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 ----------------------------------------------------------------- |Author: |Frazier | |----------+------------------------------------------------------| |Version: |2/5/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- 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 ? -- END --