Senate Bill No. 789

Introduced by Senator Wieckowski

February 27, 2015

An act to amend Section 16072 of the Vehicle Code, relating to drivers’ licenses.

LEGISLATIVE COUNSEL’S DIGEST

SB 789, as introduced, Wieckowski. Driver’s license suspension: restricted privilege.

Existing law requires the Department of Motor Vehicles to suspend the driving privilege of a person who is involved in an accident and fails to provide evidence of financial responsibility, as specified, at the time of the accident. Under existing law, the suspension period is one year, as specified, except that the suspension must be reinstated if the person fails to maintain proof of financial responsibility for 3 years. However, upon application and if certain criteria is met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations.

This bill would also authorize the department to restrict a person’s driving privilege, in lieu of suspending it, in order to allow the person to drive to school. For purposes of this authorization, the bill would define “school” to mean a California community college campus, a California State University campus, a University of California campus, or a private postsecondary educational institution.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 16072 of the Vehicle Code is amended
to read:

16072.  

(a) The suspension of the driving privilege of a person
as provided in Section 16070 shall not be terminated until one year
has elapsed from the date of actual commencement of the
suspension and until the person files proof of financial
responsibility as provided in Chapter 3 (commencing with Section
16430), except that the suspension shall be reinstated if the person
fails to maintain proof of financial responsibility for three years.
However, in lieu of suspending a person’s driving privilege
pursuant to this section, the department, upon application, if the
person files and thereafter maintains proof of financial
responsibility as provided in this section and pays a penalty fee to
the department of two hundred fifty dollars ($250), may restrict
the person’s driving privilege to any of the following situations:

(1) Necessary travel to and from that person’s place of
employment.

(2) Driving that is required in the person’s course of
employment, when driving a motor vehicle is necessary in order
to perform the duties of the person’s primary employment.

begin insert

(3) Driving himself or herself to or from school. For purposes
of this paragraph, “school” means a California community college
campus, a California State University campus, a University of
California campus, or a private postsecondary educational
institution.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Necessary travel to transport a minor dependent in that
person’s immediate family to and from an institute of primary or
secondary begin insert educational end insert instruction, if the chief administrative officer
or principal of the educational institution certifies in writing to the
department that the minor dependent is enrolled in the educational
institution and no form of public transportation or schoolbus is
available between the applicant’s place of residence and the
educational institution.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert restriction shall remain in effect for the period of
suspension required by this section, so long as proof of financial
responsibility is maintained.

begin delete

(b)

end delete

begin insert (c) end insert  If a suspension has been imposed under Section 16070 and
one year has elapsed from the date the suspension actually
commenced, that suspension shall be terminated if the driving
privilege is suspended under Section 16370 or 16381 as the result
of a judgment arising out of the accident for which proof of
financial responsibility was required to be established. The
department may reimpose the suspension of the driving privilege
of a person under Section 16070 if the suspension under Section
16370 or 16381 is later set aside for a reason other than that the
person has satisfied the judgment in full or to the extent provided
in Chapter 2 (commencing with Section 16250) and has given
proof of ability to respond in damages as provided in Chapter 3
(commencing with Section 16430).

begin delete

(c)

end delete

begin insert (d) end insert  Notwithstanding Chapter 2 (commencing with Section
42200) of Division 18, all revenues derived from the penalty fees
provided in subdivision (a) shall, after deduction by the department
of the costs incurred by the department in administering this
section, be deposited in the Financial Responsibility Penalty
Account in the General Fund. The balance in this fund on each
July 1, which is not subject to appropriation as provided in Section
12980 of the Insurance Code, shall revert to the General Fund.

begin delete

(d)

end delete

begin insert (e) end insert  (1) Subdivision (a) does not apply to a commercial driver’s
license holder.

(2) A commercial driver’s license holder whose driving privilege
is otherwise suspended under this chapter is not entitled to a
restricted license, unless that person surrenders his or her
commercial driver’s license and is issued a noncommercial class
C or M driver’s license.