AB 1115, as introduced, Jones. Vehicles: driver’s licenses.
Existing law permits, except as specified, the Department of Motor Vehicles, for good cause, to issue an instruction permit to a physically and mentally qualified person who applies to the department for an instruction permit and meets one of specified requirements, including, but not limited to, being over 16 years of age and applying for a restricted driver’s license as specified, or being over 17 years and 6 months of age.
This bill would add to the specified requirement that a person be over 17 years and 6 months of age, that he or she must also be applying for a driver’s license pursuant to, specified provision. This bill would include in that additional specified provision that the department is prohibited from issuing a driver’s license to a person who is 18 years of age or older unless that person demonstrates that he or she completed a written examination before being issued an instruction permit, that he or she held the instruction permit prior to applying for a driver’s license, satisfactory completion of a specified driver education program that is approved by the department, and satisfactory completion of a driving test as required by the department. This bill would also establish a specified waiting period before a driver’s license applicant may retake a specified examination or test.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12509 of the Vehicle Code is amended
2to read:
(a) Except as otherwise provided in subdivision (f) of
4Section 12514, the department, for good cause, may issue an
5instruction permit to a physically and mentally qualified person
6who meets one of the following requirements and who applies to
7the department for an instruction permit:
8(1) Is 15 years and 6 months of age or older, and has successfully
9completed approved courses in automobile driver education and
10driver training as provided in paragraph (3) of subdivision (a) of
11Section 12814.6.
12(2) Is 15 years and 6 months of age or older, and has successfully
13completed an approved course in automobile driver education and
14is taking driver training as provided in paragraph (3) of subdivision
15(a) of
Section 12814.6.
16(3) Is 15 years and 6 months of age and enrolled and
17participating in an integrated automobile driver education and
18training program as provided in subparagraph (B) of paragraph
19(3) of subdivision (a) of Section 12814.6.
20(4) Is over 16 years of age and is applying for a restricted
21driver’s license pursuant to Section 12814.7.
22(5) Is over 17 years and 6 months of agebegin insert and is applying for a
23driver’s license pursuant to Section 12814.9end insert.
24(b) The applicant shall qualify for, and be issued, an instruction
25permit within 12 months from the date of the application.
26(c) An
instruction permit issued pursuant to subdivision (a) shall
27entitle the applicant to operate a vehicle, subject to the limitations
28imposed by this section and any other provisions of law, upon the
29highways for a period not exceeding 24 months from the date of
30the application.
31(d) Except as provided in Section 12814.6, a person, while
32having in his or her immediate possession a valid permit issued
33pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), may
34operate a motor vehicle, other than a motorcycle, motorized
35scooter, or a motorized bicycle, when accompanied by, and under
P3 1the immediate supervision of, a California-licensed driver with a
2valid license of the appropriate class who is 18 years of age or
3over and whose driving privilege is not subject to probation. An
4accompanying licensed driver at all times shall occupy a position
5within the driver’s compartment that would enable the
6accompanying licensed driver to assist the
person in controlling
7the vehicle as may be necessary to avoid a collision and to provide
8immediate guidance in the safe operation of the vehicle.
9(e) A person, while having in his or her immediate possession
10a valid permit issued pursuant to paragraph (4) of subdivision (a),
11may only operate a government-owned motor vehicle, other than
12a motorcycle, motorized scooter, or a motorized bicycle, when
13taking driver training instruction administered by the California
14National Guard.
15(f) The department may also issue an instruction permit to a
16person who has been issued a valid driver’s license to authorize
17the person to obtain driver training instruction and to practice that
18instruction in order to obtain another class of driver’s license or
19an endorsement.
20(g) The department may further restrict permits issued under
21
subdivision (a) as it may determine to be appropriate to ensure the
22safe operation of a motor vehicle by the permittee.
Section 12814.9 is added to the Vehicle Code, to read:
(a) For purposes of paragraph (5) of subdivision (a)
25of Section 12509, the department shall not issue a driver’s license
26to a person who is 18 years of age or older unless the person meets
27the following requirements:
28(1) The person shall have held an instruction permit prior to
29applying for a driver’s license. The department shall issue the
30instruction permit upon satisfactory completion of a written
31examination.
32(2) Satisfactory completion of a driver education program that
33is approved by the department. The driver education program may
34be conducted through the Internet or by a driving instructor licensed
35under Chapter 1 (commencing with Section 11100) of Division 5.
36(3) Satisfactory completion of a driving test, as required by the
37department.
38(b) Before retaking an examination or test required by this
39section, the person shall wait for not less than one week after failure
P4 1of the written test and for not less than two weeks after failure of
2the driving test.
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