California 2017 2017-2018 Regular Session

California Assembly Bill AB301 Amended / Bill

Filed 03/21/2017

                    Amended IN  Assembly  March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 301Introduced by Assembly Members Rodriguez and PattersonFebruary 06, 2017 An act to amend Section 12804.9 of add Section 12804.16 to the Vehicle Code, relating to drivers drivers licenses. LEGISLATIVE COUNSEL'S DIGESTAB 301, as amended, Rodriguez. Drivers license: examination requirements: certificate of driving skill.Under existing law, an applicant for a drivers license is required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires to drive. The examination includes, among other things, a test of the applicants knowledge and understanding of the law governing the operation of vehicles upon the highways, and, with specified exceptions, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. Under existing law, the department is authorized Existing law prohibits a person from operating a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial drivers license of the appropriate class, and requires an applicant to pass a written and driving test for the operation of a commercial motor vehicle that complies with specified minimum federal standards and meets other prescribed requirements. Existing law authorizes the Department of Motor Vehicles to allow a 3rd-party tester to administer the driving test part of the examination if certain conditions are met. Existing law specifically authorizes the department to accept a certificate of driving skill issued by an applicants employer that is authorized by the department to issue a certificate under a specified provision, those provisions, in lieu of a driving test, on class A or B applications, under certain circumstances. applications.This bill would make technical, nonsubstantive changes to those provisions.This bill would require the department, by July 1, 2018, to accept a certificate of driving skill issued by entities, including, but not limited to, a licensed truck driving school, an accredited public or private postsecondary institution, and a municipality, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The bill would require the department to adopt emergency regulations to implement the bills provisions, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12804.16 is added to the Vehicle Code, to read:12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.SECTION 1.Section 12804.9 of the Vehicle Code is amended to read:12804.9.(a)(1)The examination shall include all of the following:(A)A test of the applicants knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.(B)A test of the applicants ability to read and understand simple English used in highway traffic and directional signs.(C)A test of the applicants understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.(D)An actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for an applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through an acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicants ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.(E)A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicants mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.(2)(A)Before a class A or class B drivers license, or class C drivers license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, health care professional means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.(B)The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B drivers license, or class C drivers license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.(3)A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.(b)In accordance with the following classifications, an applicant for a drivers license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:(1)Class A includes the following:(A)Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.(B)A vehicle towing more than one vehicle.(C)A trailer bus.(D)The operation of all vehicles under class B and class C.(2)Class B includes the following:(A)Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.(B)A single vehicle with three or more axles, except a three-axle vehicle weighing less than 6,000 pounds.(C)A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.(D)A farm labor vehicle.(E)A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.(F)A house car over 40 feet in length, excluding safety devices and safety bumpers.(G)The operation of all vehicles covered under class C.(3)Class C includes the following:(A)A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.(B)Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.(C)A house car of 40 feet in length or less.(D)A three-axle vehicle weighing 6,000 pounds gross or less.(E)A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.(F)(i)A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.(ii)A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.(G)A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:(i)Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.(ii)Is used exclusively in the conduct of agricultural operations.(iii)Is not used in the capacity of a for-hire carrier or for compensation.(H)Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.(I)A motorized scooter.(J)A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.(4)Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.(5)(A)Class M2 includes the following:(i)A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.(ii)A motorized scooter.(B)Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that an endorsement is not required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.(c)A drivers license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold a driver certificate or a drivers license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.(d)A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a drivers license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.(e)The department may accept a certificate of driving skill issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(f)The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.(g)The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.(h)Notwithstanding subdivision (b), a person holding a valid California drivers license of any class may operate a short-term rental motorized bicycle without taking a special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, short-term means 48 hours or less.(i)A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.(j)A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.

 Amended IN  Assembly  March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 301Introduced by Assembly Members Rodriguez and PattersonFebruary 06, 2017 An act to amend Section 12804.9 of add Section 12804.16 to the Vehicle Code, relating to drivers drivers licenses. LEGISLATIVE COUNSEL'S DIGESTAB 301, as amended, Rodriguez. Drivers license: examination requirements: certificate of driving skill.Under existing law, an applicant for a drivers license is required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires to drive. The examination includes, among other things, a test of the applicants knowledge and understanding of the law governing the operation of vehicles upon the highways, and, with specified exceptions, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. Under existing law, the department is authorized Existing law prohibits a person from operating a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial drivers license of the appropriate class, and requires an applicant to pass a written and driving test for the operation of a commercial motor vehicle that complies with specified minimum federal standards and meets other prescribed requirements. Existing law authorizes the Department of Motor Vehicles to allow a 3rd-party tester to administer the driving test part of the examination if certain conditions are met. Existing law specifically authorizes the department to accept a certificate of driving skill issued by an applicants employer that is authorized by the department to issue a certificate under a specified provision, those provisions, in lieu of a driving test, on class A or B applications, under certain circumstances. applications.This bill would make technical, nonsubstantive changes to those provisions.This bill would require the department, by July 1, 2018, to accept a certificate of driving skill issued by entities, including, but not limited to, a licensed truck driving school, an accredited public or private postsecondary institution, and a municipality, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The bill would require the department to adopt emergency regulations to implement the bills provisions, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 21, 2017

Amended IN  Assembly  March 21, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 301

Introduced by Assembly Members Rodriguez and PattersonFebruary 06, 2017

Introduced by Assembly Members Rodriguez and Patterson
February 06, 2017

 An act to amend Section 12804.9 of add Section 12804.16 to the Vehicle Code, relating to drivers drivers licenses. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 301, as amended, Rodriguez. Drivers license: examination requirements: certificate of driving skill.

Under existing law, an applicant for a drivers license is required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires to drive. The examination includes, among other things, a test of the applicants knowledge and understanding of the law governing the operation of vehicles upon the highways, and, with specified exceptions, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. Under existing law, the department is authorized Existing law prohibits a person from operating a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial drivers license of the appropriate class, and requires an applicant to pass a written and driving test for the operation of a commercial motor vehicle that complies with specified minimum federal standards and meets other prescribed requirements. Existing law authorizes the Department of Motor Vehicles to allow a 3rd-party tester to administer the driving test part of the examination if certain conditions are met. Existing law specifically authorizes the department to accept a certificate of driving skill issued by an applicants employer that is authorized by the department to issue a certificate under a specified provision, those provisions, in lieu of a driving test, on class A or B applications, under certain circumstances. applications.This bill would make technical, nonsubstantive changes to those provisions.This bill would require the department, by July 1, 2018, to accept a certificate of driving skill issued by entities, including, but not limited to, a licensed truck driving school, an accredited public or private postsecondary institution, and a municipality, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The bill would require the department to adopt emergency regulations to implement the bills provisions, as specified.

Under existing law, an applicant for a drivers license is required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires to drive. The examination includes, among other things, a test of the applicants knowledge and understanding of the law governing the operation of vehicles upon the highways, and, with specified exceptions, an actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. Under existing law, the department is authorized Existing law prohibits a person from operating a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial drivers license of the appropriate class, and requires an applicant to pass a written and driving test for the operation of a commercial motor vehicle that complies with specified minimum federal standards and meets other prescribed requirements. Existing law authorizes the Department of Motor Vehicles to allow a 3rd-party tester to administer the driving test part of the examination if certain conditions are met. Existing law specifically authorizes the department to accept a certificate of driving skill issued by an applicants employer that is authorized by the department to issue a certificate under a specified provision, those provisions, in lieu of a driving test, on class A or B applications, under certain circumstances. applications.

This bill would make technical, nonsubstantive changes to those provisions.



This bill would require the department, by July 1, 2018, to accept a certificate of driving skill issued by entities, including, but not limited to, a licensed truck driving school, an accredited public or private postsecondary institution, and a municipality, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The bill would require the department to adopt emergency regulations to implement the bills provisions, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 12804.16 is added to the Vehicle Code, to read:12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.SECTION 1.Section 12804.9 of the Vehicle Code is amended to read:12804.9.(a)(1)The examination shall include all of the following:(A)A test of the applicants knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.(B)A test of the applicants ability to read and understand simple English used in highway traffic and directional signs.(C)A test of the applicants understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.(D)An actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for an applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through an acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicants ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.(E)A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicants mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.(2)(A)Before a class A or class B drivers license, or class C drivers license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, health care professional means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.(B)The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B drivers license, or class C drivers license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.(3)A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.(b)In accordance with the following classifications, an applicant for a drivers license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:(1)Class A includes the following:(A)Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.(B)A vehicle towing more than one vehicle.(C)A trailer bus.(D)The operation of all vehicles under class B and class C.(2)Class B includes the following:(A)Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.(B)A single vehicle with three or more axles, except a three-axle vehicle weighing less than 6,000 pounds.(C)A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.(D)A farm labor vehicle.(E)A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.(F)A house car over 40 feet in length, excluding safety devices and safety bumpers.(G)The operation of all vehicles covered under class C.(3)Class C includes the following:(A)A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.(B)Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.(C)A house car of 40 feet in length or less.(D)A three-axle vehicle weighing 6,000 pounds gross or less.(E)A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.(F)(i)A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.(ii)A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.(G)A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:(i)Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.(ii)Is used exclusively in the conduct of agricultural operations.(iii)Is not used in the capacity of a for-hire carrier or for compensation.(H)Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.(I)A motorized scooter.(J)A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.(4)Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.(5)(A)Class M2 includes the following:(i)A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.(ii)A motorized scooter.(B)Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that an endorsement is not required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.(c)A drivers license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold a driver certificate or a drivers license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.(d)A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a drivers license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.(e)The department may accept a certificate of driving skill issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(f)The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.(g)The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.(h)Notwithstanding subdivision (b), a person holding a valid California drivers license of any class may operate a short-term rental motorized bicycle without taking a special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, short-term means 48 hours or less.(i)A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.(j)A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 12804.16 is added to the Vehicle Code, to read:12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.

SECTION 1. Section 12804.16 is added to the Vehicle Code, to read:

### SECTION 1.

12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.

12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.

12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.(2) This subdivision applies to the following categories of institutions:(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.(B) An independent testing center.(C) A union.(D) A municipality.(E) An accredited public or private postsecondary institution.(F) Any similar entity approved by the department.(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.



12804.16. (a) (1) By July, 1, 2018, the department shall accept a certificate of driving skill issued by an entity listed in paragraph (2) that meets the requirements of subdivision (c) of Section 15250, of which an applicant is a member, student, client, or resident, as appropriate, in lieu of a driving test, on a class A or B application, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted to the department as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.

(2) This subdivision applies to the following categories of institutions:

(A) A commercial motor vehicle training institution licensed by the Bureau for Private Postsecondary Education.

(B) An independent testing center.

(C) A union.

(D) A municipality.

(E) An accredited public or private postsecondary institution.

(F) Any similar entity approved by the department.

(b) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.





(a)(1)The examination shall include all of the following:



(A)A test of the applicants knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.



(B)A test of the applicants ability to read and understand simple English used in highway traffic and directional signs.



(C)A test of the applicants understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.



(D)An actual demonstration of the applicants ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for an applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through an acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicants ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.



(E)A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicants mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.



(2)(A)Before a class A or class B drivers license, or class C drivers license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, health care professional means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety Administration.



(B)The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B drivers license, or class C drivers license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.



(3)A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.



(b)In accordance with the following classifications, an applicant for a drivers license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive:



(1)Class A includes the following:



(A)Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.



(B)A vehicle towing more than one vehicle.



(C)A trailer bus.



(D)The operation of all vehicles under class B and class C.



(2)Class B includes the following:



(A)Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds.



(B)A single vehicle with three or more axles, except a three-axle vehicle weighing less than 6,000 pounds.



(C)A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.



(D)A farm labor vehicle.



(E)A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.



(F)A house car over 40 feet in length, excluding safety devices and safety bumpers.



(G)The operation of all vehicles covered under class C.



(3)Class C includes the following:



(A)A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.



(B)Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.



(C)A house car of 40 feet in length or less.



(D)A three-axle vehicle weighing 6,000 pounds gross or less.



(E)A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.



(F)(i)A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.



(ii)A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.



The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.



(G)A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:



(i)Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.



(ii)Is used exclusively in the conduct of agricultural operations.



(iii)Is not used in the capacity of a for-hire carrier or for compensation.



(H)Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.



(I)A motorized scooter.



(J)A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.



(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.



(4)Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.



(5)(A)Class M2 includes the following:



(i)A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.



(ii)A motorized scooter.



(B)Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that an endorsement is not required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.



(c)A drivers license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold a driver certificate or a drivers license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.



(d)A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a drivers license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.



(e)The department may accept a certificate of driving skill issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicants skill in the operation of the types of equipment covered by the license for which he or she is applying.



(f)The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.



(g)The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.



(h)Notwithstanding subdivision (b), a person holding a valid California drivers license of any class may operate a short-term rental motorized bicycle without taking a special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, short-term means 48 hours or less.



(i)A person under the age of 21 years shall not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.



(j)A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.