Today's Law As Amended


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AB-863 Driver’s licenses: instruction permits.(2021-2022)



As Amends the Law Today


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.
(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 their  immediate possession of  a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of, and paragraph (5) of,  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 the front passenger seat to  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 their  immediate possession of  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.
(h) The accompanying licensed driver described in subdivision (d) shall not be under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug.
(i) A violation of subdivision (h) by the accompanying licensed driver is punishable as an infraction and shall not constitute grounds for any adverse action against the permittee. Notwithstanding this subdivision, an accompanying driver who is in actual physical control of the vehicle is subject to Sections 23140, 23152, and 23153.
SEC. 2.
 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.