California Legislature—2015–16 Regular Session

Assembly Bill No. 1024

Introduced by Assembly Member Beth Gaines

February 26, 2015

An act to amend Sections 11102.5 and 11104 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1024, as introduced, Beth Gaines. Driving schools.

Existing law requires a person who is licensed as a driving school operator by the Department of Motor Vehicles to meet specified requirements, and provides for disciplinary action against those licensees who commit certain acts. Existing law specifies certain requirements that a driving school operator must satisfy, including, among others, passing an examination, within 3 attempts, on traffic laws, safe driving practices, the operation of motor vehicles, and other topics. Existing law requires the operator to have worked as a driving instructor for a specified number of hours, as provided.

This bill would additionally require driving school operators who operate Internet and home study driving schools to successfully complete an 8-hour educational program acceptable to the department with specified content, including operator responsibilities and current laws, and would exempt these driving school operators from the requirement of having worked as a driving instructor for a specified number of hours.

Existing law requires certain qualifications to be satisfied in order to be a driving instructor, including, among others, that the person be physically able to safely operate a motor vehicle and to train others in the operation of motor vehicles, and that the person hold a valid California driver’s license in a class appropriate for the type of vehicle in which instruction will be given.

This bill would require only classroom-based driving school driving instructors to satisfy the 2 above-described qualifications. The bill would require Internet and home-study driving school instructors to hold a class C driver’s license.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11102.5 of the Vehicle Code is amended
to read:

11102.5.  

(a) A driving school operator shall meet all of the
following requirements:

(1) Within three attempts, pass an examination that the
department requires on traffic laws, safe driving practices,
operation of motor vehicles, teaching methods and techniques,
driving school statutes and regulations, and office procedures and
recordkeeping.

(2) Pay the department a fee of one hundred dollars ($100),
which shall entitle the applicant to three examinations.

(3) Be 21 years of age or older.

begin insert

(4) For Internet and home study driving schools, have
successfully completed an educational program of not less than
eight hours that is acceptable to the department. The program
shall include, but not be limited to, driving school operator
responsibilities, current vehicle laws, and regulations in Article
4 of Title 13 of the California Code of Regulations. The instruction
may be provided by generally accredited educational institutions,
private vocational schools, and education programs and seminars
offered by professional societies, organizations, trade associations,
and other educational and technical programs that meet the
requirements of this section.

end insert begin delete

(4) Have

end delete

begin insert (5) end insert begin insert   end insert begin insert For classroom-based driving schools, have end insert worked for an
established licensed California driving school as a driving instructor
for a period of not less than 2,000 hours of actual behind-the-wheel
teaching and, on and after July 1, 1973, have satisfactorily
completed a course in the teaching of driver education and driver
training acceptable to the department, except that the operator,
including an owner who is also the operator, of a driving school
that exclusively teaches motorcycle driving may, in lieu of the
behind-the-wheel teaching requirement, have worked for an
established licensed California driving school as a motorcycle
driving instructor for not less than 300 hours of actual motorcycle
range and street teaching, have taught 300 hours of actual
motorcycle range and street instruction under the guidance of the
Motorcycle Safety Foundation, or have given comparable training
instruction that is acceptable to the department. This paragraph
does not apply to any person who is certified by the State
Department of Education as fully qualified to teach driver
education and driver training and has taught those subjects in the
public school system for not less than 1,000 hours.

(b) The qualifying requirements referred to in this section shall
be met within one year from the date of application for a license,
or a new application, examination, and a fee shall be required.

SEC. 2.  

Section 11104 of the Vehicle Code is amended to read:

11104.  

(a) Every person, in order to qualify as a driving
instructor, as defined in Section 310.4, shall meet all of the
following requirements:

(1) On and after July 1, 1973, have a high school education or
its equivalent and have satisfactorily completed a course in the
teaching of driver education and driver training acceptable to the
department.

(2) Within three attempts, pass an examination that the
department requires on traffic laws, safe driving practices,
operation of motor vehicles, and teaching methods and techniques.

(3)  begin delete Be end delete begin insert For classroom-based driving school instructors, be end insert
physically able to safely operate a motor vehicle and to train others
in the operation of motor vehicles.

(4)  begin delete Hold end delete begin insert For classroom-based driving school instructors, hold end insert
a valid California driver’s license in a class appropriate for the
type of vehicle in which instruction will be given.

begin insert

(5) For Internet and home study driving school instructors, hold
a class C driver’s license.

end insert begin delete

(5)

end delete

begin insert (6) end insert  Not be on probation to the department as a negligent
operator.

begin delete

(6)

end delete

begin insert (7) end insert  Have a driving record begin delete that does not have an end delete begin insert without any end insert
outstanding notice for violating a written promise to appear in
court or for willfully failing to pay a lawfully imposed fine, as
provided in Section 40509.

begin delete

(7)

end delete

begin insert (8) end insert  Be 21 years of age or older.

(b)  begin delete If end delete begin insert For classroom-based driving school instructors, if end insert an
applicant cannot meet the requirements of paragraphs (3) and (4)
of subdivision (a) because of a physical disability, the department
may, at its discretion, issue the applicant a driving school
instructor’s license restricted to classroom driver education
instruction only.

(c) The qualifying requirements referred to in this section shall
be met within one year from the date of application for a license,
or a new application, examination, and a fee shall be required.