Good morning everyone,
Your Membership Year plates for 2012-13 & 2013-2014 have been ordered and will be mailed to member schools by the end of December.
We’ve recently switched to a new producer for plates and plaques, and we anticipate everything to go smoothly. If your interested in getting any kind of awards made you should consider using Award.com for all your plaques and awards.
I apologize for the huge delay on these, and I promise we’ll have them out to you very soon.
October 12, 2013 – San Diego
This is the Legislative Report as prepared and presented by DSAC Legislative Advocate Gabe Roberson and edited for web viewing and recent updates by President, Josh Mayes. If this report is useful to you, please consider joining the DSAC by clicking here!
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 – 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.
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”. As of 10/10/2013, the Governor had not acted on SB 194.
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.
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 in January 2014.
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 – COOLEY – GRADUATED DRIVER LICENSING
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.
- 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. 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.
FISCAL EFFECT: One-time significant programming costs to the DMV in the range of $400,000. These Costs would likely be greater for a January 1, 2014 implementation due to a backlog of programming changes at the DMV, thus a more expensive manual workaround would be required to meet the current operative date of the bill.
STATUS: AB 724 has been referred to the Appropriations Committee Suspense File due to its $400,000 cost to the DMV. Appropriations Committee Chairman Gatto (D-Burbank) opposes GDL and AB 724. Kelly Browning has met with Gatto twice in her efforts to change his position with no success. Kelly is working with Gabe and her Coalition in an effort to generate pressure on Gatto to change his position. However, unless funds can be provided to cover the $400,000 DMV cost the bill will remain on the Suspense File. Gabe has recommended that AB 724 be amended to make the bill revenue neutral by requiring federal or private grants to provide the $400,000 to the DMV. If so amended, this should remove the bill from the Suspense File and may force a vote on the bill in the Appropriations committee. However, committee republicans are expected to oppose the bill. AB 724 must pass the Appropriations Committee and the full Assembly in January 2014 if it is stay alive.
DSAC position: SUPPORT
AB – 1113 – FRAZIER – PROVISIONAL LICENSING: RESTRICTIONS
AB 1113, as amended August 13, 2013, makes the following changes to the Provisional Driver License Program:
Increases the required period for an individual to hold a driver’s learner permit from 6 months to 9 months before applying for a provisional driver’s license.
Requires all provisional driver’s license restrictions to remain in effect for provisional licensees until they reach 18 years of age rather than during the first 12 months from the license issuance.
Prohibits a provisional licensee from driving between the hours of 10 p.m. and 5 a.m. (MAP -21 requirement) rather than the current 11 p.m. to 5 a.m.
Changes the minimum age of passengers that a provisional licensee can transport from 20 to 21 years of age (MAP-21 requirement), unless the exceptions in the existing law come into play.
The bill’s sponsor, Allstate Insurance Company, states that the provisions of the bill come from the agreed to provisions of MAP-21 GDL grant incentives. AB 1113 states in 2009, there were 476 fatalities in crashes that involved teen drivers and, according to a report done by the National Safety Council, 133 lives and $910,000,000 could be saved if California implemented the graduated driver licensing requirements specified in the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141). However, according to a recent report from the National Highway Traffic Safety Administration no state meets the requirements for a MAP-21 GDL grant. When available, The California Office of Traffic Safety will publish the requirements for California to qualify for a GDL grant.
Others supporting the bill included DSAC, State Farm, the Personal Insurance Federation of California, Impact Teen Drivers and the California Association of Highway patrolmen.
FISCAL EFFECT: According to the DMV, costs associated with this bill are approximately $100,000 to program its systems and issue forms and publications to implement the extended driver’s license restrictions.
According to a recent study completed by Scott Masten, Ph.D. of the DMV and Kelly Browning majorities of 16-year-olds (57%) and 17-year-olds (73%) actually hold their learner permits longer than the required 6 months; 31% of 16-year-olds and 49% of 17-year-olds held their permits for 9+ months. Majorities (67%-81%) of age 18 or older novices hold their learner permits less than 6 months.
While novice 16-and 17-year-olds’ highest crash rates occur almost immediately after they are licensed, their peak traffic violation rates are delayed until around the time they turn age 18.
Extending learner permit holding periods for 16-17-year-old novices appears consistent with their actual behavior.
Requiring older novices-particularly those ages 18 to 20 – to hold permits for minimum periods may reduce their initial crash rates.
STATUS: As of 10/14/2013, the Governor has Vetoed AB1113.
DSAC position: OPPOSE
Govern Brown’s Veto Message for AB 113:
I am returning AB 1113 to the Assembly without my signature. This measure expands restrictions on teenage drivers based on time of day and age. Current law requires a teen to first obtain an instructional permit beginning at age 15 and one-half for six months, followed by a provisional driver’s license for 12 months. A driver with a provisional license is prohibited both from transporting someone under the age of 20 and from driving between the hours of 11 pm and 5 AM. The statistics indicate that these restrictions have been effective in saving lives. I understand and agree with the need to address factors that contribute to the unnecessary accidents and deaths of young Californians on our highways, and commend Assemblyman Frazier for his efforts. Rather than imposing yet even more restrictions on a teenager’s driving privilege, I am directing the Department of Motor Vehicles, California Highway Patrol, and Office of Traffic Safety to implement a teen driver training and education program to improve transportation safety for provisional drivers.
Edmund G. Grown Jr.
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:
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. If the bill does not pass the Assembly by the end of January 2014, it is dead.
DSAC position: NONE
SB 788 – SENATE TRANSPORTATION & HOUSING OMNIBUS BILL
The Senate Transportation & Housing Committee authored 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. The Governor signed the bill on October 2, 2013. No driving school issue is contained in the bill.
AB 60 – ALEJO – DRIVER’S LICENSE – UNDOCUMENTED IMMIGRANTS
In the closing hours of the Legislative Session, AB 60 was sent to the Governor to authorize the DMV to issue an original driver’s license to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if he/she meets all other qualifications for licensure and provides satisfactory proof to the DMV, of his/her identity and California residency. Once the DMV develops a prototype of what the license will look like, the DMV will submit the design to the federal Department of Homeland Security to ensure the licenses comply with federal rules. The bill does not permit the issuance of a commercial driver’s license. The bill, which was not expected to pass this year, was taken up by the Senate when the Governor announced that he would sign the bill as a signal to Congress to pass meaningful undocumented immigrant legislation. The bill was opposed by nine labor organizations and supported by 27 entities. The Governor signed the bill on October 3, 2013, making California the 13th state to offer driver’s licenses to as many as 1.4 million undocumented immigrants. The provisions of the bill become effective on January 1, 2015.
FISCAL EFFECT: According to the Senate Appropriation Committtee:
Estimated DMV costs of approximately $140 million to $220 million over three years to issue approximately 1.4 million new driver’s licenses. Most of these costs are for new temporary facilities, additional staff, and increased processing time in field offices throughout the state. Estimated driver’s license application fee revenues of approximately $50 million over three years.
AB 1371 – SAFE PASSING OF BICYCLISTS BY MOTOR VEHICLES
On September 23, 2013, the Governor signed AB 1371 which requires the following:
- Establishes the “Three Feet for Safety Act” that requires:
- A driver to provide three feet distance between the vehicle and the bicycle or its operator when passing, and,
- A driver who is unable to provide the minimum three-foot passing distance due to traffic or roadway conditions to slow to a reasonable and prudent speed when passing only when doing so would not endanger the safety of the bicyclist.
- Makes failure to comply with the “Three Feet for Safety Act” an infraction punishable by a base fine of $35.
- Requires a $220 fine to be imposed on the driver of the motor vehicle who is found to be in violation of the “Three Feet for Safety Act” if a collision occurs between a motor vehicle and a bicycle causing bodily injury to the bicyclist.
- Requires that provisions become operative on September 16, 2014.
Good afternoon everyone!
The Seminar schedule for San Diego 2013 is now available:
8:30-8:40—Welcome and Instructions—Josh Mayes, DSAC President
*Explanation of Seminar rules and regulations, break schedule, lunch procedure and issuance
of certificates at the end of the day.
8:40-9:30—Gabe Roberson, DSAC Legislative Advocate
*Attendees will be given a detailed explanation of any relative legislation this past session
*Attendees will be given a detailed explanation of any relative legist ion this current session
*Attendees will be give an opportunity to up any concerns or wishes in regards to Road Safety
9:30-10:15—Shelly Moehn, Laguna Pacific Insurance
*Attendees will be explained in detail about Driving School-Auto, Bond and Liability Insurance
Laws and Regulations in California
*Attendees will be explained in detail about “Reporting procedures in case of a Crash” to the
DMV and regulatory body requirements
10:30-11:00— Kathleen Hostert, Donate Life
*Attendees will be explained in detail the laws governing the California organ transplant
*Attendees will be explained several methods to introduce the California Organ Donor Program
11:00-12:00—Tim Hawbolt, Chrysler
*Attendees will be explained the Innovations for the driver training vehicles for 2013
*Attendees will be shown the new products for 2014 and technologies
12:00-1PM Lunch Break
1:00-2:30—Johnny Bhullar, Senior Transportation Engineer, Caltrans
*Attendees will be given the updates on all the “New Road Signs”, Pavement Markings and
*Attendees will be explained about any upcoming possible changes coming for 2014
* Attendees will be give the opportunity for questions and answers
2:45-4:30—Todd Southwell, Masterdrive of Orange County
*Understanding brain function as it pertains to driver training
*The “Why not”, the “What of “and “What do we” during driving lessons
*Differentiate Education VS Training
*Psychomotor SKILL of teaching driving a car
*Repetition (doing correct skill over and over)
*The Performance Model—Understanding brain and body function while driving a car
4:30-4:45—Certificate Issuance and closing
January 14, 1938 – August 28, 2013
It is with great regret that I once again have to bring to the attention of our members and our industry, another loss. George Love passed away in his sleep at the far too early age of 75. I had known George for almost 16 years and although we never spent a great deal of time together probably since he never served on the DSAC board, I still felt close to him.
One might ask why but if you had met George you would understand why. He reminded me of Andy Griffith a great smile with a can do personality. He was affable and a gentleman and was fun to talk to even with a different point of view. There was a twinkle in his eye and smarts between the ears, what time I did have with George was fun, I will miss him as I am sure many who knew him will. George rest in peace you made your contribution to traffic safety, thanks for doing your part.
The following information was provided by Love’s Safe Driving School:
George was a long time resident of Bakersfield, CA where he served as a California Highway Patrolman until retiring in 1981. After meeting the love of his life, Donna, he moved to the Modesto area. In 1992 he started Love’s Safe Driving School.
He ran one of the largest driving schools in California’s central valley with up to 20 vehicles/instructors at one time. He was a member of DSAC since 1993. His love was teaching he said that teaching was in his blood and that it was what he was put here to do. If you were fortunate to meet him talk to him you knew in a short time how much George loved this industry and how much he wanted it to grow. His goal was to educate our future motorist, and to give them the tools necessary to become safe and competent drivers.
To George his employees were his family and he treated them as such. He touched the lives of so many people through his work, kindness and contagious smile. George had such a deep compassion and unwavering love for others. We celebrate an outrageous laugh, even if it was at his own expense. Wearing his heart on his sleeve, George never lacked the ability to express his love, appreciation, and admiration of those around him.
He filled our hearts with enough love to last a lifetime. There was no coincidence of his last name.
He is survived by his beautiful wife and partner, Donna Gilton Love and their 7 children, 23 grandchildren and 1 great grandchild “on the way”.