The Driving School Association of California

Important:The DSAC Legislative Report would not be possible without the ongoing support of our member schools. If you find this report useful to you, please consider joining or renewing your membership!

Note: As of February 22, 2013, the deadline for introduction of bills in the 2013 Session of the Legislature, the Assembly introduced 1376 bills and the Senate introduced 813 bills, a total of 2189 bills.

SB 194, introduced in the Senate on February 7, 2013, expands the ban of teens under the age of 18 from using their smartphones behind the wheel, even with a hands-free device. SB 194 would broaden the state’s ban on talking or texting while driving for motorists under 18, prohibiting those drivers from using any “electronic wireless communications device, even if it is hands-free. The aim of SB 194 is to make sure drivers with provisional licenses do not use touch-screen or voice-command technologies that have been introduced in new car models and is currently authorized by enactment of AB 1536 passed by the Legislature last year that became law on January 1, 2013. The introduction of SB 194 is a direct result of the efforts of Dr. Richard Harkness, developer of teenSMART who has sounded the alarm of the dangers of the use of the new technologies authorized by AB 1536 not only for new drivers under the age of 18 but drivers of all ages which is the purpose of the introduction of AB 313 contained in this report. SB 194 is sponsored by the California Highway Patrol that estimates that half of all teens pulled over were texting or using other technology at the time of the violation.

On April 4, 2013, SB 194 passed the Senate Transportation & Housing Committee by a vote of 11 ayes, noes 0, and on April 22, 2013, the bill passed the Senate by a vote of 35 ayes, noes 3. Republican senators Anderson, Knight and Nielsen were the no votes. The Senate floor analysis of SB 194 states “The Driving School Association of California argues that the use of touch screen or voice-command technologies causes cognitive blindness for novice young drivers that can result in fatal or serious injury crashes to the young driver or other motorists or pedestrians. This bill, therefore, clarifies that teen drivers may not use any electronic wireless communication device – even if it is hands free while driving”. SB 194 has been referred to the Assembly.

DSAC position for SB 194: SUPPORT

AB 313, introduced in the Assembly on February 12, 2013, prohibits texting with hands-free mobile devices while driving by outlawing voice-controlled devices which were authorized by AB 1536 that became law on January 1, 2013. The bill states that there are no studies supporting texting with voice-activated devices while driving as safe. It also states that distracted driving was responsible in 3,300 deaths and more than 400,000 injuries nationally in 2011.

On April 16, 2013, AB 313 passed the Assembly Transportation Committee by a vote of 9 ayes, noes 5 and was referred to the Appropriations Committee. Dr. Richard Harkness, CEO of Advance Drivers Education Products and Training and a spokesperson for the National Safety Council, both co-sponsors of AB 313, provided the principal testimony for the bill. DSAC joined 23 other organizations supporting the bill. Dr. Harkness has spent over $30,000 to research and collect data regarding the dangers of texting while driving. The opposition came from the Alliance of Automobile Manufacturers, the original sponsor of AB 1536, and the Association of global Automakers.

On May 1, 2013, after extensive lobbying of members of the Assembly Appropriations Committee and testimony, AB 313 failed to pass by a vote of 6 ayes; noes 6 with 5 members absent. Assembly Member Frasier’s Chief of Staff, Debra Gravert, received commitments from 9 members of the committee that they would vote aye for the bill’s passage (9 votes required) however, 3 aye votes were not in attendance when the final vote was taken. Reconsideration has been granted for another vote on May 8 when the bill should pass.

At the May 1 hearing, the Department of Finance (DOF) told the committee that it opposed AB 313 because “it is unclear how CHP can enforce the restrictions on voice activated systems. The majority of car manufacturers install factory voice-activated communication devices in their cars and it could be impossible for law enforcement to validate that a driver used such devices while driving; therefore, it could be difficult to enforce the restriction that this bill intends to implement.” If AB 313 reaches the Governor’s desk, the DOF argument may be the reason the Governor vetoes the bill, particularly in light of his signing AB 1536 into law.

DSAC Position: SUPPORT

AB 724, as amended on April 16, 2013, extends the enforcement of age for a provisional driver’s license and GDL program requirements to include18 and 19 year olds. Specifically, this bill:

Subjects a novice driver less than 20 years of age to existing requirements and restrictions of the DMV’s Provisional Licensing Program, including:
Successfully completing driver’s education and training;
Receiving and holding an instruction permit for a minimum of six months, and within that period complete 50 hours of supervised driving practice with a licensed driver 25 years of age or older;
Successfully completing an examination (drive test) administered by the DMV prior to receiving a provisional driver’s license (PDL);
Being prohibited from driving between the hours of 11p.m. to 5a.m. and from transporting passengers who are under 20 years of age unless accompanied by a parent, guardian, licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, and,
Requiring a provisional licensee to be subject to the abovementioned restrictions for the first 12 months or until reaching age 20 upon issuance of a PDL.

On April 22, 2013, AB 724 passed the Assembly Transportation Committee by a vote of 10 ayes, noes 4 and was referred to the Appropriations Committee. There is no appropriation in the bill so it should pass that committee notwithstanding the opposition of the Appropriations Committee Chair, Gatto, who voted against the bill in the Transportation Committee. The principal witnesses for the bill were Aaron Reed, Chief lobbyist for the bill’s sponsor, the California Association of Highway Patrolmen, and Kelly Browning of Impact Teen Driver, a co-sponsor of the bill. Also supporting the bill were DSAC, the Association of California Insurance Companies, State Farm Insurance, Allstate Insurance, Personal Insurance Federation of California, DriversEd.com(who did not testify), the National Transportation Safety Board, Jack O’Connell, Former California Superintendent of Public Instruction, ProProse, Peace Officers Research association of California and the National Safety Council. Most of these organizations are part of Kelly Browning’s coalition. It appeared clear from questions asked by committee members that at some point the provisions of AB 1113 will be amended into AB 724.

DSAC position: SUPPORT

AB 1113, as amended April 16, 2013, makes the following changes to the Provisional Driver License Program:

Requires a person to hold an instruction permit for a minimum of NINE months prior to applying for a Provisional Driver’s License (PDL).
Requires all PDL restrictions to remain in effect for provisional licensees until they reach 18 years of age.
Prohibits a provisional licensee from driving between the hours of 10p.m to 5a.m. (MAP-21 requirements) unless the exceptions in the existing law come into play.
Prohibits a provisional licensee from transporting passengers who are under 21 years of age (MAP-21 requirements), unless the exceptions in the existing law come into play.

On April 22, 2013, AB 1113 passed the Assembly Transportation Committee by a vote of 15 ayes, noes 1. The bill’s sponsor, Allstate Insurance Company, presented the bill stating that the provisions of the bill come from the agreed to provisions of MAP-21 GDL grant incentives. Others supporting the bill included DSAC, State Farm, the Personal Insurance Federation of California, Impact Teen Drivers and the California Association of Highway patrolmen. The provisions of AB 1113 are expected to be amended into AB 724 at some point during the legislative process.

DSAC position: SUPPORT

AB 1115, introduced on February 22, 2013, amends Section 12509 of the Vehicle Code to apply to an applicant applying for an instruction permit who is over 17 years and 6 months of age and is applying for a driver’s license pursuant to new Vehicle Code section 12814.9. This new Section prohibits the DMV from issuing a driver’s license to a person who is 18 years of age or older unless the person meets the following requirements:
The person shall have held an instruction permit prior to applying for a driver’s license. The DMV shall issue the instruction permit upon satisfactory completion of a written examination.
Satisfactory completion of a driver education program that is approved by the department. The driver education program may be conducted through the Internet or by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5.
Satisfactory completion of a driving test, as required by the department.
Before retaking an examination or test required by this section, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test.

Comment: Driving schools are expected to be the only support for AB 1115 which is not good news. In light of the CAHP sponsoring AB 724 and the considerable, credible support for the bill, the chances for passage of AB 1115 appear dim. Hale’s employer, DriversEd.com/Easy Driving School, LLC, is the sponsor of this bill.

DSAC position: NONE

The Senate Transportation & Housing Committee is authoring this bill as a means of combining multiple, non-controversial changes to statutes into one bill so that the Legislature can make minor amendments in a cost-effective manner. There is no know opposition to any item in the bill, and if concerns arise that cannot be resolved, the committee will delete the provision of concern from the bill. According to the Legislative Analyst, the cost of producing a bill in 2001-02 was $17,890. By combining multiple matters into one bill, the Legislature can make minor changes to law in the most cost-effective manner. This bill will be watched to insure that no DSAC opposed issue is amended into the bill.

The following report was prepared for the Driving School Association of California by our Legislative Advocate Gabe Roberson. We hope that you find this information relevant and useful and remind you that your Association works hard to provide this benefit to you. Please support your Association by becoming a member and attendind our Continuing Education seminars.

Thank you,

Josh Mayes, DSAC President

Note from Gabe Roberson: As of February 22, 2013, the deadline for introduction of bills in the 2013
Session of the Legislature, the Assembly introduced 1376 bills and the Senate
introduced 813 bills, a total of 2189 bills.

AB 17 – HUESO – ENHANCED DRIVER’S LICENSE

Background: The federal Western Hemisphere Travel Initiative adopted in 2009
facilitates travel within the western hemisphere by authorizing the use of enhanced
driver’s licenses and identification cards meeting specified requirements as travel
documents.

AB 17, introduced in the Assembly on December 3, 2012, would authorize the
DMV to enter into a memorandum of understanding with a federal agency for the
purpose of facilitating travels within the western hemisphere pursuant to the federal
Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s
license, instruction permit, provisional license, or identification card. The bill would
require a person applying for the initial issuance or renewal of an enhanced driver’s
license, instruction permit, provisional license, or identification card to submit,
under the penalty of perjury, additional proof of identity, residency, and citizenship
that satisfies the requirements of the federal Western Hemisphere Travel Initiative.

Status: On January 14, 2013, AB 17 was referred to the Assembly Transportation
Committee and also to the Judiciary Committee. The bill must pass these two
committees. No hearing as of February 22, 2013.

DSAC position for AB 17: NEUTRAL

SB 194 – GALGIANI – ELECTRONIC WIRELESS COMMUNICATIONS
DEVICES: PROHIBITIONS – DRIVERS UNDER 18 YEARS OF AGE

SB 194, introduced in the Senate on February 7, 2013, expands the ban of teens
under the age of 18 from using their smartphones behind the wheel, even with a
hands-free device. SB 194 would broaden the state’s ban on talking or texting
while driving for motorists under 18, prohibiting those drivers from using any
“electronic wireless communications device, even if it is hands-free. The aim of

SB 194 is to make sure drivers with provisional licenses do not use touch-screen or
voice-command technologies that have been introduced in new car models and is
currently authorized by enactment of AB 1536 passed by the Legislature last year
that became law on January 1, 2013. The introduction of SB 194 is a direct result of
the efforts of Dr. Richard Harkness, developer of teenSMART who has sounded the
alarm of the dangers of the use of the new technologies authorized by AB 1536 not
only for new drivers under the age of 18 but drivers of all ages which is the purpose
of the introduction of AB 313 contained in this report. SB 194 is sponsored by the
California Highway Patrol that estimates that half of all teens pulled over were
texting or using other technology at the time of the violation.

DSAC position for SB 194: SUPPORT

AB 313 – FRAZIER – ELECTRONIC WIRELESS COMMUNICATION
DEVICES – PROHIBITIONS – DRIVERS OF ALL AGES

AB 313, introduced in the Assembly on February 12, 2013, prohibits texting with
hands-free mobile devices while driving by outlawing voice-controlled devices
which were authorized by AB 1536 that became law on January 1, 2013. The bill
states that there are no studies supporting texting with voice-activated devices while
driving as safe. It also states that distracted driving was responsible in 3,300 deaths
and more than 400,000 injuries nationally in 2011.

DSAC Position on AB 313: SUPPORT

AB 724 – COOLEY – GRADUATED DRIVER LICENSING

AB 724, introduced on February 21, 2013 as a “Spot Bill” requires applicants for a
driver’s license between the ages of 16 -19 to complete driver education and behind-
the-wheel instruction and to complete the GDL process. It is Gabe’s understanding
that the bill is intended to apply to persons between the ages of 16-20. As a practical
matter, in order for California to qualify for the millions of federal dollars available
through the MAP 21 GDL grants legislation, AB 724 requires amendments as
follows:

1. The 6 month learner permit stage must apply to any novice driver who is less
than 21 years of age when first applying for a permit.
2. A learner permit holder must pass a driving skills test prior to entering the
intermediate stage or being issued another permit, license or endorsement.
3. Change from 11 p.m. and 5 a.m. to 10 p.m. and 5 a.m. the prohibition of
driving during these hours unless accompanied and supervised by a licensed
driver who is the licensee’s parent or guardian, a licensed driver who is 25
years of age or older, or a licensed or certified driving instructor.
4. The intermediate license holder is prohibited from operating a motor vehicle
with more than one non-familial passenger younger than 21 years of age
unless a licensed driver who is at least 21 years of age is in the motor vehicle.

DSAC position on AB 724: SUPPORT

AB 833 – HARKEY – VEHICLE REGISTRATION FEES

AB 833, introduced on February 21, 2013, states it is the intent of the Legislature
to enact legislation that would convert vehicle registration fees into taxes. This is a
“Spot Bill” that will be followed to determine its proposed changes.

DSAC position for AB 833: WATCH

AB 840 – AMMIANO – DRIVER’S LICENSE TESTS: BICYCLES

AB 840, introduced on February 21, 2003, revises the DMV driver’s license test to
include a test of the applicant’s knowledge and understanding of the provisions of
the California Driver Handbook relating to bicycling, including, but not limited to,
bicycle markings, bicycle lanes, and bicycles in travel lanes.

DSAC position for AB 840: SUPPORT

AB – 1113 – FRAZIER – PROVISIONAL LICENSING: RESTRICTIONS

AB 1113, introduced on February 22, 2013, amends the Provisional Licensing Law
(GDL) to change the nighttime driving prohibition from 11 p.m. and 5 a.m. to 10
p.m. and 5 a.m. in order for California to qualify for federal grant funds authorized
by the federal Moving Ahead for Progress in the 21st Century Act known as MAP
21. The bill also prohibits a provisional licensee from transporting passengers
under the age of 21. The existing prohibition is age 20 unless accompanied and
supervised by a licensed driver who is the licensee’s parent or guardian, a licensed
driver who is 25 years of age or older, or a licensed or certified driving instructor.

As reported under AB 724, to conform to the MAP 21 Grants requirements, AB
1113 would have to be amended to include:

1. The 6 month learner permit stage must apply to any novice driver who is less
than 21 years of age when first applying for a permit.
2. A learner permit holder must pass a driving skills test prior to entering the
intermediate stage or being issued another permit, license or endorsement.

Assembly member Frazier’s Chief of Staff, Debra Gravert, our good friend, will be
contacted to determine the sponsor of the bill. It may be Kelly Browning.

DSAC position on AB 1113: SUPPORT

AB 1115 – JONES – DRIVER’S LICENSE REQUIREMENTS

AB 1115, introduced on February 22, 2013, amends Section 12509 of the Vehicle
Code to apply to an applicant applying for an instruction permit who is over 17
years and 6 months of age and is applying for a driver’s license pursuant to new
Vehicle Code section 12814.9. This new Section prohibits the DMV from issuing a
driver’s license to a person who is 18 years of age or older unless the person meets
the following requirements:

1. The person shall have held an instruction permit prior to applying for
a driver’s license. The DMV shall issue the instruction permit upon
satisfactory completion of a written examination.
2. Satisfactory completion of a driver education program that is approved
by the department. The driver education program may be conducted
through the Internet or by a driving instructor licensed under Chapter 1
(commencing with Section 11100) of Division 5.
3. Satisfactory completion of a driving test, as required by the department.
4. Before retaking an examination or test required by this section, the person
shall wait for not less than one week after failure of the written test and for
not less than two weeks after failure of the driving test.

DSAC position on AB 1115: WATCH