BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1952
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Niello
VERSION: 6/22/10
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: June 29, 2010
SUBJECT:
Motorcycle permits
DESCRIPTION:
This bill requires persons under the age of 21 to complete a
motorcyclist training course prior to obtaining an instruction
permit to operate a two-wheel motorcycle, motor-driven cycle,
motorized scooter, motorized bicycle, moped, or bicycle with an
attached motor and requires that the permittee hold the
instruction permit for a minimum of six months prior to
obtaining a motorcycle license.
ANALYSIS:
Existing law prohibits a person from driving a motor vehicle
upon the highway unless he or she holds a valid driver's license
appropriate for the class of vehicle he or she is operating.
A two-wheel motorcycle, motor-driven cycle, motorized scooter,
motorized bicycle, moped, and bicycle with an attached motor are
considered class M1 and M2 vehicles. To operate these vehicles
upon the highway, a person needs an M1 or M2 license or, if the
person already has a driver's license, an endorsement on that
license.
According to existing law, a person may obtain an M1 or M2
license by passing vision, written, and drive tests administered
by DMV. If a person is under the age of 21, a person must also
complete an approved motorcyclist safety training course. DMV
may accept a certificate of competence from an approved
motorcyclist safety training program in lieu of administering
the drive test for M1 license applications.
AB 1952 (NIELLO) Page 2
Prior to obtaining a license for any class of vehicle, existing
law requires persons 15 years and 6 months of age or older but
younger than 17 years and 6 months to hold an instruction permit
for at least 6 months. It does not require a person 18 years of
age or older to hold an instruction permit prior to obtaining a
license of any class, but it does allow DMV to issue an
instruction permit to a person for the operation of any vehicle,
including a motorcycle, which DMV does in most cases unless the
person is able to schedule the drive test for the same day that
he or she applies for the license.
Applicants for a motorcycle permit must meet either of the
following criteria:
Be age 15 years and 6 months or older, have completed
driver education and training, and have passed a written test
administered by DMV.
Be age 17 years and 6 months or older and have passed a
written test administered by DMV.
Persons operating a motorcycle using an instruction permit may
not transport passengers, ride during hours of darkness, or ride
on freeways.
This bill :
Makes DMV's authority to issue instruction permits to operate
a two-wheel motorcycle, motor-driven cycle, motorized scooter,
motorized bicycle, moped, or bicycle with an attached motor
explicit.
Requires persons under the age of 21 to complete the
motorcyclist training course prior to obtaining an instruction
permit.
Provides that a person under the age of 21 must have an
instruction permit for a minimum of six months prior to
obtaining an M1 or M2 motorcycle license.
COMMENTS:
1.Purpose . According to the author, this bill closes a
dangerous loophole that allows minors as young as 15 years
AB 1952 (NIELLO) Page 3
old operate motorcycles before they have received hands-on
safety training. Under current law, minors are required to
undergo comprehensive safety training before receiving a
license; however, they are permitted to ride unaccompanied as
soon as they receive permits from the DMV. This bill requires
that young riders complete their training prior to receiving
their instruction permit to ensure that they have some
training prior to operating their motorcycles on the public
streets.
The impetus for this bill was a tragic event that occurred in
Assembly Member Niello's district. Jared Cole, only 18 years
old, was killed less than an hour after purchasing his first
motorcycle and passing a written test at DMV. While he had
obtained his permit, Jarrad had not completed any motorcycle
training. This bill will ensure that young riders like Jarrad
are equipped with essential safety training before they are
allowed on the road.
2.Motorcyclist safety training course . Currently, most
providers require that a participant have an instruction
permit prior to taking a course. Courses typically take place
in private parking lots. These providers would, as a result
of this bill, have to change their requirements.
3.Author's amendments . The author intends to offer several
amendments in committee to correct drafting errors and address
concerns raised by DMV. The amendments do the following:
Clarify that DMV's authority to issue permits applies to
persons of any age, not just those under the age of 21.
Clarify that persons over the age of 21 do not have to
complete a motorcycle safety course in order to obtain an
M1 or M2 license or permit.
Change the period of time that an instruction permit is
valid from 24 months to a "period not exceeding 24 months"
to be consistent with the time period for instruction
permits issued when a person applies for a class C license
to drive a car or pick-up truck.
RELATED LEGISLATION
AB 2464 (Huffman) requires, among other things, that drivers
under the age of 18 complete driver education and training prior
AB 1952 (NIELLO) Page 4
to obtaining an instruction permit. Passed this committee on
June 15th on a 7 to 1 vote.
Assembly Votes:
Floor: 74-0
Appr: 17-0
Trans: 13-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 23, 2010)
SUPPORT: Automobile Club of Southern California
California State Automobile Association
OPPOSED: None received.