BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2322 Hearing Date: 6/28/2016
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|Author: |Chu |
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|Version: |5/31/2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Vehicles: instruction permits: decals
DIGEST: This bill requires the state Department of Motor
Vehicles (DMV) to offer a "student driver" decal to the
recipient of a learner's permit.
ANALYSIS:
Existing law:
1)Establishes a provisional driver's license program for
individuals between 16 and 18 years of age.
2)Provides that prior to issuing a provisional license, DMV
shall issue an instruction permit, commonly known as a
learner's permit. An individual must be at least 15 years and
six months old to apply for a learner's permit, and must have
taken, or be enrolled in, driver education and training
classes. The learner's permit authorizes the holder to
operate a motor vehicle only when he or she is either taking a
driver training class or is practicing under the immediate
supervision of a California licensed driver 25 years or older.
3)Prohibits a learner's permit holder from applying for a
provisional driver's license until he or she has held the
permit for at least six months. Requires a permit holder,
prior to applying for a provisional license, to successfully
complete driver education and training classes; at least six
hours of behind-the-wheel training; 50 hours of supervised
AB 2322 (Chu) Page 2 of ?
driving practice, including at least 10 hours of nighttime
driving; and an exam required by DMV.
4)Prohibits, during the first 12 months, a provisional licensee
from driving between the hours of 11 p.m. and 5 a.m. or from
transporting passengers who are under 20 years old, unless
accompanied by the provisional license holder's parent or
guardian, a licensed driver who is 25 years or older, or a
licensed and certified driving instructor. Provides
exceptions for medical necessity, school activities, job
necessity, need to transport an immediate family member, or if
the licensee is an emancipated minor.
5)Allows an individual 18 years or older to apply for an
original driver's license by passing a traffic laws and signs
test, among other requirements. Provides that an individual
18 years or older who holds a learner's permit must be
accompanied by another individual 18 years or older when
practicing driving. Provides that this individual may
schedule a driving test at DMV at any time once he or she has
obtained the learner's permit.
This bill:
1)Requires DMV, when issuing a learner's permit, to offer the
recipient a removable and transferable decal that reads
"student driver," which may be displayed on a side or rear
window of his or her vehicle.
2)Requires DMV to determine the size of the decal, which shall
not exceed four inches by 12 inches.
3)Requires DMV to charge a fee to the recipient to cover
production costs.
COMMENTS:
1)Purpose. The author states that according to the Centers for
Disease Control and Prevention, motor vehicle crashes are the
leading cause of death for teens in the U.S. In 2013, more
than 2,000 teens ages 16 to 19 in the U.S. were killed in car
crashes, and more than 243,000 were treated in emergency rooms
for injuries suffered in car crashes. Teen drivers are often
more of a risk than older drivers because they tend to
underestimate dangerous situations and, due to lack of
AB 2322 (Chu) Page 3 of ?
experience, do not recognize hazardous situations. The crash
rate for teens is particularly high during the first month of
licensure. Some drivers can be impatient and aggressive on
the road when they encounter slow drivers. The author states
that this bill can help raise awareness about novice drivers
and prod other drivers to give them space, which in turn will
both encourage student drivers to feel more comfortable and
make the roads safer.
2)Information is power. The author states that in 2010, New
Jersey passed legislation requiring all drivers with
provisional licenses to attach a special decal to their
license plates to alert authorities and others on the road as
to their status. A study conducted in 2014 by the American
Journal of Preventive Medicine found that the New Jersey law
reduced road crashes among teen drivers by 9.5% during its
first two years of implementation. Writing in support of this
bill, the Auto Club of Southern California (Auto Club) states
that the Governor's Highway Safety Association has recommended
that, based on the success of the New Jersey program, all
states should consider piloting voluntary decal programs to
build awareness and garner parental and public support for a
statewide mandate. The Auto Club notes that Delaware and
Pennsylvania have established voluntary programs,
Massachusetts is considering a mandatory program, and New York
is considering legislation for voluntary decals.
Related Legislation:
AB 235 (Frazier, 2015) - would have expanded restrictions on
driving for provisional licensees from the first 12 months to
the entire period of the provisional license. This bill was
held on suspense in the Senate Appropriations Committee.
AB 1801 (Frazier, 2014) - would also have expanded restrictions
on driving for provisional licensees from the first 12 months to
the entire period of the provisional license. This bill was
held on suspense in the Assembly Appropriations Committee.
AB 724 (Cooley, 2013) - would have extended provisional driver's
license requirements from 18 years of age to 20 years of age.
This bill was held on suspense in the Assembly Appropriations
Committee.
Assembly Votes:
AB 2322 (Chu) Page 4 of ?
Floor: 67-12
Appr: 19-1
Trans: 15-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 22, 2016.)
SUPPORT:
Auto Club of Southern California
OPPOSITION:
None received
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