BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 789 Hearing Date: 4/21/2015
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|Author: |Wieckowski |
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|Version: |2/27/2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Alison Dinmore |
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SUBJECT: Driver's license suspension: restricted privilege
DIGEST: This bill would authorize the Department of Motor
Vehicles to restrict a person's driving privilege, instead of
suspending it, to allow a person to drive to and from school, if
that person was involved in an accident and did not possess
insurance at the time of the accident.
ANALYSIS:
Existing law states that if a driver is involved in an accident
that results in property damage over $750 or in bodily injury or
death and fails to provide evidence of financial responsibility,
the Department of Motor Vehicles (DMV) shall suspend the driver
or owner's driving privilege. The suspension shall last one
year from the date of commencement of the suspension and until
the person files proof of financial responsibility, (e.g.,
insurance coverage).
In lieu of suspending a person's driving privilege for failure
to provide evidence of financial responsibility, the DMV may
restrict a person's driving for specific purposes. To obtain a
restricted driver's privilege, the driver must submit an
application to the DMV, file and maintain proof of financial
responsibility, and pay a penalty fee of $250 to the DMV. This
restricted driver's privilege is limited to use for the
following situations:
1.Necessary traveling to and from that person's place of
SB 789 (Wieckowski) Page 2 of ?
employment
2.Driving required in the person's course of employment, when
driving is necessary to perform the duties of the person's
primary employment
3.Necessary travel to transport a minor dependent in that
person's immediate family to and from a primary or secondary
school, if the chief administrative officer or principal
certifies in writing to the DMV that the minor dependent is
enrolled in the school and no form of public transportation or
school bus is available
4.Enabling the applicant to drive a motor vehicle for the
purpose of receiving prolonged, repetitive medical or mental
health treatments for the applicant or a member of the
applicant's immediate family with a serious health problem
The restricted driver's privileges do not apply to commercial
driver's licenses.
This bill would add to the restricted driver's privilege,
driving to and from school. School is defined as a California
community college, a California State University campus, a
University of California campus, or a private postsecondary
educational institution.
COMMENTS:
1.Purpose. According to the author, supporting a person's
ability to drive to and from college with a restricted license
is consistent with current policy that allows driving in
circumstances that improve a person's well-being. Higher
education provides students with knowledge and skills to be
more successful in their community and is critical for
improving a person's quality of life. While many university
campuses are accessible by using public transportation,
others, especially in rural areas, are inaccessible without a
car. Some drivers could be forced to quit school if they
cannot drive for a year, thus disrupting and delaying their
education. This bill would give drivers who have obtained and
maintain insurance and paid a fine the ability to continue to
pursue their educational goals.
2. Barrier to attending college. The idea for this bill
SB 789 (Wieckowski) Page 3 of ?
originated when a person in the Bay Area was involved in a
non-injury car accident and mistakenly believed he was
insured. Due to his lack of insurance, his license was
suspended for a year. At the time, he was also attending a
local community college. Because existing law does not
authorize the DMV to grant a restricted license for the
purpose of driving to and from school, the DMV did not have
the discretion to provide him a restricted license for that
purpose. This bill would provide the DMV with the discretion
to issue a restricted license in those circumstances, provided
the driver obtains and maintains insurance and pays a fine, so
that people can continue to pursue higher education.
3.Double referral. Rules Committee has referred this bill to
the Appropriations Committee.
Related Legislation:
None.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 15, 2015.)
SUPPORT:
None received.
OPPOSITION:
None received.
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