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
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          |Author:   |Huff                                                  |
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          |Version:  |3/28/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Erin Riches                                           |
          |:         |                                                      |
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          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 --