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AB-2098 Driver’s licenses: requirements.(2011-2012)

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AB2098:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2098


Introduced  by  Assembly Member Jones

February 23, 2012


An act to amend Section 2006 of the Streets and Highways Code, relating to county roads. 12509 of, and to add Section 12814.9 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2098, as amended, Jones. County road commissioners. Driver’s licenses: requirements.
(1) Existing law authorizes the Department of Motor Vehicles, for good cause, to issue an instruction permit. Existing law, 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 less than 18 years of age pursuant to the provisional licensing program. The provisional licensing program requires completion of at least 1 of 5 education and training or examination components and imposes during restrictions on the licensee applicable during the first 12 months after insurance of the provisional license. A violation of the Vehicle Code is a crime.
This bill would prohibit the department from issuing a driver’s license to a person who is 18 or 19 years of age unless the person meets the requirements may similar to those established under the provisional licensing program, but which would not include driving restrictions.
The bill would impose a state-mandated local program by creating new crimes.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the appointment of a road commissioner in each county by the board of supervisors, with specified powers and duties relating to county roads. Existing law provides for exceptions to this requirement in cases in which the duties of the road commissioner have been transferred by the board of supervisors to the county director of transportation or another authorized person.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 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) Is 15 years and 6 months of age 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 and 6 months of age 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) Is 15 years and 6 months of age 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.
(4) Is over 16 years of age and is applying for a restricted driver’s license pursuant to Section 12814.7.
(5) Is over 17 years and 6 months of age.
(6) Is over 17 years and 6 months of age and is applying for a driver’s license pursuant to Section 12814.9.
(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, 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 who is 18 years of age or over and whose driving privilege is not subject to 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 (4) of subdivision (a), may only operate a government-owned motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when taking 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. 2.

 Section 12814.9 is added to the Vehicle Code, to read:

12814.9.
 (a) The department shall not issue a driver’s license to a person who is 18 or 19 years of age unless the person meets the requirements specified in subdivisions (b), (c), and (d).
(b) The person shall have held an instruction permit for not less than six months prior to applying for the driver’s license. The department shall issue the instruction permit upon satisfactory completion of a written examination.
(c) The person shall have complied with one of the following:
(1) Satisfactory completion of on approved course 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.
(2) 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.
(3) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5, and satisfactory completion of one of the following:
(A) An accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code.
(B) Professional instruction that is equivalent to subparagraph (A) and is acceptable to the department. To be acceptable to the department, the professional instruction provided pursuant to this subparagraph shall meet minimum standards that may 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.
(d) The person shall successfully complete a driving test, as required by the department.
(e) Except as provided under paragraph (2) of subdivision (c), a student may not take driver training instruction, unless he or she has successfully completed driver education.
(f) A person who has complied with subdivision (c) shall not be required by the governing board of a school district to comply with paragraph (1) of subdivision (c) in order to graduate from high school.
(g) (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 a person who is 18 or 19 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.
(h) Before retaking an examination or test required by this section, 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.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 2006 of the Streets and Highways Code is amended to read:
2006.

(a)Except as otherwise provided in this chapter, the board of supervisors of each county shall appoint a single road commissioner for all road districts in the county. Every person who is appointed road commissioner after December 31, 1965, shall be a registered civil engineer. However, the City and County of San Francisco may appoint a person road commissioner who is not a registered civil engineer. Any person appointed road commissioner on or before December 31, 1965, need not be a registered civil engineer if he or she is approved by the board of supervisors as qualified and competent to handle the road and highway work of the county. Any person who is a road commissioner in any county on December 31, 1965, need not be a registered civil engineer to be appointed road commissioner of another county after December 31, 1965. After October 1, 1952, no person shall be appointed road commissioner until the board of supervisors holds a public hearing on the qualifications of the candidate or candidates for the position of road commissioner. At least 14 days but not more than 30 days prior to the hearing, notice of the hearing shall be posted at the county courthouse and published at least once in a newspaper of general circulation in the county. Nothing in this section precludes one person from serving two or more counties. An elective county official shall not be appointed road commissioner after October 1, 1952, unless the official is holding the position of road commissioner on that date. The road commissioner is, at all times, under the direction and supervision of the board of supervisors but may be dismissed, after a hearing, only upon a majority vote of the board. This subdivision does not apply in chartered counties whose charter requires the county surveyor to perform the duties of, or exercise the powers conferred by law on, the road commissioner.

(b)Each county shall furnish evidence to the Controller that it has complied with this section.

(c)Neither the Controller nor any other state officer shall make any allocations or payments to any county from the Highway Users Tax Account in the Transportation Tax Fund until the county has complied with the requirements of this section; except that, if a vacancy occurs in the office of road commissioner of a county, the allocations or payments to the county shall not be suspended pursuant to this section unless the county has not appointed a new road commissioner in accordance with this section within 180 days from the date the vacancy first occurred.

(d)The 180-day time limit is contingent on the condition that there be a qualified acting road commissioner functioning during the interim period under direct appointment by the board of supervisors.