AB 1267

Bill Subjects

Abstract

(1) Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver's license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. Existing law requires a person to hold an instruction permit for not less than 6 months prior to applying for a provisional license. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, as specified. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances. A violation of these provisions is punishable as an infraction. This bill would, commencing July 1, 2020, expand the scope of the provisional licensing program by expanding the applicable age range for the program to persons at least 16 years of age, but under 21 years of age. The restrictions on provisional licensees described above would apply during the first 6 months after issuance of a provisional license to a licensee who is 18, 19, or 20 years of age, subject to specified exemptions. The bill would, commencing July 1, 2020, require a person at least 18 years of age, but under 21 years of age, to hold an instruction permit for at least 60 days before applying for a provisional license. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would, commencing July 1, 2020, make other technical and conforming changes. The bill would also include specified findings and declarations. (2) Existing law generally authorizes the Department of Motor Vehicles, for good cause, to issue an instruction permit to any physically and mentally qualified person who applies to the department for an instruction permit and who meets any one of 5 specified requirements, including that the person is 17 years and 6 months of age or older. This bill would, commencing July 1, 2020, raise the age for the above requirement to 20 years and 6 months. Existing law provides that a person, while having in the person's immediate possession a valid permit issued pursuant to the above provisions, 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 whose driving privilege is not on probation, as specified. A violation of this provision is punishable as an infraction. This bill would, commencing July 1, 2020, for purposes of supervising a person issued a valid permit as described above, raise the required age of the California-licensed driver to 21 years of age. By changing the definition of an existing infraction, the bill would impose a state-mandated local program. (3) Existing law prohibits a person from owning or operating a driving school or giving driving instruction for compensation without a license issued by the Department of Motor Vehicles. This bill would require an owner or operator of a driving school or an independent driving instructor, as a condition of obtaining a new license or renewed license from the department on and after July 1, 2020, to offer and accept installment payments, as specified, for the compensation to provide the instruction required by the Brady-Jared Teen Driver Safety Act of 1997. The bill would also authorize the Department of Motor Vehicles to charge a driving school, as specified, a fee not to exceed $1 for each driver education or driver training certificate of completion furnished by the department and issued to a person who has demonstrated satisfactory completion of a certified driver education and driver training course, in order to recover the department's reasonable costs in administering the provisional licensing program. The bill would prohibit a driving school from charging an applicant a fee for a certificate of completion that exceeds the fee the department charges the school. (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.