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AB-63 Driver’s licenses: provisional licenses.(2017-2018)

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Date Published: 04/05/2017 09:00 PM
AB63:v98#DOCUMENT

Corrected  April 06, 2017
Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 63


Introduced by Assembly Member Frazier
(Coauthor: Senator Newman)

December 12, 2016


An act to amend Section 12814.6 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 63, as amended, Frazier. Driver’s licenses: provisional licenses.
Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver’s license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, unless he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances, including a school or school-authorized activity or an employment necessity, and requires the licensee to keep certain supporting documentation in his or her possession. A violation of these provisions is punishable as an infraction.
This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program to 16 to under 21 years of age. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would authorize a licensee who is 18, 19, or 20 years of age to keep in his or her possession a copy of his or her class schedule or work schedule as documentation to satisfy the exceptions for a school or school-authorized activity and employment necessity, respectively, and would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and the operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member. The bill would make other technical and conforming changes. The bill would also include specified findings and declarations.

Existing law requires the Department of Motor Vehicles to regulate the issuance of licenses in this state and to impose and collect fees for the issuance of those licenses.

This bill would authorize the department to impose and, except as specified, collect a fee from each student who earns a provisional driver’s license pursuant to the provisions described above, on and after January 1, 2018, in the amount of $2 or an amount not to exceed the reasonable regulatory costs to the department in implementing the changes described above, whichever is less.

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) According to the State Department of Public Health’s EpiCenter and data provided by the National Center for Injury Prevention and Control of the federal Centers for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death and hospitalizations for California’s children and youth between 1 and 19 years of age and the leading cause of injury-related deaths for children under one year of age. The EpiCenter data shows that every 10 years unintentional injuries cause the death of nearly 10,000 California children and youth, result in the hospitalization of another 240,000, and result in more than 4 million emergency room visits, at a cost of more than $617 million a year in medical costs and $3.4 billion a year in medical and wage loss costs combined when parents, caregivers, or guardians have to take time off work to help care for an injured child or plan for a funeral.
(b) According to the EpiCenter, the National Center for Injury Prevention and Control, the National Highway Traffic Safety Administration (NHTSA), and the American Academy of Pediatrics, vehicle crashes are the leading cause of death and hospitalizations for teenage youth nationwide, and crashes involving teenage drivers are most likely to lead to teenage deaths and hospitalizations.
(c) Vehicle crashes involving children and youth 19 years of age or younger cost California’s health care system $110 million in medical costs and $387 million in medical and wage loss costs combined, excluding ongoing medical, follow-up care, special education, services provided by the State Department of Developmental Services, and other associated costs.
(d) According to the CDC, the Insurance Institute for Highway Safety, the Department of Motor Vehicles, the Department of the California Highway Patrol, and NHTSA data, there are five factors that have a documented impact on reducing teenage driver-involved crashes and result in fewer deaths and injuries involving first-time teenage drivers:
(1) Teenage drivers obtaining their first driver’s license after completing a Graduated Driver Licensing (GDL) program, which requires driver education training, and a period of time during which the driver gains experience driving under the restrictions of a provisional license.
(2) Teenage drivers not texting or using a cellular telephone while driving.
(3) Teenage drivers not having peers in the car as passengers, especially during the provisional driver’s license time period.
(4) Teenage drivers not drinking alcohol and driving.
(5) Teenage drivers wearing a shoulder harness seatbelt at all times while driving.
(e) According to the CDC, NHTSA, and Insurance Institute for Highway Safety, data, first-time teenage drivers who have obtained their unrestricted driver’s license after completing a GDL program, similar to the GDL program in California, have 40 to 60 percent fewer crashes than first-time teenage drivers who have not gone through GDL. California’s GDL program only covers first-time teenage drivers who are 16 or 17 years of age. First-time California teenage drivers who are 18 or 19 years of age are not required to complete California’s GDL program.
(f) According to the Department of Motor Vehicles, 35 percent or more of California’s teenagers do not first obtain their driver’s license until they are 18 or 19 years of age.
(g) The California 2015–2019 Strategic Highway Safety Plan Implementation Plan, prepared in part by the California Emergency Medical Services Authority, the California Office of Traffic Safety, the California Department of Transportation, the California Department of Public Health, the Department of the California Highway Patrol, and the Department of Motor Vehicles, calls for extending California’s graduated driver’s license program to apply to novice drivers through 20 years of age.

(g)

(h) For all of these reasons, and because California’s GDL program has proven to be successful in greatly reducing first-time teenage driver-involved crashes, the Legislature has a compelling reason to protect all of our state’s teenage drivers, and everyone else who drives on the same roadways, by expanding California’s first-time teenage driver GDL program to include persons who are under 21 years of age, but over 17 years of age, to allow first-time teenage drivers enough time to fully complete the driver education and provisional or restricted driver’s license phase of the GDL program.

SEC. 2.

 Section 12814.6 of the Vehicle Code is amended to read:

12814.6.
 (a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:
(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license.
(3) The person shall have complied with one of the following:
(A) Satisfactory completion of approved courses 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.
(B) 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.
(C) 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 either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to 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. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education.
(4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.
(5) The person shall successfully complete an examination required by the department. Before retaking a test, 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.
(b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions:
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following 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:
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
(2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or 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, in the following circumstances:
(A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B) School or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the school or school-authorized activity will have been completed.
(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i).
(C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i).
(D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required.
(E) The licensee is an emancipated minor.
(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends.
(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared.
(2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.
(h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j) (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 persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 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.
(k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date.

(l)The department shall impose and, except as otherwise provided in this subdivision, collect a fee from each student who earns a provisional driver’s license pursuant to this section, on and after January 1, 2018, in the amount of two dollars ($2) or an amount not to exceed the reasonable regulatory costs to the department, whichever is less, of implementing the changes made to this section by the act adding this subdivision. If the student completes the requirements set forth in paragraph (3) of subdivision (a) at a driving school, as described in Section 12660, the department may require the driving school to collect the fee from students who complete those requirements at that driving school and remit the two-dollar ($2) fee to the department.

(m)

(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.

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.
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CORRECTIONS:
Heading—Line 2.
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