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SB-1360 Driver’s license: driving test: foreign nationals.(2017-2018)

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Date Published: 06/15/2018 04:00 AM
SB1360:v96#DOCUMENT

Revised  August 16, 2018
Amended  IN  Assembly  June 14, 2018
Amended  IN  Senate  April 19, 2018
Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1360


Introduced by Senator Portantino
(Coauthor: Assembly Member Choi)

February 16, 2018


An act to add Section 12804.16 to amend Section 12804.9 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


SB 1360, as amended, Portantino. Driver’s license: driving test: Republic of Korea. foreign nationals.
Existing law prohibits a person from having in his or her possession or otherwise under his or her control more than one driver’s license. Existing law prohibits the Department of Motor Vehicles from issuing a driver’s license, or renewing a driver’s license, of a person who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed. Except as specified, existing law requires the department to require an applicant for an original driver’s license to submit satisfactory proof of California residency and that the applicant’s presence in the United States is authorized under federal law.
Existing law requires the department, upon application for an original driver’s license, except a student license, to require an examination of the applicant. Existing law requires the examination to test, among other things, the applicant’s knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer, and a test of the hearing and eyesight of the applicant, as specified. Existing law authorizes the department to waive the driving test part of the examination for an applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance.
This bill would authorize the department, to the extent not prohibited by federal law or treaties, for purposes of the issuance of a specified noncommercial driver’s license, to extend the waiver of the driving test part of the examination to an applicant who submits a driver’s license issued by the Republic of Korea if the department verifies through the applicant’s driving record that there are no stops, holds, or other impediments to its issuance. a foreign nation if, among other requirements, the foreign nation has a driving examination that is substantially similar to the examination required by the department and the foreign nation offers the same reciprocal privilege to a person holding a license issued by this state.
Under the bill, the applicant would qualify for the exemption only if specified conditions are met, including, among others, that the applicant is 18 years of age or older, he or she has submitted satisfactory proof of California residency, his or her presence in the United States is authorized under federal law, and he or she has submitted a notarized copy of the English translation of the driver’s license and of the driving record specified documents issued by the Republic of Korea, as specified. foreign nation, and there are no stops, holds, or other impediments to issuance in the applicant’s driving record.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Republic of Korea.

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

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


SECTION 1.

 Section 12804.9 of the Vehicle Code is amended to read:

12804.9.
 (a) (1) The examination shall include all of the following:
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.
(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.
(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.
(iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.
(I) A motorized scooter.
(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.
(K)  Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.
(g) The department may accept a certificate of satisfactory completion of a motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
(i) A person under 21 years of age shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a novice motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
(k) For purposes of the issuance of a noncommercial class C driver’s license, notwithstanding subparagraph (D) of paragraph (1) of subdivision (a), and to the extent not prohibited by federal law or treaties, the department may waive the driving test part of the examination for an applicant who submits a driver’s license issued by a foreign nation under the following conditions:
(1) The department has determined the driving examination required by the foreign nation is substantially similar to the driving examination required by the department.
(2) The foreign nation, in a memorandum of understanding, extends the same reciprocal privileges relating to the issuance of a driver’s license to a person who holds a valid driver’s license issued by this state.
(3) The department verifies through the applicant’s abstract of driving record provided pursuant to paragraph (4) that there are no stops, holds, or other impediments to the issuance of a license.
(4) The applicant has submitted a copy of the applicant’s foreign driver’s license and an abstract of the applicant’s foreign driving record covering no less than the previous five years, issued by the appropriate government entity from the foreign nation and, if applicable, the English translation of the driver’s license and abstract of driving record. These documents shall all be notarized by a consulate general of the issuing foreign nation in this state.
(5) The applicant is 18 years of age or older.
(6) The applicant has submitted satisfactory proof of California residency.
(7) The driver’s license issued by the foreign nation has been surrendered to the department or has been destroyed.
(l) For purposes of subdivision (k), the driver’s license that was issued by the foreign nation may be equivalent to a noncommercial or a commercial class A, class B, or class C driver’s license, but the driver’s license that is issued by the department pursuant to this section shall only be a noncommercial class C driver’s license.
(m) As used in subdivision (k), “foreign nation” means any jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

SECTION 1.Section 12804.16 is added to the Vehicle Code, to read:
12804.16.

(a)For purposes of the issuance of a noncommercial class C driver’s license, notwithstanding subparagraph (D) of paragraph (1) of subdivision (a) of Section 12804.9, and to the extent not prohibited by federal law or treaties, the department may waive the driving test part of the examination described in Section 12804.9 for an applicant who submits a driver’s license issued by the Republic of Korea if the department verifies through the applicant’s driving record that there are no stops, holds, or other impediments to its issuance. The applicant shall qualify for the exemption under this section only if all of the following conditions are met:

(1)The applicant is 18 years of age or older.

(2)The applicant has submitted satisfactory proof of California residency, and the applicant’s presence in the United States is authorized under federal law.

(3)The applicant has submitted a notarized copy of the English translation of the driver’s license, and of the driving record, issued by the appropriate state entity from the Republic of Korea, as notarized by a consulate general of the Republic of Korea in this state or by a notary public in this state.

(4)The driver’s license issued by the Republic of Korea has been surrendered to the department or is destroyed.

(b)For purposes of subdivision (a), the driver’s license that was issued by the Republic of Korea may be equivalent to a noncommercial class C driver’s license, commercial class A, B, or C driver’s license, or M1 or M2 driver’s license, but the driver’s license that is issued by the department pursuant to this section shall only be a noncommercial class C driver’s license.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the examination standards of the Republic of Korea for the issuance of a driver’s license.

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REVISIONS:
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