BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 1223 Hearing Date: 4/19/2016 ----------------------------------------------------------------- |Author: |Huff | |----------+------------------------------------------------------| |Version: |3/28/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Erin Riches | |: | | ----------------------------------------------------------------- SUBJECT: Driver's licenses: provisional licenses DIGEST: This bill expands the provisional driver's license period from 18 to 21 years of age. ANALYSIS: Existing law: Establishes a provisional driver's license program for individuals between 16 and 18 years of age. Provides that prior to issuing a provisional license, the Department of Motor Vehicles (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. 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 SB 1223 (Huff) Page 2 of ? driving practice, including at least 10 hours of nighttime driving; and an exam required by DMV. 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. Requires a provisional licensee who needs to drive under one of the exceptions listed above to keep in his or her possession the appropriate document, as follows: a) Medical necessity exception: a signed statement from a physician. b) School activity exception: a signed statement from the school principal, dean, or school staff member designated by the principal or dean. c) Employment exception: a signed statement from the employer. d) Family member exception: a signed statement from a parent or legal guardian. 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)Expands the provisional driver's license program from 18 years of age to 21 years of age. 2)Authorizes a provisional licensee who is 18-20 years old to use a copy of his or her class schedule to document the school activity exception. SB 1223 (Huff) Page 3 of ? 3)Authorizes a provisional licensee who is 18-20 years old to use a copy of his or her work schedule to document the employment exception. 4)Waives the requirement for a provisional licensee who is 18-20 years of age to document the family member exception. COMMENTS: 1)Purpose. The author states that because the provisional driver's license program only applies to 16 -to18-year-olds, teenagers are simply opting to wait until their 18th birthday to obtain their driver's license. The author cites a study based on DMV data showing that crash rates are significantly higher for individuals licensed at 18 years of age, i.e., avoiding the provisional driver's license program, than for individuals licensed at 16 or 17. The author also points to the California Unintentional Injury Prevention Strategic Plan, which cites vehicle crashes - particularly teen driver-caused crashes - as a leading cause of childhood death and hospitalization. In addition, data from the U.S. Centers for Disease Control and Prevention and the Insurance Institute for Highway Safety show that teen drivers without provisional driver's license training have a 20% to 40% higher crash rate than teens who do complete the program. The author states that moving the age to 21 is a practical and proven method of addressing this part of the overall California child and youth unintentional injury prevention effort. 2)Background: California's GDL system. Prior to 1998, California law allowed teenagers aged 16 to 18 years to obtain a learner's permit or provisional driver's license with only minimal restrictions, such as requiring an individual to hold a permit for at least 30 days before applying for a provisional license. SB 1329 (Leslie, Chapter 760, Statutes of 1997) enacted the state's initial graduated driver's licensing (GDL) system, including the six-month learner's permit period, nighttime driving ban, and supervised driving provisions. AB 1747 (Maze, Chapter 337, Statutes of 2005) extended the ban on nighttime driving and on transporting passengers under 20 years of age to 12 months. It also expanded the nighttime ban by one hour. All states have had some form of GDL restrictions since the mid-1990s. 3)Making it more difficult for older teens to work or go to SB 1223 (Huff) Page 4 of ? school? By increasing the GDL requirements to 21, this bill could make it more difficult for 18 to20-year-olds to work and/or attend school. To address this concern, this bill provides less stringent requirements on documentation for 18 to 20-year-olds relating to school and work activities, as well as waiving the requirement to document the need to transport an immediate family member. 4)Teen drivers a shrinking demographic. Recent data published by the Federal Highway Administration indicates that the number of young drivers in the U.S. has hit an all-time low. In 2014, roughly 8.5 million people aged 19 and younger had a driver's license, and of those, only about a million were 16 and younger - the lowest number since the 1960s. This drop may be attributable to a variety of reasons, including the recession (e.g., less disposable income), the Internet (e.g., communicating via social media and shopping online), and shifting attitudes. In addition, most high schools no longer offer driver education and driver training as part of the curriculum, and teens must instead pay to take these courses, which may be difficult to fit into busy schedules. 5)Will teens simply put off their license until 21? According to the Insurance Institute for Highway Safety, the fatal crash rate per mile driven for 16 to 17-year-olds is nearly twice as high as it is for 18 to19-year-olds. This could mean that these young drivers are less safe than older drivers, or that GDL programs are working: crash rates are higher for novice drivers than for "trained" drivers. By the same token, however, extending the provisional driver's license period to 21 could encourage teens to wait even longer to obtain a driver's license -resulting in even more "untrained" drivers on California's roads. The sponsor of this bill, Impact Teen Drivers, notes that research indicates that risk-taking decreases significantly, and decision-making improves significantly, when individuals reach their 20s; they note that the Center for Disease Control and Prevention crash data indicates lower crash rates for novice drivers in their 20s than for novice drivers in their teens. In addition, the author notes that extending the provisional license program to 21 makes it difficult for a teen to simply put off obtaining a license, as the need to be able to drive oneself increases after an individual graduates from high school and heads to college, obtains a full-time job, etc. SB 1223 (Huff) Page 5 of ? Related Legislation: SCR 69 (Galgiani) -requests the DMV to conduct a study regarding the possible effects of reducing the minimum age for a learner's permit to 15 years of age. This bill is also being heard in the Senate Transportation and Housing committee today. AB 2322 (Chu) - requires DMV to provide the recipient of a learner's permit with a removable and transferrable decal that reads "student driver" and authorizes the permit holder to display the decal on the side or rear window of the vehicle when driving. This bill is pending in the Assembly Transportation Committee. 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 passed by the Senate Transportation and Housing committee on a 10-1 vote but was subsequently held on the Senate Appropriations Committee suspense file. AB 1801 (Frazier, 2014) -would have expanded restrictions on driving for provisional licensees until age 18. This bill was held on the Assembly Appropriations Committee suspense file. AB 1113 (Frazier, 2013) - would have expanded restrictions on driving for provisional licensees, including a three-month increase in the minimum time an individual must hold a learner's permit before applying for a driver's license, increasing the age of passengers a provisional licensee could transport, expanding nighttime driving restrictions, and prohibiting DMV from issuing a provisional license or full license to a driver who does not have a six-month period of conviction-free driving. This bill was passed by the Senate Transportation and Housing committee on an 11-0 vote but was subsequently vetoed by Governor Brown. AB 724 (Cooley, 2013) - would have extended the provisional driver's license requirements to those under age 20 instead of those under age 18. This bill was held on the Assembly Appropriations Committee suspense file. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SB 1223 (Huff) Page 6 of ? POSITIONS: (Communicated to the committee before noon on Wednesday, April 13, 2016.) SUPPORT: California Association of Highway Patrolmen (co-sponsor) Impact Teen Drivers (co-sponsor) California Casualty National Safety Council OPPOSITION: None received -- END --