BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1952|
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THIRD READING
Bill No: AB 1952
Author: Niello (R)
Amended: 8/5/10 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/29/10
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,
Pavley, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page
for vote
SUBJECT : Motorcycle permits
SOURCE : Author
DIGEST : This bill requires persons under the age of 21
to complete a motorcyclist safety program 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/she holds a valid
driver's license appropriate for the class of vehicle
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he/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 the Department of Motor Vehicles (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.
Prior to obtaining a license for any class of vehicle,
existing law requires persons 15 years and six months of
age or older but younger than 17 years and six 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/she applies for the license.
Applicants for a motorcycle permit must meet either of the
following criteria:
Be age 15 years and six months or older, have completed
driver education and training, and have passed a written
test administered by DMV.
Be age 17 years and six 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.
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This bill:
1. 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.
2. Requires persons under the age of 21 to successfully
complete the motorcyclist safety program prior to
obtaining an instruction permit.
3. 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.
4. Specifies that an instruction permit is valid for a
period not exceeding 24 months from the date of
application.
5. Contains double-jointing language to AB 2464 (Huffman).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/3/10)
Automobile Club of Southern California
California State Automobile Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill closes a dangerous loophole that allows minors as
young as 15-1/2 years 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
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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, Jared had not completed
any motorcycle training. This bill will ensure that young
riders like Jared are equipped with essential safety
training before they are allowed on the road.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie
Lowenthal, Torrico, Vacancy
JJA:mw 8/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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