BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1932


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1932 (Obernolte)


          As Amended  August 3, 2016


          Majority vote


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          |ASSEMBLY:  |79-0  |(May 5, 2016)  |SENATE: | 38-0 |(August 15,      |
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          Original Committee Reference:  TRANS.


          SUMMARY:  Authorizes a motorcyclist safety training program that  
          is licensed by the Department of Motor Vehicles (DMV) as a  
          traffic violator school to administer a motorcyclist training  
          course and provides that the motorcyclist training course may  
          include instruction specific to the safe and lawful operation of  
          motorcycles.


          The Senate amendments recast the provisions of the Assembly  
          version of the bill to instead authorize schools operating under  
          the existing California Motorcycle Safety Program (CMSP) to also  
          act as licensed traffic violator schools, subject to the  
          existing curriculum approval and licensure by DMV. 


          EXISTING LAW:  










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          1)Authorizes DMV to refuse to issue or renew a person's driver's  
            license if the department determines that the applicant is a  
            negligent or incompetent operator of a motor vehicle.


          2)Requires DMV to presume a person whose driving record shows a  
            specified number of violation points in a specified period of  
            time to be a negligent operator of a motor vehicle.


          3)Requires DMV to license and administer traffic violator  
            schools, operators, and instructors.


          4)Authorizes a court adjudicating a traffic offense, after a  
            deposit of bail, a plea of guilty or no contest, or a  
            conviction, to order or permit a person to attend a licensed  
            traffic violator school.


          5)Requires the court to continue a proceeding against a person  
            in consideration of the successful completion of a course of  
            instruction at a licensed traffic school and authorizes the  
            court to order that the conviction be held confidential, as  
            specified.


          6)Prohibits a violation point from being assessed to a person's  
            driving record if the conviction resulting in the point  
            assessment is held confidential.


          7)Requires California Highway Patrol (CHP) to administer a  
            motorcycle safety program, as specified.


          FISCAL EFFECT:  Unknown.


          COMMENTS:  When a court adjudicates a certain type of traffic  
          offense, it may order or permit a person who has deposited bail,  
          pled guilty or no contest, or been convicted to attend traffic  








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          violator school.  If a person successfully completes a course of  
          instruction at a traffic violator school, the record of the  
          conviction may be ordered to be held confidential, except for  
          DMV's statistical purposes, and a violation point will not be  
          assessed on that person's driving record.  Only the first  
          conviction in an 18-month period may be ordered to be held  
          confidential, and any subsequent conviction in that period will  
          result in a point being assessed.  A conviction cannot be held  
          confidential if it is the result of certain types of violations,  
          including driving under the influence of drugs or alcohol,  
          leaving the scene of an accident, fleeing a peace officer,  
          wrong-way driving, driving over 100 miles per hour,  
          participating in a speed contest, transporting explosives, and  
          driving with a suspended or revoked driving privilege.  A  
          classroom program offered by a licensed traffic violator school  
          must consist of just over 5.6 hours of instruction and an  
          additional hour for the completion of a post-knowledge test,  
          while an online program must exceed 42,500 words and offer an  
          additional hour for the completion of a post-knowledge test.


          Under existing law, the CHP currently administers the CMSP.  The  
          program includes two courses: the Motorcyclist Training Course,  
          a basic course consisting of five hours of classroom instruction  
          and 10 hours of actual riding that is mandatory for persons  
          under the age of 21 and recommended for others seeking a  
          motorcycle endorsement; and the optional Premier Program  
          consisting of 7.5 hours of classroom instruction and 13.5 hours  
          of riding.  According to the CHP, over 950,000 motorcycle riders  
          have participated in the CMSP since 1987.


          This bill would authorize a safety course operating under the  
          CMSP to also act as DMV-licensed traffic violator school,  
          subject to curriculum approval and licensure by DMV, thereby  
          allowing a person ordered to complete traffic school in the  
          above scenario to instead complete a course that fulfills the  
          roles of both programs.  The curriculum for this course would be  
          consistent with DMV's curriculum for traffic violator school,  
          with the addition of information specific to the safe operation  
          of motorcycles.









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          The author argues that, presently, the courses of instruction  
          available through a licensed traffic violator school are  
          generally applicable to the safe operation of automobiles, but  
          not necessarily motorcycles.  Thus, if a person commits a  
          violation while operating a motorcycle, he or she must complete  
          a traffic school course that might not apply directly to the  
          mode of transportation that person most frequently uses.


          In 2015, AB 902 (Bloom), Chapter 306, sponsored by bicycling  
          advocates authorized a local authority to allow a person alleged  
          to have committed a traffic offense to participate in a driver  
          awareness or education program or other locally-sanctioned  
          diversion program as an alternative to the court procedure set  
          forth above, as long as the violation did not involve a motor  
          vehicle.  Arguments for that legislation included the importance  
          of providing education to bicyclists and motorists about lawful  
          and otherwise appropriate behavior regarding interactions  
          between motorists and bicyclists through the use of diversion  
          programs.  This bill would similarly allow alleged offenders to  
          complete an educational course that most closely aligns with the  
          practices and experiences they encounter in their everyday  
          activities.


          This bill would also still allow a person to attend regular  
          traffic violator school at the direction or permission of the  
          court.


          The concept of this bill, allowing a person to complete a  
          traffic violator school requirement that matches the type of  
          vehicle used when an offense was committed, is substantially  
          similar to that of the earlier version of this bill heard in the  
          Assembly Transportation Committee.


          Please see the policy committee analysis for full discussion of  
          this bill.










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          Analysis Prepared by:                                             
                          Justin Behrens / TRANS. / (916) 319-2093  FN:  
          0003855