Bill Text: CA AB1888 | 2011-2012 | Regular Session | Chaptered
Bill Title: Vehicles: commercial driver's licenses: traffic violator
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-09-13 - Chaptered by Secretary of State - Chapter 302, Statutes of 2012. [AB1888 Detail]
Download: California-2011-AB1888-Chaptered.html
BILL NUMBER: AB 1888 CHAPTERED
BILL TEXT
CHAPTER 302
FILED WITH SECRETARY OF STATE SEPTEMBER 13, 2012
APPROVED BY GOVERNOR SEPTEMBER 13, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 13, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 22, 2012
AMENDED IN ASSEMBLY APRIL 25, 2012
INTRODUCED BY Assembly Member Gatto
(Coauthor: Senator Lieu)
FEBRUARY 22, 2012
An act to amend Section 42005 of, and to add Section 1808.10 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1888, Gatto. Vehicles: commercial driver's licenses: traffic
violator school.
Existing law provides for the licensing and administration by the
Department of Motor Vehicles of traffic violator schools, operators,
and instructors. Existing law authorizes the court, after a deposit
of bail and bail forfeiture, a plea of guilty or no contest, or a
conviction, to order a continuance of the proceeding against a person
who receives a notice to appear in court for a violation of a
statute relating to the safe operation of a vehicle, in consideration
for completion of a program at a licensed school for traffic
violators. The court is authorized to order that the conviction be
held confidential, unless the person holds a commercial driver's
license or the violation occurred in a commercial vehicle. The court
is prohibited from ordering or permitting a person who holds a class
A, class B, or commercial class C driver's license to complete a
licensed traffic violator school. Existing law requires that no
violation point count be assessed if the record of conviction is
confidential. The driving privilege of a person whose driving record
shows 6 or more points within specified timeframes is subject to
suspension or revocation. A violation of the Vehicle Code is a crime.
This bill would allow the court, after a deposit of the specified
fee or bail, a plea of guilty or no contest, or a conviction, to
order or permit a person who holds a class A license, class B
license, or commercial class C driver's license to attend a traffic
violator school for a traffic offense while operating a vehicle
requiring only a class C or class M license. The bill would specify
that the record of conviction in any 18-month period would not be
confidential, would require that the record of conviction be
disclosed to insurers for insurance underwriting and rating purposes,
and would not count as a violation point for determining whether a
driver is presumed to be a negligent operator, unless a specified
condition applies to the offense.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1808.10 is added to the Vehicle Code, to read:
1808.10. The record of the department relating to the first
proceeding and conviction for a driver licensed with a class A
license, class B license, or commercial class C driver's license in
any 18-month period who is allowed, for a traffic offense while
operating a vehicle requiring only a class C or a class M license, to
complete a course of instruction at a traffic violator school, is
not confidential and shall be disclosed for purposes of Title 49 of
the Code of Federal Regulations and to insurers by the department for
insurance underwriting and rating purposes.
SEC. 2. Section 42005 of the Vehicle Code is amended to read:
42005. (a) Except as otherwise provided in this section, after a
deposit of the fee under Section 42007 or bail, a plea of guilty or
no contest, or a conviction, a court may order or permit a person who
holds a noncommercial class C, class M1, or class M2 driver's
license who pleads guilty or who pleads no contest or who is
convicted of a traffic offense to attend a traffic violator school
licensed pursuant to Chapter 1.5 (commencing with Section 11200) of
Division 5.
(b) To the extent the court is in conformance with Title 49 of the
Code of Federal Regulations, and except as otherwise provided in
this section, the court may, after deposit of the fee under Section
42007 or bail, order or permit a person who holds a class A, class B,
or commercial class C driver's license, who pleads guilty or no
contest or is convicted of a traffic offense, to complete a course of
instruction at a licensed traffic violator school if the person was
operating a vehicle requiring only a class C license, or a class M
license. The court may not order that the record of conviction be
kept confidential. However, the conviction shall not be added to a
violation point count for purposes of determining whether a driver is
presumed to be a negligent operator under Section 12810.5.
(c) The court shall not order that a conviction of an offense be
kept confidential according to Section 1808.7, order or permit
avoidance of consideration of violation point counts under
subdivision (b), or permit a person, regardless of the driver's
license class, to complete a program at a licensed traffic violator
school in lieu of adjudicating an offense if any of the following
applies to the offense:
(1) It occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(2) Is a violation of Section 20001, 20002, 23103, 23104, 23105,
23140, 23152, or 23153, or of Section 23103, as specified in Section
23103.5.
(3) It is a violation described in subdivision (d) or (e) of
Section 12810.
(d) A person ordered to attend a traffic violator school pursuant
to subdivision (a) or (b) may choose the traffic violator school the
person will attend. The court shall provide to each person subject to
that order or referral the department's current list of licensed
traffic violator schools.
(e) A person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
