AB 2385: Driver’s licenses: instruction permits and provisional licenses.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-04-08
Current Status:
Failed
(2024-05-16: Joint Rule 62(a), file notice suspended. (Page 5215.))
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a drivers license issued to a person at least 16 years of age, but under 18 years of age be issued pursuant to that provisional licensing program. Existing law requires a person to hold an instruction permit for not less than 6 months prior to applying for a provisional license. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, as specified. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances. A violation of these provisions is punishable as an infraction.
This bill would, commencing January 1, 2027, expand the scope of the provisional licensing program by expanding the applicable age range for the program to persons at least 16 years of age, but under 21 years of age. The restrictions on provisional licensees described above would apply during the first 6 months after issuance of a provisional license to a licensee who is 18, 19, or 20 years of age, subject to specified exemptions. The bill would, commencing July 1, 2027, require a person at least 18 years of age, but under 21 years of age, to hold an instruction permit for at least 60 days before applying for a provisional license. The bill would make other technical and conforming changes and related findings and declarations. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program.
(2)Existing law generally authorizes the Department of Motor Vehicles, for good cause, to issue an instruction permit to any physically and mentally qualified person who applies to the department for an instruction permit and who meets any one of 5 specified requirements, including that the person is 17 years and 6 months of age or older.
The bill would, commencing January 1, 2027, raise the age for the above requirement to 20 years and 6 months.
Existing law provides that a person, while having in the persons immediate possession a valid permit issued pursuant to the above provisions, may operate a motor vehicle, other than a motorcycle or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California-licensed driver with a valid license of the appropriate class, 18 years of age or over, whose driving privilege is not on probation, as specified. A violation of this provision is punishable as an infraction.
The bill would, commencing January 1, 2027, for purposes of supervising a person issued a valid permit as described above, raise the required age of the California-licensed driver to 21 years of age. By changing the definition of an existing infraction, the bill would impose a state-mandated local program.
(3)Existing law prohibits a person from owning or operating a driving school or giving driving instruction for compensation without a license issued by the department.
The bill would require, on and after January 1, 2025, an owner or operator of a driving school or an independent driving instructor, as a condition of obtaining a new license or renewed license from the department to offer and accept installment payments, as specified, for the compensation to provide the instruction required by the Brady-Jared Teen Driver Safety Act of 1997. The bill would, commencing January 1, 2026, also authorize the department to charge a driving school, as specified, a fee not to exceed $1 for each driver education or driver training certificate of completion furnished by the department and issued to a person who has demonstrated satisfactory completion of a certified driver education and driver training course, in order to recover the departments reasonable costs in administering the provisional licensing program. The bill would prohibit a driving school from charging an applicant a fee for a certificate of completion that exceeds the fee the department charges the school.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if the magistrate is presented with a peace officers affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officers presence in violation of specified offenses, including, among others, a person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officers motor vehicle. Existing law makes it a crime punishable by a fine, imprisonment, or both a fine and imprisonment, for a person to willfully flee or attempt to evade a pursuing peace officers motor vehicle, and the person operating the pursued vehicle willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves upon that highway.This bill would include this crime in the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate.Existing law requires a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if the magistrate is presented with a peace officers affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officers presence in violation of specified offenses, including, among others, a person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officers motor vehicle. Existing law makes it a crime punishable by a fine, imprisonment, or both a fine and imprisonment, for a person to willfully flee or attempt to evade a pursuing peace officers motor vehicle, and the person operating the pursued vehicle willfully drives that vehicle on a highway in a direction opposite to that in which the traffic lawfully moves upon that highway.
This bill would include this crime in the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate.
The Legislature finds and declares all of the following:
(a)According to the State Department of Public Healths EPICenter and data provided by the National Center for Injury Prevention and Control of the federal Centers for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death and hospitalizations for Californias children and youth between 1 and 19 years of age and the leading cause of injury-related deaths for children under one year of age. The EPICenter data shows that every 10 years unintentional injuries cause the death of nearly 10,000 California children and youth, result in the hospitalization of another 240,000, and result in more than 4 million emergency room visits, at a cost of more than $617 million dollars a year in initial medical costs and $3,400,000,000 per year in medical and wage-loss costs combined when parents, caregivers, or guardians have to take time off work to help care for an injured child or plan for a funeral.
(b)According to the EPICenter, the National Center for Injury Prevention and Control, the National Highway Traffic Safety Administration (NHTSA), and the American Academy of Pediatrics, vehicle crashes are the leading cause of death and hospitalizations for teenage youth nationwide, and crashes involving teenage drivers are most likely to lead to teenage deaths and hospitalizations.
(c)Vehicle crashes involving children and youth 19 years of age or younger cost Californias health care system $110 million dollars in initial medical costs and $387 million dollars in medical and wage-loss costs combined, excluding ongoing medical, followup care, special education, services provided by the State Department of Developmental Services, and other associated costs.
(d)According to the CDC, the Insurance Institute for Highway Safety, the Department of Motor Vehicles, the Department of the California Highway Patrol, and NHTSA data, there are five factors that have a documented impact on reducing teenage driver-involved crashes and result in fewer deaths and injuries involving first-time teenage drivers:
(1)Teenage drivers obtaining their first drivers license after completing a Graduated Driver Licensing (GDL) program, which requires driver education training, and a period of time during which the driver gains experience driving under the restrictions of a provisional license.
(2)Teenage drivers not texting or using a cellular telephone while driving.
(3)Teenage drivers not having peers in the car as passengers, especially during the provisional drivers license time period.
(4)Teenage drivers not drinking alcohol and driving.
(5)Teenage drivers wearing a shoulder harness seatbelt at all times while driving.
(e)According to the CDC, NHTSA, and Insurance Institute for Highway Safety data, first-time teenage drivers who have obtained their unrestricted drivers license after completing a GDL program, similar to the GDL program in California, have 40 to 60 percent fewer crashes than first-time teenage drivers who have not gone through GDL. Californias GDL program only covers first-time teenage drivers who are 16 or 17 years of age. First-time California novice drivers who are 18, 19, or 20 years of age are not currently required to complete Californias GDL program.
(f)According to the Department of Motor Vehicles, over 40 percent or more of Californias teenagers do not first obtain their drivers license until they are 18 or 19 years of age.
(g)The California 20152019 Strategic Highway Safety Plan Implementation Plan, prepared in part by the Emergency Medical Services Authority, the Office of Traffic Safety, the Department of Transportation, the State Department of Public Health, the Department of the California Highway Patrol, and the Department of Motor Vehicles, calls for extending Californias Graduated Driver Licensing program to apply to novice drivers through 20 years of age.
(h)For all of these reasons, and because Californias GDL program has proven to be successful in greatly reducing first-time teenage driver-involved crashes, the Legislature has a compelling reason to protect all of our states teenage drivers, and everyone else who drives on the same roadways, by expanding Californias first-time teenage driver GDL program to include persons who are under 21 years of age, but over 17 years of age, to allow first-time teenage drivers enough time to fully complete the driver education and provisional or restricted drivers license phase of the GDL program.
SEC. 2.Section 11103.5 is added to the Vehicle Code, to read:11103.5.(a)To the extent required by subdivision (b), an owner or operator of a driving school or an independent driving instructor who requires compensation to provide the behind-the-wheel instruction or driver training instruction specified in Section 12814.6 shall affirmatively offer and accept compensation in installments through the duration of the instruction for up to 12 months from the first date the instruction begins. Final payment shall be due upon issuance of a certificate of completion furnished to the driving school by the department and issued to the person completing the instruction. An owner or operator of a driving school or an independent driving instructor shall not charge any additional amount in any form, including, but not limited to, interest charges or a processing or administrative fee, for accepting the compensation by installment payments.
(b)On and after January 1, 2025, an owner or operator of a driving school or an independent driving instructor shall accept and perform the requirements of subdivision (a) as a condition of receiving a license or a renewal of a license pursuant to this chapter. An owner or operator of a driving school or an independent driving instructor providing instruction for compensation pursuant to a valid license issued by the department before January 1, 2025, is not required to accept and perform the requirements of subdivision (a) until that license is due for renewal.
SEC. 3.Section 12509 of the Vehicle Code is amended to read:12509.(a)Except as otherwise provided in subdivision (f) of Section 12514, the department, for good cause, may issue an instruction permit to a physically and mentally qualified person who meets one of the following requirements and who applies to the department for an instruction permit:
(1)Is 15 years and 6 months of age or older, and has successfully completed approved courses in automobile driver education and driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.
(2)Is 15 years and 6 months of age or older, and has successfully completed an approved course in automobile driver education and is taking driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.
(3)Is 15 years and 6 months of age and enrolled and participating in an integrated automobile driver education and training program as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 12814.6.
(4)Is over 16 years of age and is applying for a restricted drivers license pursuant to Section 12814.7.
(5)Is over 17 years and 6 months of age.
(b)The applicant shall qualify for, and be issued, an instruction permit within 12 months from the date of the application.
(c)An instruction permit issued pursuant to subdivision (a) shall entitle the applicant to operate a vehicle, subject to the limitations imposed by this section and any other provisions of law, upon the highways for a period not exceeding 24 months from the date of the application.
(d)Except as provided in Section 12814.6, a person, while having in their immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of, and paragraph (5) of, subdivision (a), may operate a motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California-licensed driver with a valid license of the appropriate class who is 18 years of age or over and whose driving privilege is not subject to probation. An accompanying licensed driver at all times shall occupy a position within the drivers compartment that would enable the accompanying licensed driver to assist the person in controlling the vehicle as may be necessary to avoid a collision and to provide immediate guidance in the safe operation of the vehicle.
(e)A person, while having in their immediate possession a valid permit issued pursuant to paragraph (4) of subdivision (a), may only operate a government-owned motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when taking driver training instruction administered by the California National Guard.
(f)The department may also issue an instruction permit to a person who has been issued a valid drivers license to authorize the person to obtain driver training instruction and to practice that instruction in order to obtain another class of drivers license or an endorsement.
(g)The department may further restrict permits issued under subdivision (a) as it may determine to be appropriate to ensure the safe operation of a motor vehicle by the permittee.
(h)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 4.Section 12509 is added to the Vehicle Code, to read:12509.(a)Except as otherwise provided in subdivision (f) of Section 12514, the department, for good cause, may issue an instruction permit to a physically and mentally qualified person who meets one of the following requirements and who applies to the department for an instruction permit:
(1)Is 15 years and 6 months of age or older, and has successfully completed approved courses in automobile driver education and driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.
(2)Is 15 years and 6 months of age or older, and has successfully completed an approved course in automobile driver education and is taking driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6.
(3)Is 15 years and 6 months of age and enrolled and participating in an integrated automobile driver education and training program as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 12814.6.
(4)Is over 16 years of age and is applying for a restricted drivers license pursuant to Section 12814.7.
(5)Is over 20 years and 6 months of age.
(b)The applicant shall qualify for, and be issued, an instruction permit within 12 months from the date of the application.
(c)An instruction permit issued pursuant to subdivision (a) shall entitle the applicant to operate a vehicle, subject to the limitations imposed by this section and any other law, upon the highways for a period not exceeding 24 months from the date of the application.
(d)Except as provided in Section 12814.6, a person, while having in their immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of, and paragraph (5) of, subdivision (a), may operate a motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California-licensed driver with a valid license of the appropriate class who is 21 years of age or over and whose driving privilege is not subject to probation. An accompanying licensed driver at all times shall occupy a position within the drivers compartment that would enable the accompanying licensed driver to assist the person in controlling the vehicle as may be necessary to avoid a collision and to provide immediate guidance in the safe operation of the vehicle.
(e)A person, while having in their immediate possession a valid permit issued pursuant to paragraph (4) of subdivision (a), may only operate a government-owned motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when taking driver training instruction administered by the California National Guard.
(f)The department may also issue an instruction permit to a person who has been issued a valid drivers license to authorize the person to obtain driver training instruction and to practice that instruction in order to obtain another class of drivers license or an endorsement.
(g)The department may further restrict permits issued under subdivision (a) as it may determine to be appropriate to ensure the safe operation of a motor vehicle by the permittee.
(h)This section shall become operative on January 1, 2027.
SEC. 5.Section 12509.5 of the Vehicle Code is amended to read:12509.5.(a)A person shall obtain an instruction permit issued pursuant to this section before prior to operating, or being issued a class M1 or M2 drivers license to operate, a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor. The person shall meet the following requirements to obtain an instruction permit for purposes of this section:
(1)If age 15 years and 6 months of age or older, but under the age of 18 years, 18 years of age, the applicant shall meet all of the following requirements:
(A)Have a valid class C license or complete driver education and training pursuant to paragraph (3) of subdivision (a) of Section 12814.6.
(B)Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(C)Pass the motorcycle drivers written exam.
(2)If 18 years of age or older, but under 21 years of age, the applicant shall meet both of the following requirements:
(A)Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(B)Pass the motorcycle drivers written exam.
(3)If 21 years of age or older, pass the motorcycle drivers written exam.
(b)A person described in paragraph (1) or (2) of subdivision (a) shall hold an instruction permit issued pursuant to this section for a minimum of six months before prior to being issued a class M1 or M2 license.
(c)A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of the Education Code.
(d)An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.
(e)The department may perform, during regularly scheduled computer system maintenance and upgrades, any necessary software updates related to the changes made by the addition, during the 200910 Regular Session, of this section.
(f)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 6.Section 12509.5 is added to the Vehicle Code, to read:12509.5.(a)A person shall obtain an instruction permit issued pursuant to this section prior to operating, or being issued a class M1 or M2 drivers license to operate, a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor. The person shall meet the following requirements to obtain an instruction permit for purposes of this section:
(1)If 15 years and 6 months of age or older, but under 21 years of age, the applicant shall meet all of the following requirements:
(A)Have a valid class C license or complete driver education and training pursuant to paragraph (3) of subdivision (a) of Section 12814.6.
(B)Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(C)Pass the motorcycle drivers written exam.
(2)If 21 years of age or older, pass the motorcycle drivers written exam.
(b)A person described in paragraph (1) of subdivision (a) shall hold an instruction permit issued pursuant to this section for a minimum of six months prior to being issued a class M1 or M2 license.
(c)A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle, motor-driven cycle, motorized bicycle, moped, or bicycle with an attached motor during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of the Education Code.
(d)An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.
(e)The department may perform, during regularly scheduled computer system maintenance and upgrades, any necessary software updates related to the changes made by the addition, during the 200910 Regular Session, of this section.
(f)This section shall become operative on January 1, 2027.
SEC. 7.Section 12660 of the Vehicle Code is amended to read:12660.(a)The department may establish a program authorizing a driving school licensed under Chapter 1 (commencing with Section 11100) of Division 5 to issue a student license to operate a class 3 vehicle to any applicant 15 years of age or older, subject to the conditions specified in subdivision (d).
(b)The department may charge any driving school participating in the program a fee not to exceed two dollars ($2) per applicant to recover the departments cost in establishing and monitoring the program. The fee that a participating school may charge an applicant for a student license may shall not exceed the fee that the department charges the school for the license.
(c)The department may remove a driving school from the program if the department determines that the school has issued a student license fraudulently, or has otherwise not followed the requirements of the program. This fraudulent conduct may result in cause for suspension or revocation of the driving school license.
(d)(1)Applicants shall meet the qualification standards specified in regulations adopted by the department pursuant to Section 12661. The student license application shall be accompanied by a statement signed by the parents applicants parent or guardian, or person having custody of the minor, applicant, consenting to the issuance of a student license to the applicant.
(2)No A licensed driving school may shall not issue a student license to any an applicant under the age of 17 years and 6 months of age unless that applicant shows proof of satisfactory completion of an approved course in driver education, pursuant to standards specified in paragraph (4) of subdivision (a) of Section 12814.6.
(e)A driving school owner or an independent instructor licensed under Section 11105.5 shall maintain liability insurance for bodily injury or property damage caused by the use of a motor vehicle in driving instruction, and for the liability of the driving school, the instructor, and the student, in accordance with Section 11103.
(f)The department shall submit a report to the Legislature on the progress of the program established under subdivision (a) within two years after the program is implemented. The report shall include, but not be limited to, an analysis of the costs and benefits of the program and shall include recommendations by the department.
(g)The director may terminate the program at any time the department determines that continued operation of the program would have an adverse effect on traffic safety. The finding upon which the termination is based shall be reported to the Legislature within 30 days following termination of the program.
(h)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 8.Section 12660 is added to the Vehicle Code, to read:12660.(a)The department may establish a program authorizing a driving school licensed under Chapter 1 (commencing with Section 11100) of Division 5 to issue a student license to operate a class 3 vehicle to any applicant 15 years of age or older, subject to the conditions specified in subdivision (d).
(b)The department may charge any driving school participating in the program a fee not to exceed two dollars ($2) per applicant to recover the departments cost in establishing and monitoring the program. The fee that a participating school may charge an applicant for a student license shall not exceed the fee that the department charges the school for the license.
(c)The department may remove a driving school from the program if the department determines that the school has issued a student license fraudulently, or has otherwise not followed the requirements of the program. This fraudulent conduct may result in cause for suspension or revocation of the driving school license.
(d)(1)Applicants shall meet the qualification standards specified in regulations adopted by the department pursuant to Section 12661. The student license application shall be accompanied by a statement signed by the applicants parent or guardian, or person having custody of the applicant, consenting to the issuance of a student license to the applicant.
(2)A licensed driving school shall not issue a student license to an applicant under 20 years and 6 months of age unless that applicant shows proof of satisfactory completion of an approved course in driver education, pursuant to standards specified in paragraph (4) of subdivision (a) of Section 12814.6.
(e)A driving school owner or an independent instructor licensed under Section 11105.5 shall maintain liability insurance for bodily injury or property damage caused by the use of a motor vehicle in driving instruction, and for the liability of the driving school, the instructor, and the student, in accordance with Section 11103.
(f)The department shall submit a report to the Legislature on the progress of the program established under subdivision (a) within two years after the program is implemented. The report shall include, but not be limited to, an analysis of the costs and benefits of the program and shall include recommendations by the department.
(g)The director may terminate the program at any time the department determines that continued operation of the program would have an adverse effect on traffic safety. The finding upon which the termination is based shall be reported to the Legislature within 30 days following termination of the program.
(h)This section shall become operative on January 1, 2027.
SEC. 9.Section 12814.6 of the Vehicle Code is amended to read:12814.6.(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 their 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 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 6 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 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 shall not take driver training instruction, instruction unless the student 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, or 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.
(6)Commencing January 1, 2026, the department may charge a driving school licensed under Chapter 1 (commencing with Section 11100) of Division 5 a fee not to exceed one dollar ($1) for each driver education or driver training certificate of completion furnished by the department and issued to a person who has demonstrated satisfactory completion of a certified driver education and driver training course in order to recover the departments reasonable costs in administering this section. The fee that a participating school may charge an applicant for a certificate of completion shall not exceed the fee that the department charges the school for the certificate.
(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 licensee is necessary. The licensee shall keep in their 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 licensee is necessary. The licensee shall keep in their 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 licensee is necessary. The licensee shall keep in their 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 licensee is necessary to transport the licensee or the licensees immediate family member. The licensee shall keep in their 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 licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A)Not less than 8 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 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 the record of the person shows one or more notifications issued pursuant to former Section 40509 or former Section 40509.5. The suspension shall continue until any notification issued pursuant to former Section 40509 or former Section 40509.5 has been cleared.
(2)A 30-day restriction shall be imposed when 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 6-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever 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 not violate no any law that, 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 they were 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 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.
(m)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 10.Section 12814.6 is added to the Vehicle Code, to read:12814.6.(a)Except as provided in Section 12814.7, a drivers license issued to a person at least 16 years of age but under 21 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 their 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)A person under 18 years of age shall hold an instruction permit for not less than six months prior to applying for a provisional drivers license. A person at least 18 years of age, but under 21 years of age, shall hold an instruction permit for not less than 60 days 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 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 6 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 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 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 shall not take driver training instruction unless the student 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, or guardian, an emancipated minor, or a person at least 18 years of age, but under 21 years of age, 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.
(6)The Department of Motor Vehicles may charge a driving school licensed under Chapter 1 (commencing with Section 11100) of Division 5 a fee not to exceed one dollar ($1) for each driver education or driver training certificate of completion furnished by the department and issued to a person who has demonstrated satisfactory completion of a certified driver education and driver training course, in order to recover the departments reasonable costs in administering this section. The fee that a participating school may charge an applicant for a certificate of completion shall not exceed the fee that the department charges the school for the certificate.
(b)Except as provided in Section 12814.7, the provisional drivers license shall be subject to all of the restrictions described in paragraphs (1) and (2).
(1)Except as specified in paragraph (2), the licensee shall 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 licensee is necessary. The licensee shall keep in their 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)School or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i)The licensee shall keep in their 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 school or school-authorized activity will have been completed.
(ii)A licensee who is 18, 19, or 20 years of age may keep in the licensees possession a copy of the licensees class schedule as documentation to satisfy clause (i).
(C)Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary.
(i)The licensee shall keep in their possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed.
(ii)A licensee who is 18, 19, or 20 years of age may keep in the licensees possession a copy of the licensees work schedule as documentation to satisfy clause (i).
(D)Necessity of the licensee or the licensees immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensees immediate family member. The licensee shall keep in their possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensees immediate family member, a signed statement by a parent or legal guardian is not required.
(E)The licensee is an emancipated minor.
(3)(A)The restrictions described in paragraphs (1) and (2) shall apply during the first 12 months after issuance of a provisional license to a licensee who is 16 or 17 years of age at the time of issuance.
(B)The restrictions described in paragraphs (1) and (2) shall apply during the first 6 months after issuance of a provisional license to a licensee who is 18, 19, or 20 years of age at the time of issuance.
(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 licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
(A)Not less than 8 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, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810.
(g)Any 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 21 years of age before the term ends.
(1)The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to former Section 40509 or former Section 40509.5. The suspension shall continue until any notification issued pursuant to former Section 40509 or former Section 40509.5 has been cleared.
(2)A 30-day restriction shall be imposed when a driver with a provisional license who is 16 or 17 years of age has a drivers record that shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. A 30-day restriction shall be imposed when a driver with a provisional license who is 18, 19, or 20 years of age has a drivers record that shows a violation point count of two or more points in 6 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 6-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a driver with a provisional license who is 16 or 17 years of age has a drivers record that shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. A 6-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a driver with a provisional license who is 18, 19, or 20 years of age has a drivers record that shows a violation point count of three or more points in 6 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 not violate any law that, 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 they were 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 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.
(m)This section does not apply to a member of the California National Guard, the State Military Reserve, or the United States Armed Forces on active duty who is at least 18 years of age. An identification card issued by the United States Armed Forces is acceptable proof of age for purposes of this subdivision.
(n)This section does not apply to a person who is at least 18 years of age and possesses an ambulance driver certificate pursuant to Section 12527, a certificate to drive a vehicle specified in Section 12517.4, or a commercial drivers license pursuant to Section 15250.
(o)This section shall become operative on January 1, 2027.
SEC. 11.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.
SECTION 1.Section 14602.7 of the Vehicle Code is amended to read:14602.7.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in the peace officers presence in violation of Section 2800.1, 2800.2, 2800.3, 2800.4, or 23103, shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. The vehicle may be impounded for a period not to exceed 30 days.(2)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.(b)(1)An impounding agency shall release a vehicle to the registered owner or the registered owners agent before the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:(A)When the vehicle is a stolen vehicle.(B)When the vehicle is subject to bailment and is driven by an unlicensed employee of the business establishment, including a parking service or repair garage.(C)When the registered owner of the vehicle causes a peace officer to reasonably believe, based on the totality of the circumstances, that the registered owner was not the driver who violated Section 2800.1, 2800.2, 2800.3, or 2800.4, the agency shall immediately release the vehicle to the registered owner or the registered owners agent.(2)A vehicle shall not be released pursuant to this subdivision, except upon presentation of the registered owners or agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, or upon order of the court.(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:(A)The name, address, and telephone number of the agency providing the notice.(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.(4)At the hearing, the magistrate may order the vehicle released if the magistrate finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency. The magistrate may also consider releasing the vehicle when the continued impoundment will cause undue hardship to persons dependent upon the vehicle for employment or to a person with a community property interest in the vehicle.(5)Failure of either the registered or legal owner, or the registered or legal owners agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.(d)The registered owner or the registered owners agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent before the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a financial interest in the vehicle.(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. A lien sale processing fees shall not be charged to the legal owner who redeems the vehicle before the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage and related fees, but not to exceed five hundred dollars ($500).(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.(3)(A)The legal owner or the legal owners agent presents, to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.(B)Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents the legal owner or the legal owners agent is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded of the vehicle or any agents of the registered owner, unless a registered owner is a rental car agency, until the termination of the impoundment period.(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents their valid drivers license or valid temporary drivers license to the legal owner or the legal owners agent. The legal owner or the legal owners agent shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.(3)Before relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.(g)(1)A vehicle impounded and seized under subdivision (a) shall be released to a rental car agency before the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.(2)The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver who used the vehicle that was seized to evade a police officer until 30 days after the date that the vehicle was seized.(3)The rental car agency may require the person to whom the vehicle was rented and who evaded the peace officer to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.(h)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.(i)(1)This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658.(2)This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of three hundred dollars ($300) or less.(j)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent provided the release complies with the provisions of this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release. CORRECTIONS: TextPages 25 and 26.(a)(1)A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in the peace officers presence in violation of Section 2800.1, 2800.2, 2800.3, 2800.4, or 23103, shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. A vehicle so impounded The vehicle may be impounded for a period not to exceed 30 days.
(2)The impounding agency, within two working days of impoundment, shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the department, informing the owner that the vehicle has been impounded and providing the owner with a copy of the warrant or court order. Failure to notify the legal owner within two working days shall prohibit the impounding agency from charging for more than 15 days impoundment when a legal owner redeems the impounded vehicle. The law enforcement agency shall be open to issue a release to the registered owner or legal owner, or the agent of either, whenever the agency is open to serve the public for regular, nonemergency business.
(b)(1)An impounding agency shall release a vehicle to the registered owner or his or her the registered owners agent prior to before the end of the impoundment period and without the permission of the magistrate authorizing the vehicles seizure under any of the following circumstances:
(A)When the vehicle is a stolen vehicle.
(B)When the vehicle is subject to bailment and is driven by an unlicensed employee of the business establishment, including a parking service or repair garage.
(C)When the registered owner of the vehicle causes a peace officer to reasonably believe, based on the totality of the circumstances, that the registered owner was not the driver who violated Section 2800.1, 2800.2, or 2800.3, or 2800.4, the agency shall immediately release the vehicle to the registered owner or his or her the registered owners agent.
(2)No A vehicle shall not be released pursuant to this subdivision, except upon presentation of the registered owners or agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, or upon order of the court.
(c)(1)Whenever a vehicle is impounded under this section, the magistrate ordering the storage shall provide the vehicles registered and legal owners of record, or their agents, with the opportunity for a poststorage hearing to determine the validity of the storage.
(2)A notice of the storage shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
(A)The name, address, and telephone number of the agency providing the notice.
(B)The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle.
(C)A copy of the warrant or court order and the peace officers affidavit, as described in subdivision (a).
(D)A statement that, in order to receive their poststorage hearing, the owners, or their agents, are required to request the hearing from the magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
(3)The poststorage hearing shall be conducted within two court days after receipt of the request for the hearing.
(4)At the hearing, the magistrate may order the vehicle released if he or she the magistrate finds any of the circumstances described in subdivision (b) or (e) that allow release of a vehicle by the impounding agency. The magistrate may also consider releasing the vehicle when the continued impoundment will cause undue hardship to persons dependent upon the vehicle for employment or to a person with a community property interest in the vehicle.
(5)Failure of either the registered or legal owner, or his or her the registered or legal owners agent, to request, or to attend, a scheduled hearing satisfies the poststorage hearing requirement.
(6)The agency employing the peace officer who caused the magistrate to issue the warrant or court order shall be responsible for the costs incurred for towing and storage if it is determined in the poststorage hearing that reasonable grounds for the storage are not established.
(d)The registered owner or his or her the registered owners agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.
(e)A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owners agent prior to before the end of the impoundment period and without the permission of the magistrate authorizing the seizure of the vehicle if all of the following conditions are met:
(1)The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a financial interest in the vehicle.
(2)(A)The legal owner or the legal owners agent pays all towing and storage fees related to the seizure of the vehicle. No A lien sale processing fees shall not be charged to the legal owner who redeems the vehicle prior to before the 15th day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owners agent any administrative charges imposed pursuant to Section 22850.5 unless the legal owner voluntarily requested a poststorage hearing.
(B)A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owners agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. Credit card means credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(C)A person operating or in charge of a storage facility described in subparagraph (B) who violates subparagraph (B) shall be civilly liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing, storage and related fees, but not to exceed five hundred dollars ($500).
(D)A person operating or in charge of a storage facility described in subparagraph (B) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(E)Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.
(3)(A)The legal owner or the legal owners agent presents, to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government-issued photographic identification card; and any one of the following, as determined by the legal owner or the legal owners agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or any other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.
No administrative(B)Administrative costs authorized under subdivision (a) of Section 22850.5 shall not be charged to the legal owner of the type specified in paragraph (1), who redeems the vehicle unless the legal owner voluntarily requests a poststorage hearing. No A city, county, city and county, or state agency shall not require a legal owner or a legal owners agent to request a poststorage hearing as a requirement for release of the vehicle to the legal owner or the legal owners agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this paragraph. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The legal owner or the legal owners agent shall be given a copy of any documents he or she the legal owner or the legal owners agent is required to sign, except for a vehicle evidentiary hold logbook. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owners agent.
(4)A failure by a storage facility to comply with any applicable conditions set forth in this subdivision shall not affect the right of the legal owner or the legal owners agent to retrieve the vehicle, provided all conditions required of the legal owner or legal owners agent under this subdivision are satisfied.
(f)(1)A legal owner or the legal owners agent that obtains release of the vehicle pursuant to subdivision (e) shall not release the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded of the vehicle or any agents of the registered owner, unless a registered owner is a rental car agency, until the termination of the impoundment period.
(2)The legal owner or the legal owners agent shall not relinquish the vehicle to the registered owner or the person who was listed as the registered owner when the vehicle was impounded until the registered owner or that owners agent presents his or her their valid drivers license or valid temporary drivers license to the legal owner or the legal owners agent. The legal owner or the legal owners agent shall make every reasonable effort to ensure that the license presented is valid and possession of the vehicle will not be given to the driver who was involved in the original impoundment proceeding until the expiration of the impoundment period.
(3)Prior to Before relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.
(4)Any legal owner who knowingly releases or causes the release of a vehicle to a registered owner or the person in possession of the vehicle at the time of the impoundment or any agent of the registered owner in violation of this subdivision shall be guilty of a misdemeanor and subject to a fine in the amount of two thousand dollars ($2,000) in addition to any other penalties established by law.
(5)The legal owner, registered owner, or person in possession of the vehicle shall not change or attempt to change the name of the legal owner or the registered owner on the records of the department until the vehicle is released from the impoundment.
(g)(1)A vehicle impounded and seized under subdivision (a) shall be released to a rental car agency prior to before the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure of the vehicle.
(2)The owner of a rental vehicle that was seized under this section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver who used the vehicle that was seized to evade a police officer until 30 days after the date that the vehicle was seized.
(3)The rental car agency may require the person to whom the vehicle was rented and who evaded the peace officer to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining custody of the vehicle.
(h)Notwithstanding any other provision of this section, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Section 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.
(i)(1)This section does not apply to vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles impounded for investigation pursuant to Section 22655, or to vehicles removed from private property pursuant to Section 22658.
(2)This section does not apply to abandoned vehicles removed pursuant to Section 22669 that are determined by the public agency to have an estimated value of three hundred dollars ($300) or less.
(j)The law enforcement agency and the impounding agency, including any storage facility acting on behalf of the law enforcement agency or impounding agency, shall comply with this section and shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owners agent provided the release complies with the provisions of this section. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owners agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims. A law enforcement agency shall not refuse to issue a release to a legal owner or the agent of a legal owner on the grounds that it previously issued a release.
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Date
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Status
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|---|---|
| May 16, 2024 | In committee: Held under submission. |
| May 16, 2024 | Joint Rule 62(a), file notice suspended. (Page 5215.) |
| May 15, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr 11, 2024 | Re-referred to Com. on TRANS. pursuant to Assembly Rule 96. |
| Apr 10, 2024 | Measure version as amended on April 8 corrected. |
| Apr 9, 2024 | Re-referred to Com. on PUB. S. |
| Apr 8, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 26, 2024 | Referred to Com. on PUB. S. |
| Feb 13, 2024 | From printer. May be heard in committee March 14. |
| Feb 12, 2024 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 22, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | 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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|---|---|---|
| California Association for Safety Education | ** Support | |
| California Coalition for Children's Safety and Health | ** Support | |
| Impact Teen Drivers | ** Support | |
| National Safety Council | ** Support | |
| Nora Rose Hines Foundation | ** Support | |
| Peace Officers Research Association Of California | ** Support | |
| Personal Insurance Federation Of California | ** Support | |
| Safe Moves | ** Support |
Date of Hearing: May 15, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2385
Author:(Alanis) – As Amended Ver:April 8, 2024
Policy Committee: | Transportation | Vote: | 15 - 0 |
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| ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill, effective July 1, 2027, and with certain exceptions, extends the provisional driver’s license (PDL) program, which currently applies to any qualified person under 18 years of age, to any qualified person under 21 years of age.
The bill requires a driving school that offers PDL instruction to accept installment payments for the instruction. The bill also authorizes the Department of Motor Vehicles (DMV) to charge a fee, up to $1, for each driver education or driver training certificate of completion furnished by the department and issued to a person who has demonstrated satisfactory completion of a certified driver education and driver training course.
FISCAL EFFECT:
To implement this bill, the DMV will confront one-time costs to draft regulations, modify forms and publications, and, most significantly, modify its information technology (IT) programming. DMV may experience additional ongoing costs to the extent customers in the age group affected by this bill apply for PDLs, which would entail DMV field office visits. DMV did not provide an estimate of its up-front IT programming costs, contending it could not predict these costs because the work would occur outside of DMV’s ongoing comprehensive revamp of its existing IT systems. However, based on DMV’s cost estimates for other programming changes, it is safe to assume costs will be in the hundreds of thousands of dollars, at least.
DMV did provide an estimate of costs related to increased workload in its field offices to (1) process documentation for 250,000 applicants that is required under the PDL program and that is not required of other licensing programs and to (2) “cashier” the new $1 certificate fee. DMV estimates these costs to total $1.3 million in fiscal year 2026-27 and $1.9 million annually ongoing thereafter.
All costs would be funded form the Motor Vehicle Account (MVA), the DMV’s main funding source. According to the Legislative Analyst’s Office (LAO), the MVA is expected to fully exhaust its reserves and become insolvent in fiscal year 2025‑26. The LAO further warns that the MVA, absent corrective action, such as revenue increases or spending reductions, will experience a negative fund balance of $1.4 billion in fiscal year 2028‑29.
COMMENTS:
- Purpose. The author contends this bill better accommodates youth driving trends, which will lead to safer driving. According to the author:
Not long ago most teenagers obtained their first driver’s license before turning 18. California’s successful teen driver safety program Graduated Driver License program ends at age 18, yet more than 40% of California’s teenagers are waiting to get their first driver’s license until they are 18 or older thus aging out of the current age range of the state’s teen driver safety program. The DMV attributes much of this to the change in the cost of being a driver, including far higher car pricing, gas, insurance & maintenance costs. National and state research shows that 18-21 year old drivers without GDL have 40% to 60% higher fatal crash rates than their younger peers – 16- and 17-year-old – drivers with GDL. AB 2385 makes the important public health, traffic safety, and lifesaving change to our state’s successful teen driver safety program by extending that program to all first-time drivers up through age 20.
- Background. Existing law authorizes DMV to issue a driver’s license (DL) to a person who is 18 years of age or older who meets certain criteria. In contrast, the law does not allow DMV to issue a DL to a person who is 16 or 17 years of age. Rather, DMV may issue a PDL to a person 16 or 17 years of age who has met the following criteria:
- Has held an instructional permit issued by DMV for at least six months.
- Has completed driver education and training offered by a secondary school or licensed driving instructor.
- Has completed at least six hours of behind-the-wheel instruction by a driving school or licensed driving instructor.
- Has completed 50 hours of supervised driving practice.
- Has passed an examination required by DMV.
A driver with a PDL is subject to certain restrictions to their driving privilege, with some exceptions. Existing law specifies that a law enforcement officer must not stop a vehicle for the sole purpose of determining whether a driver is in violation of PDL driving restrictions. However, if a driver with a PDL is found to have violated the restrictions, they are subject to various penalties, including fines, community service and suspension of their driving privilege. DMV may issue the person with a valid PDL a DL, upon the person turning 18 years of age, if the person is otherwise qualified for a DL.
The California 2015-2019 Strategic Highway Safety Plan recommends extending California’s PDL requirements to individuals up to the age of 20. Caltrans prepared the report in consultation with the California Emergency Medical Services Authority, the Office of Traffic Safety, California Department of Public Health, the California Highway Patrol and DMV. Nonetheless, none of the administrative agencies currently supports the bill.
This bill is supported by several organizations that advocate for roadway safety, including the National Safety Council, which writes:
California’s current [graduated driver licensing (GDL)] program only applies to drivers under the age of 18. As a result, drivers who delay licensure until age 18 years old do not receive the benefits of GDL. However, age does not indicate the level of driving acumen, nor does it offset the proven principles of GDL. Evidence from the 2014 study, “Crash and traffic violation rates before and after licensure for novice California drivers subject to different driver licensing requirements’ demonstrates 18 to 19 year old novice drivers who avoid GDL are worse than novice drivers of any age group – even younger teens.
- Related and Prior Legislation. This bill is identical to, or very similar to, at least seven other bills introduced in recent years that have not become law. Only one of those bills, AB 63 (Frazier), of the 2017-18 Legislative Session, made it through the Legislature, but it was ultimately vetoed by Governor Brown, who wrote:
The provisions of this bill create a burden on a segment of adult Californians that are no longer seen as a minor in the eyes of the law. Eighteen year olds are eligible to enlist in the military, vote in national, state, and local elections, enter into contracts, and buy their own car. I believe adults should not be subject to the same driving restrictions presently applied to minors.
Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081
Date of Hearing: April 22, 2024
ASSEMBLY COMMITTEE ON TRANSPORTATION
Lori D. Wilson, Chair
ABPCA Bill Id:AB 2385 (
Author:Alanis) – As Amended Ver:April 8, 2024
SUBJECT: Driver’s licenses: instruction permits and provisional licenses
SUMMARY Extends the age requirements of the provisional driver’s license (PDL) program to individuals between the ages of 18 and 21 beginning January 1, 2027. Specifically, this bill:
- Authorizes the Department of Motor Vehicles (DMV) to charge a licensed driving school a fee not to exceed $1 for each driver education or driver training certificate of completion furnished to DMV beginning January 1, 2026. Authorizes the school to pass the fee to the consumer.
- Provides that an individual aged 18 to 21 must hold a learner’s permit for at least 60 days, prior to applying for a PDL.
- Authorizes a PDL holder who is 18 to 20 years old to use a copy of their class schedule to document the school activity exception to PDL requirements, and a copy of his or her work schedule for the employment exception. Waives the requirement for a PDL holder who is 18 to 20 years old to document the family member exception.
- Allows an individual 18 to 20 years old to have a licensed driver 25 years or older certify that he or she has completed the instruction permit requirements, except for a motorcycle license.
- Exempts from these requirements a member of the US Armed Forces who is on active duty and is at least 18 years old.
- Provides that the hours of operation restrictions and the transportation of passengers who are under 20 years of age restrictions on a PDL will be for six months instead of 12 months for those between the ages of 18 and 21.
- Provides that an individual with a PDL between the ages of 18 and 21 will have their license restricted for 30 days if they receive more than two negligent operator points within six months by requiring them to be accompanied by an individual over 25 years of age, or a parent, spouse or guardian, and no other passengers.
- Requires an owner or operator of a driving school, or an independent driving instructor, to affirmatively offer and accept compensation in equal monthly installments for up to a year and prohibits charging of any additional fees such as interest or administrative fees. Provides that beginning January 1, 2025, allowing installment payments shall be a condition of receiving or renewing a driving school or instructor license.
EXISTING LAW:
- Establishes a PDL program for individuals between 16 and 18 years of age. (Vehicle Code Section (VEH) 12814.8).
- Provides that prior to issuing a PDL, the DMV must 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. (An individual 17 years and six months or older can apply without having taken driver education or training.) 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. (VEH 12809).
- Prohibits a learner’s permit holder from applying for a PDL until he or she has held the permit for at least six months. Requires a permit holder, prior to applying for a PDL, 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 written and driving tests required by DMV. (VEH 12814.6)
- Prohibits, during the first 12 months, a PDL holder 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 PDL 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. (VEH 12814.6)
- Provides that an individual with a PDL between the ages of 16 and 18 will have their license restricted for 30 days if they receive more than two negligent operator points within 12 months by requiring them to be accompanied with an individual over 25 years of age; or a parent, spouse or guardian, and no other passengers. (VEH 12814.6)
- Requires an individual to submit to DMV the certification of a parent, spouse, guardian, or licensed and certified driving instructor that the applicant has completed the required amount of driving practices. Provides that an individual may have a licensed driver 25 years or older certify that he or she has completed these requirements if he or she does not have a parent, spouse, or guardian, or is an emancipated minor. (VEH 12814.6)
- Requires a PDL holder who needs to drive under one of the exceptions listed above to keep in his or her possession the appropriate document, as follows:
- Medical necessity exception: a signed statement from a physician;
- School activity exception: a signed statement from the school principal, dean, or school staff member designated by the principal or dean;
- Employment exception: a signed statement from the employer; and,
- Family member exception: a signed statement from a parent or legal guardian. (VEH 12814.6)
- 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 any time once he or she has obtained the learner’s permit. (VEH 12814)
- Notwithstanding the PDL program, requires DMV to issue a restricted driver’s license to an individual who is between 16 and 18 years old, valid for the operation of US Army and California National Guard vehicles, if specified conditions are met. (VEH 12509).
FISCAL EFFECT: Unknown
COMMENTS:
In a May 27, 2018 article for The Atlantic titled “Where has Teen Car Culture Gone?” columnist Gary Cross wrote “For nearly a century, coming of age in America meant getting behind the wheel. A driver’s license marked the transition from childhood and dependence to adult responsibility and freedom. To many, it was a far more important milestone than voting or legal drinking. It was the beginning of a new world—of cruising down Main Street to meet with friends and compete with rivals; the ritual of being picked up for a date and making out while “parking”; and of the pleasures and frustrations of repairing, souping up, customizing, or racing a car… some young car enthusiasts remain today, but American teens have as a whole moved on.”
Some have suggested that getting a driver’s license at 16 years old is not the symbol of freedom it once was. As John Zimmer, the co-founder of Lyft, noted “The independence once represented by the car has been replaced by cell phones and social networks, which are now at the forefront of people's expression of freedom and access. Once a symbol of 'coming of age,' many drivers are waiting longer to get their licenses.”
According to the Federal Highway Administration, roughly 25% of 16 year old Americans have a driver’s license, compared to 46% in 1983. While Zimmer has posited that this drop in driving is because of social media and cell phones, the truth is more in the economics: teen drivers simply cannot afford a car. According to the Governor’s Highway Safety Association (GHSA), “Numerous studies confirm that teens were negatively impacted by the recession, making the cost of owning and operating a vehicle a hardship. Additionally, if a teen’s parents were impacted by the economic downturn, it was unlikely they were able or willing to subsidize these costs, further de-incentivizing teen licensure.”
The decline in teen driving has also come with a decline in traffic fatalities. According to GHSA, between 2005 and 2014 fatalities among 15-20 year olds declined 51%, while serious injuries declined 59%. GHSA credits much of that decline to graduated drivers licensing (GDL), known as a PDL in California. Between 2008 and 2017, 3,918 California drivers between the ages of 15 and 20 were involved in a fatal crash, with a high of 523 drivers in 2008, to a low of 326 drivers in 2011.
For most of the country, including California, drivers between the age of 16 and 18 have certain restrictions while driving. In California, these drivers are prohibited from driving between the hours of 11 p.m. and 5 a.m. These drivers are also prohibited from transporting passengers under the age of 20, unless accompanied and supervised by a licensed driver over the age of 25, during the first 12 months of being issued a PDL, with certain exceptions.
These restrictions have a rational basis. Teen drivers, because of their inexperience, tend to have a higher crash rate than the general public. According to GHSA, teen drivers are 1.6 times more likely to be involved in a fatal crash than older drivers.
While the fatality rate is dropping for teenage drivers, there is a noticeable difference between drivers between the ages of 16 and 17 and 18 to 20. According to GHSA, While younger teens have seen a 56% drop in fatal crashes, older teens have only seen a 44% drop. Older teen drivers are also twice as likely to be involved in a fatal crash between midnight and 6 a.m. Further, nearly 20% of older teens involved in fatal car crashes had a blood alcohol content over .01%, compared to 10% of younger teens.
The purpose of a PDL was to ensure new drivers are not distracted by younger passengers or driving at night when it is more dangerous. However, research suggests that 20 to 30% of teens age 18 or older do not have a driver’s license. With more teenagers delaying when they are getting a license, an increasing number of organizations are suggesting that states extend their GDL/PDL requirements to older new drivers. The Center for Disease Control, the National Highway Traffic Safety Administration, and the Insurance Institute for Highway Safety have all found that drivers that go through a provisional licensing period experience 40-60% fewer vehicle crashes than those who obtain a license after reaching the age of 18.
According to the author, “Not long ago most teenagers obtained their first driver’s license before turning 18. California’s successful teen driver safety program Graduated Driver License program ends at age 18, yet more than 40% of California’s teenagers are waiting to get their first driver’s license until they are 18 or older thus aging out of the current age range of the state’s teen driver safety program. The DMV attributes much of this to the change in the cost of being a driver, including far higher car pricing, gas, insurance & maintenance costs. National and state research shows that 18-21 year old drivers without GDL have 40% to 60% higher fatal crash rates than their younger peers – 16- and 17-year-old – drivers with GDL. AB 2385 makes the important public health, traffic safety, and lifesaving change to our state’s successful teen driver safety program by extending that program to all first-time drivers up through age 20.”
Forty-five percent of eligible drivers are waiting until they turn 18 to get their license, primarily because of the costs associated with driving. This means they miss out on the benefits of the Graduated Driver License Program (GDL) that is currently capped at age 18. These drivers who wait are 40 to 60 percent more likely to be involved in a fatal car crash compared to their 16-17 year old peers who went through GDL. Expanding GDL to 18-20 year olds has the opportunity to save 250-500 young lives each year and thousands of others who are hospitalized due to severe crash injury.”
Governor Jerry Brown vetoed AB 63 (Frazier) of 2017, which was substantially similar to this bill. In his veto message, Governor Brown argued: “This bill takes existing driver license restrictions placed on minors aged 16 and 17 years and extends it to adults between 18 to 21 years old. While I understand the author's intent of needing to address factors that contribute to the unnecessary collisions and deaths of young Californians on our highways, the provisions of this bill create a burden on a segment of adult Californians that are no longer seen as a minor in the eyes of the law. Eighteen year olds are eligible to enlist in the military, vote in national, state, and local elections, enter into contracts, and buy their own car. I believe adults should not be subject to the same driving restrictions presently applied to minors. When I vetoed a similar bill in 2013, I believed that efforts would be better focused on teen driver training and education programs that improve transportation safety for provisional drivers. That is still my view today.”
While the Governor vetoed AB 63, the California 2015-2019 Strategic Highway Safety Plan recommends extending California’s PDL requirements to individuals up to the age of 20. This report was prepared by the California Department of Transportation in consultation with the California Emergency Medical Services Authority, the Office of Traffic Safety, California Department of Public Health, the California Highway Patrol, and DMV. As the report notes, “The years right after the graduated driver license restrictions have the highest representation in fatal and injury crashes. Nearly 70 percent of young driver fatalities and severe injuries take place on local roads in urban areas, and occur mainly on the weekends from 12 midnight to 3 a.m.”
More recently, the United States Department of Transportation (USDOT) has introduced the National Roadway Safety Strategy (NRSS). Under the NRSS, USDOT has set a goal to strive for zero roadway fatalities. Zero is the only acceptable number of deaths on our highways, roads, and streets. The USDOT is committed to taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways. However, no one will reach this goal acting alone. Reaching zero will require USDOT to work with the entire roadway transportation community and the American people to lead a significant cultural shift that treats roadway deaths as unacceptable and preventable.”
To achieve this goal, USDOT is adopting a safe systems approach, with the principles that death and serious injuries are unacceptable, humans make mistakes, humans are vulnerable, responsibility is shared, safety is proactive, and redundancy is crucial. To address these concerns to get to zero, NRSS sets across five complementary objectives corresponding with a safe systems approach: safer people, safer roads, safer vehicles, safer speeds, and post-crash care. Under “safer people”, the USDOT considers GDL requirements to be one of the tools available to reduce fatalities. It does not, however, specify the age of the novice driver, as this bill does.
This bill extends PDL restrictions that currently exist for 16 to 18 year olds to 18 to 20 year olds with some notable exceptions. First, if the individual is over 20 years and 6 months of age, an instruction permit will not be necessary. Next, someone over the age of 18 will only have to have an instruction permit for 60 days instead of 6 months before they get their PDL. 18 to 20 year olds will still be able to drive between the hours of 11 PM and 5 AM if they have documentation that they need to drive for work or for school. They will also be able to transport family members under 20 without a parental note. While someone between the ages of 16 and 18 will have their license restricted if they have two or more negligent operator points within a 12 month period, those 18 or older will only have those restrictions in place if they get the two points in a six month period. Those restrictions include only being able to drive with someone 25 or older, or a parent, guardian or spouse. Finally, if the individual is 18 or older and are an active duty member of the Armed Forces, they will not have to have a PDL.
Finally, to protect consumers, this bill also provides that driving schools must offer and accept payments in installments through the duration of instruction for up to 12 months. It also prohibits interest charges, processing or administrative fees for accepting the compensation in installments.
According to the California Coalition for Children’s Safety and Health, a co-sponsor of this bill, “Young novice drivers through age 20 years old have the highest crash rates of all ages of drivers on California’s roadways. California’s Department of Motor Vehicles reports 16-19-year-old crash rate is 2.7 times higher than all other ages. Between 2014 and 2019 16-19-year-old involved vehicle crashes resulted in more than 76,000 emergency room visits, 5,000 hospitalizations, and 3,000 deaths (National Highway Traffic Safety Administration, Centers for Disease Control and Prevention, and California Department of Public Health EPICenter data). California’s Graduated Driver License (GDL) program ensures young first-time drivers have the experience they need to decrease driving risks and risks to everyone else sharing the road with them. Currently only 16 and 17-year-old novice drivers must go through our state’s GDL program to obtain a driver’s license, even though 18-20-year-old novice drivers have crash rates 40% to 60% higher than younger first-time drivers who have been through GDL. The California Department of Motor Vehicles reports that a growing number of California’s teenagers are waiting until they are 18, 19 and 20 years old before obtaining their first driver’s license, and therefore do not benefit from California’s successful GDL program. Survey research shows the primary reason for delaying obtaining a driver’s license is due to economics. It is expensive to own gas, insure, park, and maintain a car.
The GDL program allows all novice drivers to have a license and drive, but provides them with the types of driver education, training and experience driving without distractions that are proven to give them the experience they need to be a good driver.”
Committee concerns: This bill may increase cost pressures on DMV. According to the Legislative Analyst Office (LAO), The Motor Vehicle Account (MVA), the primary funding source for DMV, is expected to fully exhaust its reserves and become insolvent in 2025-26. The LAO recommends the Legislature should consider MVA cost pressures when evaluating new proposals. LAO argues that “Until a plan is put in place to address MVA’s structural deficit, we recommend the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.”
SB 473 (Allen) of 2023, AB 2388 (Villapudua) of 2022, AB 1267 (Rivas) of 2019, AB 3067 (Medina) of 2020, and SB 571 (Newman) of 2021 were substantially similar to this bill. AB 2388 and AB 1267 were all held on suspense, AB 3067 died in Assembly Transportation Committee, and SB 571 died in Senate Transportation Committee.
AB 63 (Frazier) of 2017 would have raised the age at which a person must obtain a PDL from 18 to 21. AB 63 was vetoed by the Governor.
SB 1223 (Huff) of 2016 would have raised the age at which a person must obtain a PDL from 18 to 21. SB 1223 was held on the Senate Appropriations Committee Suspense File.
AB 235 (Frazier) of 2015 would have extended the driving restrictions on a PDL from the just the first 12 months of licensure to the entire duration of the PDL. AB 235 passed out of this committee with a vote of 14-0, but was held on the Senate Appropriations Committee Suspense File.
AB 1801 (Frazier) of 2014 was identical to AB 235 and passed out of this committee with a vote of 14-1, but was held on the Assembly Appropriations Committee Suspense File.
AB 1113 (Frazier) of 2013 would have required a person to hold a learner’s permit for 9 months before applying for a PDL and extended and expanded the driving restrictions on a PDL to the entire duration of the PDL. AB 1113 was vetoed by Governor Brown. In his veto message, the Governor directed DMV, CHP, and OTS to implement a teen driver training and education program to improve transportation safety for provisional drivers.
AB 724 (Cooley) of 2013 would have raised the age at which a person must obtain a PDL from 18 to 20. AB 724 passed out of this committee with a vote of 10-4, but was held in the Assembly Appropriations Committee Suspense File.
SB 1329 (Leslie) Chapter 760, Statutes of 1997, the Brady-Jared Teen Driver Safety Act of 1997, created California’s PDL program in its current form.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association for Safety Education
California Coalition for Children's Safety and Health
Impact Teen Drivers
National Safety Council
Nora Rose Hines Foundation
Peace Officers Research Association of California (PORAC)
Personal Insurance Federaton of California
Safe Moves
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):