BILL ANALYSIS Ó
AB 1024
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CONCURRENCE IN SENATE AMENDMENTS
AB
1024 (Beth Gaines)
As Amended June 18, 2015
Majority vote
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|ASSEMBLY: | 79-0 | (May 14, |SENATE: |40-0 | (September 2, |
| | |2015) | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Establishes alternative licensing requirements for
operators of driver education schools that do not provide
behind-the-wheel driver training instruction, as specified.
Specifies that these requirements are to commence for new
operators on or after July 1, 2016.
The Senate amendments:
1)Clarify that on or after July 1, 2016, a new driver education
operator that only provides driver education coursework and no
behind-the-wheel instruction will be subject to the
occupational licensing requirements specified in this bill.
2)Change the operator's required educational training to obtain
an occupational license from eight to 60 hours.
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EXISTING LAW:
1)Requires Department of Motor Vehicles (DMV) to establish
occupational licensing requirements for driving school
operators.
2)Requires driver school operators to meet a number of
requirements including, passing a DMV-administered
examination, be age 21 or older, and serve as a behind the
wheel driving instructor for a minimum of 2,000 hours.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)The 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)
2)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)
3)Minor driving school owner and operator licensing revenues,
less than $10,000 annually, beginning in 2016-17. (Motor
Vehicle Account)
COMMENTS: Currently a minor between 15 and a half years old and
18 years old interested in obtaining a driver's license under
DMV's graduated driver's license program (GDL) must first
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complete both a driver's education course and a six-hour
behind-the-wheel driver's training course. The driver's
education course includes information on a variety of topics
including the basic fundamentals of being a safe and responsible
driver, a review of pertinent driving laws, and GDL program
restrictions. Additionally, behind-the-wheel driver's training
allows the minor to practice basic driving skills under the
supervision of an instructor. Once a minor has successfully
completed both their driver's education course and driver's
training course, the next step is to take DMV's written test to
obtain a learner's permit.
DMV licenses and approves all owners, operators, and instructors
of driver's education and driver's training courses. DMV also
establishes course curricula, conducts monitoring activities,
and performs other regulatory functions. Driver's education
operators and instructors are also subject to separate licensing
requirements due to their differing responsibilities -
instructors provide coursework instruction and engage with
students, whereas operators carry out administrative functions,
oversee instructors, and, at times, provide instruction.
Students are also provided a wide range of driver's education
and training courses including classroom only driver's
education, combined classroom driver's education and
behind-the-wheel training, home study driver's education,
Internet-based driver's education, and separate driver's
training instruction.
The author introduced this bill on behalf of the sponsor to
eliminate what she believes is an unnecessary requirement for
Internet-based driver's education operators. Presently a
driver's education operator must meet a number of requirements
in order to obtain a DMV-issued occupational license including
serving as a driving instructor for a minimum of 2,000 hours.
While these requirements ensured an operator was adequately
trained to manage both driver's education and training courses
20 years ago, the use of Internet-based companies solely
providing driver's education courses has steadily increased.
These online courses typically provide only driver's education
coursework and then, upon successful completion, refer the
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student to local driver's training courses. An available
instructor or operator is required to be available via online
chat or through a customer service line to answer any questions
a student may pose. Thus, an operator rarely, if at all,
engages in person with a student. These particular set of
operator requirements originally tailored for the
classroom-based driver's education and training model has left
many Internet-based driver's education companies struggling to
hire or replace operators within a reasonable period, in turn,
jeopardizing the company's ability to conduct business.
This bill provides an alternative set of occupational licensing
requirements for certain new operators. Senate amendments align
a driver education operator's training requirements to similar
existing requirements for driver education instructors and also
expands the new requirements to any operator that solely
provides driver education instruction. Notably, this bill
replaces the 2,000-hour behind-the-wheel instructor requirement
with a 60 hour mandatory driver's education program that must be
successfully completed.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0001734