BILL NUMBER: SB 1112 CHAPTERED 08/25/00 CHAPTER 243 FILED WITH SECRETARY OF STATE AUGUST 25, 2000 APPROVED BY GOVERNOR AUGUST 24, 2000 PASSED THE SENATE AUGUST 10, 2000 PASSED THE ASSEMBLY JULY 6, 2000 AMENDED IN ASSEMBLY JUNE 15, 2000 AMENDED IN ASSEMBLY MAY 15, 2000 AMENDED IN ASSEMBLY JULY 2, 1999 AMENDED IN SENATE APRIL 14, 1999 INTRODUCED BY Senator Knight (Coauthor: Assembly Member Leach) FEBRUARY 26, 1999 An act to amend Sections 11102, 11102.5, 11104, 11110, and 11202.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1112, Knight. Driver's license test: driving schools. (1) Existing law authorizes the Department of Motor Vehicles, after notice and hearing, to suspend or revoke any driving school license if specified events occur. This bill would require the department, in the interest of the public's safety, as determined by the department, to immediately suspend the license of any licensee for any alleged violation of the provisions governing licenses and to conduct a hearing of the alleged violation within 30 days of the suspension. (2) Existing law requires driving school owners to have proper equipment necessary to give instruction. Existing law also requires that driving school operators be 18 years of age or older and have 1,000 hours of actual behind-the-wheel teaching as a driving instructor. Existing law requires that driving school owners procure and file with the department a bond of $2,000 executed by an admitted surety insurer and upon certain conditions. This bill would require that specified equipment be placed on training vehicles. A violation of this provision under existing law would be punishable as a crime, thereby imposing a state-mandated local program by creating a new crime. The bill would also increase the age requirement for a driving school operator to 21 years of age or older and increase the number of behind-the-wheel teaching hours to 2,000 from 1,000 hours. This bill would increase the required bond amount to $10,000 from $2,000. (3) Existing law requires driving instructors, as defined, to meet certain requirements, including being 18 years of age or older. The bill would increase the age requirement to 21 years of age or older for those instructors. (4) Existing law requires traffic violator school operators to meet certain requirements, including being 18 years of age or older. This bill would increase the age requirement to 21 years of age or older for those operators and would add work at a licensed driving school as a method for those operators to meet certain qualifications. (5) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11102 of the Vehicle Code is amended to read: 11102. (a) A driving school owner, or the principal in an all-terrain vehicle safety training organization, shall meet all of the following requirements: (1) Maintain an established place of business open to the public. No office or place of business shall be situated within 500 feet of any building used by the department as an office, unless the owner was established at that location on or before January 1, 1976. (2) Have the proper equipment necessary to give instruction in the operation of the class of vehicles for which the course is designed, which shall include, but not be limited to, training vehicles equipped with all of the following: (A) An additional functional foot brake affixed to the right side of the front floor. (B) A rearview mirror placed on the inside of the windshield on the right side, which is additional to the factory-installed mirror in the center of the windshield. (3) Procure and file with the department a bond of ten thousand dollars ($10,000) executed by an admitted surety insurer and conditioned that the applicant shall not practice any fraud or make any fraudulent representation that will cause a monetary loss to a person taking instruction from the applicant. (4) Meet the requirements of Section 11105.2 and, if the person is the owner of a driving school, meet the requirements of Section 11102.5. If the owner is not the operator of the driving school, the owner shall designate an operator who shall meet the requirements of Section 11102.5. (5) (A) File with the department an instrument, in writing, appointing the director as the agent of the applicant upon whom a process may be served in any action commenced against the applicant arising out of any claim for damages suffered by any person by the applicant's violation of any provision of this code or any condition of the bond. (B) The applicant shall stipulate in the instrument that any process directed to the applicant, when personal service cannot be made in this state after due diligence, may be served upon the director or, if the director is absent from the office, upon any employee in charge of the office of the director, in which case the service is of the same effect as if served upon the applicant personally. The applicant shall further stipulate, in writing, that the agency created by the instrument shall continue during the period covered by the license and so long thereafter as the applicant may be made to answer in damages for a violation of this code or any condition of the bond. (C) The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before a notary public. (D) If the licensee is served with process by service upon the director, one copy of the summons and complaint shall be left with the director or in the director's office in Sacramento or mailed to the office of the director in Sacramento. A fee of five dollars ($5) shall also be paid to the director at the time of service of the copy of the summons and complaint. (E) The service on the director is a sufficient service on the licensee if the plaintiff or the plaintiff's attorney also, on the same day, sends notice of the service and a copy of the summons and complaint by registered mail to the licensee. A copy of the summons and complaint shall also be mailed by the plaintiff or his or her attorney to the surety of the applicant's bond at the address of the surety given in the bond, postpaid and registered with request for return receipt. (F) The director shall keep a record of all process served upon the director under this paragraph showing the day and hour of service, and the director shall retain the summons and complaint served on file. (G) If the licensee is served with process by service thereof upon the director, the licensee has 30 days after that service within which to answer any complaint or other pleading filed in the cause. For purposes of venue, if the licensee is served with process by service upon the director, the service is deemed to have been made upon the licensee in the county in which the licensee has or last had the licensee's established place of business. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. SEC. 2. Section 11102.5 of the Vehicle Code is amended to read: 11102.5. (a) A driving school operator shall meet all of the following requirements: (1) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, driving school statutes and regulations, and office procedures and recordkeeping. (2) Pay the department a fee of one hundred dollars ($100), which shall entitle the applicant to three examinations. (3) Be 21 years of age or older. (4) Have worked for an established licensed California driving school as a driving instructor for a period of not less than 2,000 hours of actual behind-the-wheel teaching and, on and after July 1, 1973, have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department, except that the operator, including an owner who is also the operator, of a driving school that exclusively teaches motorcycle driving may, in lieu of the behind-the-wheel teaching requirement, have worked for an established licensed California driving school as a motorcycle driving instructor for not less than 300 hours of actual motorcycle range and street teaching, have taught 300 hours of actual motorcycle range and street instruction under the guidance of the Motorcycle Safety Foundation, or have given comparable training instruction that is acceptable to the department. This paragraph does not apply to any person who is certified by the State Department of Education as fully qualified to teach driver education and driver training and has taught those subjects in the public school system for not less than 1,000 hours. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. SEC. 3. Section 11104 of the Vehicle Code is amended to read: 11104. (a) Every person, in order to qualify as a driving instructor, as defined in Section 310.4, shall meet all of the following requirements: (1) On and after July 1, 1973, have a high school education or its equivalent and have satisfactorily completed a course in the teaching of driver education and driver training acceptable to the department. (2) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, and teaching methods and techniques. (3) Be physically able to safely operate a motor vehicle and to train others in the operation of motor vehicles. (4) Hold a valid California driver's license in a class appropriate for the type of vehicle in which instruction will be given. (5) Not be on probation to the department as a negligent operator. (6) Have a driving record that does not have an outstanding notice for violating a written promise to appear in court or for willfully failing to pay a lawfully imposed fine, as provided in Section 40509. (7) Be 21 years of age or older. (b) The qualifying requirements referred to in this section shall be met within one year from the date of application for a license, or a new application, examination, and a fee shall be required. SEC. 4. Section 11110 of the Vehicle Code is amended to read: 11110. (a) The department, after notice and hearing, may suspend or revoke any license issued under this chapter if any of the following occur: (1) The department finds and determines that the licensee fails to meet the requirements to receive or hold a license under this chapter. (2) The licensee fails to keep the records required by this chapter. (3) The licensee (A) permits fraud or engages in fraudulent practices either with reference to an applicant for a driver's license or an all-terrain vehicle safety certificate or the department, or (B) induces or countenances fraud or fraudulent practices on the part of any applicant. (4) The licensee fails to comply with this chapter or regulation or requirement of the department adopted pursuant thereto. (5) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to create the impression, or that would reasonably have the effect of leading persons to believe, that the licensee is in fact an employee or representative of the department; or the licensee makes an advertisement, in any manner or by any means, which is untrue or misleading and that is known, or which by the exercise of reasonable care should be known, to be untrue or misleading. (6) The licensee, or any employee or agent of the licensee, solicits driver training or instruction or all-terrain vehicle safety instruction in, or within 200 feet of, an office of the department. (7) The licensee is convicted of violating Section 14606, 20001, 20002, 20003, 20004, 20006, 20008, 23103, 23104, 23152, or 23153 of this code or subdivision (c) of Section 192 of the Penal Code. A conviction, after a plea of nolo contendere, is a conviction within the meaning of this paragraph. (8) The licensee teaches, or permits a student to be taught, the specific tests administered by the department through use of the department's forms or testing facilities. (9) The licensee conducts training, or permits training by any employee, in an unsafe manner or contrary to safe driving practices. (10) The licensed school owner or licensed driving school operator teaches, or permits an employee to teach, driving instruction or all-terrain vehicle safety instruction without a valid instructor's license. (11) The licensed school owner does not have in effect a bond as required by Section 11102. (12) The licensee permits the use of the license by any other person for the purpose of permitting that person to engage in the ownership or operation of a school or in the giving of driving instruction or all-terrain vehicle safety instruction for compensation. (13) The licensee holds a secondary teaching credential and explicitly or implicitly recruits or attempts to recruit a pupil who is enrolled in a junior or senior high school to be a customer for any business licensed pursuant to this article that is owned by the licensee or for which the licensee is an employee. (b) In the interest of the public's safety, as determined by the department, the department may immediately suspend the license of any licensee for any alleged violation under this chapter and shall conduct a hearing of the alleged violation within 30 days of the suspension. SEC. 5. Section 11202.5 of the Vehicle Code is amended to read: 11202.5. (a) The department shall license traffic violator school operators. No person may act as a traffic violator school operator without a currently valid license issued by the department. Every person, in order to qualify as a traffic violator school operator, shall meet all of the following criteria in order to be issued a traffic violator school operator's license: (1) Have not committed any act which, if the applicant were licensed as a traffic violator school operator, would be grounds for suspension or revocation of the license. (2) Within three attempts, pass an examination that the department requires on traffic laws, safe driving practices, operation of motor vehicles, teaching methods and techniques, traffic violator school statutes and regulations, and office procedures and recordkeeping. (3) Be 21 years of age or older. (4) Have worked for an established California traffic violator school, an established California driving school licensed under Chapter 1 (commencing with Section 11100) of Division 5, or an established commercial driving training and education program operated by a bona fide labor organization as an instructor for a period of not less than 500 hours of actual in-class instruction. (b) Paragraph (4) of subdivision (a) does not apply to a traffic violator school operator validly licensed prior to January 1, 1987. (c) All the qualifying requirements specified in this section shall be met within one year from the date of application for the license or the application shall lapse. However, the applicant may thereafter submit a new application upon payment of the required fee. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.