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  







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            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,  








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            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.   








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            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











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