12814.6. (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 test.
(3) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver's license.
(4) The person shall successfully complete an examination required by the department and 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 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.

(5) 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:

(A) 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) and 5:00a.m.
(ii)Transport passengers who are under 20 years of age.

(B) 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 ceased.
(V) The licensee is an emancipated minor

(9) 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 violate no law which, if resulting in conviction, is reportable to the department under Section 1803.
(B) The person shall remain free from accident responsibility.

(b) 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 3.
(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 of reinstatement.
(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 (a).
(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 the following;
(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