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AB-2357 Driver’s licenses: renewal.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
AB2357:v98#DOCUMENT

Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2357


Introduced by Assembly Member Voepel

February 13, 2018


An act to amend Section 12814.5 13384 of the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 2357, as amended, Voepel. Driver’s licenses: renewal.
Existing law prohibits the Department of Motor Vehicles from issuing or renewing a driver’s license to a person unless the person consents in writing to submit to a chemical test or tests of that person’s blood, breath, or urine, or a preliminary alcohol screening test, for purposes of determining if the person is driving under the influence of alcohol or drugs, as specified. Existing law specifies the content of the written consent.
This bill would require a driver’s license renewal notice for a person who is required to pass a written examination in order to renew his or her driver’s license to provide written notice of that requirement.

Existing law provides that the expiration date for an original driver’s license or a driver’s license renewal is the 5th birthday of the applicant following the date of the application for the license. Existing law authorizes the Director of Motor Vehicles to establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail. Existing law, pursuant to that program, authorizes the department to renew by mail driver’s licenses for licensees meeting specified requirements, including that the person is not 70 years of age or older, and that the department shall not renew a driver’s license by mail if the license has been previously renewed by mail 2 consecutive times for 5-year periods.

This bill would authorize a driver who is between 55 and 69 years of age, inclusive, who has no at-fault accidents or violations other than parking violations on his or her driving record for the preceding 15 years to renew his or her license by mail. The bill would provide that a driver qualifying under these provisions would not be required to take a written exam, but would be required to pass an eye exam established by the department. The bill would provide that the prohibition against renewing a driver’s license more than 2 consecutive times by mail would not apply to a driver qualifying under these provisions.

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

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


SECTION 1.

 Section 13384 of the Vehicle Code is amended to read:

13384.
 (a) The department shall not issue or renew a driver’s license to any person unless the person consents in writing to submit to a chemical test or tests of that person’s blood, breath, or urine pursuant to Section 23612, or a preliminary alcohol screening test pursuant to Section 23136, when requested to do so by a peace officer.
(b) All application forms for driver’s licenses or driver’s license renewal notices shall include a requirement that the applicant sign the following declaration as a condition of licensure:
“I agree to submit to a chemical test of my blood, breath, or urine for the purpose of determining the alcohol or drug content of my blood when testing is requested by a peace officer acting in accordance with Section 13388 or 23612 of the Vehicle Code.”
(c) The department is not, incident to this section, required to maintain, copy, or store any information other than that to be incorporated into the standard application form.
(d) A driver’s license renewal notice for a person who is required to pass a written examination in order to renew his or her driver’s license shall provide written notice of that requirement.

SECTION 1.Section 12814.5 of the Vehicle Code is amended to read:
12814.5.

(a)The director may establish a program to evaluate the traffic safety and other effects of renewing driver’s licenses by mail. Pursuant to that program, except as provided in subdivision (b), the department may renew by mail driver’s licenses for licensees not holding a probationary license, and whose records, for the two years immediately preceding the determination of eligibility for the renewal, show no notification of a violation of subdivision (a) of Section 40509, a total violation point count not greater than one as determined in accordance with Section 12810, no suspension of the driving privilege pursuant to Section 13353.2, and no refusal to submit to or complete chemical testing pursuant to Section 13353 or 13353.1.

(b)A driver who is between 55 and 69 years of age, inclusive, who has no at-fault accidents or violations other than parking violations on his or her driving record for the preceding 15 years, may renew his or her license by mail, notwithstanding subdivision (f). A driver qualifying under this subdivision is not required to take a written exam, but shall be required to pass an eye exam established by the department.

(c)The director may terminate the renewal by mail program authorized by this section at any time the department determines that the program has an adverse impact on traffic safety.

(d)No renewal by mail shall be granted to any person who is 70 years of age or older.

(e)The department shall notify each licensee granted a renewal by mail pursuant to this section of major changes to the Vehicle Code affecting traffic laws occurring during the prior five-year period.

(f)The department shall not renew a driver’s license by mail if the license has been previously renewed by mail two consecutive times for five-year periods.