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AB-1115 Vehicles: driver’s licenses.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1115


Introduced by Assembly Member Jones

February 22, 2013


An act to amend Section 12509 of, and to add Section 12814.9 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1115, as introduced, Jones. Vehicles: driver’s licenses.
Existing law permits, except as specified, the Department of Motor Vehicles, for good cause, to issue an instruction permit to a physically and mentally qualified person who applies to the department for an instruction permit and meets one of specified requirements, including, but not limited to, being over 16 years of age and applying for a restricted driver’s license as specified, or being over 17 years and 6 months of age.
This bill would add to the specified requirement that a person be over 17 years and 6 months of age, that he or she must also be applying for a driver’s license pursuant to, specified provision. This bill would include in that additional specified provision that the department is prohibited from issuing a driver’s license to a person who is 18 years of age or older unless that person demonstrates that he or she completed a written examination before being issued an instruction permit, that he or she held the instruction permit prior to applying for a driver’s license, satisfactory completion of a specified driver education program that is approved by the department, and satisfactory completion of a driving test as required by the department. This bill would also establish a specified waiting period before a driver’s license applicant may retake a specified examination or test.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 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) For purposes of paragraph (5) of subdivision (a) of Section 12509, the department shall not issue a driver’s license to a person who is 18 years of age or older unless the person meets the following requirements:
(1) The person shall have held an instruction permit prior to applying for a driver’s license. The department shall issue the instruction permit upon satisfactory completion of a written examination.
(2) Satisfactory completion of a driver education program that is approved by the department. The driver education program may be conducted through the Internet or by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5.
(3) Satisfactory completion of a driving test, as required by the department.
(b) 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.