BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 235 Hearing Date: 6/23/2015
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|Author: |Frazier |
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|Version: |2/5/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Driver's licenses: provisional licenses
DIGEST: This bill expands restrictions on driving for
provisional licensees from the first 12 months to the entire
period of the provisional license.
ANALYSIS:
Existing law:
1)Establishes a provisional driver's license program for
individuals between 16 and 18 years of age.
2)Provides that prior to issuing a provisional license, the
Department of Motor Vehicles (DMV) shall issue an instruction
permit, commonly known as a learner's permit. An individual
must be at least 15 years and six months old to apply for a
learner's permit, and must have taken, or be enrolled in,
driver education and training classes. The learner's permit
authorizes the holder to operate a motor vehicle only when he
or she is either taking a driver training class or is
practicing under the immediate supervision of a California
licensed driver 25 years or older.
3)Prohibits a learner's permit holder from applying for a
provisional driver's license until he or she has held the
permit for at least six months. Requires a permit holder,
prior to applying for a provisional license, to successfully
complete driver education and training classes; at least six
AB 235 (Frazier) Page 2 of ?
hours of behind-the-wheel training; 50 hours of supervised
driving practice, including at least 10 hours of nighttime
driving; and an exam required by DMV.
4)Prohibits, during the first 12 months, a provisional licensee
from driving between the hours of 11 p.m. and 5 a.m. or from
transporting passengers who are under 20 years old, unless
accompanied by the provisional license holder's parent or
guardian, a licensed driver who is 25 years or older, or a
licensed and certified driving instructor. Provides
exceptions for medical necessity, school activities, job
necessity, need to transport an immediate family member, or if
the licensee is an emancipated minor.
5)Allows an individual 18 years or older to apply for an
original driver's license by passing a traffic laws and signs
test, among other requirements. Provides that an individual
18 years or older who holds a learner's permit must be
accompanied by another individual 18 years or older when
practicing driving. Provides that this individual may
schedule a driving test at DMV at any time once he or she has
obtained the learner's permit.
This bill provides that a provisional licensee is subject to
certain restrictions on driving during the entire time he or she
holds the provisional license, not just during the first 12
months.
COMMENTS:
1)Purpose. Every state has enacted graduated driver's licensing
(GDL) laws. These laws, which make it more difficult for
teenagers to obtain driver's licenses, aim to enable teenagers
to gain valuable driving experience in low-risk driving
situations. The author states that in 1995, prior to the
widespread introduction of GDL in the U.S., drivers aged 16-17
suffered a fatal crash involvement rate of 37 per 100,000
population. By 2010, the fatal crash involvement rate for
this age group had dropped by 57%. The author states that
while GDL has been effective in reducing novice driver crash
rates, motor vehicle crashes are the leading cause of death
for teenagers in the U.S., accounting for nearly one-third of
all deaths of 16- to 19-year-olds. In addition, teenage
drivers have the highest rate of involvement in crashes that
result in the death of other people, such as their passengers,
AB 235 (Frazier) Page 3 of ?
pedestrians, or drivers and passengers in other vehicles.
2)California's GDL system. Prior to 1998, California law
allowed teenagers aged 16 to 18 years to obtain a learner's
permit or provisional driver's license with only minimal
restrictions, such as requiring an individual to hold a permit
for at least 30 days before applying for a provisional
license. SB 1329 (Leslie, Chapter 760, Statutes of 1997)
enacted the state's initial GDL system, including the
six-month learner's permit period, nighttime driving ban, and
supervised driving provisions. AB 1747 (Maze, Chapter 337,
Statutes of 2005) extended the ban on nighttime driving and on
transporting passengers under 20 years of age to 12 months.
It also expanded the nighttime ban by one hour.
3)Are increased driving restrictions the answer? The Automobile
Club of Southern California, writing in support of this bill,
states that since 1997, when California instituted its GDL
program, at-fault deaths and injuries of 16- and 17-year-old
drivers have dropped by 70% and 51%, respectively. Extensive
research shows that crash risk for teen drivers under 18
increases sharply at night and with other young passengers.
This bill addresses this risk by expanding these restrictions
for provisional licensees. However, a 2011 study conducted by
DMV and the University of North Carolina found that while GDL
led to fewer fatal accidents among 16-year-old drivers, fatal
accidents for 18-year-old drivers increased during the same
period. The committee may wish to consider whether making the
GDL program even more restrictive could encourage some teens
to simply wait until they turn 18, when they can obtain a
license without GDL training and education requirements.
4)Previous legislation. AB 1801 (Frazier) of 2014, which was
almost identical to this bill, was held on the Assembly
Appropriations Committee suspense file.
AB 1113 (Frazier) of 2013 was similar to this bill, but
included additional provisions such as increasing from six to
nine months the minimum time an individual must hold a
learner's permit before applying for a driver's license;
increasing the age of passengers a provisional licensee could
transport to 21 years of age; extending nighttime driving
restrictions to 10 p.m. to 5 a.m.; and prohibiting DMV from
issuing a provisional license or full license to a driver who
does not have a six-month period of conviction-free driving.
AB 235 (Frazier) Page 4 of ?
This bill was passed by this committee on an 11-0 vote, but
was subsequently vetoed by Governor Brown. His veto message
directed DMV, the California Highway Patrol, and the Office of
Traffic Safety to implement a teen driver training and
education program to improve safety for provisional drivers.
This program is currently under development.
AB 724 (Cooley) of 2013 would have extended the provisional
driver's license requirements to those under age 20 instead of
those under age 18. AB 724 was held on the Assembly
Appropriations Committee suspense file.
Assembly Votes:
Floor: 63-12
Appr: 16-0
Trans: 14-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 17, 2015.)
SUPPORT:
Allstate Insurance Company (sponsor)
Automobile Club of Southern California
California Association of Highway Patrolmen
California State PTA
California State Sheriffs Association
Consumers for Auto Reliability and Safety
Impact Teen Drivers
Personal Insurance Federation of California
OPPOSITION:
None received
AB 235 (Frazier) Page 5 of ?
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