AB 235: Driver’s licenses: provisional licenses.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-05
Existing law, the Brady-Jared Teen Driver Safety Act of 1997, provides for the issuance of a drivers license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Under existing law, a person licensed under this program is prohibited, during the first 12 months after issuance of a provisional license, from driving during the hours of 11 p.m. and 5 a.m. or from transporting passengers who are under 20 years of age, subject to specified exceptions. Under existing law, a violation of these provisions is an infraction.
This bill would prohibit a person with a provisional license, from engaging in those prohibited activities until the provisional period ends when the person reaches 18 years of age. By expanding the scope of a crime, this 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.
(a)Except as provided in Section 12814.7, a drivers license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:
(1)Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor.
(2)The person shall hold an instruction permit for not less than six months prior to applying for a provisional drivers license.
(3)The person shall have complied with one of the following:
(A)Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any a secondary school of California, or equivalent instruction in a secondary school of another state.
(B)Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training.
(C)Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any a secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subdivision subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.
(D)Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education.
(4)The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the departments driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.
(5)The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.
(b)Except as provided in Section 12814.7, the provisional drivers license shall be subject to all of the following restrictions:
(1)Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensees parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:
(A)Drive between the hours of 11 p.m. and 5 a.m.
(B)Transport passengers who are under 20 years of age.
(2)A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensees parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances:
(A)Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity.
(B)Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed.
(C)Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(D)Necessity of the licensee or the licensees immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensees immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased.
(E)The licensee is an emancipated minor.
(c)A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).
(d)A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.
(e)(1)Upon a finding that any a licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A)Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.
(B)A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
(2)If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.
(3)If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.
(f)A conviction of paragraph (1) of subdivision (b), when reported to the department, may not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g)Any A term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 18 years of age before the term ends.
(1)The driving privilege shall be suspended when if the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any a notification issued pursuant to Section 40509 or 40509.5 has been cleared.
(2)A 30-day restriction shall be imposed when if a drivers record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.
(3)A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever if a licensees record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following:
(A)The person shall violate no law which, if resulting in conviction, is reportable to the department under Section 1803.
(B)The person shall remain free from accident responsibility.
(h)Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.
(i)The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement.
(j)(1)Notwithstanding any other provision of this code, the department may issue a distinctive drivers license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between drivers licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age.
(2)If changes in the format or appearance of drivers licenses are adopted pursuant to this subdivision, those changes may be implemented under any a new contract for the production of drivers licenses entered into after the adoption of those changes.
(k)The department shall include, on the face of the provisional drivers license, the original issuance date of the provisional drivers license in addition to any other issuance date.
(l)This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Feb 5, 2015 | Read first time. To print. |
| Feb 6, 2015 | From printer. May be heard in committee March 8. |
| Feb 17, 2015 | Referred to Com. on TRANS. |
| Mar 24, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 23). Re-referred to Com. on APPR. |
| Apr 15, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 28, 2015 | From committee: Do pass. (Ayes 16. Noes 0.) (May 28). |
| May 28, 2015 | Read second time. Ordered to third reading. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 12. Page 1705.) |
| Jun 11, 2015 | Referred to Com. on T. & H. |
| Jun 24, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (June 23). Re-referred to Com. on APPR. |
| Jul 6, 2015 | In committee: Referred to APPR. suspense file. |
| Aug 27, 2015 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Jul 6, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 23, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
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| Jun 1, 2015 | AB 235 FRAZIER Assembly Third Reading | Assembly Floor |
Passed |
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| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Mar 23, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Allstate Insurance Company | ** Support | Jun 23, 2015 |
| Automobile Club of Southern California | ** Support | Jun 23, 2015 |
| California Association Of Highway Patrolmen | ** Support | Jun 23, 2015 |
| California State Parent Teacher Association | * Support | Jun 23, 2015 |
| California State PTA | ** Support | Jun 23, 2015 |
| California State Sheriffs' Association | * Support | Mar 23, 2015 |
| Greenberg Traurig | * Support | Jun 23, 2015 |
| Impact Teen Drivers | ** Support | Jun 23, 2015 |
| Knudsen and Associates | * Support | Jun 23, 2015 |
| Personal Insurance Federation Of California | ** Support | Jun 23, 2015 |
| State Farm Mutual Automobile Insurance Company | ** Support | Mar 23, 2015 |
AB 235 (Frazier) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 235 (Frazier) - Driver’s licenses: provisional licenses
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Version: February 5, 2015 |
Policy Vote: T. & H. 10 - 1 |
Urgency: No |
Mandate: Yes |
Hearing Date: July 6, 2015 |
Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 235 would require specified provisional driver’s license restrictions to remain in effect until the end of the provisional period at age 18, instead of 12 months after issuance of the provisional license.
Fiscal Impact:
One-time Department of Motor Vehicles (DMV) implementation costs of approximately $200,000 in 2015-16. (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.
During the first 12 months following issuance of a provisional license to a person between the ages of 16 and 18, the licensee is prohibited from driving between 11 p.m. and 5 a.m. and transporting passengers under the age of 20, unless accompanied by a parent, driving instructor, or a licensed driver who is at least 25 years old. Existing law provides exceptions to these restrictions and requirements in cases of medical necessity, school activities, employment necessity, and transporting immediate family members, as specified.
Proposed Law:
AB 235 would prohibit provisional driver’s license holders from transporting passengers under 20 years of age and from driving between 11 p.m. and 5 a.m. until the end of the provisional period at age 18, rather than during the first 12 months after issuance of a provisional license. Current exceptions to these restrictions would remain in effect.
Related Legislation:
AB 1801 (Frazier), an identical bill, was held on the Assembly Appropriations Committee’s Suspense File last year.
AB 1113 (Frazier), which was vetoed by Governor Brown in 2013, contained several provisions that would have enhanced restrictions on provisional driver’s license holders, including the provision contained in this bill. The Governor’s veto message noted that the current restrictions have been effective in saving lives, but also stated the following:
Rather than imposing yet even more restrictions on a teenager's driving privilege, I am directing the Department of Motor Vehicles, California Highway Patrol, and Office of Traffic Safety to implement a teen driver training and education program to improve transportation safety for provisional drivers.
Staff Comments:
This bill is intended to reduce the incidence of traffic fatalities and accidents caused by teenage drivers by increasing the restrictions on teen drivers operating a vehicle under the provisional licensing program. Motor vehicle accidents are the leading cause of teen deaths in the United States, accounting for nearly one-third of all deaths among 16 to 19 year olds.
DMV indicates it would incur one-time costs of approximately $200,000 in 2015-16 as a result of the bill. Implementation of the bill would require programming changes to extend the length of restrictions and reflect the new restriction verbiage printed on the provisional license, and updates to informational brochures, handbooks, and DMV’s website.
Staff notes that DMV has a significant programming backlog of federal and state mandates. These include federally-mandated changes to the Commercial Driver License System, compliance with which is tied to federal transportation funding, and state mandates such as programming for the veteran designation on driver’s licenses and IDs (AB 935, Chap 644/2014) and the issuance of free ID cards for homeless applicants (AB 1733, Chap 764/2014). Given the backlog, it is unlikely that DMV would be able to complete the programming necessary to implement this bill by the January 1, 2016 operative date without impacting currently scheduled programming priorities.
-- END --
AB 235 (Frazier) Page 4 of 4
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 235 Hearing Date: 6/23/2015
Author: |
Frazier |
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Version: |
2/5/2015 |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Erin Riches |
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SUBJECT: Driver’s licenses: provisional licenses
DIGEST: This bill expands restrictions on driving for provisional licensees from the first 12 months to the entire period of the provisional license.
ANALYSIS:
Existing law:
Establishes a provisional driver’s license program for individuals between 16 and 18 years of age.
Provides that prior to issuing a provisional license, the Department of Motor Vehicles (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.
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.
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.
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 provides that a provisional licensee is subject to certain restrictions on driving during the entire time he or she holds the provisional license, not just during the first 12 months.
COMMENTS:
Purpose. Every state has enacted graduated driver’s licensing (GDL) laws. These laws, which make it more difficult for teenagers to obtain driver’s licenses, aim to enable teenagers to gain valuable driving experience in low-risk driving situations. The author states that in 1995, prior to the widespread introduction of GDL in the U.S., drivers aged 16-17 suffered a fatal crash involvement rate of 37 per 100,000 population. By 2010, the fatal crash involvement rate for this age group had dropped by 57%. The author states that while GDL has been effective in reducing novice driver crash rates, motor vehicle crashes are the leading cause of death for teenagers in the U.S., accounting for nearly one-third of all deaths of 16- to 19-year-olds. In addition, teenage drivers have the highest rate of involvement in crashes that result in the death of other people, such as their passengers, pedestrians, or drivers and passengers in other vehicles.
California’s GDL system. Prior to 1998, California law allowed teenagers aged 16 to 18 years to obtain a learner’s permit or provisional driver’s license with only minimal restrictions, such as requiring an individual to hold a permit for at least 30 days before applying for a provisional license. SB 1329 (Leslie, Chapter 760, Statutes of 1997) enacted the state’s initial GDL system, including the six-month learner’s permit period, nighttime driving ban, and supervised driving provisions. AB 1747 (Maze, Chapter 337, Statutes of 2005) extended the ban on nighttime driving and on transporting passengers under 20 years of age to 12 months. It also expanded the nighttime ban by one hour.
Are increased driving restrictions the answer? The Automobile Club of Southern California, writing in support of this bill, states that since 1997, when California instituted its GDL program, at-fault deaths and injuries of 16- and 17-year-old drivers have dropped by 70% and 51%, respectively. Extensive research shows that crash risk for teen drivers under 18 increases sharply at night and with other young passengers. This bill addresses this risk by expanding these restrictions for provisional licensees. However, a 2011 study conducted by DMV and the University of North Carolina found that while GDL led to fewer fatal accidents among 16-year-old drivers, fatal accidents for 18-year-old drivers increased during the same period. The committee may wish to consider whether making the GDL program even more restrictive could encourage some teens to simply wait until they turn 18, when they can obtain a license without GDL training and education requirements.
Previous legislation. AB 1801 (Frazier) of 2014, which was almost identical to this bill, was held on the Assembly Appropriations Committee suspense file.
AB 1113 (Frazier) of 2013 was similar to this bill, but included additional provisions such as increasing from six to nine months the minimum time an individual must hold a learner’s permit before applying for a driver’s license; increasing the age of passengers a provisional licensee could transport to 21 years of age; extending nighttime driving restrictions to 10 p.m. to 5 a.m.; and prohibiting DMV from issuing a provisional license or full license to a driver who does not have a six-month period of conviction-free driving. This bill was passed by this committee on an 11-0 vote, but was subsequently vetoed by Governor Brown. His veto message directed DMV, the California Highway Patrol, and the Office of Traffic Safety to implement a teen driver training and education program to improve safety for provisional drivers. This program is currently under development.
AB 724 (Cooley) of 2013 would have extended the provisional driver’s license requirements to those under age 20 instead of those under age 18. AB 724 was held on the Assembly Appropriations Committee suspense file.
Assembly Votes:
Floor: 63-12
Appr: 16-0
Trans: 14-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 17, 2015.)
SUPPORT:
Allstate Insurance Company (sponsor)
Automobile Club of Southern California
California Association of Highway Patrolmen
California State PTA
California State Sheriffs Association
Consumers for Auto Reliability and Safety
Impact Teen Drivers
Personal Insurance Federation of California
OPPOSITION:
None received
-- END --
AB 235
Page 2
ASSEMBLY THIRD READING
AB 235
(Frazier)
As Introduced February 5, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Transportation |
14-0 |
Frazier, Achadjian, Baker, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Nazarian, O'Donnell |
|
Appropriations |
16-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Requires drivers under the Department of Motor Vehicles (DMV) Provisional Licensing Program to be subject to program driving restrictions until age 18.
EXISTING LAW:
Requires a person to be at least age 15 and a half to apply for an instructional driver's permit and to hold the permit for a minimum of six months prior to applying for a provisional driver's license (PDL).
Allows DMV to issue a driver's license to an applicant who is at least 16 years of age but under 18 years of age pursuant to DMV's Provisional Licensing Program.
Requires a provisional licensee to be subject to the following restrictions during the first 12 months after issuance of a PDL:
Driving during the hours of 11 p.m. to 5 a.m. is prohibited; and,
Transporting passengers who are under 20 years of age, except as specified is prohibited.
FISCAL EFFECT: According to the Assembly Appropriations Committee, "One-time special fund costs of around $175,000 for the DMV for information technology-related changes ($150,000) and revision to the Parent/Teen Handbook and the department's Web site ($25,000). [Motor Vehicle Account]"
COMMENTS: The Provisional Licensing Program is widely perceived to be a major success in reducing the number of accidents, injuries, and deaths among teenage drivers. Key to this success is that provisional licensing programs are designed to protect young novice drivers by restricting exposure to risk initially and then gradually phasing in increased privileges as the driver gains experience. Provisional licensing programs implemented in states across the country are designed in this manner due to the fact that, as the Insurance Institute for Highway Safety notes, "teenage drivers have the highest crash risk per mile traveled, compared with drivers in other age groups because young drivers tend to overestimate their driving abilities and underestimate the dangers on the road."
Studies published in the American Medical Association (2011) and by the American Automobile Association (AAA) Foundation for Traffic Safety (2012) have concluded that overall, provisional licensing programs across the country have had "a major impact in reducing young driver crashes and associated injuries to themselves and others." According to the AAA study, in 1995 prior to the widespread introduction of provisional licensing programs, 2,667 drivers ages 16 to 17 involved in fatal crashes across the country. By 2010, the accident rate dropped 57% with 1,150 fatal crashes for the same age group.
Furthermore, considerable research has produced strong evidence that support states' efforts to strengthen provisional licensing programs for young drivers. The National Highway Traffic Safety Administration (NHTSA) reports that young drivers are particularly vulnerable to "certain high-risk driving situations," such as driving at night and driving with teenage passengers. In its "2008 Report to Congress," NHTSA found "young drivers are frequently inexperienced in hazard recognition and often take unnecessary risks due to a combination of poor decisions making and an illusion of invulnerability." Additionally, another AAA Foundation report (2013) affirms that states with the most comprehensive provisional licensing systems have achieved the greatest reductions in crash rates of drivers ages 16 and 17.
This bill aims to reduce teenage accident rates by extending the period PDL drivers are subject to provisional licensing requirements – currently 12 months – to age 18 regardless of the age a PDL driver originally obtains their driver's license.
Please see the policy committee analysis for full discussion of this bill.
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000579
AB 235
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 235
(Frazier) – As Introduced February 5, 2015
Policy Committee: |
Transportation |
Vote: |
14 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires all provisional driver's license (PDL) restrictions to remain in effect for provisional licensees until they reach 18 years of age, rather than just for the first 12 months after receiving their PDL.
FISCAL EFFECT:
One-time special fund costs of around $175,000 for the DMV for information technology-related changes ($150,000) and revision to the Parent/Teen Handbook and the department's website ($25,000). [Motor Vehicle Account]
COMMENTS:
Background. SB 1329 (Leslie)/Statutes of 1997, enacted the state's initial statutory scheme for graduated drivers' licenses (GDLs), placing restrictions on the activities (driving at night, driving with teenaged passengers, etc.) of 16 and 17-year old drivers for the initial phase of licensure.
AB 1474 (Maze)/Statutes of 2005, extended the time frame, from six to 12 months, during which a provisional licensee is prohibited from operating a vehicle while transporting individuals under the age of 20. It also prohibited provisional licensees from driving between the hours of 11:00 p.m. and 5:00 a.m., instead of 12:00 a.m. and 5:00 a.m., during their first 12 months of licensure, without a signed statement attesting that the driver's assistance is needed for medical, employment, schooling, or family transportation purposes.
The PDL program is widely perceived to be a success in reducing the number of accidents, injuries, and deaths among teenage drivers. According to the AAA study, in 1995, prior to the widespread introduction of PDL programs, 2,667 drivers ages 16-17 were involved in fatal crashes nationwide. By 2010, the number of fatal accidents for this cohort dropped 57%, to 1,150 fatal crashes.
Purpose. This bill aims to further reduce teenage accident rates by extending the period PDL drivers are subject to provisional licensing requirements – currently 12 months – to age 18 regardless of the age a PDL driver originally obtains their driver's license.
Prior Legislation. Last year, AB 1801 (Frazier), and identical bill, was held on this committee's Suspense file.
In 2013, AB 1113 (Frazier) contain several provisions to tighten requirements of the PDL Program, including the provision contained in this bill. The Governor vetoed AB 1113, stating that while he agreed with the need to address factors contributing to unnecessary accidents and deaths of young drivers, rather than imposing more restrictions, he would direct DMV, the CHP, and Office of Traffic Safety to implement a teen driver training and education program.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 235
Page 2
Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 235
(Frazier) – As Introduced February 5, 2015
SUBJECT: Driver’s licenses: provisional licenses
SUMMARY: Requires drivers under the Department of Motor Vehicles (DMV) Provisional Licensing Program to be subject to program driving restrictions until age 18.
EXISTING LAW:
Requires a person to be at least age 15 and a half to apply for an instructional driver's permit and to hold the permit for a minimum of six months prior to applying for a provisional driver's license (PDL).
Allows DMV to issue a driver's license to an applicant who is at least 16 years of age but under 18 years of age pursuant to DMV's Provisional Licensing Program.
Requires a provisional licensee to be subject to the following restrictions during the first 12 months after issuance of a PDL:
Driving during the hours of 11 p.m. to 5 a.m. is prohibited; and,
Transporting passengers who are under 20 years of age, except as specified is prohibited.
FISCAL EFFECT: Unknown
COMMENTS: The Provisional Licensing Program is widely perceived to be a major success in reducing the number of accidents, injuries, and deaths among teenage drivers. Key to this success is that provisional licensing programs are designed to protect young novice drivers by restricting exposure to risk initially and then gradually phasing in increased privileges as the driver gains experience. Provisional licensing programs implemented in states across the country are designed in this manner due to the fact that, as the Insurance Institute for Highway Safety notes, "teenage drivers have the highest crash risk per mile traveled, compared with drivers in other age groups because young drivers tend to overestimate their driving abilities and underestimate the dangers on the road."
Studies published in the American Medical Association (2011) and by the AAA Foundation for Traffic Safety (2012) have concluded that overall, provisional licensing programs across the country have had "a major impact in reducing young driver crashes and associated injuries to themselves and others." According to the AAA study, in 1995 prior to the widespread introduction of provisional licensing programs, 2,667 drivers ages 16-17 involved in fatal crashes across the country. By 2010, the accident rate dropped 57% with 1,150 fatal crashes for the same age group.
Furthermore, considerable research has produced strong evidence that support states' efforts to strengthen provisional licensing programs for young drivers. The National Highway Traffic Safety Administration (NHTSA) reports that young drivers are particularly vulnerable to "certain high-risk driving situations," such as driving at night and driving with teenage passengers. In its "2008 Report to Congress," NHTSA found "young drivers are frequently inexperienced in hazard recognition and often take unnecessary risks due to a combination of poor decisions making and an illusion of invulnerability." Additionally, another AAA Foundation report (2013) affirms that states with the most comprehensive provisional licensing systems have achieved the greatest reductions in crash rates of drivers ages 16 and 17.
This bill aims to reduce teenage accident rates by extending the period PDL drivers are subject to provisional licensing requirements – currently 12 months – to age 18 regardless of the age a PDL driver originally obtains their driver's license.
Previous legislation: AB 1801 (Frazier) of 2014, identical to this bill, AB 1801 would have required provisional license drivers to be subject to program driving restrictions until age 18. AB 1801 was held on the suspense file in the Assembly Appropriations Committee.
AB 1113 (Frazier) of 2013, would have made changes to DMV's Provisional Licensing Program by requiring a person to hold an instructional driver's permit for a minimum of nine months prior to applying for a PDL, requiring all PDL restrictions to remain in effect for provisional licensees until they reach age 18, prohibiting a provisional licensee from transporting passengers under age 21, and extending nighttime driving restrictions 10 p.m. to 5 a.m. AB 1113 was vetoed by Governor Brown.
REGISTERED SUPPORT / OPPOSITION:
Support
Allstate Insurance Company (Sponsor)
Automobile Club of Southern California
California State Sheriffs' Association
State Farm Mutual Automobile Insurance Company
Opposition
None on file
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
Discussed in Hearing
43SEC
Senate Standing Committee on Appropriations
5MIN
Senate Standing Committee on Transportation and Housing
1MIN
Assembly Floor
12MIN
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):