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AB-1996 Vehicles: driver’s record: violation point counts.(2011-2012)

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AB1996:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1996


Introduced  by  Assembly Member Huber

February 23, 2012


An act to amend add Section 12810 of 12810.1 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1996, as amended, Huber. Vehicles: driver’s record: violation point counts.
Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of the suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point count. Existing law assesses a point against the driver’s record if the driver is deemed by the department to be responsible for a traffic accident.

This bill would make a technical, nonsubstantive change in those provisions governing the allocation of point counts for specified violations of the Vehicle Code.

This bill would authorize a person whose driving record has been assessed a point based on responsibility for a traffic accident to request an administrative hearing with the department within one year of the assessment to contest the assessment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12810.1 is added to the Vehicle Code, to read:

12810.1.
 A person whose driving record has been assessed a point pursuant to subdivision (g) of Section 12810 may, within one year of the assessment of the point, request that the department conduct an administrative hearing to contest the assessment of the point against his or her driving record.

SECTION 1.Section 12810 of the Vehicle Code is amended to read:
12810.

In determining the violation point count, the following shall apply:

(a)A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.

(b)A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.

(c)A conviction of reckless driving shall be given a value of two points.

(d)(1)A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.

(2)A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.

(e)A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.

(f)Except as provided in subdivision (i), any other traffic conviction that involves the safe operation of a motor vehicle upon the highway shall be given a value of one point.

(g)A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.

(h)A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.

(i)(1)A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.

(2)A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.

(3)A violation of subdivision (d) of Section 21712 shall not result in a violation point count.

(4)A violation of Section 23136 shall not result in a violation point count.

(5)A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.

(j)A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.