AB 1113, as amended, Frazier. Provisional driver’s licenses: restrictions.
The Brady-Jared Teen Driver Safety Act of 1997 allows for the issuance of a driver’s license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Existing law requires a person to have held an instruction permit for at least 6 months prior to applying for a provisional driver’s license. A person licensed under this program is prohibited during the first 12 months after issuance of a license from driving during the hours of 11 p.m. and 5 a.m. or from transporting passengers who are under 20 years of age, subject to specified exceptions. Under existing law, a violation of these provisions is an infraction.
This bill wouldbegin insert, commencing January 1, 2015,end insert require that the
restrictions on a person licensed under the provisional licensing program continue for the duration of the provisional license, and would additionally prohibit the licensee from driving between the hours of 10 p.m. and 5 a.m. or transporting passengers who are under 21 years of age, except as specified. The bill would require a person to have held an instruction permit for at least 9 months prior to applying for a provisional driver’s license.begin delete The bill would prohibit the Department of Motor Vehicles from issuing a provisional driver’s license if the applicant has been convicted of any offense relating to the use or operation of a motor vehicle for a period of 6 consecutive months prior to applying for a provisional driver’s license, as provided.end delete
By expanding the scope of a crime, this bill would impose a state-mandated local program.
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:
The Legislature finds and declares all of the
2following:
3(a) Teenagers have the highest crash rate of any group in the
4United States and are four times more likely to be involved in a
5crash than adult drivers.
6(b) In 2009, there were 476 fatalities in crashes that involved
7teen drivers and, according to a report done by the National Safety
8Council, 133 lives and $910,000,000 could be saved if California
9implemented the graduated driver licensing requirements specified
10in the federal Moving Ahead for Progress in the 21st Century Act
11(Public Law 112-141).
Section 12814.6 of the Vehicle Code is amended to
13read:
(a) Except as provided in Section 12814.7, a driver’s
15license issued to a person at least 16 years of age but under 18
16years of age shall be issued pursuant to the provisional licensing
17program contained in this section. The program shall consist of
18all of the following components:
19(1) Upon application for an original license, the applicant shall
20be issued an instruction permit pursuant to Section 12509. A person
21who has in his or her immediate possession a valid permit issued
P3 1pursuant to Section 12509 may operate a motor vehicle, other than
2a motorcycle or motorized bicycle, only when the person is either
3taking the driver training instruction
referred to in paragraph (3)
4or practicing that instruction, provided the person is accompanied
5by, and is under the immediate supervision of, a California licensed
6driver 25 years of age or older whose driving privilege is not on
7probation. The age requirement of this paragraph does not apply
8if the licensed driver is the parent, spouse, or guardian of the
9permitholder or is a licensed or certified driving instructor.
10(2) (A) The person shall hold an instruction permit for not less
11than nine months prior to applying for a provisional driver’s
12license.
13(B) The department shall not issue a provisional driver’s license
14if, during the six consecutive months immediately prior to the
15expiration of the permit, the applicant has been convicted of an
16offense relating to the use or operation of a motor vehicle,
17including, but not limited to, driving while intoxicated, reckless
18driving, driving without wearing a seatbelt, speeding, prohibited
19use of a wireless communication device, or a violation of the
20provisions of the permit.
21(3) The person shall have complied with one of the following:
22(A) Satisfactory completion of approved courses in automobile
23driver education and driver training maintained pursuant to
24provisions of the Education Code in any secondary school of
25California, or equivalent instruction in a
secondary school of
26another state.
27(B) Satisfactory completion of an integrated driver education
28and training program that is approved by the department and
29conducted by a driving instructor licensed under Chapter 1
30(commencing with Section 11100) of Division 5. The program
31shall utilize segmented modules, whereby a portion of the
32educational instruction is provided by, and then reinforced through,
33specific behind-the-wheel training before moving to the next phase
34of driver education and training. The program shall contain a
35minimum of 30 hours of classroom instruction and six hours of
36behind-the-wheel training.
37(C) Satisfactory completion of six hours or more of
38behind-the-wheel instruction by a driving school or an independent
39driving instructor licensed under Chapter
1 (commencing with
40Section 11100) of Division 5 and either an accredited course in
P4 1automobile driver education in any secondary school of California
2
pursuant to provisions of the Education Code or satisfactory
3completion of equivalent professional instruction acceptable to
4the department. To be acceptable to the department, the
5professional instruction shall meet minimum standards to be
6prescribed by the department, and the standards shall be at least
7equal to the requirements for driver education and driver training
8contained in the rules and regulations adopted by the State Board
9of Education pursuant to the Education Code. A person who has
10complied with this subparagraph shall not be required by the
11governing board of a school district to comply with subparagraph
12(A) in order to graduate from high school.
13(D) Except as provided under subparagraph (B), a student may
14not take driver training instruction, unless he or she has
15successfully completed driver education.
16(4) The person shall complete 50 hours of supervised driving
17practice prior to the issuance of a provisional license, which is in
18addition to any other driver training instruction required by law.
19Not less than 10 of the required practice hours shall include driving
20during darkness, as defined in Section 280. Upon application for
21a provisional license, the person shall submit to the department
22the certification of a parent, spouse, guardian, or licensed or
23certified driving instructor that the applicant has completed the
24required amount of driving practice and is prepared to take the
25department’s driving test. A person without a parent, spouse,
26guardian, or who is an emancipated minor, may have a licensed
27driver 25 years of age or older or a licensed or certified driving
28instructor complete the certification. This requirement does not
29apply
to motorcycle practice.
30(5) The person shall successfully complete an examination
31required by the department. Before retaking a test, the person shall
32wait for not less than one week after failure of the written test and
33for not less than two weeks after failure of the driving test.
34(b) Except as provided in Section 12814.7, the provisional
35driver’s license shall be subject to all of the following restrictions:
36(1) Except as specified in paragraph (2), the licensee may not
37do any of the following unless accompanied and supervised by a
38licensed driver who is the licensee’s parent or guardian, a licensed
39driver who is 25 years of age or older, or a licensed or certified
40driving instructor:
P5 1(A) Drive between the hours of 10 p.m. and 5 a.m.
2(B) Transport passengers who are under 21 years of age.
3(2) A licensee may drive between the hours of 10 p.m. and 5
4a.m. or transport an immediate family member without being
5accompanied and supervised by a licensed driver who is the
6licensee’s parent or guardian, a licensed driver who is 25 years of
7age or older, or a licensed or certified driving instructor, in the
8following circumstances:
9(A) Medical necessity of the licensee when reasonable
10transportation facilities are inadequate and operation of a vehicle
11by a minor is necessary. The licensee shall keep in his or her
12possession a signed statement from a physician familiar with the
13condition, containing a
diagnosis and probable date when sufficient
14recovery will have been made to terminate the necessity.
15(B) Schooling or school-authorized activities of the licensee
16when reasonable transportation facilities are inadequate and
17operation of a vehicle by a minor is necessary. The licensee shall
18keep in his or her possession a signed statement from the school
19principal, dean, or school staff member designated by the principal
20or dean, containing a probable date that the schooling or
21school-authorized activity will have been completed.
22(C) Employment necessity of the licensee when reasonable
23transportation facilities are inadequate and operation of a vehicle
24by a minor is necessary. The licensee shall keep in his or her
25possession a signed statement from the employer, verifying
26employment
and containing a probable date that the employment
27will have been completed.
28(D) Necessity of the licensee or the licensee’s immediate family
29member when reasonable transportation facilities are inadequate
30and operation of a vehicle by a minor is necessary to transport the
31licensee or the licensee’s immediate family member. The licensee
32shall keep in his or her possession a signed statement from a parent
33or legal guardian verifying the reason and containing a probable
34date that the necessity will have ceased.
35(E) The licensee is an emancipated minor.
36(c) A law enforcement officer shall not stop a vehicle for the
37sole purpose of determining whether the driver is in violation of
38the restrictions imposed under subdivision
(b).
39(d) A law enforcement officer shall not stop a vehicle for the
40sole purpose of determining whether a driver who is subject to the
P6 1license restrictions in subdivision (b) is in violation of Article 2.5
2(commencing with Section 118947) of Chapter 4 of Part 15 of
3Division 104 of the Health and Safety Code.
4(e) (1) Upon a finding that any licensee has violated paragraph
5(1) of subdivision (b), the court shall impose one of the following:
6(A) Not less than eight hours nor more than 16 hours of
7community service for a first offense and not less than 16 hours
8nor more than 24 hours of community service for a second or
9subsequent offense.
10(B) A fine of not more than thirty-five dollars ($35) for a first
11offense and a fine of not more than fifty dollars ($50) for a second
12or subsequent offense.
13(2) If the court orders community service, the court shall retain
14jurisdiction until the hours of community service have been
15completed.
16(3) If the hours of community service have not been completed
17within 90 days, the court shall impose a fine of not more than
18thirty-five dollars ($35) for a first offense and not more than fifty
19dollars ($50) for a second or subsequent offense.
20(f) A conviction of paragraph (1) of subdivision (b), when
21reported to the department, may not be disclosed as otherwise
22specified in Section 1808 or constitute a violation point
count value
23pursuant to Section 12810.
24(g) Any term of restriction or suspension of the driving privilege
25imposed on a person pursuant to this subdivision shall remain in
26effect until the end of the term even though the person becomes
2718 years of age before the term ends.
28(1) The driving privilege shall be suspended when the record
29of the person shows one or more notifications issued pursuant to
30Section 40509 or 40509.5. The suspension shall continue until any
31notification issued pursuant to Section 40509 or 40509.5 has been
32cleared.
33(2) A 30-day restriction shall be imposed when a driver’s record
34shows a violation point count of two or more points in 12 months,
35as determined in accordance with Section 12810. The
restriction
36shall require the licensee to be accompanied by a licensed parent,
37spouse, guardian, or other licensed driver 25 years of age or older,
38except when operating a class M vehicle, or so licensed, with no
39passengers aboard.
P7 1(3) A six-month suspension of the driving privilege and a
2one-year term of probation shall be imposed whenever a licensee’s
3record shows a violation point count of three or more points in 12
4months, as determined in accordance with Section 12810. The
5terms and conditions of probation shall include, but not be limited
6to, both of the following:
7(A) The person shall violate no law which, if resulting in
8conviction, is reportable to the department under Section 1803.
9(B) The person shall remain free from accident responsibility.
10(h) Whenever action by the department under subdivision (g)
11arises as a result of a motor vehicle accident, the person may, in
12writing and within 10 days, demand a hearing to present evidence
13that he or she was not responsible for the accident upon which the
14action is based. Whenever action by the department is based upon
15a conviction reportable to the department under Section 1803, the
16person has no right to a hearing pursuant to Article 3 (commencing
17with Section 14100) of Chapter 3.
18(i) The department shall require a person whose driving privilege
19is suspended or revoked pursuant to subdivision (g) to submit proof
20of financial responsibility as defined in Section 16430. The proof
21of financial responsibility shall be filed on or before the date of
22
reinstatement following the suspension or revocation. The proof
23of financial responsibility shall be maintained with the department
24for three years following the date of reinstatement.
25(j) (1) Notwithstanding any other provision of this code, the
26department may issue a distinctive driver’s license, that displays
27a distinctive color or a distinctively colored stripe or other
28distinguishing characteristic, to persons at least 16 years of age
29and older but under 18 years of age, and to persons 18 years of
30age and older but under 21 years of age, so that the distinctive
31license feature is immediately recognizable. The features shall
32clearly differentiate between driver’s licenses issued to persons at
33least 16 years of age or older but under 18 years of age and to
34persons 18 years of age or older but under 21 years
of age.
35(2) If changes in the format or appearance of driver’s licenses
36are adopted pursuant to this subdivision, those changes may be
37implemented under any new contract for the production of driver’s
38licenses entered into after the adoption of those changes.
P8 1(k) The department shall include, on the face of the provisional
2driver’s license, the original issuance date of the provisional
3driver’s license in addition to any other issuance date.
4(l) This section shall be known and may be cited as the
5Brady-Jared Teen Driver Safety Act of 1997.
begin insertSection 12814.6 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
7read:end insert
(a) Except as provided in Section 12814.7, a driver’s
9license issued to a person at least 16 years of age but under 18
10years of age shall be issued pursuant to the provisional licensing
11program contained in this section. The program shall consist of
12all of the following components:
13(1) Upon application for an original license, the applicant shall
14 be issued an instruction permit pursuant to Section 12509. A person
15who has in his or her immediate possession a valid permit issued
16pursuant to Section 12509 may operate a motor vehicle, other than
17a motorcycle or motorized bicycle, only when the person is either
18taking the driver training instruction referred to in paragraph (3)
19or practicing that instruction, provided the
person is accompanied
20by, and is under the immediate supervision of, a California licensed
21driver 25 years of age or older whose driving privilege is not on
22probation. The age requirement of this paragraph does not apply
23if the licensed driver is the parent, spouse, or guardian of the
24permitholder or is a licensed or certified driving instructor.
25(2) The person shall hold an instruction permit for not less than
26six months prior to applying for a provisional driver’s license.
27(3) The person shall have complied with one of the following:
28(A) Satisfactory completion of approved courses in automobile
29driver education and driver training maintained pursuant to
30provisions of the Education Code in any secondary school of
31California, or equivalent instruction in a secondary school of
32another state.
33(B) Satisfactory completion of an integrated driver education
34and training program that is approved by the department and
35conducted by a driving instructor licensed under Chapter 1
36(commencing with Section 11100) of Division 5. The program
37shall utilize segmented modules, whereby a portion of the
38educational instruction is provided by, and then reinforced through,
39specific behind-the-wheel training before moving to the next phase
40of driver education and training. The program shall contain a
P9 1minimum of 30 hours of classroom instruction and six hours of
2behind-the-wheel training.
3(C) Satisfactory completion of six hours or more of
4behind-the-wheel instruction by a driving school or an independent
5driving instructor licensed under Chapter 1 (commencing with
6Section 11100) of Division 5 and either an accredited course in
7automobile driver education in any secondary school of California
8
pursuant to provisions of the Education Code or satisfactory
9completion of equivalent professional instruction acceptable to
10the department. To be acceptable to the department, the
11professional instruction shall meet minimum standards to be
12prescribed by the department, and the standards shall be at least
13equal to the requirements for driver education and driver training
14contained in the rules and regulations adopted by the State Board
15of Education pursuant to the Education Code. A person who has
16complied with thisbegin delete subdivisionend deletebegin insert subparagraphend insert shall not be required
17by the governing board of a school district to comply with
18subparagraph (A) in order to graduate from high school.
19(D) Except as provided under subparagraph (B), a student may
20not take driver
training instruction, unless he or she has
21successfully completed driver education.
22(4) The person shall complete 50 hours of supervised driving
23practice prior to the issuance of a provisional license, which is in
24addition to any other driver training instruction required by law.
25Not less than 10 of the required practice hours shall include driving
26during darkness, as defined in Section 280. Upon application for
27a provisional license, the person shall submit to the department
28the certification of a parent, spouse, guardian, or licensed or
29certified driving instructor that the applicant has completed the
30required amount of driving practice and is prepared to take the
31department’s driving test. A person without a parent, spouse,
32guardian, or who is an emancipated minor, may have a licensed
33driver 25 years of age or older or a licensed or certified driving
34instructor complete the certification. This requirement does not
35apply to motorcycle
practice.
36(5) The person shall successfully complete an examination
37required by the department. Before retaking a test, the person shall
38wait for not less than one week after failure of the written test and
39for not less than two weeks after failure of the driving test.
P10 1(b) Except as provided in Section 12814.7, the provisional
2driver’s license shall be subject to all of the following restrictions:
3(1) Except as specified in paragraph (2), during the first 12
4months after issuance of a provisional license the licenseebegin delete mayend delete
5begin insert shallend insert not do any of the following unless accompanied and
6supervised by a licensed driver who is the
licensee’s parent or
7guardian, a licensed driver who is 25 years of age or older, or a
8licensed or certified driving instructor:
9(A) Drive between the hours of 11 p.m. and 5 a.m.
10(B) Transport passengers who are under 20 years of age.
11(2) A licensee may drive between the hours of 11 p.m. and 5
12a.m. or transport an immediate family member without being
13accompanied and supervised by a licensed driver who is the
14licensee’s parent or guardian, a licensed driver who is 25 years of
15age or older, or a licensed or certified driving instructor, in the
16following circumstances:
17(A) Medical necessity of the licensee when reasonable
18transportation facilities are inadequate and operation of a vehicle
19by a minor is necessary. The licensee shall keep in his or her
20
possession a signed statement from a physician familiar with the
21condition, containing a diagnosis and probable date when sufficient
22recovery will have been made to terminate the necessity.
23(B) Schooling or school-authorized activities of the licensee
24when reasonable transportation facilities are inadequate and
25operation of a vehicle by a minor is necessary. The licensee shall
26keep in his or her possession a signed statement from the school
27principal, dean, or school staff member designated by the principal
28or dean, containing a probable date that the schooling or
29school-authorized activity will have been completed.
30(C) Employment necessity of the licensee when reasonable
31transportation facilities are inadequate and operation of a vehicle
32by a minor is necessary. The licensee shall keep in his or her
33possession a signed statement from the employer, verifying
34employment and
containing a probable date that the employment
35will have been completed.
36(D) Necessity of the licensee or the licensee’s immediate family
37member when reasonable transportation facilities are inadequate
38and operation of a vehicle by a minor is necessary to transport the
39licensee or the licensee’s immediate family member. The licensee
40shall keep in his or her possession a signed statement from a parent
P11 1or legal guardian verifying the reason and containing a probable
2date that the necessity will have ceased.
3(E) The licensee is an emancipated minor.
4(c) A law enforcement officer shall not stop a vehicle for the
5sole purpose of determining whether the driver is in violation of
6the restrictions imposed under subdivision (b).
7(d) A law enforcement officer
shall not stop a vehicle for the
8sole purpose of determining whether a driver who is subject to the
9license restrictions in subdivision (b) is in violation of Article 2.5
10(commencing with Section 118947) of Chapter 4 of Part 15 of
11Division 104 of the Health and Safety Code.
12(e) (1) Upon a finding that any licensee has violated paragraph
13(1) of subdivision (b), the court shall impose one of the following:
14(A) Not less than eight hours nor more than 16 hours of
15community service for a first offense and not less than 16 hours
16nor more than 24 hours of community service for a second or
17subsequent offense.
18(B) A fine of not more than thirty-five dollars ($35) for a first
19offense and a fine of not more than fifty dollars ($50) for a second
20or subsequent offense.
21(2) If the court orders community service, the court shall retain
22jurisdiction until the hours of community service have been
23completed.
24(3) If the hours of community service have not been completed
25within 90 days, the court shall impose a fine of not more than
26thirty-five dollars ($35) for a first offense and not more than fifty
27dollars ($50) for a second or subsequent offense.
28(f) A conviction of paragraph (1) of subdivision (b), when
29reported to the department, may not be disclosed as otherwise
30specified in Section 1808 or constitute a violation point count value
31pursuant to Section 12810.
32(g) Any term of restriction or suspension of the driving privilege
33imposed on a person pursuant to this subdivision shall remain in
34effect until the end of the term
even though the person becomes
3518 years of age before the term ends.
36(1) The driving privilege shall be suspended when the record
37of the person shows one or more notifications issued pursuant to
38Section 40509 or 40509.5. The suspension shall continue until any
39notification issued pursuant to Section 40509 or 40509.5 has been
40cleared.
P12 1(2) A 30-day restriction shall be imposed when a driver’s record
2shows a violation point count of two or more points in 12 months,
3as determined in accordance with Section 12810. The restriction
4shall require the licensee to be accompanied by a licensed parent,
5spouse, guardian, or other licensed driver 25 years of age or older,
6except when operating a class M vehicle, or so licensed, with no
7passengers aboard.
8(3) A six-month suspension of the driving privilege and a
9one-year term of
probation shall be imposed whenever a licensee’s
10record shows a violation point count of three or more points in 12
11months, as determined in accordance with Section 12810. The
12terms and conditions of probation shall include, but not be limited
13to, both of the following:
14(A) The person shall violate no law which, if resulting in
15conviction, is reportable to the department under Section 1803.
16(B) The person shall remain free from accident responsibility.
17(h) Whenever action by the department under subdivision (g)
18arises as a result of a motor vehicle accident, the person may, in
19writing and within 10 days, demand a hearing to present evidence
20that he or she was not responsible for the accident upon which the
21action is based. Whenever action by the department is based upon
22a conviction reportable to the department under
Section 1803, the
23person has no right to a hearing pursuant to Article 3 (commencing
24with Section 14100) of Chapter 3.
25(i) The department shall require a person whose driving privilege
26is suspended or revoked pursuant to subdivision (g) to submit proof
27of financial responsibility as defined in Section 16430. The proof
28of financial responsibility shall be filed on or before the date of
29reinstatement following the suspension or revocation. The proof
30of financial responsibility shall be maintained with the department
31for three years following the date of reinstatement.
32(j) (1) Notwithstanding any other provision of this code, the
33department may issue a distinctive driver’s license, that displays
34a distinctive color or a distinctively colored stripe or other
35distinguishing characteristic, to persons at least 16 years of age
36and older but under 18 years of age,
and to persons 18 years of
37age and older but under 21 years of age, so that the distinctive
38license feature is immediately recognizable. The features shall
39clearly differentiate between driver’s licenses issued to persons at
P13 1least 16 years of age or older but under 18 years of age and to
2persons 18 years of age or older but under 21 years of age.
3(2) If changes in the format or appearance of driver’s licenses
4are adopted pursuant to this subdivision, those changes may be
5implemented under any new contract for the production of driver’s
6licenses entered into after the adoption of those changes.
7(k) The department shall include, on the face of the provisional
8driver’s license, the original issuance date of the provisional
9driver’s license in addition to any other issuance date.
10(l) This section shall be known and may
be cited as the
11Brady-Jared Teen Driver Safety Act of 1997.
12(m) This section shall remain in effect only until January 1,
132015, and as of that date is repealed, unless a later enacted statute,
14that is enacted before January 1, 2015, deletes or extends that
15date.
begin insertSection 12814.6 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert
begin insert(a) Except as provided in Section 12814.7, a driver’s
18license issued to a person at least 16 years of age but under 18
19years of age shall be issued pursuant to the provisional licensing
20program contained in this section. The program shall consist of
21all of the following components:
22(1) Upon application for an original license, the applicant shall
23be issued an instruction permit pursuant to Section 12509. A person
24who has in his or her immediate possession a valid permit issued
25pursuant to Section 12509 may operate a motor vehicle, other than
26a motorcycle or motorized bicycle, only when the person is either
27taking the driver training instruction referred to in paragraph (3)
28or practicing that instruction, provided the person is accompanied
29
by, and is under the immediate supervision of, a California licensed
30driver 25 years of age or older whose driving privilege is not on
31probation. The age requirement of this paragraph does not apply
32if the licensed driver is the parent, spouse, or guardian of the
33permitholder or is a licensed or certified driving instructor.
34(2) The person shall hold an instruction permit for not less than
35nine months prior to applying for a provisional driver’s license.
36(3) The person shall have complied with one of the following:
37(A) Satisfactory completion of approved courses in automobile
38driver education and driver training maintained pursuant to
39provisions of the Education Code in any secondary school of
P14 1California, or equivalent instruction in a secondary school of
2another state.
3(B) Satisfactory completion of an integrated driver education
4and training program that is approved by the department and
5conducted by a driving instructor licensed under Chapter 1
6(commencing with Section 11100) of Division 5. The program
7shall utilize segmented modules, whereby a portion of the
8educational instruction is provided by, and then reinforced through,
9specific behind-the-wheel training before moving to the next phase
10of driver education and training. The program shall contain a
11minimum of 30 hours of classroom instruction and six hours of
12behind-the-wheel training.
13(C) Satisfactory completion of six hours or more of
14behind-the-wheel instruction by a driving school or an independent
15driving instructor licensed under Chapter 1 (commencing with
16Section 11100) of Division 5 and either an accredited course in
17automobile driver education in any secondary school of California
18
pursuant to provisions of the Education Code or satisfactory
19completion of equivalent professional instruction acceptable to
20the department. To be acceptable to the department, the
21professional instruction shall meet minimum standards to be
22prescribed by the department, and the standards shall be at least
23equal to the requirements for driver education and driver training
24contained in the rules and regulations adopted by the State Board
25of Education pursuant to the Education Code. A person who has
26complied with this subparagraph shall not be required by the
27governing board of a school district to comply with subparagraph
28(A) in order to graduate from high school.
29(D) Except as provided under subparagraph (B), a student may
30not take driver training instruction, unless he or she has
31successfully completed driver education.
32(4) The person shall complete 50 hours of supervised driving
33
practice prior to the issuance of a provisional license, which is in
34addition to any other driver training instruction required by law.
35Not less than 10 of the required practice hours shall include driving
36during darkness, as defined in Section 280. Upon application for
37a provisional license, the person shall submit to the department
38the certification of a parent, spouse, guardian, or licensed or
39certified driving instructor that the applicant has completed the
40required amount of driving practice and is prepared to take the
P15 1department’s driving test. A person without a parent, spouse,
2guardian, or who is an emancipated minor, may have a licensed
3driver 25 years of age or older or a licensed or certified driving
4instructor complete the certification. This requirement does not
5apply to motorcycle practice.
6(5) The person shall successfully complete an examination
7required by the department. Before retaking a test, the person shall
8wait for not
less than one week after failure of the written test and
9for not less than two weeks after failure of the driving test.
10(b) Except as provided in Section 12814.7, the provisional
11driver’s license shall be subject to all of the following restrictions:
12(1) Except as specified in paragraph (2), the licensee shall not
13do any of the following unless accompanied and supervised by a
14licensed driver who is the licensee’s parent or guardian, a licensed
15driver who is 25 years of age or older, or a licensed or certified
16driving instructor:
17(A) Drive between the hours of 10 p.m. and 5 a.m.
18(B) Transport passengers who are under 21 years of age.
19(2) A licensee may drive between the hours of 10 p.m. and
5
20a.m. or transport an immediate family member without being
21accompanied and supervised by a licensed driver who is the
22licensee’s parent or guardian, a licensed driver who is 25 years
23of age or older, or a licensed or certified driving instructor, in the
24following circumstances:
25(A) Medical necessity of the licensee when reasonable
26transportation facilities are inadequate and operation of a vehicle
27by a minor is necessary. The licensee shall keep in his or her
28possession a signed statement from a physician familiar with the
29condition, containing a diagnosis and probable date when sufficient
30recovery will have been made to terminate the necessity.
31(B) Schooling or school-authorized activities of the licensee
32when reasonable transportation facilities are inadequate and
33operation of a vehicle by a minor is necessary. The licensee shall
34keep in his or her possession a signed
statement from the school
35principal, dean, or school staff member designated by the principal
36or dean, containing a probable date that the schooling or
37school-authorized activity will have been completed.
38(C) Employment necessity of the licensee when reasonable
39transportation facilities are inadequate and operation of a vehicle
40by a minor is necessary. The licensee shall keep in his or her
P16 1possession a signed statement from the employer, verifying
2employment and containing a probable date that the employment
3will have been completed.
4(D) Necessity of the licensee or the licensee’s immediate family
5member when reasonable transportation facilities are inadequate
6and operation of a vehicle by a minor is necessary to transport
7the licensee or the licensee’s immediate family member. The
8licensee shall keep in his or her possession a signed statement
9from a parent or legal guardian
verifying the reason and
10containing a probable date that the necessity will have ceased.
11(E) The licensee is an emancipated minor.
12(c) A law enforcement officer shall not stop a vehicle for the
13sole purpose of determining whether the driver is in violation of
14the restrictions imposed under subdivision (b).
15(d) A law enforcement officer shall not stop a vehicle for the
16sole purpose of determining whether a driver who is subject to the
17license restrictions in subdivision (b) is in violation of Article 2.5
18(commencing with Section 118947) of Chapter 4 of Part 15 of
19Division 104 of the Health and Safety Code.
20(e) (1) Upon a finding that any licensee has violated paragraph
21(1) of subdivision (b), the court shall impose one of the
following:
22(A) Not less than eight hours nor more than 16 hours of
23community service for a first offense and not less than 16 hours
24nor more than 24 hours of community service for a second or
25subsequent offense.
26(B) A fine of not more than thirty-five dollars ($35) for a first
27offense and a fine of not more than fifty dollars ($50) for a second
28or subsequent offense.
29(2) If the court orders community service, the court shall retain
30jurisdiction until the hours of community service have been
31completed.
32(3) If the hours of community service have not been completed
33within 90 days, the court shall impose a fine of not more than
34thirty-five dollars ($35) for a first offense and not more than fifty
35dollars ($50) for a second or subsequent offense.
36(f) A conviction of paragraph (1) of subdivision (b), when
37reported to the department, may not be disclosed as otherwise
38specified in Section 1808 or constitute a violation point count value
39pursuant to Section 12810.
P17 1(g) Any term of restriction or suspension of the driving privilege
2imposed on a person pursuant to this subdivision shall remain in
3effect until the end of the term even though the person becomes 18
4years of age before the term ends.
5(1) The driving privilege shall be suspended when the record
6of the person shows one or more notifications issued pursuant to
7Section 40509 or 40509.5. The suspension shall continue until any
8notification issued pursuant to Section 40509 or 40509.5 has been
9cleared.
10(2) A 30-day restriction shall be imposed when
a driver’s record
11shows a violation point count of two or more points in 12 months,
12as determined in accordance with Section 12810. The restriction
13shall require the licensee to be accompanied by a licensed parent,
14spouse, guardian, or other licensed driver 25 years of age or older,
15except when operating a class M vehicle, or so licensed, with no
16passengers aboard.
17(3) A six-month suspension of the driving privilege and a
18one-year term of probation shall be imposed whenever a licensee’s
19record shows a violation point count of three or more points in 12
20months, as determined in accordance with Section 12810. The
21terms and conditions of probation shall include, but not be limited
22to, both of the following:
23(A) The person shall violate no law which, if resulting in
24conviction, is reportable to the department under Section 1803.
25(B) The person shall remain free from accident responsibility.
26(h) Whenever action by the department under subdivision (g)
27arises as a result of a motor vehicle accident, the person may, in
28writing and within 10 days, demand a hearing to present evidence
29that he or she was not responsible for the accident upon which the
30action is based. Whenever action by the department is based upon
31a conviction reportable to the department under Section 1803, the
32person has no right to a hearing pursuant to Article 3 (commencing
33with Section 14100) of Chapter 3.
34(i) The department shall require a person whose driving
35privilege is suspended or revoked pursuant to subdivision (g) to
36submit proof of financial responsibility as defined in Section 16430.
37The proof of financial responsibility shall be filed on or before the
38date of reinstatement following the suspension or revocation. The
39
proof of financial responsibility shall be maintained with the
40department for three years following the date of reinstatement.
P18 1(j) (1) Notwithstanding any other provision of this code, the
2department may issue a distinctive driver’s license, that displays
3a distinctive color or a distinctively colored stripe or other
4distinguishing characteristic, to persons at least 16 years of age
5and older but under 18 years of age, and to persons 18 years of
6age and older but under 21 years of age, so that the distinctive
7license feature is immediately recognizable. The features shall
8clearly differentiate between driver’s licenses issued to persons
9at least 16 years of age or older but under 18 years of age and to
10persons 18 years of age or older but under 21 years of age.
11(2) If changes in the format or appearance of driver’s licenses
12are adopted pursuant to this
subdivision, those changes may be
13implemented under any new contract for the production of driver’s
14licenses entered into after the adoption of those changes.
15(k) The department shall include, on the face of the provisional
16driver’s license, the original issuance date of the provisional
17driver’s license in addition to any other issuance date.
18(l) This section shall be known and may be cited as the
19Brady-Jared Teen Driver Safety Act of 1997.
20(m) This section shall become operative on January 1, 2015.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.
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