AB 291

Under current law, the Department of Transportation (DOT) may issue an

instruction permit to a person who is at least 15 years and 6 months of age, who has

passed a knowledge test, who, if under 18 years of age, has enrolled in an approved

driver education and training course, and who, except for age or lack of training in

the operation of a motor vehicle, is qualified to obtain an operator's license. The

permit remains valid for 12 months unless cancelled by DOT. The permit authorizes

the person to operate most motor vehicles (excluding commercial motor vehicles,

school buses, and Type 1 motorcycles), subject to certain restrictions, including

restrictions related to persons required to accompany the permittee while operating

a motor vehicle, persons who may be passengers in a motor vehicle operated by the

permittee, and hours during which the permittee may operate a motor vehicle.

Under current law, a person who is at least 16 years of age and who is otherwise

qualified (including having passed a knowledge test and, if under 18 years of age,

having completed a driver education and training course and a basic motorcycle rider

course) may obtain a Type 1 motorcycle instruction permit. The permit is valid for

six months but may be renewed. The permit authorizes the person to operate a Type

1 motorcycle subject to certain restrictions related to persons who may accompany

the permittee on a motorcycle and hours during which the permittee may operate a

motorcycle.

This bill creates an additional restriction that a person operating a motor

vehicle under an instruction permit may not operate the motor vehicle, and a person

operating a motorcycle under a motorcycle instruction permit may not operate the

motorcycle, while using a cellular telephone or other wireless telecommunications

device (cellular telephone), except to report an emergency.

Under current law, a probationary license is, with certain exceptions, issued to

all applicants who qualify for an original driver's license and remains in effect for two

years from the date of the licensee's next birthday. During the first nine months

following issuance of a probationary license, a probationary licensee who is under 18

years of age is subject, with limited exceptions, to certain restrictions on the

operation of "Class D" vehicles (automobiles and most other motor vehicles),

including restrictions related to persons who may be passengers in a motor vehicle

operated by the licensee and hours during which the licensee may operate a motor

vehicle.

This bill creates an additional restriction that a probationary licensee who is

under 18 years of age may not, during the first nine months following issuance of the

probationary license, operate a "Class D" vehicle while using a cellular telephone,

except to report an emergency. The same exceptions that apply to existing

restrictions on the licensee also apply to this new restriction.

Under current law, a person holding a probationary license or instruction

permit who violates operating restrictions must forfeit $50 for a first offense and not