BILL ANALYSIS Ó
AB 1024
Page 1
ASSEMBLY THIRD READING
AB
1024 (Beth Gaines)
As Amended April 14, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+----------------------|
|Transportation |14-1 |Frazier, Achadjian, |Gomez |
| | |Baker, Bloom, | |
| | |Campos, Chu, Daly, | |
| | |Dodd, Eduardo | |
| | |Garcia, Kim, Linder, | |
| | |Medina, Melendez, | |
| | |O'Donnell | |
| | | | |
|----------------+------+---------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 1024
Page 2
SUMMARY: Establishes alternative licensing requirements for
operators of Internet-based driver education schools, as
specified. Specifies that these requirements are to commence for
new operators on or after July 1, 2016.
EXISTING LAW:
1)Requires Department of Motor Vehicles (DMV) to establish
occupational licensing requirements for driving school
operators.
2)Requires driver school operators to meet a number of
requirements including, passing a DMV-administered examination,
be age 21 or older, and serve as a behind the wheel driving
instructor for a minimum of 2,000 hours.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, "Minor absorbable costs to the DMV."
COMMENTS: Currently a minor between 15 and a half years old and
18 years old interested in obtaining a driver's license under
DMV's graduated driver's license program (GDL) must first complete
both a driver's education course and a six-hour behind-the-wheel
driver's training course. The driver's education course includes
information on a variety of topics including the basic
fundamentals of being a safe and responsible driver, a review of
pertinent driving laws, and GDL program restrictions.
Additionally, behind-the-wheel driver's training allows the minor
to practice basic driving skills under the supervision of an
instructor. Once a minor has successfully completed both their
driver's education course and driver's training course, the next
step is to take DMV's written test to obtain a learner's permit.
AB 1024
Page 3
DMV licenses and approves all owners, operators, and instructors
of driver's education and driver's training courses. DMV also
establishes course curricula, conducts monitoring activities, and
performs other regulatory functions. Driver's education operators
and instructors are also subject to separate licensing
requirements due to their differing responsibilities - instructors
provide coursework instruction and engage with students, whereas
operators carry out administrative functions, oversee instructors,
and, at times, provide instruction. Students are also provided a
wide range of driver's education and training courses including
classroom only driver's education, combined classroom driver's
education and behind-the-wheel training, home study driver's
education, Internet-based driver's education, and separate
driver's training instruction.
The author introduced this bill on behalf of the sponsor to
eliminate what she believes is an unnecessary requirement for
Internet-based driver's education operators. Presently a driver's
education operator must meet a number of requirements in order to
obtain a DMV-issued occupational license including serving as a
driving instructor for a minimum of 2,000 hours. While these
requirements ensured an operator was adequately trained to manage
both driver's education and training courses 20 years ago, the use
of Internet-based companies solely providing driver's education
courses has steadily increased. These online courses typically
provide only driver's education coursework and then, upon
successful completion, refer the student to local driver's
training courses. An available instructor or operator is required
to be available via online chat or through a customer service line
to answer any questions a student may pose. Thus, an operator
rarely, if at all, engages in person with a student. These
particular set of operator requirements originally tailored for
the classroom-based driver's education and training model has left
many Internet-based driver's education companies struggling to
hire or replace operators within a reasonable period, in turn,
jeopardizing the company's ability to conduct business.
AB 1024
Page 4
This bill provides an alternative set of licensing requirements
for new operators who only administer Internet-based driver's
education. Notably, this bill replaces the 2,000-hour
behind-the-wheel instructor requirement with an eight-hour
mandatory driver's education program that must be successfully
completed. The author notes that this bill will "remove the
unnecessary 2,000-hour requirement of behind-the-wheel training
from operators of Internet-based driver's education companies who
don't provide behind-the-wheel training in the course of their
business."
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN: 0000301