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  ****