Amended in Senate May 11, 2015

Senate BillNo. 789


Introduced by Senator Wieckowski

February 27, 2015


An act tobegin delete amendend deletebegin insert amend, repeal, and addend insert Section 16072 of the Vehicle Code, relating tobegin delete drivers’end deletebegin insert driver’send insert licenses.

LEGISLATIVE COUNSEL’S DIGEST

SB 789, as amended, 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 criteriabegin delete isend deletebegin insert areend insert met, the department may restrict the person’s driving privilege, in lieu of suspending it pursuant to this provision, in specified situations.

This billbegin delete wouldend deletebegin insert would, commencing July 1, 2016,end insert 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: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 16072 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

16072.  

(a) The suspension of the driving privilege of a person
4as provided in Section 16070 shall not be terminated until one year
5has elapsed from the date of actual commencement of the
6suspension and until the person files proof of financial
7responsibility as provided in Chapter 3 (commencing with Section
816430), except that the suspension shall be reinstated if the person
9fails to maintain proof of financial responsibility for three years.
10However, in lieu of suspending a person’s driving privilege
11pursuant to this section, the department, upon application, if the
12person files and thereafter maintains proof of financial
13responsibility as provided in this section and pays a penalty fee to
14the department of two hundred fifty dollars ($250), may restrict
15the person’s driving privilege to any of the following situations:

16(1) Necessary travel to and from that person’s place of
17employment.

18(2) Driving that is required in the person’s course of
19employment, when driving a motor vehicle is necessary in order
20to perform the duties of the person’s primary employment.

21(3) Necessary travel to transport a minor dependent in that
22person’s immediate family to and from an institute of primary or
23secondary instruction, if the chief administrative officer or principal
24of the educational institution certifies in writing to the department
25that the minor dependent is enrolled in the educational institution
26and no form of public transportation or schoolbus is available
27between the applicant’s place of residence and the educational
28institution.

29The restriction shall remain in effect for the period of suspension
30required by this section, so long as proof of financial responsibility
31is maintained.

32(b) If a suspension has been imposed under Section 16070 and
33one year has elapsed from the date the suspension actually
34commenced, that suspension shall be terminated if the driving
35privilege is suspended under Section 16370 or 16381 as the result
36of a judgment arising out of the accident for which proof of
37financial responsibility was required to be established. The
38department may reimpose the suspension of the driving privilege
P3    1of a person under Section 16070 if the suspension under Section
216370 or 16381 is later set aside for a reason other than that the
3person has satisfied the judgment in full or to the extent provided
4in Chapter 2 (commencing with Section 16250) and has given
5proof of ability to respond in damages as provided in Chapter 3
6(commencing with Section 16430).

7(c) Notwithstanding Chapter 2 (commencing with Section
842200) of Division 18, all revenues derived from the penalty fees
9provided in subdivision (a) shall, after deduction by the department
10of the costs incurred by the department in administering this
11section, be deposited in the Financial Responsibility Penalty
12Account in the General Fund. The balance in this fund on each
13July 1, which is not subject to appropriation as provided in Section
1412980 of the Insurance Code, shall revert to the General Fund.

15(d) (1) Subdivision (a) does not apply to a commercial driver’s
16license holder.

17(2) A commercial driver’sbegin delete license holderend deletebegin insert licenseholderend insert whose
18driving privilege is otherwise suspended under this chapter is not
19entitled to a restricted license, unless that person surrenders his or
20her commercial driver’s license and is issued a noncommercial
21class C or M driver’s license.

begin insert

22(e) This section shall become inoperative on July 1, 2016, and,
23as of January 1, 2017, is repealed, unless a later enacted statute,
24that becomes operative on or before January 1, 2017, deletes or
25extends the dates on which it becomes inoperative and is repealed.

end insert
begin delete26

SECTION 1.  

Section 16072 of the Vehicle Code is amended
27to read:

end delete
28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 16072 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

29

16072.  

(a) The suspension of the driving privilege of a person
30as provided in Section 16070 shall not be terminated until one year
31has elapsed from the date of actual commencement of the
32suspension and until the person files proof of financial
33responsibility as provided in Chapter 3 (commencing with Section
3416430), except that the suspension shall be reinstated if the person
35fails to maintain proof of financial responsibility for three years.
36However, in lieu of suspending a person’s driving privilege
37pursuant to this section, the department, upon application, if the
38person files and thereafter maintains proof of financial
39responsibility as provided in this section and pays a penalty fee to
P4    1the department of two hundred fifty dollars ($250), may restrict
2the person’s driving privilege to any of the following situations:

3(1) Necessary travel to and from that person’s place of
4employment.

5(2) Driving that is required in the person’s course of
6employment, when driving a motor vehicle is necessary in order
7to perform the duties of the person’s primary employment.

8(3) Driving himself or herself to or from school. For purposes
9of this paragraph, “school” means a California community college
10campus, a California State University campus, a University of
11California campus, or a private postsecondary educational
12institution.

13(4) Necessary travel to transport a minor dependent in that
14person’s immediate family to and from an institute of primary or
15secondary educational instruction, if the chief administrative officer
16or principal of the educational institution certifies in writing to the
17department that the minor dependent is enrolled in the educational
18institution and no form of public transportation or schoolbus is
19available between the applicant’s place of residence and the
20educational institution.

21(b) The restriction shall remain in effect for the period of
22suspension required by this section, so long as proof of financial
23responsibility is maintained.

24(c) If a suspension has been imposed under Section 16070 and
25one year has elapsed from the date the suspension actually
26commenced, that suspension shall be terminated if the driving
27privilege is suspended under Section 16370 or 16381 as the result
28of a judgment arising out of the accident for which proof of
29financial responsibility was required to be established. The
30department may reimpose the suspension of the driving privilege
31of a person under Section 16070 if the suspension under Section
3216370 or 16381 is later set aside for a reason other than that the
33person has satisfied the judgment in full or to the extent provided
34in Chapter 2 (commencing with Section 16250) and has given
35proof of ability to respond in damages as provided in Chapter 3
36(commencing with Section 16430).

37(d) Notwithstanding Chapter 2 (commencing with Section
3842200) of Division 18, all revenues derived from the penalty fees
39provided in subdivision (a) shall, after deduction by the department
40of the costs incurred by the department in administering this
P5    1section, be deposited in the Financial Responsibility Penalty
2Account in the General Fund. The balance in this fund on each
3July 1, which is not subject to appropriation as provided in Section
412980 of the Insurance Code, shall revert to the General Fund.

5(e) (1) Subdivision (a) does not apply to a commercial driver’s
6license holder.

7(2) A commercial driver’sbegin delete license holderend deletebegin insert licenseholderend insert whose
8driving privilege is otherwise suspended under this chapter is not
9entitled to a restricted license, unless that person surrenders his or
10her commercial driver’s license and is issued a noncommercial
11class C or M driver’s license.

begin insert

12(f) This section shall become operative on July 1, 2016.

end insert


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