation within 12 months after the date the driver
completes the course of instruction at the commercial driver violator
school, the department shall add the points for the violation onto
the driver's record. If the driver does not incur any point violation
within that 12-month period, the point count for the violation shall
remain off the driving record.
(c) The department may require a negligent operator whose driving
privilege is suspended or revoked pursuant to this section to submit
proof of financial responsibility, as defined in Section 16430, 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 that date of
reinstatement.
SEC. 6. Section 41501 of the Vehicle Code, as added by Section
12.5 of Chapter 216 of the Statutes of 2010, is amended to read:
41501. (a) After a deposit of bail and bail forfeiture, a plea of
guilty or no contest, or a conviction, the court may order a
continuance of a proceeding against a person, who receives a notice
to appear in court for a violation of a statute relating to the safe
operation of a vehicle, in consideration for successful completion of
a course of instruction at a licensed school for traffic violators,
a licensed driving school, a licensed school for commercial
violators, or any other court-approved program of driving
instruction, and pursuant to Section 1803.5 or 42005, the court may
order that the conviction be held confidential by the department
according to Section 1808.7.
(b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
(c) This section shall become operative on July 1, 2011.
SEC. 7. Section 41501 of the Vehicle Code, as amended by Section
311 of Chapter 296 of the Statutes of 2011, is repealed.
41501. (a) After a deposit of bail and bail forfeiture, a plea of
guilty or no contest, or a conviction, the court may order a
continuance of a proceeding against a person, who receives a notice
to appear in court for a violation of a statute relating to the safe
operation of a vehicle, in consideration for successful completion of
a course of instruction at a licensed school for traffic violators
and pursuant to Section 1803.5 or 42005, the court may order that the
conviction be held confidential by the department in accordance with
Section 1808.7. The court shall notify a person that only one
conviction within 18 months will be held confidential.
(b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
(c) This section shall become operative on July 1, 2011.
SEC. 8. Section 42005 of the Vehicle Code is amended to read:
42005. (a) Except as otherwise provided in this section
subdivision (b) , after a deposit of the fee
under Section 42007 or bail, a plea of guilty or no contest, or a
conviction, a court may order or permit a person who holds a
noncommercial class C, class M1, or class M2 driver's license who
pleads guilty or no contest or is convicted of a traffic violation to
attend a traffic violator school licensed pursuant to Chapter 1.5
(commencing with Section 11200) of Division 5.
(b) ( 1) Pursuant to Title 49 of
the Code of Federal Regulations, the court may not order or permit a
person who holds a class A, class B, or commercial class C driver's
license to complete a licensed traffic violator school, in lieu of
adjudicating any traffic offense or order that a conviction of a
traffic offense by a person holding a class A, class B, or commercial
class C driver's license be kept confidential.
(2) (A) Notwithstanding paragraph (1), after a deposit of the fee
under Section 42007 or bail, a plea of guilty or no contest, or a
conviction, a court may order or permit a driver licensed with a
class A license, class B license, or commercial class C driver's
license who pleads guilty or no contest or is convicted of a traffic
violation to attend a commercial driver violator school licensed
pursuant to Chapter 1.6 (commencing with Section 11250) of Division
5.
(B) The court may order that a conviction of a traffic offense by
a person holding a class A, class B, or commercial class C driver's
license be kept confidential, but if it does so, the court shall
require this confidentiality only in conformance with Title 49 of the
Code of Federal Regulations.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7 or permit a person,
regardless of the driver's license class, to complete a program at a
licensed traffic violator school in lieu of adjudicating an offense
if either of the following applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) may choose the traffic violator school the person
will attend. The court shall provide to each person subject to that
order or referral the department's current list of licensed traffic
violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school or commercial driver violator
school is guilty of a misdemeanor.
(f) This section shall become operative on July 1, 2011.
SEC. 9. Section 42007 of the Vehicle Code is amended to read:
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school or commercial driver violator school pursuant to
Section 41501 or 42005 in an amount equal to the total bail set forth
for the eligible offense on the uniform countywide bail schedule. As
used in this subdivision, "total bail" means the amount established
pursuant to Section 1269b of the Penal Code in accordance with the
Uniform Bail and Penalty Schedule adopted by the Judicial Council,
including all assessments, surcharges, and penalty amounts.
Where If multiple offenses are charged in a
single notice to appear, the "total bail" is the amount applicable
for the greater of the qualifying offenses. However, the court may
determine a lesser fee under this subdivision upon a showing that the
defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by a traffic violator school
or commercial driver violator school .
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school or commercial driver
violator school a payment of at least 10 percent of the fee
required by paragraph (1) upon filing a written agreement by the
defendant to pay the remainder of the fee according to an installment
payment schedule of no more than 90 days as agreed upon with the
court. The Judicial Council shall prescribe the form of the agreement
for payment of the fee in installments. When the defendant signs the
Judicial Council form for payment of the fee in installments, the
court shall continue the case to the date in the agreement to
complete payment of the fee and submit the certificate of completion
of traffic violator school or commercial driver violator school
to the court. The clerk shall collect a fee of up to
thirty-five dollars ($35) to cover administrative and clerical costs
for processing an installment payment of the traffic violator school
or commercial driver violator school fee under this
paragraph.
(3) If a defendant fails to make an installment payment of the fee
according to an installment agreement, the court may convert the fee
to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.
(e) The clerk of the court, in a county that offers commercial
driver violator schools, shall include in any courtesy notice mailed
to a defendant for an offense that qualifies for commercial driver
violator school attendance the following statement:
NOTICE: If you are eligible and decide not to attend commercial
driver violator school your insurance may be adversely affected. One
conviction in any 12-month period may be held confidential and not
show on your driving record, except to the extent required under
federal law, if you complete a commercial driver violator school
program.
(e)
( f) Notwithstanding any other
provision of law, a county that has established a Maddy
Emergency Medical Services Fund pursuant to Section 1797.98a of the
Health and Safety Code shall not be held liable for having deposited
into the fund, prior to January 1, 2009, an amount equal to two
dollars ($2) for every ten dollars ($10) that would have been
collected pursuant to Section 76000.5 of the Government Code from
revenues derived from traffic violator school fees collected pursuant
to this section.
SEC. 10. Section 42007.1 of the Vehicle Code is amended to read:
42007.1. (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus a forty-nine-dollar ($49) fee, and a
fee determined by the department to be sufficient to defray the cost
of routine monitoring of traffic violator school instruction pursuant
to subdivision (c) of Section 11208 or the fee determined by
the department to be sufficient to defray the cost of routine
monitoring of commercial driver violator school instruction pursuant
to subdivision (c) of Section 11261 , and a fee, if any,
established by the court pursuant to subdivision (c) of Section
11205.2 or subdivision (c) of Section 11257 to defray the
costs incurred by a traffic assistance program.
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
(c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
(d) The fees assessed pursuant to subdivision (c) of Section 11261
shall be allocated to the department to defray the costs of
monitoring commercial driver violator school instruction.
SEC. 11. 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.