BILL NUMBER: AB 1952 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2010
INTRODUCED BY Assembly Members Niello and John A. Perez
FEBRUARY 17, 2010
An act to amend Section 12509 of , and to add Section 12509.5
to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1952, as amended, Niello. Vehicles: instruction permit:
motorcycle.
Existing law prohibits a person from driving a two-wheel
motorcycle, motor-driven cycle, or
motorized scooter, motorized bicycle moped, or bicycle
with an attached motor upon a highway, unless the person holds
a valid driver's license or endorsement for that class, with certain
exceptions. Existing law allows a person, who is 15 years and 6
months or older , with who has a valid
instruction permit to drive a motor vehicle and
successful completion of who has successfully
completed automobile driver education and driver training, and
a person who is 17 years and 6 months or older , with
who has a valid instruction permit to drive
a motor vehicle , to operate a two- wheeled
motorcycle , motor- driven cycle ,
motorized scooter, or motorized bicycle,
moped, or bicycle with an attached motor, with certain
exceptions during hours of darkness, on freeways, and for carrying a
passenger. Existing law provides that a person under 21 years of age
may not be issued a class M1 or M2 license or endorsement to
drive a motorcycle , unless he or she provides evidence
satisfactory to the Department of Motor Vehicles of completion of a
specified motorcycle safety training program.
The bill would instead prohibit any person under 21 years of age
from operating , or obtaining an M1 or M2 license to operate,
a two- wheel motorcycle, motor-
driven cycle, motorized scooter, or a
motorized bicycle , moped, or bicycle with a motor
attached unless he or she has obtained and held for 6
months a valid instruction permit and has successfully
completed approved courses in automobile driver education and driver
training, or has a valid driver's license, and has successfully
completed a specified motorcycle safety training program and obtained
an M1 or M2 license or endorsement pursuant to
procedures established under the bill .
Because, under existing law, a violation of the Vehicle Code is a
crime, this bill would impose a state-mandated local program by
creating new crimes.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as Jared's Law.
SECTION 1. SEC. 2. 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 in automobile driver education and driver
training as provided in paragraph (3) of subdivision (a) of Section
12814.6.
(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.
(3) Is age 15 years and 6 months and enrolled and participating in
an integrated automobile 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. 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, under 21 years of age shall not operate a
motorcycle, motorized scooter, or a motorized bicycle unless he or
she has a valid permit issued pursuant to subdivision (a) 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, or has a valid driver's license,
and has successfully completed a motorcycle safety training program
that is operated pursuant to Article 2 (commencing with Section 2930)
of Chapter 5 of Division 2 and obtained an M1 or M2 license or
endorsement pursuant to Section 12804.9.
(f)
(e) 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)
(f) 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)
(g) The department may further restrict permits issued
under subdivision (a) as it may determine to be appropriate to
assure ensure the safe operation of a
motor vehicle by the permittee.
SEC. 3. Section 12509.5 is added to the
Vehicle Code , to read:
12509.5. (a) A person who is under 21 years of age shall obtain
and have held for six months an instruction permit issued pursuant to
this section prior to operating, or applying for a class M1 or M2
driver's license to operate, a two-wheel motorcycle, motor-driven
cycle, motorized scooter, motorized bicycle, moped, or bicycle with
an attached motor. The person shall meet the following requirements
to obtain an instruction permit for purposes of this section:
(1) If age 15 years and 6 months or older, but under the age of
18, the applicant shall meet all of the following requirements:
(A) Have a valid class C license or complete driver education and
training pursuant to paragraph (3) of subdivision (a) of Section
12814.6.
(B) Complete a motorcycle safety course administered by the
Department of the California Highway Patrol.
(C) Take a written exam.
(2) If 18 years of age or older, the applicant shall meet both of
the following requirements:
(A) Complete a motorcycle safety course administered by the
Department of the California Highway Patrol.
(B) Take a written exam.
(b) A person issued an instruction permit pursuant to this section
shall not operate a two-wheel motorcycle, motor-driven cycle,
motorized scooter, motorized bicycle, moped, or bicycle with an
attached motor during the hours of darkness, shall stay off any
freeways that have full control of access and have no crossings at
grade, and shall not carry any passenger except an instructor
licensed under Chapter 1 (commencing with Section 11100) of Division
5 or a qualified instructor as defined in Section 41907 of the
Education Code.
(c) An instruction permit issued pursuant to this section shall be
valid for 24 months.
SEC. 2. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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 XIII
B of the California Constitution.