BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1220
                                                                  Page  1

          Date of Hearing:   April 13, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                AB 1220 (Huffman) - As Introduced:  February 27, 2009
           
          SUBJECT  :  Vehicles: supervised driving: young drivers

           SUMMARY :  Requires a person 16 to 24 years of age to submit a  
          driving log provided by the Department of Motor Vehicles (DMV)  
          certifying that they have completed 50 hours of supervised  
          driving practice upon application for a driver's license.   
          Specifically,  this bill  :  

          1)Provides that on or after January 1, 2011, a driver's license  
            can be issued to a person at least 18 years of age but under  
            25 years of age, only if the person has completed 50 hours of  
            supervised driving practice, including no less than 10 hours  
            of driving during darkness.  

          2)Requires that upon application of a driver's license, a person  
            at least 18 years of age but under 25 year's of age must  
            submit to DMV the supervised driving log, certifying that the  
            applicant has completed the required amount of driving  
            practice and is prepared to take the DMV driving test.  This  
            requirement of maintaining a driving log does not apply to  
            motorcycle practice.  

          3)Requires a person at least 16 years of age but less than 18  
            years of age to record and maintain a supervised driving log,  
            provided by DMV, in the vehicle while the person is  
            practicing.  Upon application for a provisional license, the  
            person is to submit the driving log and the certification of a  
            parent, spouse, guardian, or licensed, or certified driving  
            instructor verifying that requirements have been met.  

          4)Allows a California licensed driver age 18 or older that has  
            held a valid license for at least one year to serve as an  
            immediate supervisor to a provisional license holder.  

           EXISTING LAW  :  

          1)Allows for the issuance of a driver's license to a person at  
            least 16 years of age but less than 18 years of age pursuant  
            to specified requirements.  One of these requirements is  








                                                                  AB 1220
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            completion of 50 hours of supervised driving practice prior to  
            the issuance of a provisional license.  

          2)Allows a person with an instructional permit issued by DMV to  
            operate a motor vehicle when accompanied and supervised by a  
            California licensed driver who, among other things, is 18  
            years of age or over, and whose driving privilege is not on  
            probation.  

          3)Prohibits a licensee during the first 12 months after issuance  
            of a license from driving during the hours of 11 p.m. and 5  
            a.m. or from transporting passengers who are under 20 years of  
            age, except as provided.  

           FISCAL EFFECT  :  Unknown  

           COMMENTS  :  According to the author, this bill intends to address  
          the disproportionate number of vehicle accidents that involve  
          novice driver's ages 16 to 24, who represented one out of every  
          four fatal vehicle accidents in 2007.  This bill idea originally  
          developed by constituents of the author and a subsequent winner  
          of the author's "there oughta be a law contest," was spurred by  
          a tragic event that involved the death of two teenagers,  
          including an 18-year old, inexperienced driver.  

          Currently, over 900,000 teenagers, age 15-19, possess a driver's  
          license in California.  In 2003, this segment of the population  
          was involved in 543 fatal collisions and 38,083 collisions that  
          resulted in injury.  Teenagers in California have the highest  
          average annual collision and traffic offense rate in the  
          country.  

          Safety advocates stress that limited funding for drivers'  
          training classes in California public schools, coupled with  
          expensive private courses, could be contributing to a negative  
          trend, as witnessed through increased crash rates among 18-year  
          olds.  Only 304 schools out of an estimated 1,221 California  
          high schools licensed to offer such courses do so, with a total  
          enrollment of 19,226 teens in 2007, down from 48,000 teens in  
          1997.  Coincidently, a decline of over 3,400 provisional  
          drivers' licenses being issued from 2005 to 2007, may point to  
          the fact that more teens are waiting until they are 18 years of  
          age to get a license since they are no longer required by law to  
          take classes to obtain a license.  









                                                                  AB 1220
                                                                  Page  3

          The Sonoma County Provisional License Action Network (PLAN),  
          sponsor of this bill, indeed believe that "more and more young  
          adults each year are waiting to get their drivers licenses until  
          age 18 to save money and to obtain a license on a fast track.   
          With little experience behind the wheel, these new drivers can  
          legally drive a car on the same day that they get their  
          license."  

          Under existing law, new drivers age 18 or older are not required  
          to take any driving instructions, either in class or behind the  
          wheel.  They are required to pass the DMV test before they can  
          drive.  Conversely, young drivers 16 and 17 year olds are  
          required to complete 50 hours of driving instruction before  
          taking a driving exam.  

          This bill seeks to address the lack of driving experience that  
          driver's over the age of 18 and under the age of 24 is required  
          to demonstrate before being able to obtain a driver's license.   
          The author believes that this bill represents a modest approach  
          towards verifying that a potential licensed driver have behind  
          the wheel training before being able to drive on the state's  
          roadways.  

          Moreover, the author points to a March 2006 report by the  
          Traffic Safety Center, which suggests that practice behind the  
          wheel dramatically reduces crash rates for new drivers.  "After  
          six to 12 months or 500-1500 miles of driving, there is up to a  
          65% decrease in at-fault crashes."  It is believed that this  
          approach would be encouraged through this bill and its potential  
          beneficial effects.  

           Committee comments  :  

          1)This bill specifies that a provisional driver between 16 and  
            18 years of age is required to maintain a driving log provided  
            by DMV, documenting their required training.  A person at  
            least 18 years of age but less than 25 years of age is also  
            required to complete 50 hours of supervised training and  
            submit their DMV issued driving log.  It is uncertain how DVM  
            costs to provide the driving log will be covered?  

          2)This bill contains no mechanism to prevent fraudulent behavior  
            from occurring or verifying the authenticity of the provided  
            information.  









                                                                  AB 1220
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          3)This bill may not lead to better trained teenage drivers'.  It  
            is conceivable that an applicant can claim that their 50 hours  
            of training were completed over a three day period and then be  
            allowed to take the test.  This process does not ensure that  
            quality instruction has taken place.  Thus, a teenager may or  
            may not be better prepared under this bill as compared to the  
            current process.  

          4)This bill would allow a person age 18 or older who has held a  
            valid license for at least one year to supervise the required  
            training.  This is counterintuitive and essentially allows a  
            peer to serve as a supervisor, contrary to study  
            recommendations that show distraction driving patterns occur  
            when drivers are in a car with peers.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Sonoma County Provisional License Action Network (Sponsor) 
          Driving School Association of California, INC (Support if  
          amended)  

           Opposition 
           
          None received
           

          Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093