12650. (a) Any student over 15 years of age taking a course in
automobile driver training, maintained pursuant to Article 12
(commencing with Section 41900) of Chapter 5 of Part 24 of Division 3
of Title 2 of the Education Code, in a secondary school or enrolled
in a driver training course offered by a private or parochial school
of secondary level may apply to the principal of the school for a
student license.
(b) The application shall be signed by the applicant before the
principal of the school, or a staff member assigned to such duty.
The application shall be accompanied by a statement signed by the
parents or guardian or person having custody of the minor, consenting
to the issuance of a student license to the student and accepting
liability for civil damages arising out of the student driving a
motor vehicle upon a highway as provided for in Division 9
(commencing with Section 17000) of this code.
(c) Notwithstanding any other provision of this code, if the
person or persons required to sign a statement consenting to the
issuance of a student license and accepting liability as provided in
subdivision (b) are not residents of this state and the student
resides at the school, or the student is a foster child with no
parents or guardian available to sign this statement, the application
may be accepted if the principal of the school or staff member
assigned such duties certifies that the school has filed with the
department a certificate of insurance carrier or surety company that
there is in effect a policy or bond meeting the requirements of
Section 16056, and that such policy or bond will cover the liability
for civil damages arising out of the student driving a motor vehicle
upon a highway.
12651. The principal or staff member assigned such duty may issue
or reissue a student license without cost whenever in his opinion the
applicant is qualified to take the course of instruction and has
filed a proper application therefor.
12652. A student license shall limit the operation of a motor
vehicle to such times as the licensee is taking driver training in
connection with the driver education program and then only at the
direction and under the supervision of the instructor and shall be
valid only for the period covered by the course and for not more than
one year from the date of issuance.
12653. A student license may be canceled by the principal of the
school or by the department whenever, in the opinion of either, the
safety of the licensee or other persons requires the action and shall
be canceled upon the written request of the parent or other person
who signed the consent to issue the license.
12660. (a) The department may establish a program authorizing a
driving school licensed pursuant to Chapter 1 (commencing with
Section 11100) of Division 5 to issue a student license to operate a
class 3 vehicle to any applicant 15 years of age or older, subject to
the conditions specified in subdivision (d).
(b) The department may charge any driving school participating in
the program a fee not to exceed two dollars ($2) per applicant to
recover the department's cost in establishing and monitoring the
program. The fee that a participating school may charge an applicant
for a student license may not exceed the fee which the department
charges the school for the license.
(c) The department may remove a driving school from the program if
the department determines that the school has issued a student
license fraudulently, or has otherwise not followed the requirements
of the program. This fraudulent conduct may result in cause for
suspension or revocation of the driving school license.
(d) (1) Applicants shall meet the qualification standards
specified in regulations adopted by the department pursuant to
Section 12661. The student license application shall be accompanied
by a statement signed by the parents or guardian, or person having
custody of the minor, consenting to the issuance of a student license
to the applicant.
(2) No licensed driving school shall issue a student license to
any applicant under the age of 17 years and six months unless that
applicant shows either proof of enrollment in, or satisfactory
completion of, an approved course in driver education, pursuant to
standards specified in paragraph (4) of subdivision (a) of Section
12814.6.
(e) A driving school owner or an independent instructor licensed
under Section 11105.5 shall maintain liability insurance for bodily
injury or property damage caused by the use of a motor vehicle in
driving instruction, and for the liability of the driving school, the
instructor, and the student, in accordance with Section 11103.
(f) The department shall submit a report to the Legislature on the
progress of the program established pursuant to subdivision (a)
within two years after the program is implemented. The report shall
include, but not be limited to, an analysis of the costs and benefits
of the program and shall include recommendations by the department.
(g) The director may terminate the program at any time the
department determines that continued operation of the program would
have an adverse effect on traffic safety. The finding upon which the
termination is based shall be reported to the Legislature within 30
days following termination of the program.
12661. The department, in consultation with the State Department of
Education, shall adopt regulations for the issuance of student
licenses pursuant to Section 12660. The department and the State
Department of Education shall seek advice and input on those
regulations from the public, law enforcement, and the driving school
industry. The regulations shall include all of the following:
(a) Standards and procedures for the issuance of student licenses
pursuant to Section 12660, including the determination of an
applicant's qualifications under Section 12805.
(b) Standards and procedures to ensure that all records of a
driving school relating to the physical or mental condition of any
student are confidential, except to the department.
(c) Standards and procedures for monitoring the issuance of
student licenses.
(d) A requirement that each student license issued pursuant to
Section 12660 be accompanied by a verbal and written description of
the limitations of that license in terms of duration and use.
(e) Any other requirements necessary to carry out Section 12660.
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