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SB-1360 Driver’s license: driving test: Republic of Korea.(2017-2018)

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Date Published: 04/20/2018 04:00 AM
SB1360:v97#DOCUMENT

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

February 16, 2018


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


LEGISLATIVE COUNSEL'S DIGEST


SB 1360, as amended, Portantino. Reciprocal driver’s license agreement: Driver’s license: driving test: Republic of Korea.

Existing law authorizes, subject to specified provisions, a person over 16 years of age who is a resident of a foreign jurisdiction outside the United States or Canada, as specified, having a valid driver’s license issued to him or her by that foreign jurisdiction, to operate a motor vehicle in this state without obtaining a license from the Department of Motor Vehicles, unless the department determines that the foreign jurisdiction does not meet the licensing standards imposed by the Vehicle Code.

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 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, when issuing a specified noncommercial driver’s license, to waive any of the above-described examination requirements for a California resident who holds a valid driver’s license issued by the Republic of Korea if, among other requirements, the department determines that the examination standards of the Republic of Korea are substantially similar to those described above and the Republic of Korea extends the same reciprocal privileges. 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.
This bill would authorize issuance of a driver’s license under these provisions 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, and his or her presence in the United States is authorized under federal law. law, and he or she has submitted a notarized copy of the English translation of the driver’s license and of the driving record issued by the Republic of Korea, as specified.
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 12804.16 is added to the Vehicle Code, to read:
12804.16.

(a)To the extent not prohibited by federal law or treaties, when issuing a noncommercial class C driver’s license, the department may waive any of the examination requirements described in paragraph (1) of subdivision (a) of Section 12804.9 for a California resident who holds a valid driver’s license issued to him or her by the Republic of Korea and who applies for an original driver’s license in this state, if all of the following conditions are met:

(1)The department determines that the examination standards of the Republic of Korea for the equivalent of a noncommercial class C driver’s license are substantially similar to the examination standards under paragraph (1) of subdivision (a) of Section 12804.9.

(2)The Republic of Korea 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 and the Republic of Korea exchange letters or other documentation to confirm the reciprocal extension of privileges relating to the issuance of a driver’s license.

(b)For issuance of a driver’s license pursuant to this section, all of the following conditions shall be 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 issued by 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.

(c)For purposes of subdivision (a), the driver’s license that was issued by the Republic of Korea may be equivalent to a commercial class A, B, or C driver’s license, or equivalent to an 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.

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.