BILL NUMBER: AB 1024	INTRODUCED
	BILL TEXT


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. 
   (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.
 
   (4) Have 
    (5)     For classroom-based driving
schools, have  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)  Be   For   classroom-based
driving school instructors, be  physically able to safely
operate a motor vehicle and to train others in the operation of motor
vehicles.
   (4)  Hold   For classroom-based driving
school instructors, hold  a valid California driver's license in
a class appropriate for the type of vehicle in which instruction
will be given. 
   (5) For Internet and home study driving school instructors, hold a
class C driver's license.  
   (5) 
    (6)  Not be on probation to the department as a
negligent operator. 
   (6) 
    (7)  Have a driving record  that does not have
an   without any  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. 
   (7) 
    (8)  Be 21 years of age or older.
   (b)  If   For classroom-based driving school
instructors, if  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.