BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1024 Hearing Date: 6/16/2015
-----------------------------------------------------------------
|Author: |Beth Gaines |
|----------+------------------------------------------------------|
|Version: |4/14/2015 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Erin Riches |
|: | |
-----------------------------------------------------------------
SUBJECT: Driving schools
DIGEST: This bill reduces the education requirement for driving
school operators.
ANALYSIS:
New Drivers Under 18 Years of Age
Existing law establishes a provisional driver's license program
for individuals between 16 and 18 years of age. Under this
program, an individual who is 15 years and six months or older
and has completed DMV-approved driver education and training
classes (25 hours of instruction through a classroom, home
study, or Internet course), may apply to the Department of Motor
Vehicles (DMV) for a learner's permit. Once the individual has
held the permit for at least six months, and has completed at
least six hours of behind-the-wheel training and 50 hours of
supervised driving practice, among other requirements, he or she
may apply for a provisional driver's license. This license
carries certain restrictions, such as limits on nighttime
driving; once the individual turns 18, he or she can apply for a
regular driver's license.
Driving School Owners
Existing law requires a driving school owner to be licensed by
DMV. The owner must meet the following requirements within one
year of applying for a license:
AB 1024 (Beth Gaines) Page 2 of ?
1)Maintain an established place of business open to the public;
2)Have the proper equipment necessary to give instruction in the
operation of the class of vehicles for which the course is
designed;
3)File with DMV a $10,000 bond and meet related requirements;
and
4)Meet the requirements for a driving school operator, or
designate an operator to meet these requirements if the owner
is not the operator.
Driving School Operator
Existing law requires a driving school operator to be licensed
by DMV. The operator must meet the following requirements
within one year of applying for a license:
1)Within three attempts, pass a written examination 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 to DMV a $100 fee to cover the written exam(s).
3)Be 21 years or older.
4)Have worked for an established, licensed California driving
school as a driving instructor for at least 2,000 hours of
behind-the-wheel teaching and have successfully completed a
course in the teaching of driver education.
Driving School Instructor
Existing law requires a driving school instructor to be licensed
by DMV. The instructor must meet the following requirements
within one year of applying for a license:
1)Have a high school education or equivalent;
2)Have successfully completed a course in the teaching of driver
education and driver training, including at least 40 hours of
classroom instruction and at least 20 hours of
behind-the-wheel instruction;
AB 1024 (Beth Gaines) Page 3 of ?
3)Within three attempts, pass a written examination required by
DMV on traffic laws, safe driving practices, operation of
motor vehicles, and teaching methods and techniques;
4)Be physically able to safely operate a motor vehicle and to
train others to operate a motor vehicle;
5)Hold a valid California driver's license in a class
appropriate to the type of vehicle for which instruction will
be given;
6)Not be identified by DMV as a negligent operator;
7)Have a clean driving record; and
8)Be 21 years or older.
If an applicant is disabled, DMV may issue a driving school
instructor's license restricted to classroom driver education
instruction only.
This bill requires, beginning July 1, 2016, an individual who is
applying for a first license to operate an Internet-based
driving school that does not offer behind-the-wheel training to
meet the following requirements:
1)Within three attempts, pass a written examination 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 to DMV a fee for each examination taken, not to exceed
the reasonable cost of administering the examination.
3)Be 21 years or older.
4)Have successfully completed an educational program of at least
eight hours. This program shall include, but not be limited
to, driving school operator responsibilities and current
vehicle laws and regulations. This 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
AB 1024 (Beth Gaines) Page 4 of ?
programs acceptable to DMV.
COMMENTS:
1)Purpose. The author states that an operator of a driving
school that provides only driver's education, in an online or
home-based study program, is required to complete the same
2,000-hour instruction requirement as an operator of a driving
school that also provides behind-the-wheel training. The
author states that requiring 2,000 hours of behind-the-wheel
instruction is an unnecessary regulatory burden on
Internet-based companies that are not providing driver's
training instruction.
2)The changing world of driving school. In the past, teenagers
could take driver's education and driver's training classes as
part of their high school curriculum. However, with budget
cuts this instruction faded away, and driving schools
materialized to fill the void. When the Legislature and DMV
first began regulating driving schools, a student typically
went to a "brick-and-mortar" driving school for both driver's
education and driver's training. Now, however, there are many
Internet driving schools offering driver's education.
3)Operator requirements. Although a driving school instructor
must complete 60 hours of coursework (40 hours in the
classroom and 20 hours behind the wheel), a driving school
operator must complete 2,000 hours of behind-the-wheel
instruction. The operator oversees the business operations
and instructors and is also expected to be familiar with all
of the laws relating to the subject matter being taught,
answer any consumer questions or customer complaints, and
ensure that the school is being operated in accordance with
all laws. The Legislature increased the requirement from
1,000 hours to 2,000 hours a number of years ago (SB 1112,
Knight, Chapter 243, Statutes of 2000) in order to help ensure
that an operator had at least two years of experience.
Traditionally, operators were often teachers who "promoted up"
to operator, or left to start their own school. In such
cases, the significant behind-the-wheel requirement was not a
barrier because anyone who had taught for a year had already
met it. Now, however, there are many Internet driving schools
which offer only driver's education. The sponsor of this
bill, the Distance Learning Company, states that "there is no
AB 1024 (Beth Gaines) Page 5 of ?
logic to requiring a full year of behind-the-wheel teaching
for an operator of an entirely online program" and that it is
time to modernize the operator licensing requirements.
4)Should an instructor have more training than an operator?
Under this bill, an instructor would still be required to
complete 60 hours of instruction, including 20 hours of
behind-the-wheel instruction, but an operator would only have
to complete eight hours, which could be entirely online. The
author will accept amendments to increase the eight-hour
requirement to 60 hours (including 20 hours of
behind-the-wheel instruction), to align with the instructor
requirement.
5)Unfair advantage to online schools? By exempting online
schools from the 2,000-hour requirement, this bill effectively
gives online driving schools a significant competitive
advantage over brick-and-mortar schools that offer both
driver's education and driver's training. It is unclear how
many brick-and-mortar schools offer driver's education only as
compared to schools that offer both driver's education and
training. The author will accept amendments to revise the
2,000-hour requirement for operators of all driving schools
that offer only driver's education, not just Internet schools.
6)Opposition arguments. Writing in opposition to this bill, the
Driving School Association of California states that the
2,000-hour requirement ensures that driving school operators
are "experienced individuals who have a complete working
knowledge of the complex fields of driver education and driver
safety as well as a thorough understanding of the underlying
laws, codes, and Department of Motor Vehicle regulations
required to operate a driving school." The association argues
that the operator is the sole conduit between the school and
DMV and is responsible for ensuring that the education program
delivered to the public meets DMV standards. The driving
school operator also hires and trains instructors. The
association states that this bill would damage the quality and
credibility of the driving school industry and of driver
education for novice drivers.
Assembly Votes:
Floor: 79-0
Appr: 17-0
AB 1024 (Beth Gaines) Page 6 of ?
Trans: 14-1
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 10, 2015.)
SUPPORT:
Distance Learning Company (sponsor)
OPPOSITION:
A1 Driving School of California
A1 Traffic School
Bay Area Driving School
Dollar Driving School, Inc.
Drive Star Driving School
Driving School Association of California
Santa Fe Driving and Traffic School
West Point Driving School
Driver's Ed.com
-- END --