BILL ANALYSIS �
AB 2061
Page 1
Date of Hearing: April 9, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2061 (Norby) - As Amended: March 22, 2012
SUBJECT : Provisional driver's licenses
SUMMARY : Allows provisional licensees to transport, without
adult supervision, non-family members for essential educational
activities. Specifically, this bill :
1)Allows the holder of a provisional driver's license to drive
at any hour to 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, due to the 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.
2)Allows the holder of a provisional license to transport
persons other than immediate family members who may rely on
the licensee for essential education-related transportation,
including, but not limited to, school carpools, under the same
conditions as described in 1) above.
EXISTING LAW :
1)Requires driver's licenses for persons who are 16 or 17 years
of age to carry restrictions established within the
provisional licensing program described below.
2)Prohibits, during the first 12 months after issuance of a
provisional license, the licensee from driving between the
hours of 11 p.m. and 5 a.m., or transporting passengers who
are under 20 years of age, 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.
3)Allows, however, a provisional licensee to drive between the
hours of 11 p.m. and 5 a.m. or transport an immediate family
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member without supervision for: medical necessity of the
licensee when reasonable transportation facilities are
inadequate and operation of a vehicle by a minor is necessary;
schooling or school-authorized activities of the licensee when
reasonable transportation facilities are inadequate and
operation of a vehicle by a minor is necessary; employment
necessity of the licensee when reasonable transportation
facilities are inadequate and operation of a vehicle by a
minor is necessary; 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; or if the licensee is
an emancipated minor.
FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill in order to
address that problem of school functions where a provisionally
licensed driver is allowed to drive home only members of his or
her immediate family, whereas the driver may have friends who
need a ride due to their parents being unavailable to transport
them at that particular time. Under existing GDL restrictions,
the provisional licensee is prohibited from offering this favor
for his or her friends and, indirectly, to relieve the burden
the prospective passengers' parents.
It has long been recognized that it is within the initial months
of his or her licensure that a new driver faces the greatest
likelihood of being involved in a vehicular accident. It is
also well-established that many adolescents are inherently
risk-takers and that this behavior is often exacerbated when
they are in the company of their friends.
As a consequence, there has been for the past two decades a
national push for the adoption of graduated driver's license
(GDL) programs, wherein states place additional restrictions on
the licenses of young, new drivers. As the State PTA points
out, the GDL system "introduces them to driving in a low-risk
way, as they become more mature and develop their driving
skills."
In California, prior to 1998, learner's permits and provisional
driver's licenses were issued to persons between 15 and 18 years
of age. Those licenses did not impose unique restrictions on
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teen driving, but carried increased sanctions for violations of
the Vehicle Code before reaching the age of 18. SB 1329
(Leslie), Chapter 760, Statutes of 1997, enacted the initial
iteration of California's current GDL statutory scheme, placing
restrictions on the activities (driving at night, driving with
teenaged passengers, etc.) of 16- and 17-year old drivers for
the initial phase of licensure.
AB 1474 (Maze), Chapter 337, Statutes of 2005, extended the time
frame, from 6 to 12 months, during which a provisional licensee
is prohibited from operating a vehicle while transporting
individuals under the age of 20. It also prohibited provisional
licensees from driving between the hours of 11:00 p.m. and 5:00
a.m., instead of 12:00 a.m. and 5:00 a.m., during their first 12
months of licensure, without a signed statement attesting that
the driver's assistance is needed for medical, employment,
schooling, or family transportation purposes.
This bill would move in the opposite direction by allowing
provisional licensees to transport nonfamily members for
essential educational activities under the same conditions that
presently apply to the transport of immediate family members of
those provisional licensees. Additionally, there would be no
time restriction on this privilege.
The auto clubs, which oppose this bill, offer data showing that
the crash rate per mile driven by 16-year olds is six times
higher than for 20-year olds. They also point out that "during
the second year of California's GDL law, there was a 40% decline
in teen passenger deaths and injuries and a 30% decline in
preteen passenger deaths and injuries from 16-year-old drivers.
A national study of passenger restrictions by the IIHS found a
21% reduction in the fatal crash rate of 15-17-year-olds when
beginners were prohibited from driving with any teenagers in
their vehicles."
It is understood that the author of this bill nevertheless
believes that GDL programs are overly intrusive and impinge upon
the rights and responsibilities of parents. It is, however,
difficult to understand why the initial attempt to scale back
GDL restrictions would authorize groups of teens to travel by
car late at night. This would seem to be precisely the scenario
that GDL laws are designed to address.
Should the Committee in fact agree with the author that current
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GDL conditions are overly restrictive, it might wish to consider
whether the privilege granted by this bill should apply on a
24-hour basis. Given the many challenges faced by
inexperienced, young drivers, allowing them to transport their
friends during late night/early morning hours would appear to be
tempting fate. At the very least, applying the existing 11:00
p.m. to 5:00 a.m. restriction to this bill should be considered,
if not a complete hours-of-darkness limitation. The bill also
raises an interesting question in that it retains the existing
requirement for parental consent, but this applies only to the
parent of the driver. Since the bill expands the GDL school
transportation exemption beyond the driver's immediate family,
it would necessarily involve the transportation of individuals
who are not the children of the driver's parent. If it chooses
to pass this bill, the Committee may wish to require that those
friends have the permission of their own parents as well.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
AAA Northern California, Nevada and Utah
Association of California Insurance Companies
Automobile Club of Southern California
California Association of Highway Patrolmen
California State PTA
Personal Insurance Federation of California
State Farm Insurance
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093