BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1113
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: frazier
VERSION: 6/18/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 25, 2013
SUBJECT:
Provisional driver's licenses
DESCRIPTION:
This bill expands restrictions on provisional driver's license
holders.
ANALYSIS:
Existing law:
Establishes a provisional driver's license program for
individuals between 16 and 18 years of age.
Provides that prior to issuing a provisional license, the
Department of Motor Vehicles (DMV) shall issue an instruction
permit, commonly referred to as a learner's permit.
Provides that the following individuals are eligible to apply
for a learner's permit:
o An individual 15 years and six months of age or older
who has successfully completed approved driver education
and training classes, has completed driver education and is
enrolled in driver training, or is enrolled in an
integrated driver education and training program;
o An individual 16 years of age who is applying to drive a
United States Army or National Guard vehicle; or
o An individual 17 years and 6 months of age or older.
Provides that the learner's permit authorizes the individual
to a operate a motor vehicle only when he or she is either
taking a driver training class or is practicing under the
immediate supervision of a California licensed driver 25 years
or older whose driving privilege is not on probation. (The
age requirement does not apply if the supervising driver is
the parent, spouse, or guardian of the permit holder, or is a
AB 1113 (FRAZIER) Page 2
certified driving instructor.)
Prohibits a learner's permit holder from applying for a
provisional driver's license until he or she has held the
permit for at least six months. Requires a permit holder,
prior to applying for a provisional driver's license, to
complete successfully:
o Driver education and driver training classes, as
specified;
o At least six hours of behind-the-wheel training;
o 50 hours of supervised driving practice, including at
least 10 hours of nighttime driving; and
o An exam required by the Department of Motor Vehicles
(DMV), which includes a written text of the applicant's
knowledge and understanding of laws regarding the rules of
the road; a test of the applicant's ability to read and
understand simple English used in traffic and directional
signs; a test of the applicant's understanding of traffic
signs and signals; a demonstration of the applicant's
driving ability; a hearing test; and a vision test.
Prohibits, during the first 12 months, a provisional 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 by the provisional license holder's parent or
guardian, a licensed driver who is 25 years or older, or a
licensed or certified driving instructor.
Allows a provisional licensee to drive between 11 p.m. and 5
a.m. or transport an immediate family member without
supervision in specified cases of medical necessity, school
activities, job necessity, need to transport an immediate
family member, or if the licensee is an emancipated minor.
Allows an individual 18 years of age or older to apply for an
original driver's license by completing an application, giving
a thumbprint, having a picture taken, providing a social
security number, providing verification of birth date and
legal presence, paying an application fee, passing an eye
exam, and passing a traffic laws and sign test. DMV may issue
a permit once the individual completes these requirements.
Provides that an individual 18 years of age or older who holds
a permit must be accompanied by another individual 18 years or
older when practicing driving.
AB 1113 (FRAZIER) Page 3
Provides that an individual may schedule a driving test at DMV
at any time once he or she has obtained a permit.
This bill :
Increases, from six to nine months, the minimum time an
individual must hold an instruction permit before applying for
a provisional driver's license.
Provides that a provisional licensee is subject to certain
restrictions during the entire time she or he holds the
provisional license, not just during the first 12 months.
Expands by one hour the driving ban for provisional licensees,
to the hours between 10 p.m. and 5 a.m.
Raises by one year the age of passengers a provisional
licensee may transport, to 21 years of age.
Expands by one hour the period during which a provisional
licensee may transport an immediate family member without
supervision, as specified, to the hours between 10 p.m. and 5
a.m.
Prohibits DMV from issuing a provisional license or full
license to a driver who does not have a six-month period of
conviction-free driving.
COMMENTS:
1.Purpose . The author states that while the graduated driver
licensing system has been effective in reducing young novice
driver crash rates, associated injuries, and premature death
to themselves and others, a significant teenage driver safety
problem remains. The author points to compelling evidence
that graduated driver licensing systems work. The Insurance
Institute for Highway Safety and others note that longer
learner permit periods result in fewer teenage driver
fatalities, while additional driver education does not have a
significant impact. The author also notes the importance of
nighttime driving restrictions for teenage drivers; the
National Highway Traffic Safety Administration (NHTSA) has
found that four out of every 10 teenage deaths in motor
vehicles occur between 9 p.m. and 6 a.m. The author further
notes that studies show that the presence of passengers,
particularly other teenagers, significantly increases teenage
AB 1113 (FRAZIER) Page 4
drivers' risk of severe or fatal crashes. A 2012 study by the
AAA Foundation for Traffic Safety found that having one
passenger younger than 21 in the vehicle increased the driver
death rate per mile driven by 44 percent compared with driving
alone.
2.Graduated driver's licenses . Every state has enacted a law or
laws making it more difficult for teenagers to obtain driver's
licenses, commonly referred to as graduated driver's licensing
(GDL). GDL aims to enable teens to gain valuable driving
experience in low-risk driving situations. The Johns Hopkins
Bloomberg School of Public Health has found that states with
strong GDL laws have reduced fatalities of 16-year-old drivers
by 11 percent.
Prior to 1998, California law allowed teenagers age 16 to 18
years to obtain a learner's permit or provisional driver's
license with only minimal restrictions, such as requiring an
individual to hold a learner's permit for at least 30 days
before applying for a provisional license. SB 1329 of 1997
(see "Previous legislation" below) enacted the state's initial
GDL system.
3.Unintended consequences . While fatality and injury rates have
dropped significantly for 16- and 17-year-old drivers, some
research indicates that fatalities and injuries have increased
for 18-year-old drivers. In September 2011, the Journal of
the American Medical Association released a national study
that included 22 years of data from before and after
establishment of GDL programs in all states. The study found
that strong GDL programs were statistically associated with
lower fatalities for only 16-year-old drivers, while fatal
crash rates were statistically higher for 18-year-old drivers.
While the study indicated that more research is needed to
fully understand these results, it concluded that "studies
need to examine crashes for all ages from 16 through 19 years,
not merely for 16- or 17-year-olds. Examining only crashes
involving young teens exaggerates the protective value of GDL
by focusing only on drivers who are sheltered during the
learner and intermediate licensing stages, overlooking the
potential negative effect of producing less experienced older
teenaged drivers."
In addition, a growing number of teenagers are now waiting
until they turn 18 to obtain their driver's license, for a
variety of reasons including stricter licensing laws, higher
AB 1113 (FRAZIER) Page 5
gas prices, changes in Generation Y's values and preferences,
and the rise of social media. California law does not require
individuals 18 years or older to take driver's education and
training classes, which can run several hundred dollars. It
also does not impose a limit on how long an individual must
hold a permit before he or she can take a driving test. The
committee may wish to consider the impact that imposing still
more restrictions on GDL will have on 16- and 17-year-olds'
desire and ability to obtain a driver's license. This bill
may have the unintended consequence of increasing the number
of untrained drivers over 18.
4.Is raising the driving age the answer ? Under existing law, an
individual can apply for a learner's permit once her or she
reaches the age of 15 years and six months and has met
statutory education and training requirements. After six
months of holding a learner's permit, and after completing
statutory requirements, the individual can then apply for a
provisional driver's license. By extending the learner's
permit period to nine months, this bill raises the age at
which an individual can obtain a driver's license from 16
years, to 16 years and three months.
Some advocates argue that states should raise the driving age
to 18, on the basis that maturity contributes to a safer
driver who takes fewer risks. However, age alone is not
sufficient to ensure a skilled driver. GDL has reduced teen
driver fatalities and injuries with a comprehensive approach
of education, training, restrictions, and supervised driving
requirements. In particular, research shows that supervised
behind-the-wheel time significantly improves driving skills.
5.MAP-21 compliance . In July 2012, Congress passed and
President Obama signed the Moving Ahead for Progress in the
21st Century Act (Public Law 112-41), known as MAP-21. This
legislation authorizes federal transportation funding to
states through September 30, 2014. Among other things,
MAP-21includes incentives for states to implement GDL systems
by making states that meet specified GDL provisions eligible
for grants to promote teenage driver safety. Although final
regulations have not yet been issued, it appears that
California largely or fully meets all the requirements except
for a provision requiring drivers to have a six-month period
of conviction-free driving prior to advancing from learner's
permit to provisional license, or from provisional license to
full license. This bill includes that provision to help
AB 1113 (FRAZIER) Page 6
ensure California's eligibility for teen driver safety grants.
6.Previous legislation :
SB 1329 (Leslie), Chapter 760, Statutes of 1997 required
teenage drivers to hold a learner's permit for six months
before applying for a provisional driver's license and to
complete 50 hours of supervised driving practice, including
at least 10 hours of nighttime driving, before obtaining a
provisional license. It also prohibited provisional
licensees, for the first six months, from driving between
midnight and 5 a.m. or transporting passengers under 20
years of age, unless accompanied by licensed driver who was
the driver's parent or guardian or a person 25 years or
older authorized by the parent or guardian.
AB 1474 (Maze), Chapter 337, Statutes of 2005, extended
the bans on nighttime driving and transporting passengers
under 20 years of age to 12 months, as well as expanding
the nighttime ban to the hours between 11 p.m. and 5 a.m.
(unless the driver has a signed statement attesting to
medical, job, school, or family transportation purposes).
RELATED LEGISLATION
AB 724 (Cooley), which was held on the suspense file in the
Assembly Appropriations Committee, would have extended
provisional driver's license requirements to those under age 20
instead of those under age 18.
Assembly Votes:
Floor: 65-6
Appr: 16-1
Trans: 15-1
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 19,
2013.)
SUPPORT: Allstate Insurance Company (sponsor)
Advocates for Highway and Auto Safety
Association of California Insurance Companies
Automobile Club of Southern California
AB 1113 (FRAZIER) Page 7
California Association of Highway Patrolmen
Impact Teen Drivers
Personal Insurance Federation of California
State Farm Insurance
OPPOSED: None received.