BILL ANALYSIS
AB 1952
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1952 (Niello and John A. Perez)
As Amended August 5, 2010
Majority vote
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|ASSEMBLY: |74-0 |(April 29, |SENATE: |31-3 |(August 9, |
| | |2010) | | |2010) |
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Original Committee Reference: TRANS.
SUMMARY : Recasts requirements for obtaining an instruction
permit to legally operate a motorcycle, motor-driven cycle,
motorized scooter, motorized bicycle, moped, or bicycle with an
attached motor.
The Senate amendments :
1)For drivers between the ages of 15 and a half and 21 years,
require them to pass the motorcycle driver's written exam, in
addition to completing a motorcyclist safety program, prior to
obtaining an instruction permit to drive a motorcycle.
2)For drivers between the ages of 15 and a half and 21 years,
require drivers to hold a motorcycle instruction permit for a
minimum of six months prior to being issued a motorcycle
license.
3)Prohibit anyone with a motorcycle instruction permit, not just
those under 18 years of age, to drive on the freeway, drive at
dark, or to carry a passenger.
4)Provide that a motorcycle instruction permit is valid for up
to 24 months.
5)Resolve chaptering-out conflicts with AB 2464.
EXISTING LAW :
1)Authorizes the Department of Motor Vehicles (DMV) to issue an
instruction permit to a mentally and physically qualified
person who is:
a) Fifteen and a half years old and has successfully
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completed an approved driver education course and a driver
training course;
b) Fifteen and a half years old and has successfully
completed an approved driver education course and is taking
a driver training course;
c) Fifteen and a half years old and is enrolled and
participating in an integrated driver education and
training program;
d) Is over 16 years old and applying for a restricted
driver's license; or,
e) Is over 17 and a half years old.
2)Provides that an instruction permit entitles the applicant to
operate a vehicle, with certain limitations.
3)Authorizes a person, 15 and half years old and who has
successfully completed approved courses in automobile
education and training, to operate a motorcycle having only an
instruction permit and only under certain conditions (such as,
during daylight hours, without a passenger (except a license
instructor), and not on a freeway).
4)Does not prohibit a minor, having received an instruction
permit, from operating a motorcycle prior to successfully
completing a motorcycle skills course.
5)Establishes a motorcyclist safety program within the
Department of the California Highway Patrol (CHP).
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the bill passed by the Senate.
FISCAL EFFECT : According to Assembly Appropriations Committee,
no net state costs to the California Highway Patrol (CHP), as
the state-sponsored motorcycle safety program is self-funded;
minor costs to DMV to update the driver's handbook and verify
completion of the motorcycle safety course prior to granting
instructional permits to minor motorcyclists.
COMMENTS : The author has introduced AB 1952 following the death
of a young constituent. The young man had obtained his
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instruction permit but had not yet taken the motorcycle safety
training course. On the first day out with his new motorcycle,
he was killed in an accident in front of his house. The author
has introduced this bill to change the motorcycle permitting and
licensure process to ensure minors cannot legally ride a
motorcycle without having taken the on-the-bike safety training
course.
A motorcycle requires more skill and coordination to operate
than a car, and provides little or no protection when involved
in a collision. This additional training could potentially
reduce the risk of injuries and fatalities among minors.
The California Motorcycle Safety Program (CMSP) is a
motorcyclist-funded, state-operated program administered by the
Motorcycle Safety Foundation (MSF) under contract with the CHP.
The basic rider course is designed for beginning riders and
provides five hours of classroom instruction and ten hours of
practical riding exercises in a controlled, off-street
environment-typically, a paved parking lot.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0005745