BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 1932           Hearing Date:    6/21/2016
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          |Author:   |Obernolte                                             |
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          |Version:  |6/14/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Erin Riches                                           |
          |:         |                                                      |
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          SUBJECT:  Vehicles:  motorcycle safety training


           DIGEST:  This bill authorizes schools operating under the  
          California Motorcycle Safety Program to also act as licensed  
          traffic violator schools (TVS), subject to curriculum approval  
          and licensure by the state Department of Motor Vehicles (DMV).

          ANALYSIS:
          
          Existing law:
          
          1)Authorizes a court to order or allow certain traffic violators  
            to attend a TVS, provided the individual has a valid driver's  
            or motorcyclist license.  

          2)Prohibits the DMV from adding a violation point to the license  
            of an individual who attends a TVS pursuant to a court order.   
               

          3)Provides that failure to comply with a court order to attend a  
            TVS is a misdemeanor.  

          4)Requires the DMV to license and administer TVSs, operators,  
            and instructors.  

          5)Requires the California Highway Patrol (CHP) to administer the  
            California Motorcyclist Safety Program (CMSP).

          6)Requires an individual to obtain a Class M1 or M2 driver's  







          AB 1932 (Obernolte)                                Page 2 of ?
          
          
            license to operate a motorcycle, motor-driven cycle, motorized  
            scooter, motorized bicycle, or a bicycle with an attached  
            motor.  

          7)Requires an individual under 21 years of age to complete the  
            CMSP in order to obtain a Class M1 or M2 driver's license.

          8)Authorizes the DMV to waive the driving test for a Class M1 or  
            Class M2 driver's license if the applicant has completed the  
            CMSP.  

          This bill authorizes a motorcyclist safety training program that  
          is licensed by the DMV as a TVS to include an motorcyclist  
          training course in the TVS curriculum. 

          COMMENTS:

          1)Purpose. The author states that while TVS can be educational  
            for drivers of automobiles, the information presented is not  
            always applicable to those who have received a violation while  
            riding a motorcycle.  The CMSP offers safety courses for both  
            new and experienced riders.  This bill would encourage schools  
            that are currently operating under the CMSP to apply to DMV to  
            also operate as TVS, to give motorcyclist offenders the option  
            of attending a TVS that is more geared to motorcycle safety.   
            By doing so, this bill will contribute to the safety of  
            California roads by expanding opportunities to brush up on  
            their riding skills.  

          2)TVS and violation points.  The DMV assigns violation points  
            against an individual's driver's license for certain traffic  
            offenses to identify a driver as a negligent operator.   
            Violation points vary with the gravity of the offense; for  
            example, a "fix-it" ticket does not count for any violation  
            points, a speeding ticket counts for one violation point, and  
            driving while under the influence of alcohol or drugs counts  
            for two violation points.  The DMV may suspend an individual's  
            driver's license for six months if he or she receives four  
            points in one year, six points in two years, or eight points  
            in three years.  An individual may get a violation point  
            waived (for non-commercial driver's licenses) by attending  
            TVS, but this can occur only once in an 18-month period, and  
            only for a one-point violation.  Offenders often opt for TVS  
            because violation points can prevent them from qualifying for  
            a "good driver" discount on auto insurance.








          AB 1932 (Obernolte)                                Page 3 of ?
          
          

          3)Similar concept to bicycle diversion programs.  AB 902 (Ting)  
            of 2015 authorizes a local authority to allow an individual  
            who has committed a traffic offense, in which no vehicle is  
            involved, to participate in a diversion program.  While there  
            are many TVSs in the state to serve drivers, traffic schools  
            specifically for bicyclists are not common.  Bicycle diversion  
            programs, which must be sanctioned by local law enforcement,  
            provide education and, in some cases, a fine waiver or  
            reduction.  These programs enable bicyclists who commit  
            certain traffic offenses to, like drivers of cars, get their  
            fines reduced (in some cases) by attending traffic school, and  
            ensure that they receive instruction that is directly relevant  
            to cyclists.  

          4)Background: the California Motorcyclist Safety Program.  The  
            CHP administers the CMSP through a contractor.  As of March  
            2015, more than 950,000 motorcycle riders had received  
            training at one of the program's training sites.  The  
            Motorcyclist Training Course is a 15-hour course, including  
            five hours of classroom instruction and 10 hours of actual  
            riding.  This course is mandatory for riders under 21 years of  
            age and recommended for individuals over 21 seeking to obtain  
            a motorcyclist license.  The Premier Program is an extended  
            version of the course, consisting of 7.5 hours of classroom  
            instruction and 13.5 hours of riding.  

          5)Amendments.  As it passed the Assembly, this bill authorized  
            an individual who is ordered or allowed to complete TVS as a  
            result of an offense committed while operating a motorcycle,  
            to instead complete an advanced-level motorcyclist training  
            course established by CHP pursuant to this bill.  Existing  
            law, however, establishes the TVS structure under the DMV.   
            Although TVS courses generally do not focus on motorcyclists,  
            basic traffic safety laws - such as speed limits and stopping  
            for pedestrians - apply to both drivers and riders.  And while  
            CHP is charged with administering the CMSP, it contracts out  
            the work because CHP is not structured to oversee schools.   
            For these reasons, the author amended this bill on June 14 to  
            delete the contents of the bill and to instead authorize  
            motorcycle safety schools to apply to the DMV to also act as  
            TVS.  

          Related Legislation:
          








          AB 1932 (Obernolte)                                Page 4 of ?
          
          
          AB 902 (Ting, Chapter 306, Statutes of 2015) - authorizes a  
          local authority to allow an individual who has committed a  
          traffic offense, for which no vehicle is involved, to  
          participate in a diversion program.  

          Assembly Votes:

            Floor:    79-0
            Appr:     19-0
            Trans:    16-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 15, 2016.)
          


            SUPPORT:  
          ABATE of California (sponsor)
          American Motorcyclist Association
          California Motorcycle Dealers Association
          Personal Insurance Federation of California 
          Total Control Training, Inc.

          OPPOSITION:

          None received



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