BILL NUMBER: AB 959 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2009
INTRODUCED BY Assembly Member Garrick
FEBRUARY 26, 2009
An act to amend Section 12509 of the Vehicle Code,
relating to An act to amend Sections 51220.6 and
51226.6 of the Education Code, and to amend Sections 12509, 12514,
12660, 12810, 12814.6, and 12814.7 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 959, as amended, Garrick. Vehicles: instruction
permits. permits: provisional licenses.
Existing
(1) 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.
Existing law requires a person, prior to the issuance of an
instruction permit, to have complied with one of 3 alternative
programs of driver education and training.
This bill would reduce the number of programs to 2 and would
revise the requirements of those programs. The bill would also
require that the instruction permit not be issued until that person
is enrolled in an approved driver training course and completes the
first 2 hours of behind-the-wheel instruction. The instruction permit
would not be valid until the permit is signed by the instructor.
This bill would also require that a person be
prohibited from commencing an approved course in automobile driver
education prior to attaining 15 years of age.
(2) Existing law authorizes a person, with immediate possession of
a valid permit, to operate a motor vehicle, when accompanied by, and
under the immediate supervision of, a California licensed driver
with a valid license who is 18 years of age or older, with
exceptions.
This bill would change the minimum age of the California licensed
driver required to accompany and supervise a person with immediate
possession of a valid permit in the operation of a motor vehicle, to
25 years of age.
(3) Existing law authorizes the issuance of a provisional driver's
license to a person at least 16 years of age, but under 18 years of
age.
Existing law requires a person, prior to the issuance of a
provisional license, to complete 50 hours of supervised driving
practice and, upon application for the provisional license, submit a
certification of a parent, spouse, guardian, or licensed or certified
driving instructor that the applicant has completed the required
amount of driving practice and is prepared to take the driving test.
This bill would additionally require the parent, spouse, or
guardian to complete a debriefing with the driving instructor. The
bill would require that before obtaining a provisional license the
person successfully complete an approved course of driver training
conducted by a California secondary school, licensed driving school,
or equivalent instruction in a secondary school of another state or a
driving school licensed by another state, or completes an approved
integrated driver education and training program.
(4) This bill would make
conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) At the recommendation of the National Transportation Safety
Board, in October 2006, the National Highway Traffic Safety
Administration (NHTSA) initiated the National Driver Education
Standards Project (Project) to develop novice driver education and
training standards to assist driver education and training
professionals to teach novice drivers the skills and transfer the
knowledge necessary to perform as safe and competent drivers, thereby
contributing to the reduction of crashes, fatalities, and injuries.
(b) The Project's research reviewed and compared driver education
and training-related documents from NHTSA, the American Automobile
Association Foundation for Traffic Safety, the American Driver and
Traffic Safety Education Association, and the Driving School
Association of the Americas.
(c) The Project recommends that standards be established for five
topic areas:
(1) Program administration.
(2) Education and training.
(3) Instructor qualifications.
(4) Parent or guardian involvement.
(5) Coordination with driver licensing.
(d) In February 2009, the NHTSA convened 58 driver education and
training specialists in Phoenix, Arizona to finalize the Project's
working document to establish new standards criteria for training
novice drivers. The Project recommends that each state should have a
single agency that is informed by an advisory board of stakeholders
and charged with overseeing all novice driver education and training
programs. That agency should have authority and responsibility for
the implementation, monitoring, and enforcement of those standards.
SEC. 2. Section 51220.6 of the
Education Code is amended to read:
51220.6. (a) Notwithstanding any other provision of
law, a private school is not required to offer courses in
driver education or driver training.
(b) This section shall not be construed to require a private
school to offer automobile driver education that meets the
requirements of this chapter unless the private school requests the
Department of Motor Vehicles to issue a certificate of satisfactory
completion form.
(c) For purposes of subdivision (j) of Section 51220, Section
51220.1, and subparagraph (A) of paragraph (3)
(2) of subdivision (a) of Section 12814.6 of the Vehicle
Code, the satisfactory completion by a pupil of an Internet-based,
correspondence, or other distance-learning course in automobile
driver education offered by a private secondary school satisfies the
driver education instructional requirements of those provisions and
the Department of Motor Vehicles shall issue certificates of
satisfactory completion forms if all of the following conditions are
met:
(1) The private secondary school has a current affidavit or
statement on file in compliance with Section 33190.
(2) The private secondary school utilizes the Department of Motor
Vehicles' driver education curriculum developed under subdivision (f)
of former Section 12814.8 of the Vehicle Code for providing the
automobile driver education course, or the private school certifies
to the Department of Motor Vehicles that the curriculum used is
educationally equivalent to the Department of Motor Vehicles'
curriculum.
(3) All certificates issued to a private school by the Department
of Motor Vehicles shall remain under the exclusive control of that
school. A school shall only issue a certificate to a student who is
enrolled in the private school, and has successfully completed a
driver education course offered by that school.
(4) All course curriculums contain the school name, school
address, and telephone number.
(5) Internet web pages or CD courses are reasonably secure and
protected from unauthorized access, modifications, or extraction of
confidential data.
(6) Test questions for Internet and CD courses are secured and
randomly extracted to safeguard from copying.
SEC. 3. Section 51226.6 of the
Education Code is amended to read:
51226.6. (a) The State Department of Education shall develop and
adopt a model curriculum framework for driver education and training
that incorporates the rules and regulations adopted by the State
Board of Education relating to driver education pursuant to Sections
41905 and 51850, and that is directed to preparing student drivers
for compliance with paragraph (4) of subdivision (a)
(b) of Section 12814.6 of the Vehicle Code.
(b) The State Department of Education shall not be required to
comply with the requirements of subdivision (a) unless federal
funding is available to defray the cost of developing and adopting
the model curriculum framework for driver training and education.
SECTION 1. SEC. 4. 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 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 an approved course
in automobile driver education and driver training as
provided in paragraph (3) of subdivision (a) of as
provided in subparagraph (A) of paragraph (2) of subdivision (a) of
Section 12814.6 and a driver training course as described in
paragraph (3) of subdivision (b) 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) as provided in subparagraph (A) of
paragraph (2) of subdivision (a) of Section 12814.6 and is taking a
driver training course as described in paragraph (3) of subdivision
(b) 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) (2)
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 25 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.
SEC. 5. Section 12514 of the Vehicle
Code is amended to read:
12514. (a) Junior permits issued pursuant to Section 12513 shall
not be valid for a period exceeding that established on the original
request as the approximate date the minor's operation of a vehicle
will no longer be necessary. In any event, no permit shall be valid
on or after the 18th birthday of the applicant.
(b) The department may revoke any a
permit when to do so is necessary for the welfare of the minor or in
the interests of safety.
(c) If conditions or location of residence, which
that required the minor's operation of a
vehicle, change prior to expiration of the permit, the department may
cancel the permit.
(d) Upon a determination that the permittee has operated a vehicle
in violation of restrictions, the department shall revoke the
permit.
(e) A junior permit is a form of driver's license that shall
include all information required by subdivision (a) of Section 12811
except for an engraved picture or photograph of the permittee, and is
subject to all provisions of this code applying to driver's
licenses, except as otherwise provided in this section and Section
12513.
(f) An instruction permit valid for a period of not more than six
months may be issued after eligibility has been established under
Section 12513.
(g) The department shall cancel any a
permit six months from the date of issuance unless the
permittee has complied with one of the conditions prescribed by
paragraph (3) (2) of subdivision (a) of
Section 12814.6.
SEC. 6. Section 12660 of the Vehicle
Code is amended to read:
12660. (a) The department may establish a program authorizing a
driving school licensed under Chapter 1 (commencing with Section
11100) of Division 5 to issue a student license to operate a class 3
vehicle to any an applicant 15 years of
age or older, subject to the conditions specified in subdivision
(d).
(b) The department may charge any a
driving school participating in the program a fee not to exceed two
dollars ($2) per applicant to recover the department's cost in
establishing and monitoring the program. The fee that a participating
school may charge an applicant for a student license may not exceed
the fee that the department charges the school for the license.
(c) The department may remove a driving school from the program if
the department determines that the school has issued a student
license fraudulently, or has otherwise not followed the requirements
of the program. This fraudulent conduct may result in cause for
suspension or revocation of the driving school license.
(d) (1) Applicants shall meet the qualification standards
specified in regulations adopted by the department pursuant to
Section 12661. The student license application shall be accompanied
by a statement signed by the parents or guardian, or person having
custody of the minor, consenting to the issuance of a student license
to the applicant.
(2) No licensed driving school may issue a student license to
any an applicant under the
age of 17 years and 6 months unless that applicant shows proof of
satisfactory completion of an approved course in driver education,
pursuant to standards specified in paragraph (4)
(2) of subdivision (a) of Section 12814.6.
(e) A driving school owner or an independent instructor licensed
under Section 11105.5 shall maintain liability insurance for bodily
injury or property damage caused by the use of a motor vehicle in
driving instruction, and for the liability of the driving school, the
instructor, and the student, in accordance with Section 11103.
(f) The department shall submit a report to the Legislature on the
progress of the program established under subdivision (a) within two
years after the program is implemented. The report shall include,
but not be limited to, an analysis of the costs and benefits of the
program and shall include recommendations by the department.
(g) The director may terminate the program at any time the
department determines that continued operation of the program would
have an adverse effect on traffic safety. The finding upon which the
termination is based shall be reported to the Legislature within 30
days following termination of the program.
SEC. 7. Section 12810 of the Vehicle
Code is amended to read:
12810. In determining the violation point count, the following
shall apply:
(a) A conviction of failure to stop in the event of an accident in
violation of Section 20001 or 20002 shall be given a value of two
points.
(b) A conviction of a violation of Section 23152 or 23153 shall be
given a value of two points.
(c) A conviction of reckless driving shall be given a value of two
points.
(d) (1) A conviction of a violation of subdivision (b) of Section
191.5 or subdivision (c) of Section 192 of the Penal Code, or of
Section 2800.2 or 2800.3, subdivision (b) of Section 21651,
subdivision (b) of Section 22348, subdivision (a) or (c) of Section
23109, Section 23109.1, or Section 31602 of this code, shall be given
a value of two points.
(2) A conviction of a violation of subdivision (a) or (b) of
Section 23140 shall be given a value of two points.
(e) A conviction of a violation of Section 14601, 14601.1,
14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic
conviction involving the safe operation of a motor vehicle upon the
highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the
department to be responsible shall be given a value of one point.
(h) A conviction of a violation of Section 27360 or 27360.5 shall
be given a value of one point.
(i) (1) A violation of paragraph (1), (2), (3), or (5) of
subdivision (b) of Section 40001 shall not result in a violation
point count being given to the driver if the driver is not the owner
of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of
subdivision (b) (c) of Section 12814.6,
subdivision (a) of Section 21116, Section 21207.5, 21708, 21710,
21716, 23120, 24800, or 26707 shall not be given a violation point
count.
(3) A violation of subdivision (d) of Section 21712 shall not
result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation
point count.
(5) A violation of Section 38301.3 shall not result in a violation
point count.
(j) A conviction for only one violation arising from one occasion
of arrest or citation shall be counted in determining the violation
point count for the purposes of this section.
SEC. 8. Section 12814.6 of the Vehicle
Code is amended to read:
12814.6. (a) Except as provided in Section 12814.7, a driver's
license issued to a person at least 16 years of age but under 18
years of age shall be issued pursuant to the provisional licensing
program contained in this section. The program shall consist of all
of the following components:
(1) Upon application for an original license, the applicant shall
be issued an instruction permit pursuant to Section 12509. A person
who has in his or her immediate possession a valid permit issued
pursuant to Section 12509 may operate a motor vehicle, other than a
motorcycle or motorized bicycle, only when the person is either
taking the driver training instruction referred to in paragraph (3)
of subdivision (b) or practicing that instruction,
provided the person is accompanied by, and is under the immediate
supervision of, a California licensed driver 25 years of age or older
whose driving privilege is not on probation. The age requirement of
this paragraph does not apply if the licensed driver is the parent,
spouse, or guardian of the permitholder or is a licensed or certified
driving instructor.
(2) The person shall hold an instruction permit for not less than
six months prior to applying for a provisional driver's license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses in automobile
driver education and driver training maintained pursuant to
provisions of the Education Code in any secondary school of
California, or equivalent instruction in a secondary school of
another state.
(B) Satisfactory completion of an integrated driver education and
training program that is approved by the department and conducted by
a driving instructor licensed under Chapter 1 (commencing with
Section 11100) of Division 5. The program shall utilize segmented
modules, whereby a portion of the educational instruction is provided
by, and then reinforced through, specific behind-the-wheel training
before moving to the next phase of driver education and training. The
program shall contain a minimum of 30 hours of classroom instruction
and six hours of behind-the-wheel training.
(C) Satisfactory completion of six hours or more of
behind-the-wheel instruction by a driving school or an independent
driving instructor licensed under Chapter 1 (commencing with Section
11100) of Division 5 and either an accredited course in automobile
driver education in any secondary school of California pursuant to
provisions of the Education Code or satisfactory completion of
equivalent professional instruction acceptable to the department. To
be acceptable to the department, the professional instruction shall
meet minimum standards to be prescribed by the department, and the
standards shall be at least equal to the requirements for driver
education and driver training contained in the rules and regulations
adopted by the State Board of Education pursuant to the Education
Code. A person who has complied with this subdivision shall not be
required by the governing board of a school district to comply with
subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student may not
take driver training instruction, unless he or she has successfully
completed driver education.
(4) The person shall complete 50 hours of supervised driving
practice prior to the issuance of a provisional license, which is in
addition to any other driver training instruction required by law.
Not less than 10 of the required practice hours shall include driving
during darkness, as defined in Section 280. Upon application for a
provisional license, the person shall submit to the department the
certification of a parent, spouse, guardian, or licensed or certified
driving instructor that the applicant has completed the required
amount of driving practice and is prepared to take the department's
driving test. A person without a parent, spouse, guardian, or who is
an emancipated minor, may have a licensed driver 25 years of age or
older or a licensed or certified driving instructor complete the
certification. This requirement does not apply to motorcycle
practice.
(5) The person shall successfully complete an examination required
by the department. Before retaking a test, the person shall wait for
not less than one week after failure of the written test and for not
less than two weeks after failure of the driving test.
(2) A permit shall be issued to a person who is at least 15 years
and six months but less than 17 years and six months if the person
has complied with either of the following:
(A) Satisfactory completion of a course in automobile driver
education approved by the department conducted by a California
secondary school or driving school licensed pursuant to Section 11100
or equivalent instruction in a secondary school of another state or
a driving school licensed by another state.
(B) Enrollment and participation in an integrated driver education
and training program that is approved by the department. The program
shall utilize segmented modules, whereby a portion of the
educational instruction is provided by, and then reinforced through,
specific behind-the-wheel training before moving to the next phase of
driver education and training.
(3) A person shall not commence an approved course of automobile
driver education prior to attaining 15 years of age.
(4) The person shall successfully complete an examination on laws
related to driving and safe driver practices required by the
department. Before retaking a test, the person shall wait for not
less than two weeks after failure of the test.
(5) A permit shall not be issued by the department until the
student is enrolled in a driver training course as described in
paragraph (3) of subdivision (b) and has completed the first two
hours of behind-the-wheel instruction provided in that course by the
licensed driving school or secondary school. In order to be valid, a
permit shall be signed by the licensed driving school instructor or
the secondary school instructor.
(6) A person who has completed a course in automobile driver
education or driver training pursuant to subparagraph (A) of
paragraph (2) or paragraph (3) of subdivision (b) from a driving
school licensed pursuant to Section 11100 shall not be required by
the governing board of a school district to retake automobile driver
education or driver training in order to graduate from high school.
(b) To be granted a provisional license the person shall meet all
of the following requirements:
(1) Be at least 16 years of age.
(2) Hold an instruction permit for not less than six months prior
to applying for a provisional driver's license.
(3) Have successfully completed a course of driver training
approved by the department conducted by a California secondary school
or driving school licensed pursuant to Section 11100 or equivalent
instruction in a secondary school of another state or a driving
school licensed by another state or completed an integrated driver
education and training program that is approved by the department. A
student may not take driver training instruction until he or she has
successfully completed automobile driver education unless the person
is participating in an integrated driver education and training
program.
(4) Complete 50 hours of supervised driving practice prior to the
issuance of a provisional license, that is in addition to any other
driver training instruction required by law. Not less than 10 of the
required practice hours shall include driving during darkness, as
defined in Section 280. The parent, spouse, or guardian shall
complete a debriefing with the driving instructor to inform the
parent or guardian of the student's progress and driving proficiency
deficits. Upon application for a provisional license, the person
shall submit to the department the certification of a parent, spouse,
guardian, or licensed or certified driving instructor that the
applicant has completed the required amount of driving practice and
is prepared to take the department's driving test. A person without a
parent, spouse, guardian, or who is an emancipated minor, may have a
licensed driver 25 years of age or older or a licensed or certified
driving instructor complete the certification. This requirement does
not apply to motorcycle practice.
(5) Successfully complete a driving test as required by the
department. Before retaking the test, the person shall wait for not
less than one month after failure of the driving test.
(b)
(c) Except as provided in Section 12814.7, the
provisional driver's license shall be subject to all of the following
restrictions:
(1) Except
as specified in paragraph (2), during the first 12 months after
issuance of a provisional license the licensee may not do any of the
following unless accompanied and supervised by a licensed driver who
is the licensee's parent or guardian, a licensed driver who is 25
years of age or older, or a licensed or certified driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m.
or transport an immediate family member without being accompanied and
supervised by a licensed driver who is the licensee's parent or
guardian, a licensed driver who is 25 years of age or older, or a
licensed or certified driving instructor, in the following
circumstances:
(A) Medical necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from a physician familiar with the
condition, containing a diagnosis and probable date when sufficient
recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when
reasonable transportation facilities are inadequate and operation of
a vehicle by a minor is necessary. The licensee shall keep in his or
her possession a signed statement from the school principal, dean,
or school staff member designated by the principal or dean,
containing a probable date that the schooling or school-authorized
activity will have been completed.
(C) Employment necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from the employer, verifying employment
and containing a probable date that the employment will have been
completed.
(D) Necessity of the licensee or the licensee's immediate family
member when reasonable transportation facilities are inadequate and
operation of a vehicle by a minor is necessary to transport the
licensee or the licensee's immediate family member. The licensee
shall keep in his or her possession a signed statement from a parent
or legal guardian verifying the reason and containing a probable date
that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c)
(d) A law enforcement officer shall not stop a vehicle
for the sole purpose of determining whether the driver is in
violation of the restrictions imposed under subdivision (b)
(c) .
(d)
(e) A law enforcement officer shall not stop a vehicle
for the sole purpose of determining whether a driver who is subject
to the license restrictions in subdivision (b)
(c) is in violation of Article 2.5 (commencing with
Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health
and Safety Code.
(e)
(f) (1) Upon a finding that any
a licensee has violated paragraph (1) of subdivision
(b) (c) , the court shall impose one of the
following:
(A) Not less than eight hours nor more than 16 hours of community
service for a first offense and not less than 16 hours nor more than
24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first
offense and a fine of not more than fifty dollars ($50) for a second
or subsequent offense.
(2) If the court orders community service, the court shall retain
jurisdiction until the hours of community service have been
completed.
(3) If the hours of community service have not been completed
within 90 days, the court shall impose a fine of not more than
thirty-five dollars ($35) for a first offense and not more than fifty
dollars ($50) for a second or subsequent offense.
(f)
(g) A conviction of paragraph (1) of subdivision
(b) (c) , when reported to the
department, may not be disclosed as otherwise specified in Section
1808 or constitute a violation point count value pursuant to Section
12810.
(g)
(h) Any term of restriction or suspension of the
driving privilege imposed on a person pursuant to this subdivision
shall remain in effect until the end of the term even though the
person becomes 18 years of age before the term ends.
(1) The driving privilege shall be suspended when the record of
the person shows one or more notifications issued pursuant to Section
40509 or 40509.5. The suspension shall continue until any
a notification issued pursuant to Section 40509
or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when a driver's record
shows a violation point count of two or more points in 12 months, as
determined in accordance with Section 12810. The restriction shall
require the licensee to be accompanied by a licensed parent, spouse,
guardian, or other licensed driver 25 years of age or older, except
when operating a class M vehicle, or so licensed, with no passengers
aboard.
(3) A six-month suspension of the driving privilege and a one-year
term of probation shall be imposed whenever a licensee's record
shows a violation point count of three or more points in 12 months,
as determined in accordance with Section 12810. The terms and
conditions of probation shall include, but not be limited to, both of
the following:
(A) The person shall not violate no
a law which that , if
resulting in conviction, is reportable to the department under
Section 1803.
(B) The person shall remain free from accident responsibility.
(h)
(i) Whenever action by the department under subdivision
(g) (h) arises as a result of a motor
vehicle accident, the person may, in writing and within 10 days,
demand a hearing to present evidence that he or she was not
responsible for the accident upon which the action is based. Whenever
action by the department is based upon a conviction reportable to
the department under Section 1803, the person has no right to a
hearing pursuant to Article 3 (commencing with Section 14100) of
Chapter 3.
(i)
(j) The department shall require a person whose driving
privilege is suspended or revoked pursuant to subdivision
(g) (h) to submit proof of financial
responsibility as defined in Section 16430. The proof of financial
responsibility shall be filed on or before the date of reinstatement
following the suspension or revocation. The proof of financial
responsibility shall be maintained with the department for three
years following the date of reinstatement.
(j)
(k) (1) Notwithstanding any other provision of this
code, the department may issue a distinctive driver's license, that
displays a distinctive color or a distinctively colored stripe or
other distinguishing characteristic, to persons at least 16 years of
age and older but under 18 years of age, and to persons 18 years of
age and older but under 21 years of age, so that the distinctive
license feature is immediately recognizable. The features shall
clearly differentiate between driver's licenses issued to persons at
least 16 years of age or older but under 18 years of age and to
persons 18 years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver's licenses
are adopted pursuant to this subdivision, those changes may be
implemented under any a new contract
for the production of driver's licenses entered into after the
adoption of those changes.
(k)
(l) The department shall include, on the face of the
provisional driver's license, the original issuance date of the
provisional driver's license in addition to any other issuance date.
(l)
(m) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.
SEC. 9. Section 12814.7 of the Vehicle
Code is amended to read:
12814.7. (a) Notwithstanding the provisional licensing
requirements of subdivisions (a) to (e) (f)
, inclusive, of Section 12814.6, the department shall issue to
a person who is at least 16 years of age, but under 18 years of age,
a restricted class C driver's license valid for the operation of
United States Army and California National Guard vehicles during the
course and scope of their duties with the California National Guard
if the following conditions are met:
(1) Upon application, the person provides the department with the
executed enlistment contract for the applicant.
(2) The person qualifies for and is issued an instruction permit
pursuant to Section 12509.
(3) Prior to the issuance of the class C license, the applicant
provides proof satisfactory to the department of successful
completion of a driver education and training course administered by
the California National Guard.
(b) A driver's license issued pursuant to this section shall be
subject to both of the following:
(1) Subdivisions (f) (g) to
(k) (l) , inclusive, of Section 12814.6.
(2) Pull-notice and periodic reports issued pursuant to Section
1808.1.
(c) The licensee shall comply with all other licensing
requirements of this code, including, but not limited to, the
requirements of Section 12804.9.