BILL NUMBER: AB 1932 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Obernolte
FEBRUARY 12, 2016
An act to amend Section 2932 of, and to add Section
42005.2 to, add Section 11223 to 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. 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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11223 is added to the
Vehicle Code , to read:
11223. 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.
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.