California Assembly Bill AB959 Latest Draft

 BILL NUMBER: AB 959AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 1, 2009 INTRODUCED BY Assembly Member Garrick FEBRUARY 26, 2009  An act to amend Section 12509 of the Vehicle Code, relating to   An act to amend Sections 51220.6 and 51226.6 of the Education Code, and to amend Sections 12509, 12514, 12660, 12810, 12814.6, and 12814.7 of the Vehicle Code, relating to  vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 959, as amended, Garrick. Vehicles: instruction  permits.   permits: provisional licenses.   Existing   (1)     Existing  law authorizes the Department of Motor Vehicles, for good cause, to issue an instruction permit to a physically and mentally qualified person who is at least 15 years and 6 months of age and who has, among other qualifications, successfully completed an approved course in automobile driver education.  Existing law requires a person, prior to the issuance of an instruction permit, to have complied with one of 3 alternative programs of driver education and training.   This bill would reduce the number of programs to 2 and would revise the requirements of those programs. The bill would also require that the instruction permit not be issued until that person is enrolled in an approved driver training course and completes the first 2 hours of behind-the-wheel instruction. The instruction permit would not be valid until the permit is signed by the instructor.  This bill would  also  require that a person be prohibited from commencing an approved course in automobile driver education prior to attaining 15 years of age.  (2) Existing law authorizes a person, with immediate possession of a valid permit, to operate a motor vehicle, when accompanied by, and under the immediate supervision of, a California licensed driver with a valid license who is 18 years of age or older, with exceptions.   This bill would change the minimum age of the California licensed driver required to accompany and supervise a person with immediate possession of a valid permit in the operation of a motor vehicle, to 25 years of age.   (3) Existing law authorizes the issuance of a provisional driver's license to a person at least 16 years of age, but under 18 years of age.   Existing law requires a person, prior to the issuance of a provisional license, to complete 50 hours of supervised driving practice and, upon application for the provisional license, submit a 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 driving test.   This bill would additionally require the parent, spouse, or guardian to complete a debriefing with the driving instructor. The bill would require that before obtaining a provisional license the person successfully complete an approved course of driver training conducted by a California secondary school, licensed driving school, or equivalent instruction in a secondary school of another state or a driving school licensed by another state, or completes an approved integrated driver education and training program.   (4)     This bill would make   conforming changes.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares all of the following:   (a) At the recommendation of the National Transportation Safety Board, in October 2006, the National Highway Traffic Safety Administration (NHTSA) initiated the National Driver Education Standards Project (Project) to develop novice driver education and training standards to assist driver education and training professionals to teach novice drivers the skills and transfer the knowledge necessary to perform as safe and competent drivers, thereby contributing to the reduction of crashes, fatalities, and injuries.   (b) The Project's research reviewed and compared driver education and training-related documents from NHTSA, the American Automobile Association Foundation for Traffic Safety, the American Driver and Traffic Safety Education Association, and the Driving School Association of the Americas.   (c) The Project recommends that standards be established for five topic areas:   (1) Program administration.   (2) Education and training.   (3) Instructor qualifications.   (4) Parent or guardian involvement.   (5) Coordination with driver licensing.   (d) In February 2009, the NHTSA convened 58 driver education and training specialists in Phoenix, Arizona to finalize the Project's working document to establish new standards criteria for training novice drivers. The Project recommends that each state should have a single agency that is informed by an advisory board of stakeholders and charged with overseeing all novice driver education and training programs. That agency should have authority and responsibility for the implementation, monitoring, and enforcement of those standards.   SEC. 2.   Section 51220.6 of the   Education Code   is amended to read:  51220.6. (a) Notwithstanding any other  provision of  law, a private school is not required to offer courses in driver education or driver training. (b) This section shall not be construed to require a private school to offer automobile driver education that meets the requirements of this chapter unless the private school requests the Department of Motor Vehicles to issue a certificate of satisfactory completion form. (c) For purposes of subdivision (j) of Section 51220, Section 51220.1, and subparagraph (A) of paragraph  (3)   (2)  of subdivision (a) of Section 12814.6 of the Vehicle Code, the satisfactory completion by a pupil of an Internet-based, correspondence, or other distance-learning course in automobile driver education offered by a private secondary school satisfies the driver education instructional requirements of those provisions and the Department of Motor Vehicles shall issue certificates of satisfactory completion forms if all of the following conditions are met: (1) The private secondary school has a current affidavit or statement on file in compliance with Section 33190. (2) The private secondary school utilizes the Department of Motor Vehicles' driver education curriculum developed under subdivision (f) of former Section 12814.8 of the Vehicle Code for providing the automobile driver education course, or the private school certifies to the Department of Motor Vehicles that the curriculum used is educationally equivalent to the Department of Motor Vehicles' curriculum. (3) All certificates issued to a private school by the Department of Motor Vehicles shall remain under the exclusive control of that school. A school shall only issue a certificate to a student who is enrolled in the private school, and has successfully completed a driver education course offered by that school. (4) All course curriculums contain the school name, school address, and telephone number. (5) Internet web pages or CD courses are reasonably secure and protected from unauthorized access, modifications, or extraction of confidential data. (6) Test questions for Internet and CD courses are secured and randomly extracted to safeguard from copying.  SEC. 3.   Section 51226.6 of the   Education Code   is amended to read:  51226.6. (a) The State Department of Education shall develop and adopt a model curriculum framework for driver education and training that incorporates the rules and regulations adopted by the State Board of Education relating to driver education pursuant to Sections 41905 and 51850, and that is directed to preparing student drivers for compliance with paragraph (4) of subdivision  (a)   (b)  of Section 12814.6 of the Vehicle Code. (b) The State Department of Education shall not be required to comply with the requirements of subdivision (a) unless federal funding is available to defray the cost of developing and adopting the model curriculum framework for driver training and education.  SECTION 1.   SEC. 4.  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   an approved course  in automobile driver education  and driver training as provided in paragraph (3) of subdivision (a) of   as provided in subparagraph (A) of paragraph (2) of subdivision (a) of Section 12814.6 and a driver training course as described in paragraph (3) of subdivision (b) of  Section 12814.6. However, the person shall not commence an approved course in automobile driver education prior to attaining 15 years of age. (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)   as provided in subparagraph (A) of paragraph (2) of subdivision (a) of Section 12814.6 and is taking a driver training course as described in paragraph (3) of subdivision (b)  of Section 12814.6. However, the person shall not commence an approved course in automobile driver education prior to attaining 15 years of age. (3) Is age 15 years and 6 months and enrolled and participating in an integrated driver education and training program as provided in subparagraph (B) of paragraph  (3)   (2)  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   25  years of age or over whose driving privilege is not on probation. Except as provided in subdivision (e), 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. (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. 5.   Section 12514 of the   Vehicle Code   is amended to read:  12514. (a) Junior permits issued pursuant to Section 12513 shall not be valid for a period exceeding that established on the original request as the approximate date the minor's operation of a vehicle will no longer be necessary. In any event, no permit shall be valid on or after the 18th birthday of the applicant. (b) The department may revoke  any   a  permit when to do so is necessary for the welfare of the minor or in the interests of safety. (c) If conditions or location of residence,  which   that  required the minor's operation of a vehicle, change prior to expiration of the permit, the department may cancel the permit. (d) Upon a determination that the permittee has operated a vehicle in violation of restrictions, the department shall revoke the permit. (e) A junior permit is a form of driver's license that shall include all information required by subdivision (a) of Section 12811 except for an engraved picture or photograph of the permittee, and is subject to all provisions of this code applying to driver's licenses, except as otherwise provided in this section and Section 12513. (f) An instruction permit valid for a period of not more than six months may be issued after eligibility has been established under Section 12513. (g) The department shall cancel  any   a  permit six months from the date of issuance unless the permittee has complied with one of the conditions prescribed by paragraph  (3)   (2)  of subdivision (a) of Section 12814.6.  SEC. 6.   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   an  applicant 15 years of age or older, subject to the conditions specified in subdivision (d). (b) The department may charge  any   a  driving school participating in the program a fee not to exceed two dollars ($2) per applicant to recover the department's cost in establishing and monitoring the program. The fee that a participating school may charge an applicant for a student license may 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 or guardian, or person having custody of the minor, consenting to the issuance of a student license to the applicant. (2) No licensed driving school may issue a student license to  any     an  applicant under the age of 17 years and 6 months unless that applicant shows proof of satisfactory completion of an approved course in driver education, pursuant to standards specified in paragraph  (4)   (2)  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.  SEC. 7.   Section 12810 of the   Vehicle Code   is amended to read:  12810. In determining the violation point count, the following shall apply: (a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points. (b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points. (c) A conviction of reckless driving shall be given a value of two points. (d) (1) A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points. (2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points. (e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points. (f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point. (g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point. (h) A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point. (i) (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle. (2) A conviction of a violation of paragraph (1) or (2) of subdivision  (b)   (c)  of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count. (3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count. (4) A violation of Section 23136 shall not result in a violation point count. (5) A violation of Section 38301.3 shall not result in a violation point count. (j) A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.  SEC. 8.   Section 12814.6 of the   Vehicle Code   is amended to read:  12814.6. (a) Except as provided in Section 12814.7, a driver's license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: (1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3)  of subdivision (b)  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 driver's 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 six hours of behind-the-wheel training.   (C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any 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 shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school.   (D) Except as provided under subparagraph (B), a student may not take driver training instruction, unless he or she has successfully completed driver education.   (4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department's driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.   (5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.   (2) A permit shall be issued to a person who is at least 15 years and six months but less than 17 years and six months if the person has complied with either of the following:   (A) Satisfactory completion of a course in automobile driver education approved by the department conducted by a California secondary school or driving school licensed pursuant to Section 11100 or equivalent instruction in a secondary school of another state or a driving school licensed by another state.   (B) Enrollment and participation in an integrated driver education and training program that is approved by the department. 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.   (3) A person shall not commence an approved course of automobile driver education prior to attaining 15 years of age.   (4) The person shall successfully complete an examination on laws related to driving and safe driver practices required by the department. Before retaking a test, the person shall wait for not less than two weeks after failure of the test.   (5) A permit shall not be issued by the department until the student is enrolled in a driver training course as described in paragraph (3) of subdivision (b) and has completed the first two hours of behind-the-wheel instruction provided in that course by the licensed driving school or secondary school. In order to be valid, a permit shall be signed by the licensed driving school instructor or the secondary school instructor.   (6) A person who has completed a course in automobile driver education or driver training pursuant to subparagraph (A) of paragraph (2) or paragraph (3) of subdivision (b) from a driving school licensed pursuant to Section 11100 shall not be required by the governing board of a school district to retake automobile driver education or driver training in order to graduate from high school.   (b) To be granted a provisional license the person shall meet all of the following requirements:   (1) Be at least 16 years of age.   (2) Hold an instruction permit for not less than six months prior to applying for a provisional driver's license.   (3) Have successfully completed a course of driver training approved by the department conducted by a California secondary school or driving school licensed pursuant to Section 11100 or equivalent instruction in a secondary school of another state or a driving school licensed by another state or completed an integrated driver education and training program that is approved by the department. A student may not take driver training instruction until he or she has successfully completed automobile driver education unless the person is participating in an integrated driver education and training program.   (4) Complete 50 hours of supervised driving practice prior to the issuance of a provisional license, that 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. The parent, spouse, or guardian shall complete a debriefing with the driving instructor to inform the parent or guardian of the student's progress and driving proficiency deficits. 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 department's driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice.  (5) Successfully complete a driving test as required by the department. Before retaking the test, the person shall wait for not less than one month after failure of the driving test.  (b)   (c)  Except as provided in Section 12814.7, the provisional driver's 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 licensee's 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 licensee's parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: (A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. (B) Schooling or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling or school-authorized activity will have been completed. (C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary. The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. (D) Necessity of the licensee or the licensee's immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a minor is necessary to transport the licensee or the licensee's immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. (E) The licensee is an emancipated minor.  (c)   (d)  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)   (c)  .  (d)   (e)  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)   (c)  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)   (f)  (1) Upon a finding that  any  a  licensee has violated paragraph (1) of subdivision  (b)   (c)  , the court shall impose one of the following: (A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. (B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. (2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. (3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.  (f)   (g)  A conviction of paragraph (1) of subdivision  (b)   (c)  , 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)   (h)  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 Section 40509 or 40509.5. The suspension shall continue until  any   a  notification issued pursuant to Section 40509 or 40509.5 has been cleared. (2) A 30-day restriction shall be imposed when a driver's record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. (3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee's 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   a  law  which   that  , if resulting in conviction, is reportable to the department under Section 1803. (B) The person shall remain free from accident responsibility.  (h)   (i)  Whenever action by the department under subdivision  (g)   (h)  arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3.  (i)   (j)  The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision  (g)   (h)  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)   (k)  (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver's 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 driver's 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 driver's licenses are adopted pursuant to this subdivision, those changes may be implemented under  any   a  new contract for the production of driver's licenses entered into after the adoption of those changes.  (k)   (l)  The department shall include, on the face of the provisional driver's license, the original issuance date of the provisional driver's license in addition to any other issuance date.  (l)   (m)  This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.  SEC. 9.   Section 12814.7 of the   Vehicle Code   is amended to read:  12814.7. (a) Notwithstanding the provisional licensing requirements of subdivisions (a) to  (e)   (f)  , inclusive, of Section 12814.6, the department shall issue to a person who is at least 16 years of age, but under 18 years of age, a restricted class C driver's license valid for the operation of United States Army and California National Guard vehicles during the course and scope of their duties with the California National Guard if the following conditions are met: (1) Upon application, the person provides the department with the executed enlistment contract for the applicant. (2) The person qualifies for and is issued an instruction permit pursuant to Section 12509. (3) Prior to the issuance of the class C license, the applicant provides proof satisfactory to the department of successful completion of a driver education and training course administered by the California National Guard. (b) A driver's license issued pursuant to this section shall be subject to both of the following: (1) Subdivisions  (f)   (g)  to  (k)   (l)  , inclusive, of Section 12814.6. (2) Pull-notice and periodic reports issued pursuant to Section 1808.1. (c) The licensee shall comply with all other licensing requirements of this code, including, but not limited to, the requirements of Section 12804.9.