BILL ANALYSIS Ó
AB 1888
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1888 (Gatto) - As Amended: April 25, 2012
Policy Committee:
TransportationVote:13-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
As proposed to be amended, this bill authorizes a driver
licensed to drive commercial vehicles to attend traffic school
for a violation that occurs while driving a personal
noncommercial vehicle. Specifically, this bill:
1)Authorizes a court, to the extent it can do so consistent with
federal requirements, to allow traffic school for a driver who
holds a class A, class B, or commercial class C driver license
for a violation while driving a vehicle requiring only a
noncommercial class C license or class M license, and not
requiring a certificate or endorsement.
2)Specifies the court may not make confidential the record of
conviction but the conviction shall not result in a violation
point on Department of Motor Vehicles (DMV) records.
3)Makes available, for insurance underwriting purposes, the
first conviction in a 12-month period for a driver licensed
with a class A license, class B license, or commercial class C
driver license who is allowed, for a traffic offense while
operating a vehicle requiring only a class C license or class
M license, to complete a course of instruction at a traffic
violator school.
FISCAL EFFECT
Negligible state costs.
COMMENTS
AB 1888
Page 2
1)Rationale. The author contends it appropriate to allows
commercial drivers who commit moving violations in personal
vehicles to attend driving school.
2) Background. The Department of Motor Vehicles (DMV) issues a
variety of classes of driver licenses. Noncommercial class C
is the most basic driver license allowing operation of smaller
vehicles for noncommercial uses. Class M allows the
noncommercial operation of a motorcycle. The department
issues other specialized licenses, which require specialized
training, and permits for larger and heavier vehicles, as well
as for vehicles used for commercial purposes.
Current law allows holders of noncommercial class C licenses
and of class M licenses to attend traffic violator school in
exchange for maintaining the confidentiality of certain
traffic violations. This confidentiality allows the driver to
avoid the assignment of traffic violation points on his or her
driving record. The accumulation of points can lead DMV to
suspend or revoke a driver license. Current law does not
allow a holder of specialized commercial driver license to
attend traffic school for traffic violations.
3)Author's amendments add vehicles requiring a noncommercial
class M motorcycle license to the type of vehicles in which a
holder of a commercial driver license who receives a traffic
violation may attend traffic school. The policy committee
indicates this amendment will correct an inadvertent drafting
error.
4)Support . This bill is supported by the Teamsters and other
organizations representing commercial drivers or who employ
them.
5)Opposition . This bill is opposed by representatives of the
insurance industry, who want to maintain access to relevant
driver safety information.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081