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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