BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1932|
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THIRD READING
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.
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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)
None received
AB 1932
Page 5
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
6/28/16 10:48:08
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