Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1024


Introduced by Assembly Member Beth Gaines

February 26, 2015


An act tobegin delete amend Sections 11102.5 and 11104 ofend deletebegin insert add Sectionend insertbegin insert 11102.6 end insertbegin inserttoend insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1024, as amended, 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 wouldbegin delete additionallyend delete require driving school operatorsbegin insert who are first licensed on or after July 1, 2016, andend insert who operate Internetbegin delete and home studyend delete driving schoolsbegin insert with no behind-the-wheel driver training,end insert to successfully complete an 8-hour educational program acceptable to the department with specified content, including operator responsibilities and current laws,begin delete and would exempt these driving school operators fromend deletebegin insert instead of meetingend insert the requirement of having worked as a driving instructor for a specified number of hours.

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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.

end delete
begin delete

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.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11102.6 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert11102.6.end insert  

(a) Notwithstanding Section 11102.5, a driving school
4operator who is first licensed to operate a driving school on or
5after July 1, 2016, whose sole method of instruction is
6Internet-based driver education, and who offers no
7behind-the-wheel driver training, shall meet all of the following
8requirements:

9(1) Within three attempts, pass an examination that the
10department requires on traffic laws, safe driving practices,
11operation of motor vehicles, teaching methods and techniques,
12driving school statutes and regulations, and office procedures and
13recordkeeping.

14(2) Pay the department a fee for each examination taken, not
15to exceed the reasonable cost of administering the examination.

16(3) Be 21 years of age or older.

17(4) Have successfully completed an educational program of not
18less than eight hours that is acceptable to the department. The
19program shall include, but not be limited to, driving school
20operator responsibilities, current vehicle laws, and regulations in
21Article 4.6 of Chapter 1 of Title 13 of the California Code of
22Regulations. The instruction may be provided by generally
23accredited educational institutions, private vocational schools,
24and education programs and seminars offered by professional
25societies, organizations, trade associations, and other educational
26and technical programs that meet the requirements of this section.

P3    1(b) The qualifying requirements referred to in this section shall
2be met within one year from the date of application for a license,
3or a new application, examination, and a fee for the examination
4not to exceed the reasonable cost of administering the examination
5shall be required.

end insert
begin delete

  

6

SECTION 1.  

Section 11102.5 of the Vehicle Code is amended
7to read:

8

11102.5.  

(a) A driving school operator shall meet all of the
9following requirements:

10(1) Within three attempts, pass an examination that the
11department requires on traffic laws, safe driving practices,
12operation of motor vehicles, teaching methods and techniques,
13driving school statutes and regulations, and office procedures and
14recordkeeping.

15(2) Pay the department a fee of one hundred dollars ($100),
16which shall entitle the applicant to three examinations.

17(3) Be 21 years of age or older.

18(4) For Internet and home study driving schools, have
19successfully completed an educational program of not less than
20eight hours that is acceptable to the department. The program shall
21include, but not be limited to, driving school operator
22responsibilities, current vehicle laws, and regulations in Article 4
23of Title 13 of the California Code of Regulations. The instruction
24may be provided by generally accredited educational institutions,
25private vocational schools, and education programs and seminars
26offered by professional societies, organizations, trade associations,
27and other educational and technical programs that meet the
28requirements of this section.

29(5) For classroom-based driving schools, have worked for an
30established licensed California driving school as a driving instructor
31for a period of not less than 2,000 hours of actual behind-the-wheel
32teaching and, on and after July 1, 1973, have satisfactorily
33completed a course in the teaching of driver education and driver
34training acceptable to the department, except that the operator,
35including an owner who is also the operator, of a driving school
36that exclusively teaches motorcycle driving may, in lieu of the
37behind-the-wheel teaching requirement, have worked for an
38established licensed California driving school as a motorcycle
39driving instructor for not less than 300 hours of actual motorcycle
40range and street teaching, have taught 300 hours of actual
P4    1motorcycle range and street instruction under the guidance of the
2Motorcycle Safety Foundation, or have given comparable training
3instruction that is acceptable to the department. This paragraph
4does not apply to any person who is certified by the State
5Department of Education as fully qualified to teach driver
6education and driver training and has taught those subjects in the
7public school system for not less than 1,000 hours.

8(b) The qualifying requirements referred to in this section shall
9be met within one year from the date of application for a license,
10or a new application, examination, and a fee shall be required.

11

SEC. 2.  

Section 11104 of the Vehicle Code is amended to read:

12

11104.  

(a) Every person, in order to qualify as a driving
13instructor, as defined in Section 310.4, shall meet all of the
14following requirements:

15(1) On and after July 1, 1973, have a high school education or
16its equivalent and have satisfactorily completed a course in the
17teaching of driver education and driver training acceptable to the
18department.

19(2) Within three attempts, pass an examination that the
20department requires on traffic laws, safe driving practices,
21operation of motor vehicles, and teaching methods and techniques.

22(3) For classroom-based driving school instructors, be physically
23able to safely operate a motor vehicle and to train others in the
24operation of motor vehicles.

25(4) For classroom-based driving school instructors, hold a valid
26California driver’s license in a class appropriate for the type of
27vehicle in which instruction will be given.

28(5) For Internet and home study driving school instructors, hold
29a class C driver’s license.

30(6) Not be on probation to the department as a negligent
31operator.

32(7) Have a driving record without any outstanding notice for
33violating a written promise to appear in court or for willfully failing
34to pay a lawfully imposed fine, as provided in Section 40509.

35(8) Be 21 years of age or older.

36(b) For classroom-based driving school instructors, if an
37applicant cannot meet the requirements of paragraphs (3) and (4)
38of subdivision (a) because of a physical disability, the department
39may, at its discretion, issue the applicant a driving school
P5    1instructor’s license restricted to classroom driver education
2instruction only.

3(c) The qualifying requirements referred to in this section shall
4be met within one year from the date of application for a license,
5or a new application, examination, and a fee shall be required.

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