BILL NUMBER: SB 335 CHAPTERED
BILL TEXT
CHAPTER 985
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000
APPROVED BY GOVERNOR SEPTEMBER 29, 2000
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 24, 2000
AMENDED IN ASSEMBLY MAY 15, 2000
AMENDED IN ASSEMBLY SEPTEMBER 2, 1999
AMENDED IN ASSEMBLY AUGUST 24, 1999
AMENDED IN ASSEMBLY JULY 7, 1999
AMENDED IN SENATE MAY 28, 1999
AMENDED IN SENATE MAY 3, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Hayden
(Principal coauthor: Senator Johnston)
(Coauthor: Senator Speier)
(Coauthor: Assembly Member Aroner)
FEBRUARY 9, 1999
An act to amend Section 12805 of, to add Sections 1674, 1674.4,
and 1674.6 to, to add and repeal Sections 1674.2, 12814.1, and 13803
of, and to amend, repeal, and add Sections 12808, 12814, and 12818
of, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 335, Hayden. Driver's license: age: fees.
(1) Existing law requires the Director of Motor Vehicles to
establish standards and develop criteria for the approval of driver
improvement courses specifically designed for the safe driving needs
of drivers who are 55 years of age or older.
This bill would require the Department of Motor Vehicles to
develop a program to foster a positive atmosphere that is conducive
to encouraging drivers, to succeed in passing any visual tests or
written or behind-the-wheel driving tests administered by the
department.
The bill would require the department to prepare a report listing
all restricted driver's licenses issued during the 2001 calendar
year. The report would be required to contain a category describing
the condition that required issuance of the restricted license, would
be organized by that category, and would describe the restriction
that was imposed in each case. The bill would require the department
to submit the report to the Legislature on or before January 31,
2002.
The bill would require the department to implement a component in
its training and development program for test administrators that
encourages sensitivity to the issues of youth and aging.
The bill would require the department to establish a task force to
analyze potential sources of funding and modes of transportation for
persons who have lost their driver's licenses due to a failure to
pass a visual test or a written or behind-the-wheel driving test.
The department would be required to prepare and submit a report on
the findings of the task force to the Legislature not later than July
1, 2001.
(2) Under existing law, the Department of Motor Vehicles is
prohibited from issuing a driver's license to, or renewing a driver's
license of, certain listed persons.
This bill would include in that listing persons whose best
corrected visual acuity is 20/200 or worse in that person's better
eye, as specified. The bill would prohibit a person from using a
bioptic telescopic or similar lens to meet the visual acuity
standards.
(3) Existing law allows the department to require an examination
deemed by the department to be appropriate of an applicant for
renewal of a driver's license based on records of accidents and
convictions of that applicant or based on evidence of the applicant's
condition, and specifies that the age of an applicant-licensee, by
itself, does not constitute evidence of a condition requiring an
examination of the applicant's driving ability.
This bill would require the department, on or before June 1, 2001,
to evaluate the effects of physical conditions, ailments, or other
factors on the ability to safely operate a motor vehicle. The bill
would require the department to include in its evaluation indicators
and predictors relating to the impairment of the ability to drive
safely, including driving records. The bill would require the
department to consider input from any interested party and to submit
the results of its evaluation to the Legislature on or before July
15, 2001.
(4) Existing law requires the department, before issuing or
renewing a driver's license, to check the records of the department
for, among other things, convictions of traffic violations and
traffic accidents.
This bill would additionally require the department to check its
records for filed reports and notices described in (5) and (6).
(5) Under existing law, the department is required to reexamine a
driver upon receipt of a notice issued by a traffic officer
requesting reexamination based upon a driver's exhibition of
incapacity.
This bill would impose that same requirement on the department
upon receipt of a report from a local health officer indicating that
the driver suffers from disorders characterized by lapses of
consciousness, and would specify that the reexamination include a
behind-the-wheel driving test.
(6) Existing law authorizes the department to conduct an
investigation to determine whether the privilege of any person to
operate a motor vehicle should be suspended or revoked or whether
terms or conditions of probation should be imposed upon receiving
information or upon a showing by its records, as specified. In
addition to the investigation, existing law allows the department to
require the reexamination of the licensee.
This bill would require the department to reexamine a driver upon
the receipt of a report from certain family members stating that the
driver cannot safely operate a motor vehicle, as specified.
(7) The bill would provide that the provisions of (3) to (6),
inclusive, above shall remain in effect only until January 1, 2011,
and as of that date would be repealed unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that date.
(8) This bill would set forth legislative findings and
declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as, and may be cited as, the
Brandi Mitock Safe Drivers Act.
SEC. 2. The Legislature finds and declares that, currently, there
is no minimum vision requirement to operate a motor vehicle in this
state, thus creating a significant limitation in the state's efforts
to ensure maximum safety on the roads.
SEC. 3. Section 1674 is added to the Vehicle Code, to read:
1674. The department shall develop a program to foster a positive
atmosphere that is conducive to encouraging drivers to succeed in
passing any visual tests or written or behind-the-wheel driving tests
administered by the department.
SEC. 4. Section 1674.2 is added to the Vehicle Code, to read:
1674.2. (a) The department shall prepare a report listing all
restricted driver's licenses issued during the 2001 calendar year.
The report shall contain a category describing the condition that
required issuance of the restricted license and shall be organized by
that category. The report shall describe the restriction that was
imposed in each case. The department shall submit the report to the
Legislature on or before January 31, 2002.
(b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2003, deletes or extends that
date.
SEC. 5. Section 1674.4 is added to the Vehicle Code, to read:
1674.4. In order to address any conscious or unconscious bias
against a driver by persons administering the department's visual
tests or written or behind-the-wheel driving tests, the department
shall implement a component in its training and development program
for test administrators that encourages sensitivity to the issues of
youth and aging.
SEC. 6. Section 1674.6 is added to the Vehicle Code, to read:
1674.6. (a) The Legislature finds and declares that persons
should be provided with transportation alternatives when their
privilege to drive is lost because of failure to pass visual tests or
written or behind-the-wheel driving tests. While a partial
obligation for addressing this issue rests with families,
communities, social service agencies, and local governments, the
Legislature recognizes an obligation to promote, facilitate, and
share in the funding of alternative modes of transportation for
persons who have lost their driving privilege.
(b) Accordingly, it is the intent of the Legislature, not later
than January 1, 2003, to provide an affordable and equitable mode of
transportation to fulfill the reasonable transportation needs of
persons who have lost their driver's licenses due to a failure to
pass a visual test or a written or behind-the-wheel driving test.
(c) In furtherance of the intent set forth in subdivision (b), the
Business, Transportation and Housing Agency shall establish a task
force to analyze potential sources of funding and modes of
transportation for persons who have lost their driver's licenses due
to a failure to pass a visual test or a written or behind-the-wheel
driving test. The Business, Transportation and Housing Agency shall
prepare and submit a report on the findings of the task force to the
Legislature not later than July 1, 2001.
SEC. 7. Section 12805 of the Vehicle Code is amended to read:
12805. The department shall not issue a driver's license to, or
renew a driver's license of, any person:
(a) Who is not of legal age to receive a driver's license.
(b) Whose best corrected visual acuity is 20/200 or worse in that
person's better eye, as verified by an optometrist or
ophthalmologist. No person may use a bioptic telescopic or similar
lens to meet the 20/200 visual acuity standards.
(c) Who is unable, as shown by examination, to understand traffic
signs or signals or who does not have a reasonable knowledge of the
provisions of this code governing the operations of vehicles upon the
highways.
(d) When it is determined, by examination or other evidence, that
the person is unable to safely operate a motor vehicle upon a
highway.
(e) Who is unable to read and understand simple English used in
highway traffic and directional signs. This subdivision does not
apply to any person holding an operator's or chauffeur's license
issued by this state and valid on September 11, 1957.
(f) Who holds a valid driver's license issued by a foreign
jurisdiction unless the license has been surrendered to the
department, or is lost or destroyed.
(g) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico,
and that license has been suspended by reason, in whole or in part,
of a conviction of a traffic violation until the suspension period
has terminated, except that the department may issue a license to the
applicant if, in the opinion of the department, it will be safe to
issue a license to a person whose license to drive was suspended by a
state that is not a party to the Driver License Compact provided for
in Chapter 6 (commencing with Section 15000) of Division 6.
(h) Who has ever held, or is the holder of, a license to drive
issued by another state, territory, or possession of the United
States, the District of Columbia or the Commonwealth of Puerto Rico,
and that license has been revoked by reason, in whole or in part, of
a conviction of a traffic violation, until the revocation has been
terminated or after the expiration of one year from the date the
license was revoked, whichever occurs first, except that the
department may issue a license to the applicant if, in the opinion of
the department, it will be safe to issue a license to a person whose
license to drive was revoked by a state that is not a party to the
Driver License Compact provided for in Chapter 6 (commencing with
Section 15000) of Division 6.
SEC. 8. Section 12808 of the Vehicle Code is amended to read:
12808. (a) The department shall, before issuing or renewing any
license, check the record of the applicant for conviction of traffic
violations, traffic accidents, reports filed pursuant to Section
103900 of the Health and Safety Code, reports filed pursuant to
Section 13803, or notices issued pursuant to Section 21061.
(b) The department shall, before issuing or renewing any license,
check the record of the applicant for notices of failure to appear in
court filed with it and shall withhold or shall not issue a license
to any applicant who has violated his or her written promise to
appear in court unless the department has received a certificate
issued by the magistrate or clerk of the court hearing the case in
which the promise was given showing that the case has been
adjudicated or unless the applicant's record is cleared as provided
in Chapter 6 (commencing with Section 41500) of Division 17. In lieu
of the certificate of adjudication, a notice from the court stating
that the original records have been lost or destroyed shall permit
the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section
40509, 40509.1, or 40509.5, except subdivision (c) of Section
40509.5, that has been on file five years may be removed from the
department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of
Section 40509.5 that has been on file 10 years may be removed from
the department records and destroyed at the discretion of the
department.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 9. Section 12808 is added to the Vehicle Code, to read:
12808. (a) The department shall, before issuing or renewing any
license, check the record of the applicant for conviction of traffic
violations and traffic accidents.
(b) The department shall, before issuing or renewing any license,
check the record of the applicant for notices of failure to appear in
court filed with it and shall withhold or shall not issue a license
to any applicant who has violated his or her written promise to
appear in court unless the department has received a certificate
issued by the magistrate or clerk of the court hearing the case in
which the promise was given showing that the case has been
adjudicated or unless the applicant's record is cleared as provided
in Chapter 6 (commencing with Section 41500) of Division 17. In lieu
of the certificate of adjudication, a notice from the court stating
that the original records have been lost or destroyed shall permit
the department to issue a license.
(c) (1) Any notice received by the department pursuant to Section
40509, 40509.1, or 40509.5, except subdivision (c) of Section
40509.5, that has been on file five years may be removed from the
department records and destroyed at the discretion of the department.
(2) Any notice received by the department under subdivision (c) of
Section 40509.5 that has been on file 10 years may be removed from
the department records and destroyed at the discretion of the
department.
(d) This section shall become operative on January 1, 2011.
SEC. 10. Section 12814 of the Vehicle Code is amended to read:
12814. (a) Application for renewal of a license shall be made at
an office of the Department of Motor Vehicles by the person to whom
the license was issued. The department, in its discretion, may
require an examination of the applicant as upon an original
application, or an examination deemed by the department to be
appropriate considering the licensee's record of convictions and
accidents, or an examination deemed by the department to be
appropriate in relation to evidence of a condition that may affect
the ability of the applicant to safely operate a motor vehicle.
Except as provided in Section 12814.1, the age of a licensee, by
itself, shall not constitute evidence of a condition requiring an
examination of the driving ability. If the department finds any
evidence of a condition requiring an examination, the department
shall disclose the evidence to the applicant or licensee. In the
event that person is absent from the state at the time the license
expires, the Director of Motor Vehicles may extend the license for a
period of one year from the expiration date of the license.
(b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
(c) The department may adopt and administer regulations it deems
necessary for the public safety in the implementation of a program of
selective testing of applicants, and, with reference to this
section, the department may waive tests for purposes of evaluation of
selective testing procedures.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 11. Section 12814 is added to the Vehicle Code, to read:
12814. (a) Application for renewal of a license shall be made at
an office of the Department of Motor Vehicles by the person to whom
the license was issued. The department may in its discretion require
an examination of the applicant as upon an original application, or
an examination deemed by the department to be appropriate considering
the licensee's record of convictions and accidents, or an
examination deemed by the department to be appropriate in relation to
evidence of a condition which may affect the ability of the
applicant to safely operate a motor vehicle. The age of a licensee,
by itself, shall not constitute evidence of a condition requiring an
examination of the driving ability. If the department finds any
evidence, the department shall disclose the evidence to the applicant
or licensee. In the event the person is absent from the state at
the time the license expires, the Director of Motor Vehicles may
extend the license for a period of one year from the expiration date
of the license.
(b) Renewal of a driver's license shall be under terms and
conditions prescribed by the department.
(c) The department may adopt and administer those regulations as
shall be deemed necessary for the public safety in the implementation
of a program of selective testing of applicants, and, with reference
to this section, the department may waive tests for purposes of
evaluation of selective testing procedures.
(d) This section shall become operative on January 1, 2011.
SEC. 12. Section 12814.1 is added to the Vehicle Code, to read:
12814.1. (a) On or before June 1, 2001, the department shall
evaluate the effects of physical conditions, ailments, and other
factors on the ability to safely operate a motor vehicle. The
department shall include in its evaluation indicators and predictors
relating to the impairment of the ability to drive safely, including,
but not limited to, driving records. In developing its evaluation,
the department shall consider input from any interested party. The
department shall submit the results of its evaluation to the
Legislature on or before July 15, 2001.
(b) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
SEC. 13. Section 12818 of the Vehicle Code is amended to read:
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, or upon receipt
of a report from a local health officer issued pursuant to
subdivision (b) of Section 103900 of the Health and Safety Code, the
department shall reexamine the person's qualifications to operate a
motor vehicle, including a demonstration of the person's ability to
operate a motor vehicle as described in Section 12804.9.
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination described in subdivision (a) of the results of the
reexamination.
(e) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 14. Section 12818 is added to the Vehicle Code, to read:
12818. (a) Upon receipt of a request for reexamination and
presentation of a legible copy of a notice of reexamination by a
person issued the notice pursuant to Section 21061, the department
shall reexamine the person's qualifications to operate a motor
vehicle pursuant to Section 13801, notwithstanding the notice
requirement of Section 13801.
(b) Based on the department's reexamination of the person's
qualifications pursuant to subdivision (a), the department shall
determine if either of the following actions should be taken:
(1) Suspend or revoke the driving privilege of that person if the
department finds that any of the grounds exist which authorize the
refusal to issue a license.
(2) Restrict, make subject to terms and conditions of probation,
suspend, or revoke the driving privilege of that person based upon
the records of the department as provided in Chapter 3 (commencing
with Section 13800).
(c) As an alternative to subdivision (a), the department may
suspend or revoke the person's driving privilege as provided under
Article 2 (commencing with Section 13950) of Chapter 3.
(d) Upon request, the department shall notify the law enforcement
agency which employs the traffic officer who issued the notice of
reexamination of the results of the reexamination.
(e) This section shall become operative on January 1, 2011.
SEC. 15. Section 13803 is added to the Vehicle Code, to read:
13803. (a) The department shall conduct a reexamination,
including a demonstration of the person's ability to operate a motor
vehicle as described in Section 12804.9, to determine whether the
driving privilege of any person to operate a motor vehicle should be
suspended or revoked, or whether terms or conditions of probation
should be imposed upon receiving information from any member of the
vehicle operator's family within 3 degrees of consanguinity, or the
operator's spouse, who has reached 18 years of age, except that no
person may report the same family member pursuant to this section
more than one time during a 12-month period.
(b) The report described in subdivision (a) shall state that the
person filing the report reasonably and in good faith believes that
the operator cannot safely operate a motor vehicle. The report shall
be based upon personal observation or physical evidence of a
physical or medical condition that has the potential to impair the
ability to drive safely, or upon personal knowledge of a driving
record that, based on traffic citations or other evidence, indicates
an unsafe driver. The observation or physical evidence, or the
driving record, shall be described in the report, or the report shall
be based upon an investigation by a law enforcement officer.
(c) No person who makes a report in good faith pursuant to this
section shall be civilly or criminally liable for making that report.
(d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.