BILL ANALYSIS Ó
AB 1932
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Date of Hearing: April 11, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1932
(Obernolte) - As Amended April 5, 2016
SUBJECT: Vehicles: motorcycle safety training
SUMMARY: Authorizes a person who is ordered or permitted to
complete traffic school as a result of an offense committed
while operating a motorcycle to instead complete an
advanced-level motorcyclist safety training course established
by the Department of the California Highway Patrol (CHP).
Authorizes CHP to establish such a program.
EXISTING LAW:
1)Authorizes the California Department of Motor Vehicles (DMV)
to refuse to issue or renew a person's driver's license if the
department determines that the applicant is a negligent or
incompetent operator of a motor vehicle.
2)Requires DMV to presume a person whose driving record shows a
specified number of violation points in a specified period of
time to be a negligent operator of a motor vehicle.
3)Requires DMV to license and administer traffic violator
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schools, operators, and instructors.
4)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 a person to attend a licensed
traffic violator school.
5)Requires the court to continue a proceeding against a person
in consideration of the successful completion of a course of
instruction at a licensed traffic school and authorizes the
court to order that the conviction be held confidential, as
specified.
6)Prohibits a violation point from being assessed to a person's
driving record if the conviction resulting in the point
assessment is held confidential.
7)Requires CHP to administer a motorcycle safety program, as
specified.
FISCAL EFFECT: Unknown.
COMMENTS: When a court adjudicates a certain type of traffic
offense, it may order or permit a person who has deposited bail,
pled guilty or no contest, or been convicted to attend traffic
violator school. If a person successfully completes a course of
instruction at a traffic violator school, the record of the
conviction may be ordered to be held confidential, except for
DMV's statistical purposes, and a violation point will not be
assessed on that person's driving record. Only the first
conviction in an 18-month period may be ordered to be held
confidential, and any subsequent conviction in that period will
result in a point being assessed. A conviction cannot be held
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confidential if it is the result of certain types of violations,
including driving under the influence of drugs or alcohol,
leaving the scene of an accident, fleeing a peace officer,
wrong-way driving, driving over 100 miles per hour,
participating in a speed contest, transporting explosives, and
driving with a suspended or revoked driving privilege. A
classroom program offered by a licensed traffic violator school
must consist of just over 5.6 hours of instruction and an
additional hour for the completion of a post-knowledge test,
while an online program must exceed 42,500 words and offer an
additional hour for the completion of a post-knowledge test.
Under existing law, the CHP currently administers the California
Motorcyclist Safety Program (CMSP). The program includes two
courses: the Motorcyclist Training Course, a basic course
consisting of 5 hours of classroom instruction and 10 hours of
actual riding that is mandatory for persons under the age of 21
and recommended for others seeking a motorcycle endorsement; and
the optional Premier Program consisting of 7.5 hours of
classroom instruction and 13.5 hours of riding. According to
the CHP, over 950,000 motorcycle riders have participated in the
CMSP since 1987.
This bill would allow a person ordered or permitted to complete
traffic school in the above scenario to instead complete an
advanced motorcycle safety training course established by CHP
and also authorized by this bill, as long as the violation
occurred while that person was operating a motorcycle. The
program established by this bill would have a curriculum
consistent with DMV's curriculum for traffic violator school.
The author argues that, presently, the courses of instruction
available through a licensed traffic violator school are
generally applicable to the safe operation of automobiles, but
not necessarily motorcycles. Thus, if a person commits a
violation while operating a motorcycle, he or she must complete
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a traffic school course that might not apply directly to the
mode of transportation that person most frequently uses.
To the author's point, the DMV regulations that establish the
requirements for topics to be included in a traffic violator
school's curriculum make only three distinct, specific
references to motorcycles, out of over 160 items: rights and
duties of drivers related to pedestrians, bicycles, and
motorcycles; avoiding problems on the road through maintaining a
safe following distance by allowing more space behind
motorcycles; and rules of the road relating to motorcycle speed
used when passing other vehicles and splitting lanes. This is
the same number of distinct, specific references to a driver's
emotions while driving included in the same regulations.
In 2015, AB 902 (Bloom, Chapter 306), sponsored by bicycling
advocates authorized a local authority to allow a person alleged
to have committed a traffic offense to participate in a driver
awareness or education program or other locally-sanctioned
diversion program as an alternative to the court procedure set
forth above, as long as the violation did not involve a motor
vehicle. Arguments for that legislation included the importance
of providing education to bicyclists and motorists about lawful
and otherwise appropriate behavior regarding interactions
between motorists and bicyclists through the use of diversion
programs. This bill would similarly allow alleged offenders to
complete an educational course that most closely aligns with the
practices and experiences they encounter in their everyday
activities.
AB 1932 would also still allow a person to attend regular
traffic violator school at the direction or permission of the
court.
Previous legislation: AB 902 (Bloom), Chapter 306, Statutes of
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2015, removed the age limitation on the use of locally adopted
diversion programs for Vehicle Code infractions not involving a
motor vehicle, allowing such programs to be offered to adults.
REGISTERED SUPPORT / OPPOSITION:
Support
ABATE of California, Inc. (sponsor)
American Motorcycle Association
California Motorcycle Dealers Association
Personal Insurance Federation of California
Total Control Training, Inc.
Opposition
None on file
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Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093