Vehicles: provisional licensing.

(1) Existing law, except as specified, authorizes the Department of Motor Vehicles, for good cause, to issue an instruction permit to any physically and mentally qualified person who applies to the department for an instruction permit and meets any one of 5 specified requirements, including the requirement that the person be 15 years and 6 months of age or older and have successfully completed an approved course in automobile driver education and be taking driver training, as specified. Existing law also provides that a person, while having in his or her immediate possession a valid permit issued pursuant to the above provisions, may operate a motor vehicle, other than a motorcycle, motorized scooter, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California-licensed driver with a valid license of the appropriate class, 18 years of age or over whose driving privilege is not on probation. This bill would delete the above alternative requirement and raise the age of the California-licensed driver to 21 years of age. The bill would also make conforming changes to these provisions. (2) The Brady-Jared Teen Driver Safety Act of 1997 allows for the issuance of a driver's license to an applicant who is at least 16 years of age but under 18 years of age pursuant to the provisional licensing program. Under the act, licensees are required to meet specified requirements, driver education, and training. The act requires, among other things, that the applicant for an original license be issued an instruction permit to operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking specified driver training instruction or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California-licensed driver 25 years of age or older whose driving privilege is not on probation. The act also requires that the applicant 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. This bill would delete the requirement that the applicant be taking or practicing specified driving instruction to be issued an instruction permit under the act and would require that a licensed driving school or independent driving instructor provide a driving log that the student may use to document the 50 hours of supervised practice. The bill would make other conforming and clarifying changes to these provisions. (3) This bill would incorporate additional changes to Section 12509 of the Vehicle Code proposed by AB 1952, to be operative only if AB 1952 and this bill become effective on or before January 1, 2010, and this bill is enacted last.