Vehicles: driver's licenses.

The Brady-Jared Teen Driver Safety Act of 1997 requires, with a specified exception, that a driver's license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to the provisional licensing program and consist of specified components, including, but not limited to, that the person complete 50 hours of supervised driving practice, as specified, prior to the issuance of a provisional license. Existing law requires that, upon application for a provisional license, the person submit to the Department of Motor Vehicles 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. Existing law permits a person without a parent, spouse, guardian, or who is an emancipated minor, to have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program to 16 to 20 years of age. By expanding the scope of the provisional licensing program, a violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would additionally permit a provisional licensee 18 or 19 years of age to have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification described above. Existing law, with a specified exception, subjects the provisional driver's license to various restrictions, including that during the first 12 months after issuance of a provisional license, the licensee generally may not drive between the hours of 11 p.m. and 5 a.m. or transport passengers who are under 20 years of age unless, in either case, he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law authorizes limited exceptions to these restrictions that permit a licensee to drive in specified circumstances, including, but not limited to, a schooling or school-authorized activity, an employment necessity, or a necessity of the licensee or the licensee's immediate family member. This bill would permit a provisional licensee 18 or 19 years of age to keep in his or her possession a copy of his or her class schedule as documentation to satisfy the exception for schooling or school-authorized activities. The bill would also permit a provisional licensee 18 or 19 years of age to keep in his or her possession a copy of his or her work schedule as documentation to satisfy the exception for employment necessity. The bill would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and operation of a vehicle by a provisional licensee 18 or 19 years of age is necessary to transport the licensee or the licensee's immediate family member. Existing law also requires that any term of restriction or suspension of the driving privilege imposed on a provisional licensee remain in effect until the end of the term even though the provisional licensee becomes 18 years of age before the term ends. This bill would require that any term of restriction or suspension of the driving privilege imposed on a provisional licensee remain in effect until the end of the term even though the person becomes 20 years of age, rather than 18 years of age, before the term ends. This bill would make other technical and conforming changes. 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.