Assembly BillNo. 235

3

12814.6.  

(a) Except as provided in Section 12814.7, a driver’s
4license issued to a person at least 16 years of age but under 18
5years of age shall be issued pursuant to the provisional licensing
6program contained in this section. The program shall consist of
7all of the following components:

8(1) Upon application for an original license, the applicant shall
9be issued an instruction permit pursuant to Section 12509. A person
10who has in his or her immediate possession a valid permit issued
11pursuant to Section 12509 may operate a motor vehicle, other than
12a motorcycle or motorized bicycle, only when the person is either
13taking the driver training instruction referred to in paragraph (3)
14or practicing that instruction, provided the person is accompanied
15by, and is under the immediate supervision of, a California licensed
16driver 25 years of age or older whose driving privilege is not on
17probation. The age requirement of this paragraph does not apply
18if the licensed driver is the parent, spouse, or guardian of the
19permitholder or is a licensed or certified driving instructor.

20(2) The person shall hold an instruction permit for not less than
21six months prior to applying for a provisional driver’s license.

22(3) The person shall have complied with one of the following:

23(A) Satisfactory completion of approved courses in automobile
24driver education and driver training maintained pursuant to
25provisions of the Education Code inbegin delete anyend deletebegin insert aend insert secondary school of
26California, or equivalent instruction in a secondary school of
27another state.

28(B) Satisfactory completion of an integrated driver education
29and training program that is approved by the department and
30conducted by a driving instructor licensed under Chapter 1
31(commencing with Section 11100) of Division 5. The program
32shall utilize segmented modules, whereby a portion of the
33educational instruction is provided by, and then reinforced through,
34specific behind-the-wheel training before moving to the next phase
35of driver education and training. The program shall contain a
36minimum of 30 hours of classroom instruction and six hours of
37behind-the-wheel training.

P3    1(C) Satisfactory completion of six hours or more of
2behind-the-wheel instruction by a driving school or an independent
3driving instructor licensed under Chapter 1 (commencing with
4Section 11100) of Division 5 and either an accredited course in
5automobile driver education inbegin delete anyend deletebegin insert aend insert secondary school of
6California pursuant to provisions of the Education Code or
7satisfactory completion of equivalent professional instruction
8acceptable to the department. To be acceptable to the department,
9the professional instruction shall meet minimum standards to be
10prescribed by the department, and the standards shall be at least
11equal to the requirements for driver education and driver training
12contained in the rules and regulations adopted by the State Board
13of Education pursuant to the Education Code. A person who has
14complied with thisbegin delete subdivisionend deletebegin insert subparagraphend insert shall not be required
15by the governing board of a school district to comply with
16subparagraph (A) in order to graduate from high school.

17(D) Except as provided under subparagraph (B), a student may
18not take driver training instruction, unless he or she has
19successfully completed driver education.

20(4) The person shall complete 50 hours of supervised driving
21practice prior to the issuance of a provisional license, which is in
22addition to any other driver training instruction required by law.
23Not less than 10 of the required practice hours shall include driving
24during darkness, as defined in Section 280. Upon application for
25a provisional license, the person shall submit to the department
26the certification of a parent, spouse, guardian, or licensed or
27certified driving instructor that the applicant has completed the
28required amount of driving practice and is prepared to take the
29department’s driving test. A person without a parent, spouse,
30guardian, or who is an emancipated minor, may have a licensed
31driver 25 years of age or older or a licensed or certified driving
32instructor complete the certification. This requirement does not
33apply to motorcycle practice.

34(5) The person shall successfully complete an examination
35required by the department. Before retaking a test, the person shall
36wait for not less than one week after failure of the written test and
37for not less than two weeks after failure of the driving test.

38(b) Except as provided in Section 12814.7, the provisional
39driver’s license shall be subject to all of the following restrictions:

P4    1(1) Except as specified in paragraph (2),begin delete during the first 12
2months after issuance of a provisional licenseend delete the licensee may
3not do any of the following unless accompanied and supervised
4by a licensed driver who is the licensee’s parent or guardian, a
5licensed driver who is 25 years of age or older, or a licensed or
6certified driving instructor:

7(A) Drive between the hours of 11 p.m. and 5 a.m.

8(B) Transport passengers who are under 20 years of age.

9(2) A licensee may drive between the hours of 11 p.m. and 5
10a.m. or transport an immediate family member without being
11accompanied and supervised by a licensed driver who is the
12licensee’s parent or guardian, a licensed driver who is 25 years of
13age or older, or a licensed or certified driving instructor, in the
14following circumstances:

15(A) Medical necessity of the licensee when reasonable
16transportation facilities are inadequate and operation of a vehicle
17by a minor is necessary. The licensee shall keep in his or her
18possession a signed statement from a physician familiar with the
19condition, containing a diagnosis and probable date when sufficient
20recovery will have been made to terminate the necessity.

21(B) Schooling or school-authorized activities of the licensee
22when reasonable transportation facilities are inadequate and
23operation of a vehicle by a minor is necessary. The licensee shall
24keep in his or her possession a signed statement from the school
25principal, dean, or school staff member designated by the principal
26or dean, containing a probable date that the schooling or
27school-authorized activity will have been completed.

28(C) Employment necessity of the licensee when reasonable
29transportation facilities are inadequate and operation of a vehicle
30by a minor is necessary. The licensee shall keep in his or her
31possession a signed statement from the employer, verifying
32employment and containing a probable date that the employment
33will have been completed.

34(D) Necessity of the licensee or the licensee’s immediate family
35member when reasonable transportation facilities are inadequate
36and operation of a vehicle by a minor is necessary to transport the
37licensee or the licensee’s immediate family member. The licensee
38shall keep in his or her possession a signed statement from a parent
39or legal guardian verifying the reason and containing a probable
40date that the necessity will have ceased.

P5    1(E) The licensee is an emancipated minor.

2(c) A law enforcement officer shall not stop a vehicle for the
3sole purpose of determining whether the driver is in violation of
4the restrictions imposed under subdivision (b).

5(d) A law enforcement officer shall not stop a vehicle for the
6sole purpose of determining whether a driver who is subject to the
7license restrictions in subdivision (b) is in violation of Article 2.5
8(commencing with Section 118947) of Chapter 4 of Part 15 of
9Division 104 of the Health and Safety Code.

10(e) (1) Upon a finding thatbegin delete anyend deletebegin insert aend insert licensee has violated paragraph
11(1) of subdivision (b), the court shall impose one of the following:

12(A) Not less than eight hours nor more than 16 hours of
13community service for a first offense and not less than 16 hours
14nor more than 24 hours of community service for a second or
15subsequent offense.

16(B) A fine of not more than thirty-five dollars ($35) for a first
17offense and a fine of not more than fifty dollars ($50) for a second
18or subsequent offense.

19(2) If the court orders community service, the court shall retain
20jurisdiction until the hours of community service have been
21completed.

22(3) If the hours of community service have not been completed
23within 90 days, the court shall impose a fine of not more than
24thirty-five dollars ($35) for a first offense and not more than fifty
25dollars ($50) for a second or subsequent offense.

26(f) A conviction of paragraph (1) of subdivision (b), when
27reported to the department, may not be disclosed as otherwise
28specified in Section 1808 or constitute a violation point count value
29pursuant to Section 12810.

30(g) begin deleteAny end deletebegin insertA end insertterm of restriction or suspension of the driving
31privilege imposed on a person pursuant to this subdivision shall
32remain in effect until the end of the term even though the person
33becomes 18 years of age before the term ends.

34(1) The driving privilege shall be suspendedbegin delete whenend deletebegin insert ifend insert the record
35of the person shows one or more notifications issued pursuant to
36Section 40509 or 40509.5. The suspension shall continue untilbegin delete anyend delete
37begin insert aend insert notification issued pursuant to Section 40509 or 40509.5 has
38been cleared.

39(2) A 30-day restriction shall be imposedbegin delete whenend deletebegin insert ifend insert a driver’s
40record shows a violation point count of two or more points in 12
P6    1months, as determined in accordance with Section 12810. The
2restriction shall require the licensee to be accompanied by a
3licensed parent, spouse, guardian, or other licensed driver 25 years
4of age or older, except when operating a class M vehicle, or so
5licensed, with no passengers aboard.

6(3) A six-month suspension of the driving privilege and a
7one-year term of probation shall be imposedbegin delete wheneverend deletebegin insert ifend insert a
8licensee’s record shows a violation point count of three or more
9points in 12 months, as determined in accordance with Section
1012810. The terms and conditions of probation shall include, but
11not be limited to, both of the following:

12(A) The person shall violate no law which, if resulting in
13conviction, is reportable to the department under Section 1803.

14(B) The person shall remain free from accident responsibility.

15(h) Whenever action by the department under subdivision (g)
16arises as a result of a motor vehicle accident, the person may, in
17writing and within 10 days, demand a hearing to present evidence
18that he or she was not responsible for the accident upon which the
19action is based. Whenever action by the department is based upon
20a conviction reportable to the department under Section 1803, the
21person has no right to a hearing pursuant to Article 3 (commencing
22with Section 14100) of Chapter 3.

23(i) The department shall require a person whose driving privilege
24is suspended or revoked pursuant to subdivision (g) to submit proof
25of financial responsibility as defined in Section 16430. The proof
26of financial responsibility shall be filed on or before the date of
27reinstatement following the suspension or revocation. The proof
28of financial responsibility shall be maintained with the department
29for three years following the date of reinstatement.

30(j) (1) Notwithstanding any other provision of this code, the
31department may issue a distinctive driver’s license, that displays
32a distinctive color or a distinctively colored stripe or other
33distinguishing characteristic, to persons at least 16 years of age
34and older but under 18 years of age, and to persons 18 years of
35age and older but under 21 years of age, so that the distinctive
36license feature is immediately recognizable. The features shall
37clearly differentiate between driver’s licenses issued to persons at
38least 16 years of age or older but under 18 years of age and to
39persons 18 years of age or older but under 21 years of age.

P7    1(2) If changes in the format or appearance of driver’s licenses
2are adopted pursuant to this subdivision, those changes may be
3implemented underbegin delete anyend deletebegin insert aend insert new contract for the production of
4driver’s licenses entered into after the adoption of those changes.

5(k) The department shall include, on the face of the provisional
6driver’s license, the original issuance date of the provisional
7driver’s license in addition to any other issuance date.

8(l) This section shall be known and may be cited as the
9Brady-Jared Teen Driver Safety Act of 1997.