BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1932| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 1932 Author: Obernolte (R) Amended: 6/14/16 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16 AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote SUBJECT: Vehicles: motorcycle safety training SOURCE: ABATE of California 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. AB 1932 Page 2 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 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 a motorcyclist training course in the TVS curriculum. Background The CMSP. 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. Comments 1)Purpose. The author states that while TVSs can be educational AB 1932 Page 3 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 encourages 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 a 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. 3)Similar concept to bicycle diversion programs. AB 902 (Bloom, Chapter 306, Statutes 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. AB 1932 Page 4 4)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 TVSs. Related/Prior Legislation AB 902 (Bloom, Chapter 306, Statutes 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified6/23/16) ABATE of California (source) American Motorcyclist Association California Motorcycle Dealers Association Personal Insurance Federation of California Total Control Training, Inc OPPOSITION: (Verified6/23/16) AB 1932 Page 5 None received ASSEMBLY FLOOR: 79-0, 5/5/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Beth Gaines Prepared by:Erin Riches / T. & H. / (916) 651-4121 6/24/16 14:33:42 **** END ****