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, |
| | | | | |2016) |
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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:
AB 1932
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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
AB 1932
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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.
AB 1932
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Analysis Prepared by:
Justin Behrens / TRANS. / (916) 319-2093 FN:
0003855