Amended in Senate June 14, 2016

Amended in Assembly April 5, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1932

Introduced by Assembly Member Obernolte

February 12, 2016

An act to begin delete amend Section 2932 of, and to add Section 42005.2 to, end delete begin insert add Section 11223 to end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1932, as amended, Obernolte. Vehicles: motorcycle safety training.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. begin delete Existing law authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit persons who hold a specified noncommercial driver’s license, or certain persons who hold a specified commercial driver’s license, to attend a licensed traffic violator school. Existing law authorizes the court to continue a proceeding against that person in consideration of successful completion of a course of instruction at the licensed traffic violator school. Existing law prohibits a court from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense, if the offense occurred in a commercial vehicle or is one of specified driving offenses. end delete begin insert Existing law authorizes the Director of Motor Vehicles to prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education, including curriculum, facilities, and equipment. end insert

Existing law establishes a motorcyclist safety program, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for a novice rider training course and a premier motorcyclist safety training program.

begin delete

This bill would authorize a person who is ordered or permitted to complete a course of instruction at a licensed traffic violator school under the circumstances described above as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course, as specified. The bill would authorize the Commissioner of the California Highway Patrol to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for the advanced-level motorcyclist safety training course, as specified.

end delete begin insert

This bill would authorize a motorcyclist safety training program that is licensed as a traffic violator school to administer an advanced-level motorcyclist training course, and would authorize the course to include instruction specific to the safe and lawful operation of motorcycles in addition to the curriculum prescribed by the department for traffic violator schools.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11223 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 11223. end insert   

A motorcyclist safety training program established
pursuant to Article 2 (commencing with Section 2930) of Chapter
5 of Division 2 that is licensed by the department as a traffic
violator school may administer an advanced-level motorcyclist
training course. In addition to the curriculum prescribed by the
department pursuant to Section 11219, the advanced-level
motorcyclist training course may include instruction specific to
the safe and lawful operation of motorcycles in accordance with
Section 2932.

end insert

begin delete

SECTION 1.  

Section 2932 of the Vehicle Code is amended to
read:

2932.  

The commissioner may, through contracts with other
public agencies or with private entities, do all of the following:

(a) Provide financial or other support to projects aimed at
enhancing motorcycle operation and safety, including, but not
limited to, motorcyclist safety training programs. The motorcyclist
safety training programs shall comply with criteria that the
commissioner, in consultation with other state agencies and
national motorcycle safety organizations, may adopt to provide
validated motorcyclist safety training programs in the state.

(b) Sponsor and coordinate efforts aimed at increasing motorists’
awareness of motorcyclists.

(c) Sponsor research into effective communication techniques
to reach all highway users on matters of motorcyclist safety.

(d) Establish an advisory committee of persons from other state
and local agencies with an interest in motorcycle safety; persons
from the motorcycle industry; motorcycle safety organizations;
motorcycle enthusiast organizations; and others with an interest
in motorcycle safety, to assist in the establishment of a
comprehensive program of motorcycle safety.

(e) Adopt standards for course content, contact hours,
curriculum, instructor training and testing, and instructional quality
control, and setting forth a maximum amount for course fees for
the novice rider training course specified in subdivisions (g) and
(i) of Section 12804.9.

(f) (1) Adopt standards for course content, contact hours,
curriculum, instructor training and testing, and instructional quality
control, for a premier motorcyclist safety training program.
Motorcycle safety training courses offered under a premier
motorcyclist safety training program shall meet all of the following
requirements:

(A) Provide a core curriculum approved for the novice rider
training course specified in subdivision (e).

(B) Additional course requirements established by the
commissioner.

(2) On and after January 1, 2008, the commissioner shall not
impose a maximum amount for course fees for courses provided
under the premier motorcyclist safety training program.

(3) All administrative costs of a premier motorcyclist safety
training program shall be paid for by the provider, and none of the
costs shall be paid for by the state.

(g) Adopt standards for course content, contact hours,
curriculum, instructor training and testing, and instructional quality
control for an advanced-level motorcyclist training course.

(1) Safety instruction in the advanced-level motorcyclist training
course shall be consistent with the curriculum prescribed by the
department for traffic violator schools pursuant to Section 11202,
including instruction specific to the safe and lawful operation of
motorcycles.

(2) The standards for instructors and operators of the
advanced-level motorcyclist training shall be consistent with the
standards prescribed by the department for instructors and operators
of traffic violator schools pursuant to Section 11206.

SEC. 2.  

Section 42005.2 is added to the Vehicle Code, to read:

42005.2.  

A person ordered or permitted to complete a course
of instruction at a licensed traffic violator school pursuant to
Section 41501 or 42005 as a result of an offense committed while
operating a motorcycle may instead complete an advanced-level
motorcyclist safety training course established pursuant to Article
2 (commencing with Section 2930) of Chapter 5 of Division 2.
The person’s completion of that training course constitutes
completion of a course of instruction at a licensed traffic violator
school for the purposes of this code.

end delete