Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the Director of Motor Vehicles to prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education, including curriculum, facilities, and equipment.

Existing law establishes a motorcyclist safety program, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for a novice rider training course and a premier motorcyclist safety training program.

This bill would authorize a motorcyclist safety training program that is licensed as a traffic violator school to administer a motorcyclist training course, and would authorize the course to include instruction specific to the safe and lawful operation of motorcycles in addition to the curriculum prescribed by the department for traffic violator schools.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the Director of Motor Vehicles to prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education, including curriculum, facilities, and equipment.

Existing law establishes a motorcyclist safety program, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for a novice rider training course and a premier motorcyclist safety training program.

This bill would authorize a motorcyclist safety training program that is licensed as a traffic violator school to administer a motorcyclist training course, and would authorize the course to include instruction specific to the safe and lawful operation of motorcycles in addition to the curriculum prescribed by the department for traffic violator schools.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the Director of Motor Vehicles to prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education, including curriculum, facilities, and equipment.

Existing law establishes a motorcyclist safety program, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for a novice rider training course and a premier motorcyclist safety training program.

This bill would authorize a motorcyclist safety training program that is licensed as a traffic violator school to administer an advanced-level a motorcyclist training course, and would authorize the course to include instruction specific to the safe and lawful operation of motorcycles in addition to the curriculum prescribed by the department for traffic violator schools.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit persons who hold a specified noncommercial drivers license, or certain persons who hold a specified commercial drivers license, to attend a licensed traffic violator school. Existing law authorizes the court to continue a proceeding against that person in consideration of successful completion of a course of instruction at the licensed traffic violator school. Existing law prohibits a court from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense, if the offense occurred in a commercial vehicle or is one of specified driving offenses. Existing law authorizes the Director of Motor Vehicles to prescribe rules and regulations for traffic violator schools regarding the conduct of courses of education, including curriculum, facilities, and equipment.

Existing law establishes a motorcyclist safety program, administered by the Commissioner of the California Highway Patrol. Existing law authorizes the commissioner to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for a novice rider training course and a premier motorcyclist safety training program.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit persons who hold a specified noncommercial drivers license, or certain persons who hold a specified commercial drivers license, to attend a licensed traffic violator school. Existing law authorizes the court to continue a proceeding against that person in consideration of successful completion of a course of instruction at the licensed traffic violator school. Existing law prohibits a court from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense, if the offense occurred in a commercial vehicle or is one of specified driving offenses.

This bill would authorize a person who is ordered or permitted to complete a course of instruction at a licensed traffic violator school under the circumstances described above as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course, as specified. The bill would authorize the Commissioner of the California Highway Patrol to adopt standards for course content, contact hours, curriculum, instructor training and testing, and instructional quality control for the advanced-level motorcyclist safety training course, as specified.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the court, a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit persons who hold a specified noncommercial drivers license, or certain persons who hold a specified commercial drivers license, to attend a licensed traffic violator school. Existing law authorizes the court to continue a proceeding against that person in consideration of successful completion of a course of instruction at the licensed traffic violator school. Existing law prohibits a court from ordering that a conviction of an offense relating to the safe operation of a vehicle be kept confidential, from permitting avoidance of consideration of violation point counts, or from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense offense, if the offense occurred in a commercial vehicle or is one of specified driving offenses.

Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law authorizes the court, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order persons who hold a specified noncommercial drivers license, or certain persons who hold a specified commercial drivers license, to attend a licensed traffic violator school. Existing law prohibits a court from ordering that a conviction of an offense relating to the safe operation of a vehicle be kept confidential, from permitting avoidance of consideration of violation point counts, or from permitting a person to complete a traffic violator school program, in lieu of adjudicating an offense if the offense occurred in a commercial vehicle or is one of specified driving offenses.

This bill would make a technical, nonsubstantive change to the latter provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1932

Author:(Obernolte)

As Amended Ver:August 3, 2016

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Authorizes a motorcyclist safety training program that is licensed by the Department of Motor Vehicles (DMV) as a traffic violator school to administer a motorcyclist training course and provides that the motorcyclist training course may include instruction specific to the safe and lawful operation of motorcycles.

The Senate amendments recast the provisions of the Assembly version of the bill to instead authorize schools operating under the existing California Motorcycle Safety Program (CMSP) to also act as licensed traffic violator schools, subject to the existing curriculum approval and licensure by DMV.

EXISTING LAW:

1. Authorizes DMV to refuse to issue or renew a person's driver's license if the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.
2. Requires DMV to presume a person whose driving record shows a specified number of violation points in a specified period of time to be a negligent operator of a motor vehicle.
3. Requires DMV to license and administer traffic violator schools, operators, and instructors.
4. Authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit a person to attend a licensed traffic violator school.
5. Requires the court to continue a proceeding against a person in consideration of the successful completion of a course of instruction at a licensed traffic school and authorizes the court to order that the conviction be held confidential, as specified.
6. Prohibits a violation point from being assessed to a person's driving record if the conviction resulting in the point assessment is held confidential.
7. Requires California Highway Patrol (CHP) to administer a motorcycle safety program, as specified.

FISCAL EFFECT: Unknown.

COMMENTS: When a court adjudicates a certain type of traffic offense, it may order or permit a person who has deposited bail, pled guilty or no contest, or been convicted to attend traffic violator school. If a person successfully completes a course of instruction at a traffic violator school, the record of the conviction may be ordered to be held confidential, except for DMV's statistical purposes, and a violation point will not be assessed on that person's driving record. Only the first conviction in an 18-month period may be ordered to be held confidential, and any subsequent conviction in that period will result in a point being assessed. A conviction cannot be held confidential if it is the result of certain types of violations, including driving under the influence of drugs or alcohol, leaving the scene of an accident, fleeing a peace officer, wrong-way driving, driving over 100 miles per hour, participating in a speed contest, transporting explosives, and driving with a suspended or revoked driving privilege. A classroom program offered by a licensed traffic violator school must consist of just over 5.6 hours of instruction and an additional hour for the completion of a post-knowledge test, while an online program must exceed 42,500 words and offer an additional hour for the completion of a post-knowledge test.

Under existing law, the CHP currently administers the CMSP. The program includes two courses: the Motorcyclist Training Course, a basic course consisting of five hours of classroom instruction and 10 hours of actual riding that is mandatory for persons under the age of 21 and recommended for others seeking a motorcycle endorsement; and the optional Premier Program consisting of 7.5 hours of classroom instruction and 13.5 hours of riding. According to the CHP, over 950,000 motorcycle riders have participated in the CMSP since 1987.

This bill would authorize a safety course operating under the CMSP to also act as DMV-licensed traffic violator school, subject to curriculum approval and licensure by DMV, thereby allowing a person ordered to complete traffic school in the above scenario to instead complete a course that fulfills the roles of both programs. The curriculum for this course would be consistent with DMV's curriculum for traffic violator school, with the addition of information specific to the safe operation of motorcycles.

The author argues that, presently, the courses of instruction available through a licensed traffic violator school are generally applicable to the safe operation of automobiles, but not necessarily motorcycles. Thus, if a person commits a violation while operating a motorcycle, he or she must complete a traffic school course that might not apply directly to the mode of transportation that person most frequently uses.

In 2015, AB 902 (Bloom), Chapter 306, sponsored by bicycling advocates authorized a local authority to allow a person alleged to have committed a traffic offense to participate in a driver awareness or education program or other locally-sanctioned diversion program as an alternative to the court procedure set forth above, as long as the violation did not involve a motor vehicle. Arguments for that legislation included the importance of providing education to bicyclists and motorists about lawful and otherwise appropriate behavior regarding interactions between motorists and bicyclists through the use of diversion programs. This bill would similarly allow alleged offenders to complete an educational course that most closely aligns with the practices and experiences they encounter in their everyday activities.

This bill would also still allow a person to attend regular traffic violator school at the direction or permission of the court.

The concept of this bill, allowing a person to complete a traffic violator school requirement that matches the type of vehicle used when an offense was committed, is substantially similar to that of the earlier version of this bill heard in the Assembly Transportation Committee.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0003855

 THIRD READING  

Bill No: AB 1932

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: ABATE of California

DIGEST: This bill authorizes schools operating under the California Motorcycle Safety Program to also act as licensed traffic violator schools (TVS), subject to curriculum approval and licensure by the state Department of Motor Vehicles (DMV).

Senate Floor Amendments of 8/3/16 make technical changes to remove an unnecessary clause.

ANALYSIS:

Existing law:

1. Authorizes a court to order or allow certain traffic violators to attend a TVS, provided the individual has a valid driver’s or motorcyclist license.
2. Prohibits the DMV from adding a violation point to the license of an individual who attends a TVS pursuant to a court order.
3. Provides that failure to comply with a court order to attend a TVS is a misdemeanor.
4. Requires the DMV to license and administer TVS, operators, and instructors.
5. Requires the California Highway Patrol (CHP) to administer the California Motorcyclist Safety Program (CMSP).
6. Requires an individual to obtain a Class M1 or M2 driver’s license to operate a motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, or a bicycle with an attached motor.
7. Requires an individual under 21 years of age to complete the CMSP in order to obtain a Class M1 or M2 driver’s license.
8. Authorizes the DMV to waive the driving test for a Class M1 or Class M2 driver’s license if the applicant has completed the CMSP.

This bill authorizes a motorcyclist safety training program that is licensed by the DMV as a TVS to include a motorcyclist training course in the TVS curriculum.

Background

The CMSP. The CHP administers the CMSP through a contractor. As of March 2015, more than 950,000 motorcycle riders had received training at one of the program’s training sites. The Motorcyclist Training Course is a 15-hour course, including five hours of classroom instruction and 10 hours of actual riding. This course is mandatory for riders under 21 years of age and recommended for individuals over 21 seeking to obtain a motorcyclist license. The Premier Program is an extended version of the course, consisting of 7.5 hours of classroom instruction and 13.5 hours of riding.

Comments

1. Purpose. The author states that while TVSs can be educational for drivers of automobiles, the information presented is not always applicable to those who have received a violation while riding a motorcycle. The CMSP offers safety courses for both new and experienced riders. This bill encourages schools that are currently operating under the CMSP to apply to DMV to also operate as TVS, to give motorcyclist offenders the option of attending a TVS that is more geared to motorcycle safety. By doing so, this bill will contribute to the safety of California roads by expanding opportunities to brush up on their riding skills.
2. TVS and violation points. The DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. The DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may get a violation point waived (for non-commercial driver’s licenses) by attending a TVS, but this can occur only once in an 18-month period, and only for a one-point violation. Offenders often opt for TVS because violation points can prevent them from qualifying for a “good driver” discount on auto insurance.
3. Similar concept to bicycle diversion programs. AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program. While there are many TVSs in the state to serve drivers, traffic schools specifically for bicyclists are not common. Bicycle diversion programs, which must be sanctioned by local law enforcement, provide education and, in some cases, a fine waiver or reduction. These programs enable bicyclists who commit certain traffic offenses to, like drivers of cars, get their fines reduced (in some cases) by attending traffic school, and ensure that they receive instruction that is directly relevant to cyclists.
4. Amendments. As it passed the Assembly, this bill authorized an individual who is ordered or allowed to complete TVS as a result of an offense committed while operating a motorcycle, to instead complete an advanced-level motorcyclist training course established by CHP pursuant to this bill. Existing law, however, establishes the TVS structure under the DMV. Although TVS courses generally do not focus on motorcyclists, basic traffic safety laws — such as speed limits and stopping for pedestrians — apply to both drivers and riders. And while CHP is charged with administering the CMSP, it contracts out the work because CHP is not structured to oversee schools. For these reasons, the author amended this bill on June 14 to delete the contents of the bill and to instead authorize motorcycle safety schools to apply to the DMV to also act as TVSs.

Related/Prior Legislation

AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/4/16)

ABATE of California (source)

American Motorcyclist Association

California Motorcycle Dealers Association

Personal Insurance Federation of California

Total Control Training, Inc

OPPOSITION: (Verified 8/4/16)

None received

ASSEMBLY FLOOR: 79-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines

Prepared by:

8/5/16 11:07:23

**** END ****

 THIRD READING 

Bill No: AB 1932

Author: Obernolte (R)

Amended: 6/14/16 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote

SUBJECT: Vehicles: motorcycle safety training

SOURCE: ABATE of California

DIGEST: This bill authorizes schools operating under the California Motorcycle Safety Program to also act as licensed traffic violator schools (TVS), subject to curriculum approval and licensure by the state Department of Motor Vehicles (DMV).

ANALYSIS:

Existing law:

1. Authorizes a court to order or allow certain traffic violators to attend a TVS, provided the individual has a valid driver’s or motorcyclist license.
2. Prohibits the DMV from adding a violation point to the license of an individual who attends a TVS pursuant to a court order.
3. Provides that failure to comply with a court order to attend a TVS is a misdemeanor.
4. Requires the DMV to license and administer TVSs, operators, and instructors.
5. Requires the California Highway Patrol (CHP) to administer the California Motorcyclist Safety Program (CMSP).
6. Requires an individual to obtain a Class M1 or M2 driver’s license to operate a motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, or a bicycle with an attached motor.
7. Requires an individual under 21 years of age to complete the CMSP in order to obtain a Class M1 or M2 driver’s license.
8. Authorizes the DMV to waive the driving test for a Class M1 or Class M2 driver’s license if the applicant has completed the CMSP.

This bill authorizes a motorcyclist safety training program that is licensed by the DMV as a TVS to include a motorcyclist training course in the TVS curriculum.

Background

The CMSP. The CHP administers the CMSP through a contractor. As of March 2015, more than 950,000 motorcycle riders had received training at one of the program’s training sites. The Motorcyclist Training Course is a 15-hour course, including five hours of classroom instruction and 10 hours of actual riding. This course is mandatory for riders under 21 years of age and recommended for individuals over 21 seeking to obtain a motorcyclist license. The Premier Program is an extended version of the course, consisting of 7.5 hours of classroom instruction and 13.5 hours of riding.

Comments

1. Purpose. The author states that while TVSs can be educational for drivers of automobiles, the information presented is not always applicable to those who have received a violation while riding a motorcycle. The CMSP offers safety courses for both new and experienced riders. This bill encourages schools that are currently operating under the CMSP to apply to DMV to also operate as TVS, to give motorcyclist offenders the option of attending a TVS that is more geared to motorcycle safety. By doing so, this bill will contribute to the safety of California roads by expanding opportunities to brush up on their riding skills.
2. TVS and violation points. The DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. The DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may get a violation point waived (for non-commercial driver’s licenses) by attending a TVS, but this can occur only once in an 18-month period, and only for a one-point violation. Offenders often opt for TVS because violation points can prevent them from qualifying for a “good driver” discount on auto insurance.
3. Similar concept to bicycle diversion programs. AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program. While there are many TVSs in the state to serve drivers, traffic schools specifically for bicyclists are not common. Bicycle diversion programs, which must be sanctioned by local law enforcement, provide education and, in some cases, a fine waiver or reduction. These programs enable bicyclists who commit certain traffic offenses to, like drivers of cars, get their fines reduced (in some cases) by attending traffic school, and ensure that they receive instruction that is directly relevant to cyclists.
4. Amendments. As it passed the Assembly, this bill authorized an individual who is ordered or allowed to complete TVS as a result of an offense committed while operating a motorcycle, to instead complete an advanced-level motorcyclist training course established by CHP pursuant to this bill. Existing law, however, establishes the TVS structure under the DMV. Although TVS courses generally do not focus on motorcyclists, basic traffic safety laws — such as speed limits and stopping for pedestrians — apply to both drivers and riders. And while CHP is charged with administering the CMSP, it contracts out the work because CHP is not structured to oversee schools. For these reasons, the author amended this bill on June 14 to delete the contents of the bill and to instead authorize motorcycle safety schools to apply to the DMV to also act as TVSs.

Related/Prior Legislation

AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/23/16)

ABATE of California (source)

American Motorcyclist Association

California Motorcycle Dealers Association

Personal Insurance Federation of California

Total Control Training, Inc

OPPOSITION: (Verified 6/23/16)

None received

ASSEMBLY FLOOR: 79-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines

Prepared by: Erin Riches / T. & H. / (916) 651-4121

6/28/16 10:48:08

**** END ****

 CONSENT  

Bill No: AB 1932

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: ABATE of California

DIGEST: This bill authorizes schools operating under the California Motorcycle Safety Program to also act as licensed traffic violator schools (TVS), subject to curriculum approval and licensure by the state Department of Motor Vehicles (DMV).

ANALYSIS:

Existing law:

1. Authorizes a court to order or allow certain traffic violators to attend a TVS, provided the individual has a valid driver’s or motorcyclist license.
2. Prohibits the DMV from adding a violation point to the license of an individual who attends a TVS pursuant to a court order.
3. Provides that failure to comply with a court order to attend a TVS is a misdemeanor.
4. Requires the DMV to license and administer TVSs, operators, and instructors.
5. Requires the California Highway Patrol (CHP) to administer the California Motorcyclist Safety Program (CMSP).
6. Requires an individual to obtain a Class M1 or M2 driver’s license to operate a motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, or a bicycle with an attached motor.
7. Requires an individual under 21 years of age to complete the CMSP in order to obtain a Class M1 or M2 driver’s license.
8. Authorizes the DMV to waive the driving test for a Class M1 or Class M2 driver’s license if the applicant has completed the CMSP.

This bill authorizes a motorcyclist safety training program that is licensed by the DMV as a TVS to include a motorcyclist training course in the TVS curriculum.

Background

The CMSP. The CHP administers the CMSP through a contractor. As of March 2015, more than 950,000 motorcycle riders had received training at one of the program’s training sites. The Motorcyclist Training Course is a 15-hour course, including five hours of classroom instruction and 10 hours of actual riding. This course is mandatory for riders under 21 years of age and recommended for individuals over 21 seeking to obtain a motorcyclist license. The Premier Program is an extended version of the course, consisting of 7.5 hours of classroom instruction and 13.5 hours of riding.

Comments

1. Purpose. The author states that while TVSs can be educational for drivers of automobiles, the information presented is not always applicable to those who have received a violation while riding a motorcycle. The CMSP offers safety courses for both new and experienced riders. This bill encourages schools that are currently operating under the CMSP to apply to DMV to also operate as TVS, to give motorcyclist offenders the option of attending a TVS that is more geared to motorcycle safety. By doing so, this bill will contribute to the safety of California roads by expanding opportunities to brush up on their riding skills.
2. TVS and violation points. The DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. The DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may get a violation point waived (for non-commercial driver’s licenses) by attending a TVS, but this can occur only once in an 18-month period, and only for a one-point violation. Offenders often opt for TVS because violation points can prevent them from qualifying for a “good driver” discount on auto insurance.
3. Similar concept to bicycle diversion programs. AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program. While there are many TVSs in the state to serve drivers, traffic schools specifically for bicyclists are not common. Bicycle diversion programs, which must be sanctioned by local law enforcement, provide education and, in some cases, a fine waiver or reduction. These programs enable bicyclists who commit certain traffic offenses to, like drivers of cars, get their fines reduced (in some cases) by attending traffic school, and ensure that they receive instruction that is directly relevant to cyclists.
4. Amendments. As it passed the Assembly, this bill authorized an individual who is ordered or allowed to complete TVS as a result of an offense committed while operating a motorcycle, to instead complete an advanced-level motorcyclist training course established by CHP pursuant to this bill. Existing law, however, establishes the TVS structure under the DMV. Although TVS courses generally do not focus on motorcyclists, basic traffic safety laws — such as speed limits and stopping for pedestrians — apply to both drivers and riders. And while CHP is charged with administering the CMSP, it contracts out the work because CHP is not structured to oversee schools. For these reasons, the author amended this bill on June 14 to delete the contents of the bill and to instead authorize motorcycle safety schools to apply to the DMV to also act as TVSs.

Related/Prior Legislation

AB 902 (Bloom, Chapter 306, Statutes of 2015) authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/23/16)

ABATE of California (source)

American Motorcyclist Association

California Motorcycle Dealers Association

Personal Insurance Federation of California

Total Control Training, Inc

OPPOSITION: (Verified 6/23/16)

None received

ASSEMBLY FLOOR: 79-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines

Prepared by:

6/24/16 14:33:42

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 1932 Hearing Date: 6/21/2016

SUBJECT: Vehicles: motorcycle safety training

DIGEST: This bill authorizes schools operating under the California Motorcycle Safety Program to also act as licensed traffic violator schools (TVS), subject to curriculum approval and licensure by the state Department of Motor Vehicles (DMV).

ANALYSIS:

Existing law:

1. Authorizes a court to order or allow certain traffic violators to attend a TVS, provided the individual has a valid driver’s or motorcyclist license.
2. Prohibits the DMV from adding a violation point to the license of an individual who attends a TVS pursuant to a court order.
3. Provides that failure to comply with a court order to attend a TVS is a misdemeanor.
4. Requires the DMV to license and administer TVSs, operators, and instructors.
5. Requires the California Highway Patrol (CHP) to administer the California Motorcyclist Safety Program (CMSP).
6. Requires an individual to obtain a Class M1 or M2 driver’s license to operate a motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, or a bicycle with an attached motor.
7. Requires an individual under 21 years of age to complete the CMSP in order to obtain a Class M1 or M2 driver’s license.
8. Authorizes the DMV to waive the driving test for a Class M1 or Class M2 driver’s license if the applicant has completed the CMSP.

This bill authorizes a motorcyclist safety training program that is licensed by the DMV as a TVS to include an motorcyclist training course in the TVS curriculum.

COMMENTS:

1. Purpose. The author states that while TVS can be educational for drivers of automobiles, the information presented is not always applicable to those who have received a violation while riding a motorcycle. The CMSP offers safety courses for both new and experienced riders. This bill would encourage schools that are currently operating under the CMSP to apply to DMV to also operate as TVS, to give motorcyclist offenders the option of attending a TVS that is more geared to motorcycle safety. By doing so, this bill will contribute to the safety of California roads by expanding opportunities to brush up on their riding skills.
2. TVS and violation points. The DMV assigns violation points against an individual’s driver’s license for certain traffic offenses to identify a driver as a negligent operator. Violation points vary with the gravity of the offense; for example, a “fix-it” ticket does not count for any violation points, a speeding ticket counts for one violation point, and driving while under the influence of alcohol or drugs counts for two violation points. The DMV may suspend an individual’s driver’s license for six months if he or she receives four points in one year, six points in two years, or eight points in three years. An individual may get a violation point waived (for non-commercial driver’s licenses) by attending TVS, but this can occur only once in an 18-month period, and only for a one-point violation. Offenders often opt for TVS because violation points can prevent them from qualifying for a “good driver” discount on auto insurance.
3. Similar concept to bicycle diversion programs. AB 902 (Ting) of 2015 authorizes a local authority to allow an individual who has committed a traffic offense, in which no vehicle is involved, to participate in a diversion program. While there are many TVSs in the state to serve drivers, traffic schools specifically for bicyclists are not common. Bicycle diversion programs, which must be sanctioned by local law enforcement, provide education and, in some cases, a fine waiver or reduction. These programs enable bicyclists who commit certain traffic offenses to, like drivers of cars, get their fines reduced (in some cases) by attending traffic school, and ensure that they receive instruction that is directly relevant to cyclists.
4. Background: the California Motorcyclist Safety Program. The CHP administers the CMSP through a contractor. As of March 2015, more than 950,000 motorcycle riders had received training at one of the program’s training sites. The Motorcyclist Training Course is a 15-hour course, including five hours of classroom instruction and 10 hours of actual riding. This course is mandatory for riders under 21 years of age and recommended for individuals over 21 seeking to obtain a motorcyclist license. The Premier Program is an extended version of the course, consisting of 7.5 hours of classroom instruction and 13.5 hours of riding.
5. Amendments. As it passed the Assembly, this bill authorized an individual who is ordered or allowed to complete TVS as a result of an offense committed while operating a motorcycle, to instead complete an advanced-level motorcyclist training course established by CHP pursuant to this bill. Existing law, however, establishes the TVS structure under the DMV. Although TVS courses generally do not focus on motorcyclists, basic traffic safety laws — such as speed limits and stopping for pedestrians — apply to both drivers and riders. And while CHP is charged with administering the CMSP, it contracts out the work because CHP is not structured to oversee schools. For these reasons, the author amended this bill on June 14 to delete the contents of the bill and to instead authorize motorcycle safety schools to apply to the DMV to also act as TVS.

Related Legislation:

AB 902 (Ting, Chapter 306, Statutes of 2015) — authorizes a local authority to allow an individual who has committed a traffic offense, for which no vehicle is involved, to participate in a diversion program.

Assembly Votes:

Floor: 79-0

Appr: 19-0

Trans: 16-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 15, 2016.)

SUPPORT:

ABATE of California (sponsor)

American Motorcyclist Association

California Motorcycle Dealers Association

Personal Insurance Federation of California

Total Control Training, Inc.

OPPOSITION:

None received

-- END --

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1932

Author:(Obernolte) – As Amended Ver:April 5, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes a person who is ordered or permitted to complete traffic school as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course, which the bill authorizes the CHP to establish.

FISCAL EFFECT:

Based on experience with existing motorcycle safety course, CHP will incur minor special fund costs (around $60,000) for a half-time position to develop curriculum and establish the curriculum in regulations, certify education providers, and approve new licensing applications for driving school instructors. All other CHP costs will be absorbable. [Motor Vehicle Account]

COMMENTS:

1. Background. The CHP currently administers the California Motorcyclist Safety Program (CMSP). The program includes two courses: the Motorcyclist Training Course, a basic course with 5 hours of classroom instruction and 10 hours of actual riding, which is mandatory for persons under the age of 21 and recommended for others seeking a motorcycle endorsement; and the optional Premier Program consisting of 7.5 hours of classroom instruction and 13.5 hours of riding.
2. Purpose. This bill allows a person, whose violation occurred while operating a motorcycle, to complete an advanced CHP motorcycle safety training course established in lieu of traffic school. The program established by the CHP pursuant to this bill would have a curriculum consistent with DMV’s curriculum for traffic violator schools.

The author argues that courses offered through a licensed traffic violator school are generally applicable to the safe operation of automobiles, but not necessarily motorcycles. Thus, if a person commits a violation while operating a motorcycle, he or she must complete a traffic school course that might not apply directly to the mode of transportation that person most frequently uses.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 11, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1932 (

Author:Obernolte) – As Amended Ver:April 5, 2016

SUBJECT: Vehicles: motorcycle safety training

SUMMARY: Authorizes a person who is ordered or permitted to complete traffic school as a result of an offense committed while operating a motorcycle to instead complete an advanced-level motorcyclist safety training course established by the Department of the California Highway Patrol (CHP). Authorizes CHP to establish such a program.

EXISTING LAW:

1. Authorizes the California Department of Motor Vehicles (DMV) to refuse to issue or renew a person’s driver’s license if the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.
2. Requires DMV to presume a person whose driving record shows a specified number of violation points in a specified period of time to be a negligent operator of a motor vehicle.
3. Requires DMV to license and administer traffic violator schools, operators, and instructors.
4. Authorizes a court adjudicating a traffic offense, after a deposit of bail, a plea of guilty or no contest, or a conviction, to order or permit a person to attend a licensed traffic violator school.
5. Requires the court to continue a proceeding against a person in consideration of the successful completion of a course of instruction at a licensed traffic school and authorizes the court to order that the conviction be held confidential, as specified.
6. Prohibits a violation point from being assessed to a person’s driving record if the conviction resulting in the point assessment is held confidential.
7. Requires CHP to administer a motorcycle safety program, as specified.

FISCAL EFFECT: Unknown.

COMMENTS: When a court adjudicates a certain type of traffic offense, it may order or permit a person who has deposited bail, pled guilty or no contest, or been convicted to attend traffic violator school. If a person successfully completes a course of instruction at a traffic violator school, the record of the conviction may be ordered to be held confidential, except for DMV’s statistical purposes, and a violation point will not be assessed on that person’s driving record. Only the first conviction in an 18-month period may be ordered to be held confidential, and any subsequent conviction in that period will result in a point being assessed. A conviction cannot be held confidential if it is the result of certain types of violations, including driving under the influence of drugs or alcohol, leaving the scene of an accident, fleeing a peace officer, wrong-way driving, driving over 100 miles per hour, participating in a speed contest, transporting explosives, and driving with a suspended or revoked driving privilege. A classroom program offered by a licensed traffic violator school must consist of just over 5.6 hours of instruction and an additional hour for the completion of a post-knowledge test, while an online program must exceed 42,500 words and offer an additional hour for the completion of a post-knowledge test.

Under existing law, the CHP currently administers the California Motorcyclist Safety Program (CMSP). The program includes two courses: the Motorcyclist Training Course, a basic course consisting of 5 hours of classroom instruction and 10 hours of actual riding that is mandatory for persons under the age of 21 and recommended for others seeking a motorcycle endorsement; and the optional Premier Program consisting of 7.5 hours of classroom instruction and 13.5 hours of riding. According to the CHP, over 950,000 motorcycle riders have participated in the CMSP since 1987.

This bill would allow a person ordered or permitted to complete traffic school in the above scenario to instead complete an advanced motorcycle safety training course established by CHP and also authorized by this bill, as long as the violation occurred while that person was operating a motorcycle. The program established by this bill would have a curriculum consistent with DMV’s curriculum for traffic violator school.

The author argues that, presently, the courses of instruction available through a licensed traffic violator school are generally applicable to the safe operation of automobiles, but not necessarily motorcycles. Thus, if a person commits a violation while operating a motorcycle, he or she must complete a traffic school course that might not apply directly to the mode of transportation that person most frequently uses.

To the author’s point, the DMV regulations that establish the requirements for topics to be included in a traffic violator school’s curriculum make only three distinct, specific references to motorcycles, out of over 160 items: rights and duties of drivers related to pedestrians, bicycles, and motorcycles; avoiding problems on the road through maintaining a safe following distance by allowing more space behind motorcycles; and rules of the road relating to motorcycle speed used when passing other vehicles and splitting lanes. This is the same number of distinct, specific references to a driver’s emotions while driving included in the same regulations.

In 2015, AB 902 (Bloom, Chapter 306), sponsored by bicycling advocates authorized a local authority to allow a person alleged to have committed a traffic offense to participate in a driver awareness or education program or other locally-sanctioned diversion program as an alternative to the court procedure set forth above, as long as the violation did not involve a motor vehicle. Arguments for that legislation included the importance of providing education to bicyclists and motorists about lawful and otherwise appropriate behavior regarding interactions between motorists and bicyclists through the use of diversion programs. This bill would similarly allow alleged offenders to complete an educational course that most closely aligns with the practices and experiences they encounter in their everyday activities.

AB 1932 would also still allow a person to attend regular traffic violator school at the direction or permission of the court.

Previous legislation: AB 902 (Bloom), Chapter 306, Statutes of 2015, removed the age limitation on the use of locally adopted diversion programs for Vehicle Code infractions not involving a motor vehicle, allowing such programs to be offered to adults.

REGISTERED SUPPORT / OPPOSITION:

Support

ABATE of California, Inc. (sponsor)

American Motorcycle Association

California Motorcycle Dealers Association

Personal Insurance Federation of California

Total Control Training, Inc.

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093