AB 863

Bill Subjects

Abstract

Existing law authorizes the Department of Motor Vehicles to issue an instruction permit, as specified. Under existing law, an instruction permit authorizes the permittee to operate a vehicle, as specified, under the immediate supervision of a California-licensed driver who is over the age of 18. Existing law also requires the accompanying licensed driver to occupy a position in the passenger compartment of the vehicle that enables them to provide guidance and assist in controlling the vehicle if necessary. This bill would prohibit the accompanying licensed driver from being under the influence of alcohol or drugs and would make a violation punishable as an infraction. This bill would clarify that the permittee is not subject to any adverse action for the accompanying licensed driver's violation of this provision. The bill would also clarify that an accompanying driver who is in actual physical control of the vehicle is subject to laws prohibiting driving under the influence. The bill also would require the accompanying licensed driver to be seated in the front passenger seat. By creating a new crime, the bill would impose a state-mandated local program. 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.