Existing law authorizes the Department of Motor Vehicles (DMV) to issue an instruction permit to a person who is at least 15 years and 6 months of age and who has, among other qualifications, successfully completed an approved course in automobile driver education.

This bill would require the DMV to provide offer the recipient of an instruction permit with a removable and transferrable transferable decal that reads student driver. The bill would authorize the holder of the instruction permit to affix the decal to the rear or side window of the vehicle when operating the vehicle. The bill would require the DMV to charge a fee to a recipient of the decal to cover the departments reasonable costs of producing the decal.

Existing law authorizes the Department of Motor Vehicles (DMV) to issue an instruction permit to a person who is at least 15 years and 6 months of age and who has, among other qualifications, successfully completed an approved course in automobile driver education.

This bill would require the DMV to provide the recipient of an instruction permit with a removable and transferrable decal that reads student driver. The bill would authorize the holder of the instruction permit to affix the decal to the rear or side window of the vehicle when operating the vehicle.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2322 (Chu) - Vehicles: instruction permits: decals

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2322 would require the Department of Motor Vehicles (DMV) to offer a “student driver” decal to driver’s instruction permit applicants, and require DMV to charge a fee to cover the costs of producing the decal.

Fiscal Impact:

• One-time DMV costs of approximately $140,000 in 2016-17 to make necessary system changes for charging a fee for the decals. There would be additional up-front costs to design and produce decals, supply an inventory to field offices, update forms, and train staff. (Motor Vehicle Account)
  
• Unknown ongoing costs, potentially in the millions annually, depending upon participation, partially offset by decal fees. Staff notes that costs to produce the decals would be recovered from the authorized fee, but additional costs related to increased staff time for field office transactions, call center time, and postage for mailing decals would not be recoverable. (Motor Vehicle Account)

Background:

Existing law provides for a graduated driver’s licensing structure and provisional driver’s license program that restricts the driving privileges of young drivers under the age of 18 in light of their operating inexperience. Prior to applying for a provisional license, a person at least 15-1/2 years of age may apply for an instructional permit. A young driver must hold the instructional permit for at least six months, complete specified driver training instruction, document 50 hours of supervised driving practice, including at least 10 hours of driving during darkness, and successfully complete DMV’s examination requirements prior to applying for a provisional license. An instruction permit entitles a person to operate a vehicle, subject to specified limitations, for a period not exceeding 24 months.

Existing law authorizes a person who is 18 years of age or older to apply for an original driver’s license by passing a traffic laws and signs test, among other requirements. The applicant is issued an instructional permit after passing the written test, and must be accompanied by another person who is at least 18 when practicing driving. An instructional permit holder who is 18 years of age or older may schedule a driving test at any time, and will be issued a valid driver’s license following the passage of that test.

Proposed Law:

AB 2322 would require DMV to offer the recipient of an instructional permit a removable and transferable decal that reads “student driver,” which may be affixed to the side or rear window of a vehicle to inform other drivers that the vehicle is being operated by the instructional permit holder. DMV would determine the size of the decal, but it may not exceed four inches by 12 inches. DMV would be required to charge a fee to decal recipients to cover its reasonable costs of producing the decal.

Staff Comments:

DMV indicates that it processes approximately 1.2 million instructional permit applications each year. It is unknown how many applicants may wish to purchase a “student driver” decal, but depending on demand, the price for the decal is likely to be in the range of $8 to $10, which would fully offset production costs. DMV would incur significant non-recoverable costs to make one-time programming changes necessary to provide for fee collection, as well as additional ongoing costs for each instructional permit field office transaction, call center inquiries, processing internet transactions and requests for duplicate decals, and postage.

Staff notes that there are numerous bumper stickers, removable decals, and magnets available on the open market that may be affixed to a vehicle to indicate it is being operated by a student driver or new driver. These are advertised at various websites on the internet at prices ranging from $3 to $10.

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 2322 Hearing Date: 6/28/2016

SUBJECT: Vehicles: instruction permits: decals

DIGEST: This bill requires the state Department of Motor Vehicles (DMV) to offer a “student driver” decal to the recipient of a learner’s permit.

ANALYSIS:

Existing law:

1. Establishes a provisional driver’s license program for individuals between 16 and 18 years of age.
2. Provides that prior to issuing a provisional license, DMV shall issue an instruction permit, commonly known as a learner’s permit. An individual must be at least 15 years and six months old to apply for a learner’s permit, and must have taken, or be enrolled in, driver education and training classes. The learner’s permit authorizes the holder to operate a motor vehicle only when he or she is either taking a driver training class or is practicing under the immediate supervision of a California licensed driver 25 years or older.
3. Prohibits a learner’s permit holder from applying for a provisional driver’s license until he or she has held the permit for at least six months. Requires a permit holder, prior to applying for a provisional license, to successfully complete driver education and training classes; at least six hours of behind-the-wheel training; 50 hours of supervised driving practice, including at least 10 hours of nighttime driving; and an exam required by DMV.
4. Prohibits, during the first 12 months, a provisional licensee from driving between the hours of 11 p.m. and 5 a.m. or from transporting passengers who are under 20 years old, unless accompanied by the provisional license holder’s parent or guardian, a licensed driver who is 25 years or older, or a licensed and certified driving instructor. Provides exceptions for medical necessity, school activities, job necessity, need to transport an immediate family member, or if the licensee is an emancipated minor.
5. Allows an individual 18 years or older to apply for an original driver’s license by passing a traffic laws and signs test, among other requirements. Provides that an individual 18 years or older who holds a learner’s permit must be accompanied by another individual 18 years or older when practicing driving. Provides that this individual may schedule a driving test at DMV at any time once he or she has obtained the learner’s permit.

This bill:

1. Requires DMV, when issuing a learner’s permit, to offer the recipient a removable and transferable decal that reads “student driver,” which may be displayed on a side or rear window of his or her vehicle.
2. Requires DMV to determine the size of the decal, which shall not exceed four inches by 12 inches.
3. Requires DMV to charge a fee to the recipient to cover production costs.

COMMENTS:

1. Purpose. The author states that according to the Centers for Disease Control and Prevention, motor vehicle crashes are the leading cause of death for teens in the U.S. In 2013, more than 2,000 teens ages 16 to 19 in the U.S. were killed in car crashes, and more than 243,000 were treated in emergency rooms for injuries suffered in car crashes. Teen drivers are often more of a risk than older drivers because they tend to underestimate dangerous situations and, due to lack of experience, do not recognize hazardous situations. The crash rate for teens is particularly high during the first month of licensure. Some drivers can be impatient and aggressive on the road when they encounter slow drivers. The author states that this bill can help raise awareness about novice drivers and prod other drivers to give them space, which in turn will both encourage student drivers to feel more comfortable and make the roads safer.
2. Information is power. The author states that in 2010, New Jersey passed legislation requiring all drivers with provisional licenses to attach a special decal to their license plates to alert authorities and others on the road as to their status. A study conducted in 2014 by the American Journal of Preventive Medicine found that the New Jersey law reduced road crashes among teen drivers by 9.5% during its first two years of implementation. Writing in support of this bill, the Auto Club of Southern California (Auto Club) states that the Governor’s Highway Safety Association has recommended that, based on the success of the New Jersey program, all states should consider piloting voluntary decal programs to build awareness and garner parental and public support for a statewide mandate. The Auto Club notes that Delaware and Pennsylvania have established voluntary programs, Massachusetts is considering a mandatory program, and New York is considering legislation for voluntary decals.

Related Legislation:

AB 235 (Frazier, 2015) — would have expanded restrictions on driving for provisional licensees from the first 12 months to the entire period of the provisional license. This bill was held on suspense in the Senate Appropriations Committee.

AB 1801 (Frazier, 2014) — would also have expanded restrictions on driving for provisional licensees from the first 12 months to the entire period of the provisional license. This bill was held on suspense in the Assembly Appropriations Committee.

AB 724 (Cooley, 2013) — would have extended provisional driver’s license requirements from 18 years of age to 20 years of age. This bill was held on suspense in the Assembly Appropriations Committee.

Assembly Votes:

Floor: 67-12

Appr: 19-1

Trans: 15-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

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

June 22, 2016.)

SUPPORT:

Auto Club of Southern California

OPPOSITION:

None received

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ASSEMBLY THIRD READING

ATR Bill Id:AB 2322

Author:(Chu)

As Amended Ver:May 31, 2016

Majority vote

SUMMARY: Requires the Department of Motor Vehicles (DMV) to offer the recipient of a driver's instruction permit with a removable and transferable decal that reads "student driver" for a fee charged to cover the department's reasonable costs of producing the decal, and authorizes the holder of the permit to display the decal on the side or rear window of the vehicle when driving.

EXISTING LAW:

1. Authorizes DMV to issue an instruction permit to operate a motor vehicle subject to certain limitations to a person 15 years and 6 months of age or older.
2. Authorizes DMV to issue a provisional driver's license to a person at least 16 years of age but under 18 years of age who has held an instruction permit for not less than 6 months and has completed 6 hours of behind-the-wheel training and an additional 50 hours of supervised driving practice.
3. Prohibits a person from driving a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows, except under certain conditions.

FISCAL EFFECT: According to the Assembly Appropriations Committee, based on the number of instruction permits issued in 2015, up to 1.1 million decals could be issued annually, though a significant number of permit recipients would likely decline to purchase a decal. The DMV estimates that cost of each decal at $2.75, which would be charged to each recipient. Additional statewide staff costs, for field office interactions, phone calls requesting replacement of decals, and postage, would be up to several hundred thousand dollars annually.

COMMENTS: Under existing law, a person at least 15 years and 6 months of age may apply for, and be issued a driver's instruction permit. With this permit, the person may only drive a motor vehicle when accompanied by a person over the age of 18 who has a valid California driver's license and is riding in the passenger seat. The driver with the instruction permit must complete 6 hours of behind-the-wheel driver training and an additional 50 hours of supervised driving practice before being issued a provisional driver's license.

This bill would require DMV to offer the recipient of an instruction permit with a removable and transferrable decal that reads "student driver" when issuing the permit. The student driver may then display the decal on the side or rear windows of the vehicle that they are driving in order to alert other drivers on the road that the vehicle is being driven by a student driver.

This bill is intended to alleviate the hazardous situations novice drivers find themselves in when first learning to drive. The author states that teen drivers are more of a risk of an accident than older drivers because they tend to underestimate or not recognize dangerous situations. According to the Centers for Disease Control and Prevention, 2,163 teens ages 16 to 19 were killed in motor vehicle crashes in the United States in 2013, and 243,243 were treated for injuries. The author intends that, by alerting other motorists to a novice driver's presence, the student driver decals created by this bill will encourage other drivers to give the novice driver more space and treat them with greater deference. This will in turn encourage student drivers to feel more comfortable and make the state's roadways safer by reducing the number of dangerous situations that result in fatalities and injuries.

The author also cites a New Jersey law that requires a person who has been issued a provisional driver's license to affix a decal to the rear license plate of the vehicle being driven to alert the authorities and others that the driver was a novice. Although that law was criticized for potentially allowing law enforcement to target vehicles bearing a decal, a 2014 study conducted by the American Journal of Preventative Medicine found that road crashes among teen drivers decreased by 9.5% in the law's first two years of implementation.

It is unknown if this bill will have a similar effect in California. The New Jersey law applied to people with a provisional driver's license, who would not be included in this bill. While New Jersey provisional driver's license holders benefited from displaying decals, those drivers were also not subject to the same restrictions that instruction permit holders in California have, namely being prohibited from driving at all without an older licensed driver in the vehicle. While decals might help a young driver keep space between other vehicles on the road while driving alone or deter them from unlawfully driving with other young passengers in the vehicle, it is unknown if there will be a material benefit to allowing drivers who are already supervised by a parent or driving instructor to display the same type of information. No data on crashes or incidents involving instruction permit holders in California is readily available. However, if the decal program established by this bill were successful, it would likely by evidenced by a decrease in traffic accidents involving people who have been issued an instruction driving permit.

Because drivers with an instruction driving permit would not be required to display the decals, it is unknown how widespread the practice of displaying the decals would become. However, requiring the decals would likely raise similar concerns to those raised in New Jersey relating to privacy and fear of being targeted by law enforcement.

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0003182

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2322

Author:(Chu) – As Introduced Ver:February 18, 2016

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

SUMMARY:

This bill requires the DMV to provide the recipient of a driver’s instruction permit with a removable and transferrable decal that reads “student driver,” and authorizes the permit holder to display the decal on the side or rear window of the vehicle when driving.

FISCAL EFFECT:

The DMV indicates that, based on the number of instruction permits issued in 2015, 1.1 million decals would be issued annually. At a cost of $2.75, and assuming 10% of permit holders would request a duplicate decal, annual cost for materials would be $3.3 million. Additional statewide staff costs, for field office interactions, phone calls requesting replacement of decals, and postage, would be several hundred thousand dollars annually.

COMMENTS:

1. Background. Under current law, a person at least 15 years and 6 months of age may apply for, and be issued a driver’s instruction permit. With this permit, the person may only drive a motor vehicle when accompanied by a person over the age of 18 who has a valid California driver’s license and is riding in the passenger seat. The driver with the instruction permit must complete six hours of behind-the-wheel driver training and an additional 50 hours of supervised driving practice before being issued a provisional driver’s license.
2. Purpose. This bill is intended to alleviate the hazardous situations novice drivers find themselves in when first learning to drive. The author states that teen drivers are more of a risk of an accident than older drivers because they tend to underestimate or not recognize dangerous situations. The author intends that, by alerting other motorists to a novice driver’s presence, the student driver decals created by this bill will encourage other drivers to give the novice driver more space and treat them with greater deference. This will in turn encourage student drivers to feel more comfortable and make the state’s roadways more safe.

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 2322 (

Author:Chu) – As Introduced Ver:February 18, 2016

SUBJECT: Vehicles: instruction permits: decals

SUMMARY: Requires the Department of Motor Vehicles (DMV) to provide the recipient of a driver’s instruction permit with a removable and transferrable decal that reads “student driver” and authorizes the holder of the permit to display the decal on the side or rear window of the vehicle when driving.

EXISTING LAW:

1. Authorizes DMV to issue an instruction permit to operate a motor vehicle subject to certain limitations to a person 15 years and 6 months of age or older.
2. Authorizes DMV to issue a provisional driver’s license to a person at least 16 years of age but under 18 years of age who has held an instruction permit for not less than 6 months and has completed 6 hours of behind-the-wheel training and an additional 50 hours of supervised driving practice.
3. Prohibits a person from driving a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or side or rear windows, except under certain conditions.

FISCAL EFFECT: Unknown

COMMENTS: Under existing law, a person at least 15 years and 6 months of age may apply for, and be issued a driver’s instruction permit. With this permit, the person may only drive a motor vehicle when accompanied by a person over the age of 18 who has a valid California driver’s license and is riding in the passenger seat. The driver with the instruction permit must complete 6 hours of behind-the-wheel driver training and an additional 50 hours of supervised driving practice before being issued a provisional driver’s license.

This bill would require DMV to provide the recipient of an instruction permit with a removable and transferrable decal that reads “student driver” when issuing the permit. The student driver may then display the decal on the side or rear windows of the vehicle that they are driving in order to alert other drivers on the road that the vehicle is being driven by a student driver.

This bill is intended to alleviate the hazardous situations novice drivers find themselves in when first learning to drive. The author states that teen drivers are more of a risk of an accident than older drivers because they tend to underestimate or not recognize dangerous situations. According to the Centers for Disease Control and Prevention, 2,163 teens ages 16-19 were killed in motor vehicle crashes in the United States in 2013, and 243,243 were treated for injuries. The author intends that, by alerting other motorists to a novice driver’s presence, the student driver decals created by this bill will encourage other drivers to give the novice driver more space and treat them with greater deference. This will in turn encourage student drivers to feel more comfortable and make the state’s roadways safer by reducing the number of dangerous situations that result in fatalities and injuries.

The author also cites a New Jersey law that requires a person who has been issued a provisional driver’s license to affix a decal to the rear license plate of the vehicle being driven to alert the authorities and others that the driver was a novice. Although that law was criticized for potentially allowing law enforcement to target vehicles bearing a decal, a 2014 study conducted by the American Journal of Preventative Medicine found that road crashes among teen drivers decreased by 9.5% in the law’s first two years of implementation.

It is unknown if AB 2322 will have a similar effect in California. The New Jersey law applied to people with a provisional driver’s license, who would not be included in this bill. While New Jersey provisional driver’s license holders benefited from displaying decals, those drivers were also not subject to the same restrictions that instruction permit holders in California have, namely being prohibited from driving at all without an older licensed driver in the vehicle. While decals might help a young driver keep space between other vehicles on the road while driving alone or deter them from unlawfully driving with other young passengers in the vehicle, it is unknown if there will be a material benefit to allowing drivers who are already supervised by a parent or driving instructor to display the same type of information. No data on crashes or incidents involving instruction permit holders in California is readily available. However, if the decal program established by this bill were successful, it would likely by evidenced by a decrease in traffic accidents involving people who have been issued an instruction driving permit.

Because drivers with an instruction driving permit would not be required to display the decals, it is unknown how widespread the practice of displaying the decals would become. However, requiring the decals would likely raise similar concerns to those raised in New Jersey relating to privacy and fear of being targeted by law enforcement.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

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