BILL NUMBER: AB 1952	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	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, 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 who has a valid instruction
permit to drive a motor vehicle and who has successfully completed
automobile driver education and driver training, and a person who is
17 years and 6 months or older 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,
motorized bicycle, moped, or bicycle with a motor attached unless he
or she has obtained and held for 6 months a valid instruction permit
pursuant to procedures established under the bill  
require a person, depending on   his or her   age,
to meet certain requirements to obtain an instruction permit prior to
operating or being issued 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. A person issued an instruction permit pursuant to
procedures established under the bill would be restricted from
operating those vehicles during hours of darkness, on freeways, and
while carrying a passenger. The bill would provide that an  
instruction permit issued pursuant to these procedures would be
valid for a period not exceeding 24 months from the date of
application  .
   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 
 Jarrad's  Law.
  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, 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.
   (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.
   (g) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to 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   being issued
 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.  
   (B) Successfully complete a motorcyclist safety program that is
operated pursuant to Article 2 (commencing with Section 2930) of
Chapter 5 of Division 2. 
   (C)  Take a   Pass the motorcycle driver's
 written exam.
   (2) If 18 years of age or older,  but under 21 years of age,
 the applicant shall meet both of the following requirements:

   (A) Complete a motorcycle safety course administered by the
Department of the California Highway Patrol.  
   (A) Successfully complete a motorcyclist safety program that is
operated pursuant to Article 2 (commencing with Section 2930) of
Chapter 5 of Division 2. 
   (B)  Take a   Pass the motorcycle driver's
 written exam. 
   (3) If 21 years of age or older, pass the motorcycle driver's
written exam.  
   (b) A person described in paragraph (1) or (2) of subdivision (a)
shall hold an instruction permit issued pursuant to this section for
a minimum of six months prior to being issued a class M1 or M2
license.  
   (b) 
    (c)  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) 
    (d)  An instruction permit issued pursuant to this
section shall be valid for  24 months   a period
not exceeding 24 months from the date of application  .
  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.