LICENSE FOR MINORS
(a) Notwithstanding any other
provision of law, any driver's license issued to a person
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, subject to Section 12509 only if that
person is accompanied by, and under the immediate supervision
of, a driver who is 25 years of age or older, who holds
a driver's license issued under this code, and 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 permit holder or is a licensed
or certified driving instructor.
(2) Before retaking a test, the person shall wait
not less than one week after failure of the written test
and for not less than two weeks after failure of the driving
(3) The person shall hold an instruction permit for
not less than six months prior to applying for a provisional
(4) The person shall successfully complete an examination
required by the department and shall have complied with
one of the following:
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 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 dept.,
which standards shall be at least equal to the requirements
for driver education and training contained in the rules
and regulations adopted by the State Board of Education
pursuant to provisions of 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 school.
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, or 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.
(6) The driving privilege shall be suspended when
the record of the person shows one or more notifications
issued pursuant to Section 40509 or Section 40509.5. The
suspension shall continue until any notification issued
pursuant to Section 40509 or 40509.5 has been cleared.
(7) 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 licensed or other licensed driver 25 years of age or
older, except when operating a class M vehicle, if so licensed,
with no passengers aboard.
(8) The provisional driver's license shall be subject
to all of the following restrictions:
EXCEPT as specified in subparagraph (C), during the first
six months after issuance of a provisional license the
licensee shall not do any of the following unless accompanied
and supervised by a licensed driver who is the licensee's
parent, guardian, a licensed driver who is 25 years of
age or older, or a licensed or certified driving instructor:
(i) Drive between the hours of 12:00a.m.(midnight)
(ii)Transport passengers who are under 20 years
During the second six months after issuance of a provisional
license the licensee may transport passengers under the
age of 20 years between the hours of 5:00 a.m. and 12:00a.m.
without supervision. This driving time restriction shall
not modify or alter any local ordinance that restricts
or prohibits cruising during specified proscribed hours.
However, the restriction imposed under clause (i) of subparagraph
(A) shall continue to apply during this period.
(C) A licensee may drive between the hours of 12:00
a.m. and 5:00a.m. or transport an "immediate family
member" without being accompanied and supervised
by a licensed driver which 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;
(l) Medical Necessity of the licensee when reasonable
transportation facilities are in adequate and the 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 the probable date when sufficient recovery
will have been made to terminate the necessity.
(ll) Schooling or school-authorized activities
of the licensee when reasonable transportation facilities
are inadequate and the 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.
(lll) Employment necessity of the licensee when
reasonable transportation facilities are inadequate
and the 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.
(lV) Necessity of the licensee or the licensee's
immediate family member when reasonable transportation
facilities are inadequate and the operation of the 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 the parent or legal guardian verifying the reason
and containing a probable date the necessity will have
(V) The licensee is an emancipated minor
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:
The person shall violate no law which, if resulting in
conviction, is reportable to the department under Section
(B) The person shall remain free from accident
Any term of restrictions or suspension of the driving
privilege imposed on a person under this section shall
remain in effect until the end of the term even though
the person becomes 18 years of age before the term ends.
(c) Whenever action by the department under subdivision
(a) 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
(d) The department shall require any person whose
driving privilege is suspended or revoked pursuant to
this section 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
(e) Notwithstanding any other provision of this
code,the department may issue a distinctive driver's
license, which displays a distinctive color or a distinctively
colored stripe or other distinguishing characteristic,
to persons 16 years of age and older but under 18 years
of age, and to persons 18 years of age or 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 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. If changes in the format or appearance
of drivers' licenses are adopted pursuant to this subdivision,
those changes may be implemented under any new contract
for the production of drivers licenses entered into
after the adoption of those changes.
(f) 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 subparagraph (A) or (B) of paragraph (8) of subdivision
(g) (1) Upon a finding that any licensee has
violated clause (i)or(ii) of subparagraph (A) of paragraph
(8) of subdivision (a), the court shall impose one of
(A) Not less than eight hour nor more than 16
hours of community service for a first offense and not
less than 16 hours nor more than 25 hours of community
service for a second or subsequent offense.
(B) A fine of not more than thirty-five dollars($35.00)
for a first offense and a fine of not more than fifty
dollars ($50.00) 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 ($35.00)
for a first offense and not more than fifty dollars
($50.00) for a second or subsequent offense.
(h) 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.
(i) This section shall be known and cited as
the BRADY-JARED Teen Driver Safety Act of 1977.
(j) This section becomes operative on July 1,1998