BILL NUMBER: AB 2464 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 12, 2010
PASSED THE ASSEMBLY AUGUST 17, 2010
AMENDED IN SENATE AUGUST 9, 2010
AMENDED IN SENATE JUNE 28, 2010
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 Sections 12509 and 12814.6 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2464, 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.
Existing law also provides that a person, while having in his or
her immediate possession a valid permit issued pursuant to the above
provisions, 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.
This bill would delete the above alternative requirement and raise
the age of the California-licensed driver to 21 years of age. The
bill would also make conforming changes to these provisions.
(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. The act
also requires that the applicant 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.
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 and would require that a licensed
driving school or independent driving instructor provide a driving
log that the student may use to document the 50 hours of supervised
practice.
The bill would make other conforming and clarifying changes to
these provisions.
(3) This bill would incorporate additional changes to Section
12509 of the Vehicle Code proposed by AB 1952, to be operative only
if AB 1952 and this bill become effective on or before January 1,
2010, and this bill is enacted last.
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 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.
(3) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
(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
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, 21 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 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 (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.
SEC. 2.5. 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) Is15 years of age 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 15 years of age 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.
(3) Is over 16 years of age and is applying for a restricted
driver's license pursuant to Section 12814.7.
(4) Is over 17 years of age 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
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, 21 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 (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.
(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 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, 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 person shall hold an instruction permit for not less than
six months prior to applying for a provisional driver's license.
(3) The person shall have complied with one of the following:
(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.
(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.
(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 subparagraph shall not be
required by the governing board of a school district to comply with
subparagraph (A) in order to graduate from high school. The driving
school or independent driving instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5 shall provide a driving
log that the student may use to document the 50 hours of supervised
practice required pursuant to paragraph (4).
(D) Except as provided under subparagraph (B), a student shall not
take driver training instruction, unless he or she has successfully
completed driver education.
(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. 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 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.
(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.
SEC. 4.
Section 2.5 of this bill incorporates amendments to Section 12509
of the Vehicle Code proposed by both this bill and AB 1952. It shall
only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
12509 of the Vehicle Code, and (3) this bill is enacted after AB
1952, in which case Section 2 of this bill shall not become
operative.