California Assembly Bill AB1952 Introduced / Bill

 BILL NUMBER: AB 1952INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Niello and John A. Perez FEBRUARY 17, 2010 An act to amend Section 12509 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1952, as introduced, Niello. Vehicles: instruction permit: motorcycle. Existing law prohibits a person from driving a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person holds a valid driver's license or endorsement for that class, with certain exceptions. Existing law allows a person, who is 15 years and 6 months or older, with a valid instruction permit and successful completion of automobile driver education and driver training, and a person who is 17 years and 6 months or older, with a valid instruction permit, to operate a motorcycle, motorized scooter, or motorized bicycle, with certain exceptions during hours of darkness, on freeways, and for carrying a passenger. Existing law provides that a person under 21 years of age may not be issued a class M1 or M2 license or endorsement, unless he or she provides evidence satisfactory to the Department of Motor Vehicles of completion of a specified motorcycle safety training program. The bill would instead prohibit any person under 21 years of age from operating a motorcycle, motorized scooter, or a motorized bicycle unless he or she has a valid instruction permit and has successfully completed approved courses in automobile driver education and driver training, or has a valid driver's license, and has successfully completed a specified motorcycle safety training program and obtained an M1 or M2 license or endorsement. Because, under existing law, a violation of the Vehicle Code is a crime, this bill would impose a state-mandated local program by creating new crimes. 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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  any   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 age 15 years and 6 months 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 age 15 years and 6 months 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 age 15 years and 6 months 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 the age of 16 years and is applying for a restricted driver's license pursuant to Section 12814.7. (5) Is over the age of 17 years and 6 months. (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 his or her immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, 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, 18 years of age or over whose driving privilege is not on probation.  Except as provided in subdivision (e), an   An  accompanying licensed driver at all times shall occupy a position within the driver's 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 his or her immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), who is age 15 years and 6 months or older and who has successfully completed approved courses in automobile education and driver training as provided in paragraph (3) of subdivision (a) of Section 12814.6, and a person, while having in his or her immediate possession a valid permit issued pursuant to subdivision (a), who is age 17 years and 6 months or older, may, in addition to operating a motor vehicle pursuant to subdivision (d), also operate a motorcycle, motorized scooter, or a motorized bicycle, except that the person shall not operate a motorcycle, motorized scooter, or a motorized bicycle during hours of darkness, shall stay off any freeways that have full control of access and no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 of this code or a qualified instructor as defined in Section 41907 of the Education Code.   (e) A person, under 21 years of age shall not operate a motorcycle, motorized scooter, or a motorized bicycle unless he or she has a valid permit issued pursuant to subdivision (a) 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, or has a valid driver's license, and has successfully completed a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2 and obtained an M1 or M2 license or endorsement pursuant to Section 12804.9.  (f) A person, while having in his or her 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 a driver training instruction administered by the California National Guard. (g) The department may also issue an instruction permit to a person who has been issued a valid driver's license to authorize the person to obtain driver training instruction and to practice that instruction in order to obtain another class of driver's license or an endorsement. (h) The department may further restrict permits issued under subdivision (a) as it may determine to be appropriate to assure the safe operation of a motor vehicle by the permittee. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.