BILL NUMBER: AB 2464 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 7, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Huffman
(Coauthors: Assembly Members Eng and Torlakson)
FEBRUARY 19, 2010
An act to amend Section Sections 12509 and
12814.6 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2464, as amended, Huffman. Vehicles: provisional licensing.
(1) Existing law, except as specified, authorizes the Department
of Motor Vehicles, for good cause, to issue an instruction permit to
any physically and mentally qualified person who applies to the
department for an instruction permit and meets any one of 5 specified
requirements, including the requirement that the person be 15 years
and 6 months of age or older and have successfully completed an
approved course in automobile driver education and be taking driver
training, as specified.
This bill would delete the above alternative requirement and make
conforming changes.
The
(2) The Brady-Jared Teen Driver
Safety Act of 1997 allows for the issuance of a driver's license to
an applicant who is at least 16 years of age but under 18 years of
age pursuant to the provisional licensing program. Under the act,
licensees are required to meet specified requirements, driver
education, and training. The act requires, among other things,
that the applicant for an original license be issued an instruction
permit to operate a motor vehicle, other than a motorcycle or
motorized bicycle, only when the person is either taking specified
driver training instruction or practicing that instruction, provided
the person is accompanied by, and is under the immediate supervision
of, a California licensed driver 25 years of age or older whose
driving privilege is not on probation.
This bill would delete the requirement that the applicant be
taking or practicing specified driving instruction to be issued an
instruction permit under the act.
The bill would make other conforming and clarifying changes to
these provisions.
This bill would require that the instruction permit is not valid
until the applicant completes the first lesson of behind-the-wheel
instruction. The bill would provide that a person is not qualified to
receive a Certificate of Completion of Behind-the-Wheel Driver
Training unless the person records, maintains, and submits a
supervised driving log to a driving school or independent driving
instructor showing that the required amount of driving practice has
been completed.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Teenage drivers in California continue to die, suffer serious
injuries, and cause accidents at a greater rate than any other age
group despite a decade of increasingly stricter requirements for
licensing young drivers.
(b) According to the National Highway Traffic Safety
Administration (NHTSA), motor vehicle crashes continue to be the
leading cause of death for 15 to 20 year olds, accounting for 21
percent of California's traffic fatalities, even though this age
group constitutes less than 6 percent of California's licensed
drivers.
(c) The NHTSA also reports that, nationally, 12.9 percent of all
drivers involved in fatal crashes were between 15 to 20 years of age.
In comparison, these young drivers represent 6.3 percent of all
licensed drivers. In 2006, young drivers between 15 to 20 years of
age had the highest fatal crash involvement rate of any age group
with 59.5 fatal crashes per 100,000 licensed drivers. The involvement
rate is highest, at 63.98 percent, for 16-year-old drivers whose
driving experience is the most limited.
(d) From a public health perspective, motor vehicle crashes are
among the most serious problems facing teenagers. Studies by the
American Automobile Association's Foundation for Traffic Safety
indicate that first-year drivers have 10 times the crashes per mile
as adults, and for every teen driver that crashes and dies, two other
vehicle users or pedestrians are killed in that crash.
(e) From an economic perspective, these crashes also impose an
enormous cost to society. In its publication, The Economic Impact of
Motor Vehicle Crashes, the NHTSA reported that, in 2002, the
estimated economic cost of police-reported fatal and nonfatal crashes
involving drivers 15 to 20 years of age was $40.8 billion.
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 any 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)
(2) Is age 15 years and 6 months and enrolled and
participating in an integrated driver education and training program
as provided in subparagraph (B) of paragraph (3) of subdivision (a)
of Section 12814.6.
(4)
(3) Is over the age of 16 years and is applying for a
restricted driver's license pursuant to Section 12814.7.
(5)
(4) 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, paragraph
(1) or (2) 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 25 years of age or over whose
driving privilege is not on probation. Except as provided in
subdivision (e), 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 paragraphs (1) to (3),
inclusive, paragraph (1) or (2) of subdivision
(a), who is age 15 years and 6 months or older and who has
successfully completed approved courses in automobile education and
driver training as provided in paragraph (3) of subdivision (a) of
Section 12814.6, and a person, while having in his or her immediate
possession a valid permit issued pursuant to subdivision (a), who is
age 17 years and 6 months or older, may, in addition to operating a
motor vehicle pursuant to subdivision (d), also operate a motorcycle,
motorized scooter, or a motorized bicycle, except that the person
shall not operate a motorcycle, motorized scooter, or a motorized
bicycle during hours of darkness, shall stay off any freeways that
have full control of access and no crossings at grade, and shall not
carry any passenger except an instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5 of this code or a
qualified instructor as defined in Section 41907 of the Education
Code.
(f) A person, while having in his or her immediate possession a
valid permit issued pursuant to paragraph (4)
(3) 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) 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) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
SECTION 1. The Legislature finds and declares
all of the following:
(a) The National Transportation Safety Board, on August 5, 2005,
concluded that "the 56-year-old formula of 30 hours of classroom
training followed sequentially by 6 hours of behind-the-wheel
training was determined arbitrarily and is probably inadequate to
teach teenagers the skills necessary to drive safely on today's
roadways." Moreover, the report indicates that researchers "have
shown that driver education accomplished in 30 hours of classroom and
6 hours of behind-the-wheel training, cannot reasonably be expected
to transform a nondriver into a safe driver."
(b) At the recommendation of the National Transportation Safety
Board, the National Highway Traffic Safety Administration (NHTSA)
completed a nearly four-year project that concluded on April 16,
2009, with the publication of the Novice Teen Driver Education and
Training Administrative Standards (NTDET AS). These new training
standards for novice drivers reflect the collective knowledge and
experience of both research and practice in driver education and
training today. Organizations participating in this project include
the NHTSA, the American Driver and Traffic Safety Education
Association (ADTSEA), the American Automobile Association (AAA)
Foundation for Traffic Safety, the Driving School Association of the
Americas, as well as 58 driver education and training specialists,
and state administrators from the United States and Canada. New
training standards for novice drivers include both of the following:
(1) Completion of a minimum of 45 hours of classroom theory that
includes risk management principles in all driving situations.
(2) Completion of a minimum of 10 hours of behind-the-wheel
instruction that includes crash avoidance and risk management skill
training in all driving situations and using visual search skills to
obtain current information and make reduced-risk decisions for
effective speed and position adjustments.
(c) In February 2008, the Center on Juvenile and Criminal Justice
reported the following problems with graduated driver licensing:
(1) It is based on age, the least important factor, rather than
based on important individual and social factors.
(2) It fails to address localized variations, such as poverty,
older vehicles, and other factors.
(3) It fails to address high-risk drivers. In fact, this failure
may worsen the problem by deputizing high-risk parents to train their
children.
(4) It reduces the number of crashes caused by 16- and 17-year-old
drivers by reducing their driving instead of improving their skills,
thus resulting in less experienced 18- and 19-year-old drivers.
(d) The Center on Juvenile and Criminal Justice recommends the
following for driver licensing:
(1) Change the current graduated licensing law from an age-based
process to a skill- and competence-based process.
(2) Award driving privileges to novice drivers of all ages based
on rigorously testing on-the-road driving skills and knowledge, not
on enduring arbitrary delays and restrictions until a certain age is
reached.
(3) Reinstate professionalism in driver training and not presume
the driving ability of anyone over 25 years of age.
(e) The AAA Foundation for Traffic Safety reports that the
majority of novice driver crashes are due to inexperience. Novice
teenage drivers must be given the skills needed to avoid crashes. Car
crashes are the number one cause of death among 15 to 20 year olds.
First-year teenage drivers have 10 times the crashes per mile as
adults. Novice teenage drivers do not recognize the risks involved
with driving a motor vehicle and unsafe behavior. What they do not
know leads to false confidence. This same pattern exists at all ages
and levels of experience.
(f) On January 18, 2006, the AAA Foundation for Traffic Safety
reported that the majority of people killed in teenage driver crashes
are people other than the teenage drivers themselves. Young novice
drivers comprise slightly more than one-third of all the fatalities
in crashes in which they are involved, whereas nearly two-thirds of
those killed are other vehicle users and pedestrians. These
statistics provide new urgency to the need to develop new training
modalities that will substantially reduce these tragic deaths.
(g) The goal of the California Strategic Highway Safety Plan -
Challenge 6: Reduce Young Driver Fatalities is to reduce the number
of fatalities involving drivers between 15 and 20 years of age by 15
percent from their 2004 level of 811 deaths. Fatalities among those
drivers averaged 801 highway fatalities during the 13-year span
between 1995 and 2007. Novice drivers must be given the skills needed
to avoid fatal crashes. The Strategic Highway Safety Program has
determined that the traffic safety economic impact to California for
each highway fatality is $4,100,000. Considering the value of a life,
the costs of rehabilitation, and the pain and suffering of a lost
loved one, the economic justification for collision prevention
training is overwhelming and obvious.
(h) According to traffic safety researcher, Dr. Richard Harkness
of Sacramento-based Advanced Drivers Education Products and Training,
Incorporated, there is an overwhelming consensus in the research
that suggests that traditional prelicensing driver education and
training produces little or no crash reduction benefit for young
drivers. Several significant flaws in driver training that appear to
be responsible for the disappointing crash reduction performance
observed in most of the research include:
(1) Driver education and in-car training targets the rules of the
road and the Department of Motor Vehicles drive test, not crash
reduction.
(2) Most of the content of driver education or training is
opinion-based and not science-based regarding crash reduction.
(3) Learning and teaching effectiveness evaluations are virtually
nonexistent in the driver training industry as is contemporary
instructional design or technology.
(4) Novice teenage drivers have not developed basic driving skills
and their cognitive learning level is not ready to master complex
collision prevention training.
(i) Teaching and retention of advanced skills collision prevention
training during the initial stage of in-car training for teenagers
are difficult and problematic at best. Advanced safety skill
acquisition requires skill integration and multitasking. Research has
shown that advanced driver skills, such as collision prevention
training, cannot be effectively mastered until the teenager has some
real and meaningful on-the-road driving experience.
(j) In 2007, the American Association of State Highway and
Transportation Officials (AASHTO), in cooperation with the Federal
Highway Administration, issued its Strategic Highway Safety Plan to
reduce annual highway fatalities to 1.0 fatality per 100 million
vehicle-miles of travel. The report includes: A Guide for Reducing
Collisions Involving Young Drivers. The report strongly acknowledges
that young, inexperienced teenage drivers "clearly make poor
judgments in their first many months of driving, resulting in a high
crash rate. These failed judgments often represent mistakes in
assessing, or in even noticing, hazards in the driving environment.
They also reflect misconceptions about drivers' limited abilities and
their susceptibility to crashing. Therefore, a promising approach
for improving young driver safety may lie in more effectively
training them to perceive hazards and to respond accordingly, rather
than focusing on the kinds of basic vehicle control skills that are
frequently and mistakenly equated with safe driving."
(k) Organizations on record that recommend that driver education
and training programs for novice drivers focus on vehicle handling
and crash avoidance, driver behavior, and risk reduction include the
AAA Foundation for Traffic Safety, the American Driver and Traffic
Safety Education Association, the Governors' Highway Safety
Association, the National Highway Traffic Safety Administration, the
Driving School Association of the Americas, Incorporated, the
American Association of State Highway and Transportation Officials,
Advanced Drivers Education Products and Training, Incorporated, the
Driving School Association of California, Incorporated, and the
Federal Highway Administration.
( l ) The lifesaving benefits of crash
avoidance training have been recognized by the Department of
Insurance that authorizes a 20-percent automobile insurance policy
premium discount for teenagers 16 to 18 years of age who complete
designated crash avoidance training. The discount translates into
several hundred dollars a year for most insured drivers that is
tantamount to refunding the cost of collision prevention training
over a three-year period. Through the discount, parents actually save
substantially while providing lifesaving crash avoidance training
for their teenagers.
SEC. 2. SEC. 3. Section 12814.6 of
the Vehicle Code is amended to read:
12814.6. (a) Except as provided in Section 12814.7, a driver's
license issued to a person at least 16 years of age but under 18
years of age shall be issued pursuant to the provisional licensing
program contained in this section. The program shall consist of all
of the following components:
(1) Upon application for an original license, the applicant shall
be issued an instruction permit pursuant to Section 12509. A person
who has in his or her immediate possession a valid permit issued
pursuant to Section 12509 may operate a motor vehicle, other than
a motorcycle or motorized bicycle, only when the person is
either taking the driver training instruction referred to in
paragraph (3) or practicing that instruction, provided the person is
accompanied a motorcycle or motorized bicycle,
provided the person is accompanied by, and is under the
immediate supervision of, a California-licensed driver 25 years of
age or older whose driving privilege is not on probation. The age
requirement of this paragraph does not apply if the licensed driver
is the parent, spouse, or guardian of the permitholder or is a
licensed or certified driving instructor.
(2) The instruction permit is not valid until the applicant
completes the first lesson of behind-the-wheel instruction.
(3)
(2) The person shall hold an instruction permit for not
less than six months prior to applying for a provisional driver's
license.
(4) (A)
(3) The person shall have complied with one
of the following:
(i)
(A) Satisfactory completion of approved courses in
automobile driver education and driver training maintained pursuant
to provisions of the Education Code in any secondary school of
California, or equivalent instruction in a secondary school of
another state.
(ii)
(B) Satisfactory completion of an integrated driver
education and training program that is approved by the department and
conducted by a driving instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5. The program shall
utilize segmented modules, whereby a portion of the educational
instruction is provided by, and then reinforced through, specific
behind-the-wheel training before moving to the next phase of driver
education and training. The program shall contain a minimum of 30
hours of classroom instruction and six hours of behind-the-wheel
training.
(iii)
(C) Satisfactory completion of six hours or more of
behind-the-wheel instruction by a driving school or independent
driving instructor licensed under Chapter 1 (commencing with Section
11100) of Division 5 and either an accredited course in automobile
driver education in any secondary school of California pursuant to
provisions of the Education Code or satisfactory completion of
equivalent professional instruction acceptable to the department. To
be acceptable to the department, the professional instruction shall
meet minimum standards to be prescribed by the department, and the
standards shall be at least equal to the requirements for driver
education and driver training contained in the rules and regulations
adopted by the State Board of Education pursuant to the Education
Code. A person who has complied with this clause
subparagraph shall not be required by the governing board
of a school district to comply with clause (i)
subparagraph (A) in order to graduate from high school.
(B) Except as provided under clause (ii) of subparagraph (A),
(D) Except as provided under
subparagraph (B), a student shall not take driver training
instruction, unless he or she has successfully completed driver
education.
(5)
(4) The person shall complete 50 hours of supervised
driving practice prior to the issuance of a provisional license,
which is in addition to any other driver training instruction
required by law. Not less than 10 of the required practice hours
shall include driving during darkness, as defined in Section 280.
A person is not qualified to receive a Certificate of
Completion of Behind-the-Wheel Driver Training unless the person
records, maintains, and submits to the driving school or independent
driving instructor licensed under Chapter 1 (commencing with Section
11100) of Division 5 a supervised driving log showing that the
required amount of driving practice has been completed. Upon
Upon application for a provisional license, the
person shall submit to the department the certification of a parent,
spouse, guardian, or licensed or certified driving instructor that
the applicant has completed the required amount of
50 hours of supervised driving practice and is prepared
to take the department's driving test. The requirement that a
person must complete 50 hours of supervised driving practice shall be
explicitly stated on the instruction permit. A person without
a parent, spouse, guardian, or who is an emancipated minor, may have
a licensed driver 25 years of age or older or a licensed or certified
driving instructor complete the certification. This requirement does
not apply to motorcycle practice.
(6)
(5) The person shall successfully complete an
examination required by the department. Before retaking a test, the
person shall wait for not less than one week after failure of the
written test and for not less than two weeks after failure of the
driving test.
(b) Except as provided in Section 12814.7, the provisional driver'
s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the first 12
months after issuance of a provisional license the licensee shall not
do any of the following unless accompanied and supervised by a
licensed driver who is the licensee's parent or guardian, a licensed
driver who is 25 years of age or older, or a licensed or certified
driving instructor:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m.
or transport an immediate family member without being accompanied and
supervised by a licensed driver who is the licensee's parent or
guardian, a licensed driver who is 25 years of age or older, or a
licensed or certified driving instructor, in the following
circumstances:
(A) Medical necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from a physician familiar with the
condition, containing a diagnosis and probable date when sufficient
recovery will have been made to terminate the necessity.
(B) Schooling or school-authorized activities of the licensee when
reasonable transportation facilities are inadequate and operation of
a vehicle by a minor is necessary. The licensee shall keep in his or
her possession a signed statement from the school principal, dean,
or school staff member designated by the principal or dean,
containing a probable date that the schooling or school-authorized
activity will have been completed.
(C) Employment necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. The licensee shall keep in his or her
possession a signed statement from the employer, verifying employment
and containing a probable date that the employment will have been
completed.
(D) Necessity of the licensee or the licensee's immediate family
member when reasonable transportation facilities are inadequate and
operation of a vehicle by a minor is necessary to transport the
licensee or the licensee's immediate family member. The licensee
shall keep in his or her possession a signed statement from a parent
or legal guardian verifying the reason and containing a probable date
that the necessity will have ceased.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is in violation of the
restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether a driver who is subject to the
license restrictions in subdivision (b) is in violation of Article
2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of
Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any licensee has violated paragraph
(1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community
service for a first offense and not less than 16 hours nor more than
24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first
offense and a fine of not more than fifty dollars ($50) for a second
or subsequent offense.
(2) If the court orders community service, the court shall retain
jurisdiction until the hours of community service have been
completed.
(3) If the hours of community service have not been completed
within 90 days, the court shall impose a fine of not more than
thirty-five dollars ($35) for a first offense and not more than fifty
dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when
reported to the department, shall not be disclosed as otherwise
specified in Section 1808 or constitute a violation point count value
pursuant to Section 12810.
(g) Any term of restriction or suspension of the driving privilege
imposed on a person pursuant to this subdivision shall remain in
effect until the end of the term even though the
person becomes 18 years of age before the
term ends.
(1) The driving privilege shall be suspended when the record of
the person shows one or more notifications issued pursuant to Section
40509 or 40509.5. The suspension shall continue until any
notification issued pursuant to Section 40509 or 40509.5 has been
cleared.
(2) A 30-day restriction shall be imposed when a driver's record
shows a violation point count of two or more points in 12 months, as
determined in accordance with Section 12810. The restriction shall
require the licensee to be accompanied by a licensed parent, spouse,
guardian, or other licensed driver 25 years of age or older, except
when operating a class M vehicle, or so licensed, with no passengers
aboard.
(3) A six-month suspension of the driving privilege and a one-year
term of probation shall be imposed whenever a licensee's record
shows a violation point count of three or more points in 12 months,
as determined in accordance with Section 12810. The terms and
conditions of probation shall include, but not be limited to, both of
the following:
(A) The person shall violate no law which, if resulting in
conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises
as a result of a motor vehicle accident, the person may, in writing
and within 10 days, demand a hearing to present evidence that he or
she was not responsible for the accident upon which the action is
based. Whenever action by the department is based upon a conviction
reportable to the department under Section 1803, the person has no
right to a hearing pursuant to Article 3 (commencing with Section
14100) of Chapter 3.
(i) The department shall require a person whose driving privilege
is suspended or revoked pursuant to subdivision (g) to submit proof
of financial responsibility as defined in Section 16430. The proof of
financial responsibility shall be filed on or before the date of
reinstatement following the suspension or revocation. The proof of
financial responsibility shall be maintained with the department for
three years following the date of reinstatement.
(j) (1) Notwithstanding any other provision of this code, the
department may issue a distinctive driver's license, that displays a
distinctive color or a distinctively colored stripe or other
distinguishing characteristic, to persons at least 16 years of age
and older but under 18 years of age, and to persons 18 years of age
and older but under 21 years of age, so that the distinctive license
feature is immediately recognizable. The features shall clearly
differentiate between driver's licenses issued to persons at least 16
years of age or older but under 18 years of age and to persons 18
years of age or older but under 21 years of age.
(2) If changes in the format or appearance of driver's licenses
are adopted pursuant to this subdivision, those changes may be
implemented under any new contract for the production of driver's
licenses entered into after the adoption of those changes.
(k) The department shall include, on the face of the provisional
driver's license, the original issuance date of the provisional
driver's license in addition to any other issuance date.
(l) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.