BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1024|
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THIRD READING
Bill No: AB 1024
Author: Beth Gaines (R), et al.
Amended: 6/18/15 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/16/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 5/14/15 - See last page for vote
SUBJECT: Driving schools
SOURCE: Distance Learning Company
DIGEST: This bill reduces the education requirement for
driving school operators.
ANALYSIS:
Existing law:
New Drivers Under 18 Years of Age
1)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
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and has completed Department of Motor Vehicles (DMV)-approved
driver education and training classes (25 hours of instruction
through a classroom, home study, or Internet course), may
apply to the 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
2)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:
a) Maintain an established place of business open to the
public;
b) Have the proper equipment necessary to give instruction
in the operation of the class of vehicles for which the
course is designed;
c) File with DMV a $10,000 bond and meet related
requirements; and
d) 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 Operators
3)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:
a) 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.
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b) Pay to DMV a $100 fee to cover the written exam(s).
c) Be 21 years or older.
d) 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 Instructors
4)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:
a) Have a high school education or equivalent;
b) 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;
c) 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;
d) Be physically able to safely operate a motor vehicle and
to train others to operate a motor vehicle;
e) Hold a valid California driver's license in a class
appropriate to the type of vehicle for which instruction
will be given;
f) Not be identified by DMV as a negligent operator;
g) Have a clean driving record; and
h) 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.
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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
60 hours, including at least 40 hours of classroom instruction
and 20 hours of behind-the-wheel instruction. 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 programs acceptable to DMV.
Comments
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.
The changing world of driving schools. 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
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"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.
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 with 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 source of this bill, the
Distance Learning Company, states that "there is no 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.
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 DMV regulations required to operate a driving school." The
Association argues that the operator is the sole conduit between
the school and the 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 will damage the quality
and credibility of the driving school industry and of driver
education for novice drivers.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations
Committee:
DMV estimates one-time implementation costs of approximately
$170,000 to adopt operator educational program requirements,
make necessary programming changes to implement new licensing
codes and fees, and update publications and forms. (Motor
Vehicle Account)
DMV estimates ongoing administrative costs of $170,000 in
2015-16, $129,000 in 2016-17, and $86,000 annually thereafter
for operator education curriculum approval, new driving school
curriculum approval, and monitoring and oversight of
additional schools. (Motor Vehicle Account)
Minor driving school owner and operator licensing revenues,
less than $10,000 annually, beginning in 2016-17. (Motor
Vehicle Account)
SUPPORT: (Verified8/27/15)
Distance Learning Company (source)
OPPOSITION: (Verified8/27/15)
A1 Driving School of California
A1 Traffic School
Bay Area Driving School
Condor Driving School
Dollar Driving School, Inc.
Drive Star Driving School
Driver's Ed.com
Driving School Association of California
Santa Fe Driving and Traffic School
Teen Driving Online
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West Point Driving School
ASSEMBLY FLOOR: 79-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bonta
Prepared by:Erin Riches / T. & H. / (916) 651-4121
8/31/15 9:06:03
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