BILL NUMBER: SB 1587 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 28, 1996
AMENDED IN ASSEMBLY AUGUST 19, 1996
AMENDED IN ASSEMBLY JULY 7, 1996
AMENDED IN ASSEMBLY JUNE 17, 1996
INTRODUCED BY Committee on Transportation (Senators Kopp (Chairman),
Ayala, Boatwright, Hayden, Johnston, Kelley, Monteith, Polanco, and
Russell)
FEBRUARY 16, 1996
An act to amend Section 51852 of the Education Code, to
An act to amend Section 44251 of the Health and
Safety Code, and to amend Sections 505.2, 4456.1, 11400, 11405,
27360.5, and 40600 of, and to add Section 16000.8 to, the Vehicle
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1587, as amended, Committee on Transportation.
Transportation: vehicles.
(1) Existing law sets forth the requirements for a course of
instruction in automobile driver education. In addition, existing
law sets forth various plans that meet the requirements for a course
of instruction in the laboratory phase of driver education, including
a competency-based driver training program based on assessed
individual needs. Existing law authorizes the Department of Motor
Vehicles to issue a driver's license to any person between the ages
of 16 and 18 years if that person has passed the requisite
examination and has complied with one of the 2 alternative driver
education and driver training requirements.
This bill would provide that no person shall meet the requirements
which would authorize the Department of Motor Vehicles to issue a
driver's license to a person 16 years of age, but less than 18 years
of age, through the completion of a correspondence course or any
other course not offered under the direct personal supervision and
instruction of a teacher in a private elementary or secondary school
or a public secondary school or a licensed driving school instructor.
(2)
(1) Existing law, which is to become operative only if
specified conditions are met, establishes a pilot program consisting
of requirements for odometer checks, annual smog checks, and
reduction of target pollution miles, applicable in the San Diego
County Air Pollution Control District and the Ventura County Air
Pollution Control District. Existing law imposes various
requirements on, among others, the State Air Resources Board,
relative to the pilot program as to the determination and use of a
vehicle smog index.
This bill would provide for the smog index for diesel fuel
vehicles and would impose duties on the state board regarding that
index.
(3)
(2) Existing law regulates registration service including
businesses engaging in the business of soliciting or receiving an
application for a driver's license.
This bill would delete soliciting or receiving an application for
a driver's license from the above regulated businesses.
(4)
(3) Existing law requires a dealer or lessor-retailer who
violates specified provisions relating to reports of vehicle sales
and applications for transfer of vehicle registration to pay
specified administrative service fees to the Department of Motor
Vehicles for each violation.
This bill would make technical, clarifying changes in those
provisions of existing law.
(5)
(4) Existing law authorizes the department to refuse to
issue a license to, or suspend, revoke, or cancel the license of, a
person to act as a registration service for any of specified reasons,
including that the person has knowingly or negligently committed or
was responsible for any violation, cause for license refusal, or
cause for discipline, under specified provisions relating to making
false statements to the department, registration of vehicles,
registration and transfer of vessels, stolen vehicles or vessels, and
occupational licensing and business regulations.
This bill would include violation of any rules or regulations
adopted under the provisions specified above as grounds for refusal
to issue a license or for license suspension, revocation, or
cancellation.
(6)
(5) Existing law prohibits a parent or legal guardian, when
present in a passenger vehicle or motortruck, from permitting his or
her child or ward who is 4 years of age or older but less than 16
years of age and weighing more than 40 pounds to be transported upon
a highway in the motor vehicle without providing and properly using,
for each child or ward, a child passenger restraint system meeting
applicable federal motor vehicle safety standards. Existing law also
prohibits the driver of a passenger vehicle or motortruck from
transporting a child under those circumstances. A violation of those
provisions of existing law is a crime.
This bill would recast this provision to apply to the children or
wards described above when the children or wards are 40 pounds or
more. To the extent that this bill would expand the scope of an
existing crime, this bill would impose a state-mandated local
program.
(7)
(6) Under existing law, the Department of Motor Vehicles is
required to suspend the driver's license of any driver involved in an
accident if the driver does not prove the existence of financial
responsibility, as specified.
This bill would require the department to terminate such a
suspension action if the driver's failure to prove financial
responsibility was due to the fraudulent acts of an insurance agent
or broker, documented as specified, and the driver furnishes proof to
the department that financial responsibility is currently in effect.
(8)
(7) Existing law authorizes a peace officer with specified
training in the investigation of traffic accidents to prepare, on a
form approved by the Judicial Council, a written notice to appear
when the peace officer has reasonable cause to believe that any
person involved in a traffic accident has violated a
provision of this code not declared to be a felony or a local
ordinance committed a specified violation and
the violation was a factor in the occurrence of the traffic accident.
This bill would require a written notice to appear prepared on a
form approved by the Judicial Council and issued pursuant to that
provision to be accepted by any court.
(9)
(8) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(10)
(9) This bill would incorporate additional changes to
Section 44251 of the Health and Safety Code, proposed by AB 3020, to
be operative only if AB 3020 and this bill are both chaptered and
become effective on or before January 1, 1997, and this bill is
chaptered last.
(11)
(10) This bill would incorporate additional changes to
Section 4456.1 of the Vehicle Code, proposed by AB 2286, to be
operative only if AB 2286 and this bill are both chaptered and become
effective on or before January 1, 1997, and this bill is chaptered
last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51852 of the Education Code is amended to read:
51852. A course of instruction in the laboratory phase of driver
education shall include, for each student enrolled in the class,
instruction under one of the following plans:
(a) Plan One. A minimum of 12 hours allocated as follows:
(1) A minimum of six hours of on-street behind-the-wheel practice
driving instruction in a dual-control automobile with a qualified
instructor.
(2) A minimum of six hours in a dual-control automobile with a
qualified instructor for the purposes of observation. Practice
driving on an off-street multiple-car driving range approved by the
department under the supervision of a qualified instructor may be
substituted for all or part of the observation time.
(b) Plan Two. A minimum of 24 hours allocated as follows:
(1) Three hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Six hours in a dual-control automobile with a qualified
instructor for the purposes of observation. Practice driving on an
off-street multiple-car driving range approved by the department
under the supervision of a qualified instructor may be substituted
for all or part of the observation time.
(3) Twelve hours of instruction by a qualified instructor in a
driving simulator approved by the department.
(4) At least three additional hours of instruction specified in
one or more of paragraphs 1 through 3 of this subdivision.
(c) Plan Three. A minimum of 24 hours allocated as follows:
(1) Three hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Six hours in a dual-control automobile with a qualified
instructor for the purpose of observation.
(3) Twelve hours of instruction by a qualified instructor on an
off-street multiple-car driving range.
(4) At least three additional hours of instruction specified in
one or more of paragraphs 1 through 3 of this subdivision.
(d) Plan Four. A minimum of 24 hours allocated as follows:
(1) Two hours of on-street behind-the-wheel practice driving
instruction in a dual-control automobile with a qualified instructor.
(2) Four hours in a dual-control automobile with a qualified
instructor for the purpose of observation.
(3) Eighteen hours of instruction by a qualified instructor in a
driving simulator approved by the department and on an off-street
multiple-car driving range. The governing board of the district
shall establish the proportion of time to be utilized in simulators
and on the off-street multiple-car driving range.
(e) Plan Five. Competency-based driver training which means a
program in which all students receive instruction based on assessed
individual needs in order to meet a common level of program
performance criteria. The Superintendent of Public Instruction shall
adopt rules and regulations concerning program requirements for
competency-based driver training programs.
(f) For purposes of this section, one hour means 60 minutes
including passing time.
(g) Any deviation from the standard use of a simulator or
off-street multiple-car driving range, or both, shall have prior
approval by the Department of Education before the school district,
county superintendent of schools, the California Youth Authority, or
the Department of Education can be reimbursed for the students
trained.
(h) No person shall meet the requirements of Section 12507 of the
Vehicle Code through the completion of a correspondence course or any
other course not offered under the direct personal supervision and
instruction of a teacher in a private elementary or secondary school
or a public secondary school, or a driving school instructor licensed
under Chapter 1 (commencing with Section 11100) of Division 5 of the
Vehicle Code.
SEC. 2.
SECTION 1. Section 44251 of the Health and Safety Code is
amended to read:
44251. (a) The state board shall specify smog index numbers for
new light-duty passenger vehicles and light-duty trucks with a gross
vehicle weight up to 6,000 pounds to be sold in California. For
gasoline and alternative fuel vehicles, that smog index shall be
based on certification data quantifying tailpipe and evaporative
emissions of ozone precursor chemicals for classes of vehicles.
(b) For diesel fuel vehicles, the smog index shall be based on
certification data quantifying tailpipe emissions of ozone precursor
chemicals and particulate matter. Particulate emissions from diesel
fuel vehicles certified to model year standards that did not include
a particulate limit may be assumed to be equal to particulate
emissions for model year 1985 diesel fuel vehicles.
(c) The state board shall specify the relative weight of
emissions of ozone precursor chemicals and particulates in the smog
index values for diesel vehicles. This weighting shall be based on
the relative importance of each category of emissions to air quality
problems in California.
(d) Smog index number 1.0 shall be assigned to a hypothetical
light-duty passenger vehicle, a hypothetical light-duty truck with a
gross vehicle weight of 3,750 pounds or less, and a hypothetical
light-duty truck with a gross vehicle weight of greater than 3,750
pounds up to 6,000 pounds, emitting the maximum amount of pollution
allowed for that class of vehicle certified for sale in this state as
of the January 1 immediately preceding the operative date of this
section. The state board shall determine the existing class or
classes of vehicles to which the smog index shall be applied.
(e) Not later than 180 days from the operative date of this
section, the state board, in consultation with the bureau, shall
specify smog index numbers for existing light-duty passenger vehicles
and light-duty trucks with a gross vehicle weight of up to 6,000
pounds registered in the San Diego County Air Pollution Control
District and the Ventura County Air Pollution Control District, and
all pre-1966 light-duty passenger vehicles and light-duty trucks with
a gross vehicle weight of up to 6,000 pounds in use in California.
Smog index numbers shall be based on the tailpipe and evaporative
emissions levels to which the vehicle was certified for sale. No
smog index shall be assigned to a pre-1966 vehicle for which
certification was not required prior to its initial sale. Smog index
assignments for motor vehicles in use shall be adjusted as provided
in Section 44255.
SEC. 2.1.
SEC. 1.1. Section 44251 of the Health and Safety Code is
amended to read:
44251. (a) The state board shall specify smog index numbers for
new light-duty passenger vehicles and light-duty trucks with a gross
vehicle weight up to 6,000 pounds to be sold in California. For
gasoline and alternative fuel vehicles, that smog index shall be
based on certification data quantifying tailpipe and evaporative
emissions of ozone precursor chemicals for classes of vehicles.
(b) For diesel fuel vehicles, the smog index shall be based on
certification data quantifying tailpipe emissions of ozone precursor
chemicals and particulate matter. Particulate emissions from diesel
fuel vehicles certified to model year standards that did not include
a particulate limit may be assumed to be equal to particulate
emissions for model year 1985 diesel fuel vehicles.
(c) The state board shall specify the relative weight of emissions
of ozone precursor chemicals and particulates in the smog index
values for diesel vehicles. This weighting shall be based on the
relative importance of each category of emissions to air quality
problems in California.
(d) Smog index number 1.0 shall be assigned to a hypothetical
light-duty passenger vehicle, a hypothetical light-duty truck with a
gross vehicle weight of 3,750 pounds or less, and a hypothetical
light-duty truck with a gross vehicle weight of greater than 3,750
pounds up to 6,000 pounds, emitting the maximum amount of pollution
allowed for that class of vehicle certified for sale in this state as
of the January 1 immediately preceding the operative date of this
section. The state board shall determine the existing class or
classes of vehicles to which the smog index shall be applied.
SEC. 3.
SEC. 2. Section 505.2 of the Vehicle Code is amended to
read:
505.2. (a) A "registration service" is a person engaged in the
business of soliciting or receiving any application for the
registration, renewal of registration, or transfer of registration or
ownership, of any vehicle of a type subject to registration under
this code, or of transmitting or presenting any of those documents to
the department, when any compensation is solicited or received for
the service. "Registration service" includes, but is not limited to,
a person who, for compensation, processes registration documents,
conducts lien sales, or processes vehicle dismantling documents.
(b) "Registration service" does not include any of the following:
(1) A person performing registration services on a vehicle
acquired by that person for his or her own personal use or for use in
the regular course of that person's business.
(2) A person who solicits applications for or sells, for
compensation, nonresident permits for the operation of vehicles
within this state.
(3) An employee of one or more dealers or dismantlers, or a
combination thereof, who performs registration services for vehicles
acquired by, consigned to, or sold by the employing dealers or
dismantlers.
(4) A motor club, as defined in Section 12142 of the Insurance
Code.
(5) A person who performs registration services exclusively for
vehicles registered pursuant to Article 9.5 (commencing with Section
5301) of Chapter 1 of Division 3 or Article 4 (commencing with
Section 8050) of Chapter 4 of Division 3.
(6) A common carrier acting in the regular course of its business
in transmitting applications.
SEC. 4.
SEC. 3. Section 4456.1 of the Vehicle Code is amended to
read:
4456.1. (a) A dealer or lessor-retailer who violates paragraph
(1), (2), or (7) of subdivision (a) of Section 4456 shall pay to the
department an administrative service fee of five dollars ($5) for
each violation.
(b) A dealer or lessor-retailer who violates paragraph (4), (5),
or (6) of subdivision (a) of Section 4456 shall pay to the department
an administrative service fee of twenty-five dollars ($25) for each
violation.
(c) Each violation of subdivision (a) of Section 4456 is, in
addition to the obligation to pay an administrative service fee, a
separate cause for discipline pursuant to Section 11613 or 11705.
(d) Failure to pay an administrative service fee within 30 days
after written demand from the department is a separate cause for
discipline pursuant to Section 11613 or 11705.
SEC. 4.1.
SEC. 3.1. Section 4456.1 of the Vehicle Code is amended to
read:
4456.1. (a) A dealer or lessor-retailer who violates paragraph
(1), (2), or (7) of subdivision (a) of Section 4456 shall pay to the
department an administrative service fee of five dollars ($5) for
each violation.
(b) A dealer or lessor-retailer who violates paragraph (4), (5),
or (6) of subdivision (a) of Section 4456 shall pay to the department
an administrative service fee of twenty-five dollars ($25) for each
violation.
(c) Subject to subdivision (d), each violation of Section 4456
is, in addition to the obligation to pay an administrative service
fee, a separate cause for discipline pursuant to Section 11613 or
11705.
(d) A violation of subdivision (a) of Section 4456 because of a
dealer or lessor-retailer's failure to submit to the department an
application for registration or transfer of registration is a cause
for disciplinary action pursuant to Section 11613 or 11705 only if
the initial application is submitted 50 days or more following the
date of sale of the vehicle if the vehicle is a used vehicle, and 40
days if the vehicle is a new vehicle.
SEC. 5.
SEC. 4. Section 11400 of the Vehicle Code is amended to
read:
11400. No person shall act as a registration service, engage in
the business of soliciting or receiving any application for the
registration, renewal of registration, or transfer of registration or
ownership of any vehicle of a type subject to registration under
this code, or transmit or present any of those documents to the
department, if any compensation is solicited or received for the
service, without a license or temporary permit issued by the
department pursuant to this chapter, or if that license or temporary
permit has expired or been canceled, suspended, or revoked, or the
terms and conditions of an agreement entered into pursuant to Section
11408 have not been fulfilled.
SEC. 6.
SEC. 5. Section 11405 of the Vehicle Code is amended to
read:
11405. The department may refuse to issue a license to, or may
suspend, revoke, or cancel the license of, a person to act as a
registration service for any of the following reasons:
(a) The person has been convicted of a felony or a crime involving
moral turpitude which is substantially related to the
qualifications, functions, or duties of the licensed activity.
(b) The person is, or has been, the holder, or a managerial
employee of the holder, of any occupational license issued by the
department which has been suspended or revoked.
(c) The person has used a false or fictitious name, knowingly made
any false statement, or knowingly concealed any material fact, in
the application for the license.
(d) The person has knowingly made, or acted with negligence or
incompetence, or knowingly or negligently accepted or failed to
inquire about any false, erroneous, or incorrect statement or
information submitted to the registration service or the department
in the course of the licensed activity.
(e) The person has knowingly or negligently permitted fraud, or
willfully engaged in fraudulent practices, with reference to clients,
vehicle registrants, members of the public, or the department in the
course of the licensed activity.
(f) The person has knowingly or negligently committed or was
responsible for any violation, cause for license refusal, or cause
for discipline under Section 20 or Division 3 (commencing with
Section 4000), Division 3.5 (commencing with Section 9840), Division
4 (commencing with Section 10500), or Division 5 (commencing with
Section 11100), or any rules or regulations adopted under those
provisions.
(g) The person has failed to obtain and maintain an established
place of business in California.
(h) The person has failed to keep the business records required by
Section 11406.
(i) The person has violated any term or condition of a restricted
license to act as a registration service.
(j) The person has committed or was responsible for any other act,
occurrence, or event in California or any foreign jurisdiction which
would be cause to refuse to issue a license to, or to suspend,
revoke, or cancel the license of, a person to act as a registration
service.
SEC. 7.
SEC. 6. Section 16000.8 is added to the Vehicle Code, to
read:
16000.8. (a) Notwithstanding any other provision of this chapter,
if the failure of the driver of a motor vehicle involved in an
accident to prove the existence of financial responsibility, as
required by Section 16020, was due to the fraudulent acts of an
insurance agent or broker, the department shall terminate any
suspension action taken pursuant to Section 16070, when both of the
following conditions are met:
(1) The driver provides documentation from the Department of
Insurance that the insurance agent or broker has been found to have
committed fraud in the transaction of automobile liability insurance,
or provides documentation that criminal charges have been filed
against the agent or broker due to fraud or theft related to the sale
of automobile liability insurances.
(2) The driver furnishes proof to the department that financial
responsibility meeting the requirements of Section 16021 is currently
in effect.
(b) It is the intent of the Legislature in enacting this section
that individuals who are the victims of insurance fraud not be
penalized for violating the financial responsibility laws when that
violation was due to the fraudulent acts of others. Persons with
documented evidence of fraud involving their insurance coverage, such
as where an insurance agent accepted the premium payment for
coverage but willfully failed to obtain the coverage and led the
customer to believe insurance was in effect, should retain their
driving privileges provided they give evidence that valid liability
insurance is currently in effect.
SEC. 8.
SEC. 7. Section 27360.5 of the Vehicle Code is amended to
read:
27360.5. (a) No parent or legal guardian, when present in a
private passenger motor vehicle as defined in Section 27315, shall
permit his or her child or ward who is four years of age or older but
less than 16 years of age and weighs 40 pounds or more to be
transported upon a highway in the motor vehicle without providing and
properly using, for each child or ward, a safety belt meeting
applicable federal motor vehicle safety standards.
(b) No driver shall transport on a highway any child who is four
years of age or older but less than 16 years of age and weighs 40
pounds or more in a private passenger motor vehicle, as defined in
Section 27315, without providing and properly using a safety belt
meeting applicable federal motor vehicle safety standards. This
subdivision does not apply to a driver if the parent or legal
guardian of the child is also present in the vehicle and is not the
driver.
(c) (1) A first offense under this section is punishable by a fine
of fifty dollars ($50).
(2) A second or subsequent offense under this section is
punishable by a fine of one hundred dollars ($100).
SEC. 9.
SEC. 8. Section 40600 of the Vehicle Code is amended to
read:
40600. (a) Notwithstanding any other provision of law, a peace
officer who has successfully completed a course or courses of
instruction, approved by the Commission on Peace Officer Standards
and Training, in the investigation of traffic accidents may prepare,
in triplicate, on a form approved by the Judicial Council, a written
notice to appear when the peace officer has reasonable cause to
believe that any person involved in a traffic accident has violated a
provision of this code not declared to be a felony or a local
ordinance and the violation was a factor in the occurrence of the
traffic accident.
(b) A notice to appear shall contain the name and address of the
person, the license number of the person's vehicle, if any, the name
and address, when available, of the registered owner or lessee of the
vehicle, the offense charged, and the time and place when and where
the person may appear in court or before a person authorized to
receive a deposit of bail. The time specified shall be at least 10
days after the notice to appear is delivered.
(c) The preparation and delivery of a notice to appear pursuant to
this section is not an arrest.
(d) For purposes of this article, a peace officer has reasonable
cause to issue a written notice to appear if, as a result of the
officer's investigation, the officer has evidence, either testimonial
or real, or a combination of testimonial and real, that would be
sufficient to issue a written notice to appear if the officer had
personally witnessed the events investigated.
(e) As used in this section, "peace officer" means any person
specified under Section 830.1 or 830.2 of the Penal Code, with the
exception of members of the California National Guard.
(f) A written notice to appear prepared on a form approved by the
Judicial Council and issued pursuant to this section shall be
accepted by any court.
SEC. 10.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 11. Section 2.1
SEC. 10. Section 1.1 of this bill incorporates amendments to
Section 44251 of the Health and Safety Code proposed by both this
bill and Assembly Bill 3020. It shall become operative if (1) both
bills are enacted and become effective on or before January 1, 1997,
(2) each bill amends Section 44251 of the Health and Safety Code,
and, (3) this bill is enacted after AB 3020, in which case Section
44251 of the Health and Safety Code, as amended by AB 3020, shall
remain operative only until the operative date of this bill, at which
time Section 2.1 1.1 of this bill
shall become operative, and Section 2 1
of this bill shall not become operative.
SEC. 12. Section 4.1
SEC. 11. Section 3.1 of this bill incorporates amendments to
Section 4456.1 of the Vehicle Code proposed by both this bill and
Assembly Bill 2286. It shall become operative if (1) both bills are
enacted and become effective on or before January 1, 1997, (2) each
bill amends Section 4456.1 of the Vehicle Code, and, (3) this bill is
enacted after AB 2286, in which case Section 4
3 of this bill shall not become operative.