BILL NUMBER: AB 959	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 26, 2009

   An act to amend Section 12509 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 959, as introduced, Garrick. Vehicles: instruction permits.
   Existing law authorizes the Department of Motor Vehicles, for good
cause, to issue an instruction permit to a physically and mentally
qualified person who is at least 15 years and 6 months of age and who
has, among other qualifications, successfully completed an approved
course in automobile driver education.
   This bill would require that a person be prohibited from
commencing an approved course in automobile driver education prior to
attaining 15 years of age.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12509 of the Vehicle Code is amended to read:
   12509.  (a) Except as otherwise provided in subdivision (f) of
Section 12514, the department, for good cause, may issue an
instruction permit to  any   a  physically
and mentally qualified person who meets one of the following
requirements and who applies to the department for an instruction
permit:
   (1) Is age 15 years and 6 months or older, and has successfully
completed approved courses in automobile driver education and driver
training as provided in paragraph (3) of subdivision (a) of Section
12814.6.  However, the person shall not commence an approved
course in automobile driver education prior to attaining 15 years of
age. 
   (2) Is age 15 years and 6 months or older, and has successfully
completed an approved course in automobile driver education and is
taking driver training as provided in paragraph (3) of subdivision
(a) of Section 12814.6.  However, the person shall not commence
an approved course in automobile driver education prior to attaining
15 years of age. 
   (3) Is age 15 years and 6 months and enrolled and participating in
an integrated driver education and training program as provided in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
12814.6.
   (4) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
   (5) Is over the age of 17 years and 6 months.
   (b) The applicant shall qualify for, and be issued, an instruction
permit within 12 months from the date of the application.
   (c) An instruction permit issued pursuant to subdivision (a) shall
entitle the applicant to operate a vehicle, subject to the
limitations imposed by this section and any other provisions of law,
upon the highways for a period not exceeding 24 months from the date
of the application.
   (d) Except as provided in Section 12814.6, a person, while having
in his or her immediate possession a valid permit issued pursuant to
paragraphs (1) to (3), inclusive, of subdivision (a), may operate a
motor vehicle, other than a motorcycle, motorized scooter, or a
motorized bicycle, when accompanied by, and under the immediate
supervision of, a California licensed driver with a valid license of
the appropriate class, 18 years of age or over whose driving
privilege is not on probation. Except as provided in subdivision (e),
an accompanying licensed driver at all times shall occupy a position
within the driver's compartment that would enable the accompanying
licensed driver to assist the person in controlling the vehicle as
may be necessary to avoid a collision and to provide immediate
guidance in the safe operation of the vehicle.
   (e) A person, while having in his or her immediate possession a
valid permit issued pursuant to paragraphs (1) to (3), inclusive, of
subdivision (a), who is age 15 years and 6 months or older and who
has successfully completed approved courses in automobile education
and driver training as provided in paragraph (3) of subdivision (a)
of Section 12814.6, and a person, while having in his or her
immediate possession a valid permit issued pursuant to subdivision
(a), who is age 17 years and 6 months or older, may, in addition to
operating a motor vehicle pursuant to subdivision (d), also operate a
motorcycle, motorized scooter, or a motorized bicycle, except that
the person shall not operate a motorcycle, motorized scooter, or a
motorized bicycle during hours of darkness, shall stay off any
freeways that have full control of access and no crossings at grade,
and shall not carry any passenger except an instructor licensed under
Chapter 1 (commencing with Section 11100) of Division 5 of this code
or a qualified instructor as defined in Section 41907 of the
Education Code.
   (f) A person, while having in his or her immediate possession a
valid permit issued pursuant to paragraph (4) of subdivision (a), may
only operate a government-owned motor vehicle, other than a
motorcycle, motorized scooter, or a motorized bicycle, when taking a
driver training instruction administered by the California National
Guard.
   (g) The department may also issue an instruction permit to a
person who has been issued a valid driver's license to authorize the
person to obtain driver training instruction and to practice that
instruction in order to obtain another class of driver's license or
an endorsement.
   (h) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.