Senate Bill No. 1223

Introduced by Senator Huff

February 18, 2016

An act to amend Sections 12814.6 and 23124 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1223, as introduced, Huff. Provisional driver’s licenses.

Existing law, the Brady-Jared Teen Driver Safety Act of 1997, permits a person who is at least 16 years of age, but under 18 years of age, to apply for and be issued a provisional driver’s license. The act requires licensees to comply with certain requirements, including completing specified driver education and training, and imposes certain driving restrictions on licensees, including, among other restrictions, prohibiting licensees, during the first 12 months after issuance of the provisional license, from driving during the hours between 11 p.m. and 5 a.m., or transporting passengers who are under 20 years of age, except as specified. A violation of these driving restrictions is a crime.

Existing law makes it an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense for a person under 18 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communication device, as specified.

This bill would require that the provisional driver’s license and the accompanying restrictions imposed upon that license remain in effect until the driver reaches 18 years of age, if a minor who holds the provisional license is convicted of driving a motor vehicle while using a wireless telephone or an electronic wireless communication device, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

Section 12814.6 of the Vehicle Code is amended
to read:

12814.6.  

(a) Except as provided in Section 12814.7, a driver’s
license issued to a person at least 16 years of begin delete age end delete begin insert age, end insert but under
18 years of begin delete age end delete begin insert age, end insert shall be issued pursuant to the provisional
licensing program contained in this section. The program shall
consist of all of the following components:

(1) Upon application for an original license, the applicant shall
be issued an instruction permit pursuant to Section 12509. A person
who has in his or her immediate possession a valid permit issued
pursuant to Section 12509 may operate a motor vehicle, other than
a motorcycle or motorized bicycle, only when the person is either
taking the driver training instruction referred to in paragraph (3)
or practicing that instruction, provided the person is accompanied
by, and is under the immediate supervision of, a California licensed
driver 25 years of age or older whose driving privilege is not on
probation. The age requirement of this paragraph does not apply
if the licensed driver is the parent, spouse, or guardian of the
permitholder or is a licensed or certified driving instructor.

(2) The person shall hold an instruction permit for not less than
six months prior to applying for a provisional driver’s license.

(3) The person shall have complied with one of the following:

(A) Satisfactory completion of approved courses in automobile
driver education and driver training maintained pursuant to
provisions of the Education Code in any secondary school of
California, or equivalent instruction in a secondary school of
another state.

(B) Satisfactory completion of an integrated driver education
and training program that is approved by the department and
conducted by a driving instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5. The program
shall utilize segmented modules, whereby a portion of the
educational instruction is provided by, and then reinforced through,
specific behind-the-wheel training before moving to the next phase
of driver education and training. The program shall contain a
minimum of 30 hours of classroom instruction and six hours of
behind-the-wheel training.

(C) Satisfactory completion of six hours or more of
behind-the-wheel instruction by a driving school or an independent
driving instructor licensed under Chapter 1 (commencing with
Section 11100) of Division 5 and either an accredited course in
automobile driver education in any secondary school of California
pursuant to provisions of the Education Code or satisfactory
completion of equivalent professional instruction acceptable to
the department. To be acceptable to the department, the
professional instruction shall meet minimum standards to be
prescribed by the department, and the standards shall be at least
equal to the requirements for driver education and driver training
contained in the rules and regulations adopted by the State Board
of Education pursuant to the Education Code. A person who has
complied with this subdivision shall not be required by the
governing board of a school district to comply with subparagraph
(A) in order to graduate from high school.

(D) Except as provided under subparagraph (B), a student may
not take driver training instruction, unless he or she has
successfully completed driver education.

(4) The person shall complete 50 hours of supervised driving
practice prior to the issuance of a provisional license, which is in
addition to any other driver training instruction required by law.
Not less than 10 of the required practice hours shall include driving
during darkness, as defined in Section 280. Upon application for
a provisional license, the person shall submit to the department
the certification of a parent, spouse, guardian, or licensed or
certified driving instructor that the applicant has completed the
required amount of driving practice and is prepared to take the
department’s driving test. A person without a parent, spouse,
guardian, or who is an emancipated minor, may have a licensed
driver 25 years of age or older or a licensed or certified driving
instructor complete the certification. This requirement does not
apply to motorcycle practice.

(5) The person shall successfully complete an examination
required by the department. Before retaking a test, the person shall
wait for not less than one week after failure of the written test and
for not less than two weeks after failure of the driving test.

(b) Except as provided in Section 12814.7, the provisional
driver’s license shall be subject to all of the following restrictions:

(1) Except as specified in paragraph (2), during the first 12
months after issuance of a provisional license the licensee may
not do any of the following unless accompanied and supervised
by a licensed driver who is the licensee’s parent or guardian, a
licensed driver who is 25 years of age or older, or a licensed or
certified driving instructor:

(A) Drive between the hours of 11 p.m. and 5 a.m.

(B) Transport passengers who are under 20 years of age.

(2) A licensee may drive between the hours of 11 p.m. and 5
a.m. or transport an immediate family member without being
accompanied and supervised by a licensed driver who is the
licensee’s parent or guardian, a licensed driver who is 25 years of
age or older, or a licensed or certified driving instructor, in the
following circumstances:

(A) Medical necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from a physician familiar with the
condition, containing a diagnosis and probable date when sufficient
recovery will have been made to terminate the necessity.

(B) Schooling or school-authorized activities of the licensee
when reasonable transportation facilities are inadequate and
operation of a vehicle by a minor is necessary. The licensee shall
keep in his or her possession a signed statement from the school
principal, dean, or school staff member designated by the principal
or dean, containing a probable date that the schooling or
school-authorized activity will have been completed.

(C) Employment necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from the employer, verifying
employment and containing a probable date that the employment
will have been completed.

(D) Necessity of the licensee or the licensee’s immediate family
member when reasonable transportation facilities are inadequate
and operation of a vehicle by a minor is necessary to transport the
licensee or the licensee’s immediate family member. The licensee
shall keep in his or her possession a signed statement from a parent
or legal guardian verifying the reason and containing a probable
date that the necessity will have ceased.

(E) The licensee is an emancipated minor.

begin insert

(3) If the person holds a provisional driver’s license issued
pursuant to this section, and he or she is convicted of violating
Section 23124, the provisional license and its accompanying
restrictions as described in this subdivision shall remain in effect
until the person reaches 18 years of age, regardless of when the
driver first received the provisional license. This paragraph does
not affect, and shall not be interpreted to rescind or limit, the
restriction or suspension of that license pursuant to any other law,
including subdivision (g).

end insert

(c) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is in violation of
the restrictions imposed under subdivision (b).

(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether a driver who is subject to the
license restrictions in subdivision (b) is in violation of Article 2.5
(commencing with Section 118947) of Chapter 4 of Part 15 of
Division 104 of the Health and Safety Code.

(e) (1) Upon a finding that any licensee has violated paragraph
(1) of subdivision (b), the court shall impose one of the following:

(A) Not less than eight hours nor more than 16 hours of
community service for a first offense and not less than 16 hours
nor more than 24 hours of community service for a second or
subsequent offense.

(B) A fine of not more than thirty-five dollars ($35) for a first
offense and a fine of not more than fifty dollars ($50) for a second
or subsequent offense.

(2) If the court orders community service, the court shall retain
jurisdiction until the hours of community service have been
completed.

(3) If the hours of community service have not been completed
within 90 days, the court shall impose a fine of not more than
thirty-five dollars ($35) for a first offense and not more than fifty
dollars ($50) for a second or subsequent offense.

(f) A conviction of paragraph (1) of subdivision (b), when
reported to the department, may not be disclosed as otherwise
specified in Section 1808 or constitute a violation point count value
pursuant to Section 12810.

(g) Any term of restriction or suspension of the driving privilege
imposed on a person pursuant to this subdivision shall remain in
effect until the end of the term even though the person becomes
18 years of age before the term ends.

(1) The driving privilege shall be suspended when the record
of the person shows one or more notifications issued pursuant to
Section 40509 or 40509.5. The suspension shall continue until any
notification issued pursuant to Section 40509 or 40509.5 has been
cleared.

(2) A 30-day restriction shall be imposed when a driver’s record
shows a violation point count of two or more points in 12 months,
as determined in accordance with Section 12810. The restriction
shall require the licensee to be accompanied by a licensed parent,
spouse, guardian, or other licensed driver 25 years of age or older,
except when operating a class M vehicle, or so licensed, with no
passengers aboard.

(3) A six-month suspension of the driving privilege and a
one-year term of probation shall be imposed whenever a licensee’s
record shows a violation point count of three or more points in 12
months, as determined in accordance with Section 12810. The
terms and conditions of probation shall include, but not be limited
to, both of the following:

(A) The person shall begin insert not end insert violate begin delete no law which, end delete begin insert any law that, end insert if
resulting in conviction, is reportable to the department under
Section 1803.

(B) The person shall remain free from accident responsibility.

(h) Whenever action by the department under subdivision (g)
arises as a result of a motor vehicle accident, the person may, in
writing and within 10 days, demand a hearing to present evidence
that he or she was not responsible for the accident upon which the
action is based. Whenever action by the department is based upon
a conviction reportable to the department under Section 1803, the
person has no right to a hearing pursuant to Article 3 (commencing
with Section 14100) of Chapter 3.

(i) The department shall require a person whose driving privilege
is suspended or revoked pursuant to subdivision (g) to submit proof
of financial responsibility as defined in Section 16430. The proof
of financial responsibility shall be filed on or before the date of
reinstatement following the suspension or revocation. The proof
of financial responsibility shall be maintained with the department
for three years following the date of reinstatement.

(j) (1) Notwithstanding any other provision of this code, the
department may issue a distinctive driver’s license, that displays
a distinctive color or a distinctively colored stripe or other
distinguishing characteristic, to persons at least 16 years of age
and older but under 18 years of age, and to persons 18 years of
age and older but under 21 years of age, so that the distinctive
license feature is immediately recognizable. The features shall
clearly differentiate between driver’s licenses issued to persons at
least 16 years of age or older but under 18 years of age and to
persons 18 years of age or older but under 21 years of age.

(2) If changes in the format or appearance of driver’s licenses
are adopted pursuant to this subdivision, those changes may be
implemented under any new contract for the production of driver’s
licenses entered into after the adoption of those changes.

(k) The department shall include, on the face of the provisional
driver’s license, the original issuance date of the provisional
driver’s license in addition to any other issuance date.

(l) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.

SEC. 2.  

Section 23124 of the Vehicle Code is amended to read:

23124.  

(a) This section applies to a person under begin delete the age of
18 years. end delete begin insert 18 years of age. end insert

(b) Notwithstanding Sections 23123 and 23123.5, a person
described in subdivision (a) shall not drive a motor vehicle while
using a wireless telephone or an electronic wireless
communications device, even if equipped with a hands-free device.

(c)  begin insert (1) end insert begin insert   end insert A violation of this section is an infraction punishable
by a base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.

begin insert

(2) If the person holds a provisional driver’s license issued
pursuant to Section 12814.6, and he or she is convicted of violating
this section, the provisional license and its accompanying
restrictions shall remain in effect until the person reaches 18 years
of age, regardless of when the driver first received the provisional
license. This paragraph does not affect, and shall not be interpreted
to rescind or limit, the restriction or suspension of that license
pursuant to any other law, including subdivision (g) of Section
12814.6.

end insert

(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).

(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123 or
23123.5.

(f) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or other
emergency services agency or entity.

(g) For the purposes of this section, “electronic wireless
communications device” includes, but is not limited to, a broadband
personal communication device, specialized mobile radio device,
handheld device or laptop computer with mobile data access, pager,
and two-way messaging device.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.