BILL NUMBER: AB 1220	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 27, 2009

   An act to amend Sections 12509 and 12814.6 of, and to add Section
12811.2 to, the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1220, as introduced, Huffman. Vehicles: supervised driving:
young drivers.
   (1) Existing law allows a person with an instructional permit
issued by the Department of Motor Vehicles to generally operate a
motor vehicle when accompanied and supervised by a California
licensed driver who, among other things, is 18 years of age or over
and whose driving privilege is not on probation. A violation of these
provisions is an infraction.
   This bill would additionally require that the supervising licensed
driver have held his or her license for at least one year.
    (2) Existing law requires the department, upon proper
application, to issue driver's licenses to persons 18 years of age or
older who meet specified criteria.
   This bill would require, on and after January 1, 2011, for a
driver's license to be issued to a person at least 18 years of age
but under 25 years of age, the person to complete 50 hours of
supervised driving practice, not less that 10 of which is required to
include driving during darkness. The bill would require the person
to record and maintain a supervised driving log, provided by the
department, in the vehicle while the person is practicing. Upon
application for a driver's license, the person would be required to
submit to the department the supervised driving log, certifying that
the applicant has completed the required amount of driving practice
and is prepared to take the department's driving test.
   (3) Existing law, the Brady-Jared Teen Driver Safety Act of 1997,
allows for the issuance of a driver's license to a person at least 16
years of age but under 18 years of age pursuant to the provisional
licensing program. Under the act, licensees are required to meet
specified requirements, driver education, and training, and are
prohibited during the first 12 months after issuance of a license
from driving during the hours of 11 p.m. and 5 a.m. or from
transporting passengers who are under 20 years of age, except as
provided. A violation of these provisions is an infraction.
   This bill would require a person at least 16 years of age but
under 18 years of age who is eligible for a driver's license issued
pursuant to the provisional licensing program to record and maintain
a supervised driving log in the vehicle while the person is
practicing.
   Because these provisions would create new crimes, the bill would
impose a state-mandated local program.
   (4) 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.
State-mandated 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) Motor vehicle crashes are the leading cause of death for
teenage drivers between 15 and 20 years of age, accounting for 13
percent of all fatal crashes according to statistics compiled by the
National Highway Traffic Safety Administration.
   (b) On a per population basis, drivers under 25 years of age have
the highest rate of involvement in fatal crashes of any age group
according to the National Highway Traffic Safety Administration.
   (c) According to the University of California, Berkeley Traffic
Safety Center 2006 Report: Teens and Driving in California - Summary
of Research and Best Practices, teenagers in California have the
highest average annual collision and traffic offense rate. Per mile
driven, their crash rate is four times that of other drivers.
   (d) Many teens are waiting until they are 18 years of age to get
their driver's license. The number of provisional licenses issued per
year for persons 16 and 17 years of age is steadily decreasing
despite an increase in population in California.
   (e) California does not require any person 18 years of age or
older to take driver education or driver training to obtain a driver'
s license.
   (f) Although still high, crash rates for 16- and 17-year old
drivers are declining with the enactment of the Brady-Jared Teen
Driver Safety Act of 1997, but crash rates among 18 year olds are
increasing.
   (g) Brain development research indicates that the decisionmaking
part of the brain is not fully developed until 25 years of age. The
frontal cortex regulates impulse control, judgment, problem solving,
and emotional processing, all which affect decisions behind the
wheel, according to the University of California Berkeley Traffic
Safety Center 2006 Report.
   (h) Fatalities and collision rates drop significantly after 25
years of age according to the Department of the California Highway
Patrol 2006 Statewide Integrated Traffic Records System.
   (i) Research shows that practice behind the wheel dramatically
reduces crash rates for new drivers. The crash risk drops by more
than two-thirds after the first 1,000 to 1,500 miles of independent
driving.
   (j) Eighteen to 24 year olds would be safer drivers as a result of
taking a driver awareness program designed to teach drivers about
the dangers facing young motorists and how to remain safe on the
road.
   (k) The National Safety Council, a leader in driver improvement
training for more than 40 years, developed Defensive Driving Course,
a highly interactive young driver intervention program in which the
instructor plays the role of facilitator, to specifically target
drivers between 16 and 24 years of age.
   (l) Defensive Driving Course teaches young adults that people in
their age group are more likely to be hurt or killed in a vehicle
crash; inexperience, distractions, and peer pressure cause unique
driving hazards; speeding, alcohol, and "party drugs" greatly
increase their risk of injury or death; as a driver or passenger,
they can greatly reduce their risk by taking control; and committing
to changing their driving behavior makes personal, legal, and
financial sense.
  SEC. 2.  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 any physically and mentally qualified person
who meets one of the following requirements and who applies to the
department for an instruction permit:
   (1) Is age 15 years and 6 months 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 age 15 years and 6 months 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 age 15 years and 6 months and enrolled and participating in
an integrated driver education and training program as provided in
subparagraph (B) of paragraph (3) of subdivision (a) of Section
12814.6.
   (4) Is over the age of 16 years and is applying for a restricted
driver's license pursuant to Section 12814.7.
   (5) Is over the age of 17 years and 6 months.
   (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 his or her immediate possession a valid permit issued pursuant to
paragraphs (1) to (3), inclusive, 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, 18 years of age or  over 
 older  whose driving privilege is not on probation  and
who has held a valid license for at least one year  . Except as
provided in subdivision (e), an accompanying licensed driver at all
times shall occupy a position within the driver's compartment that
would 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 his or her immediate possession a
valid permit issued pursuant to paragraphs (1) to (3), inclusive, of
subdivision (a), who is age 15 years and 6 months or older and who
has successfully completed approved courses in automobile education
and driver training as provided in paragraph (3) of subdivision (a)
of Section 12814.6, and a person, while having in his or her
immediate possession a valid permit issued pursuant to subdivision
(a), who is age 17 years and 6 months or older, may, in addition to
operating a motor vehicle pursuant to subdivision (d), also operate a
motorcycle, motorized scooter, or a motorized bicycle, except that
the person shall not operate a motorcycle, motorized scooter, or a
motorized bicycle during hours of darkness, shall stay off any
freeways that have full control of access and no crossings at grade,
and shall not carry any passenger except an instructor licensed under
Chapter 1 (commencing with Section 11100) of Division 5 of this code
or a qualified instructor as defined in Section 41907 of the
Education Code.
   (f) A person, while having in his or her immediate possession 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 a
driver training instruction administered by the California National
Guard.
   (g) 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.
   (h) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
  SEC. 3.  Section 12811.2 is added to the Vehicle Code, to read:
   12811.2.   On and after January 1, 2011, a driver's license shall
only be issued to a person at least 18 years of age but under 25
years of age if the person has completed 50 hours of supervised
driving practice. Not less than 10 of the required practice hours
shall include driving during darkness, as defined in Section 280. The
person shall record and maintain a supervised driving log, provided
by the department, in the vehicle while the person is practicing.
Upon application for a driver's license, the person shall submit to
the department the supervised driving log, certifying that the
applicant has completed the required amount of driving practice and
is prepared to take the department's driving test. This requirement
does not apply to motorcycle practice.
  SEC. 4.  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 18
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 subdivision 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 may 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.  The person shall
record and maintain a supervised driving log, provided by the
department, in the vehicle while the person is practicing.  Upon
application for a provisional license, the person shall submit to
the department the  supervised driving log and 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 may 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 minor 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) Schooling or school-authorized activities of the licensee when
reasonable transportation facilities are inadequate and operation of
a vehicle by a minor is necessary. 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 schooling or school-authorized
activity will have been completed.
   (C) Employment necessity of the licensee when reasonable
transportation facilities are inadequate and operation of a vehicle
by a minor is necessary. 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.
   (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 minor 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.
   (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, may 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 18
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 violate no law which, 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) This section shall be known and may be cited as the
Brady-Jared Teen Driver Safety Act of 1997.
  SEC. 5.  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.