California Assembly Bill AB1952 Amended / Bill

 BILL NUMBER: AB 1952AMENDED BILL TEXT AMENDED IN SENATE JUNE 22, 2010 INTRODUCED BY Assembly Members Niello and John A. Perez FEBRUARY 17, 2010 An act to amend Section 12509 of  , and to add Section 12509.5 to,  the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1952, as amended, Niello. Vehicles: instruction permit: motorcycle. Existing law prohibits a person from driving a  two-wheel  motorcycle, motor-driven cycle,  or   motorized scooter,  motorized bicycle  moped, or bicycle with an attached motor  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   who has  a valid instruction permit  to drive a motor vehicle  and  successful completion of   who has successfully completed  automobile driver education and driver training, and a person who is 17 years and 6 months or older  , with   who has  a valid instruction permit  to drive a motor vehicle  , to operate a  two-   wheeled  motorcycle  , motor-   driven cycle  , motorized scooter,  or motorized bicycle,  moped, or bicycle with an attached motor,  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  to drive a motorcycle  , 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  , or obtaining an M1 or M2 license to operate,  a  two-   wheel  motorcycle,  motor-  driven cycle,  motorized scooter,  or a  motorized bicycle  , moped, or bicycle with a motor attached  unless he or she has  obtained and held for 6 months  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   pursuant to procedures established under the bill  . 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.   This act shall be known as Jared's Law.   SECTION 1.   SEC. 2.  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 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. 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, 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)   (e)  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)   (f)  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)   (g)  The department may further restrict permits issued under subdivision (a) as it may determine to be appropriate to  assure   ensure  the safe operation of a motor vehicle by the permittee.  SEC. 3.   Section 12509.5 is added to the   Vehicle Code   , to read:   12509.5. (a) A person who is under 21 years of age shall obtain and have held for six months an instruction permit issued pursuant to this section prior to operating, or applying for a class M1 or M2 driver's license to operate, a two-wheel motorcycle, motor-driven cycle, motorized scooter, 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 or older, but under the age of 18, 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) Complete a motorcycle safety course administered by the Department of the California Highway Patrol. (C) Take a written exam. (2) If 18 years of age or older, the applicant shall meet both of the following requirements: (A) Complete a motorcycle safety course administered by the Department of the California Highway Patrol. (B) Take a written exam. (b) A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle, motor-driven cycle, motorized scooter, 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. (c) An instruction permit issued pursuant to this section shall be valid for 24 months.   SEC. 2.   SEC. 4.  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.