BILL NUMBER: AB 2040 CHAPTERED 09/27/04 CHAPTER 801 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2004 APPROVED BY GOVERNOR SEPTEMBER 27, 2004 PASSED THE ASSEMBLY AUGUST 24, 2004 PASSED THE SENATE AUGUST 18, 2004 AMENDED IN SENATE JUNE 23, 2004 AMENDED IN ASSEMBLY MAY 3, 2004 AMENDED IN ASSEMBLY APRIL 1, 2004 INTRODUCED BY Assembly Member La Suer FEBRUARY 17, 2004 An act to amend Sections 13369, 15250, and 15275 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2040, La Suer. Vehicles: hazardous materials endorsement. (1) Existing law prohibits a person from operating a commercial motor vehicle, as defined, unless that person has in his or her possession a valid commercial driver's license for the appropriate class and an endorsement issued by the Department of Motor Vehicles to permit the operation of the vehicle. Operation of a vehicle transporting hazardous materials, as defined, requires a hazardous materials endorsement. This bill would specify that compliance with certain federal regulations relating to credentialing and background checks for maritime and land transportation security is required for issuance of a hazardous materials endorsement and would make conforming changes. This bill would require the department, before an application for an original or renewal of a commercial driver's license with a hazardous materials endorsement is submitted to the United States Transportation Security Administration for the processing of a security threat assessment, to complete a check of an applicant's driving record to ensure that the person is not subject to any disqualification under federal regulations. The bill would provide for the reissuance or restoration of a hazardous materials endorsement to an applicant whose endorsement, upon appeal, has been ordered reinstated by the United States Transportation Security Administration. (2) This bill incorporates additional changes to Section 13369 of the Vehicle Code proposed by AB 3049, to become operative only if AB 3049 and this bill are both chaptered and become effective on or before January 1, 2005, and this bill is chaptered last. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2005, but this bill becomes operative first, (2) each bill amends Section 13369 of the Vehicle Code, and (3) this bill is enacted after AB 3049, in which case Section 13369 of the Vehicle Code, as amended by Section 1 of this bill, shall remain operative until September 20, 2005, at which time Section 1.5 by this bill shall become operative. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13369 of the Vehicle Code is amended to read: 13369. (a) This section applies to the following endorsements and certificates: (1) Passenger transportation vehicle. (2) Hazardous materials. (3) Schoolbus. (4) School pupil activity bus. (5) Youth bus. (6) General public paratransit vehicle. (7) Farm labor vehicle. (8) Vehicle used for the transportation of developmentally disabled persons. (b) The department shall refuse to issue or renew, or shall revoke, the certificate or endorsement of a person who meets any of the following conditions: (1) Within the preceding three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5. The department may not refuse to issue or renew, nor may it revoke a person's hazardous materials or passenger transportation vehicle endorsement if the violation leading to the conviction occurred in the person's private vehicle and not in a commercial motor vehicle, as defined in Section 15210. (2) Within the preceding three years, has had his or her driving privilege suspended, revoked, or on probation for any reason involving unsafe operation of a motor vehicle. The department may not refuse to issue or renew, nor may it revoke, a person's passenger transportation vehicle endorsement if the person's driving privilege has, within the preceding three years, been placed on probation only for any reason involving unsafe operation of a motor vehicle, or if Section 13353.6 applies. (3) Notwithstanding paragraphs (1) and (2), does not meet the qualifications for issuance of a hazardous materials endorsement set forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal Regulations. (c) The department may refuse to issue or renew, or may suspend or revoke the certificate or endorsement of a person who meets any of the following conditions: (1) Within the preceding 12 months, has been involved as a driver in three accidents in which the driver caused or contributed to the causes of the accidents. (2) Within the preceding 24 months, as a driver, caused or contributed to the cause of an accident resulting in a fatality or serious injury or serious property damage in excess of seven hundred fifty dollars ($750). (3) Has violated any provision of this code, or any rule or regulation pertaining to the safe operation of a vehicle for which the certificate or endorsement was issued. (4) Has violated any restriction of the certificate, endorsement, or commercial driver's license. (5) Has knowingly made a false statement or concealed a material fact on an application for a certificate or endorsement. (6) Has been determined by the department to be a negligent or incompetent operator. (7) Has demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the applicant's ability to perform the duties of a driver may be impaired. (8) Excessively or habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs. (9) Does not meet the minimum medical standards established or approved by the department. (d) The department may cancel the certificate or endorsement of any driver who meets any of the following conditions: (1) Does not have a valid driver's license of the appropriate class. (2) Has requested cancellation of the certificate or endorsement. (3) Has failed to meet any of the requirements for issuance or retention of the certificate or endorsement, including, but not limited to, payment of the proper fee, submission of an acceptable medical report and fingerprint cards, and failure to meet prescribed training requirements. (4) Has had his or her driving privilege suspended or revoked for a cause involving other than the safe operation of a motor vehicle. (e) With regard to a violation, accident, or departmental action that occurred prior to January 1, 1991, subdivision (a) and paragraphs (1), (2), and (3) of subdivision (b) do not apply to a driver holding a valid passenger transport or hazardous materials endorsement, or a valid class 1 or class 2 driver's license who is applying to convert that license to a class A or class B driver's license with a passenger transport or hazardous materials endorsement, if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement, or a valid class 3 driver's license who is applying for a class C driver's license with a hazardous materials endorsement if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement. (f) Subdivision (e) does not apply to drivers applying for a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle certificate. (g) (1) Reapplication following denial or revocation under subdivision (b) or (c) may be made after a period of not less than one year from the effective date of denial or revocation, except in cases where a longer period of suspension or revocation is required by law. (2) Reapplication following cancellation under subdivision (e) may be made any time without prejudice. SEC. 1.5. Section 13369 of the Vehicle Code is amended to read: 13369. (a) This section applies to the following endorsements and certificates: (1) Passenger transportation vehicle. (2) Hazardous materials. (3) Schoolbus. (4) School activity bus. (5) Youth bus. (6) General public paratransit vehicle. (7) Farm labor vehicle. (8) Vehicle used for the transportation of developmentally disabled persons. (b) The department shall refuse to issue or renew, or shall revoke the certificate or endorsement of any person who meets the following conditions: (1) Within the preceding three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5. The department shall not refuse to issue or renew, nor shall it revoke, a person's hazardous materials or passenger transportation vehicle endorsement if the violation leading to the conviction occurred in the person's private vehicle and not in a commercial motor vehicle, as defined in Section 15210. (2) Within the preceding three years, has had his or her driving privilege suspended, revoked, or on probation for any reason involving unsafe operation of a motor vehicle. The department shall not refuse to issue or renew, nor shall it revoke, a person's hazardous materials or passenger transportation vehicle endorsement if the person's driving privilege has, within the preceding three years, been placed on probation only for any reason involving unsafe operation of a motor vehicle. (3) Notwithstanding paragraphs (1) and (2), does not meet the qualifications for issuance of a hazardous materials endorsement set forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal Regulations. (c) The department may refuse to issue or renew, or may suspend or revoke the certificate or endorsement of any person who meets any of the following conditions: (1) Within the preceding 12 months, has been involved as a driver in three accidents in which the driver caused or contributed to the causes of the accidents. (2) Within the preceding 24 months, as a driver, caused or contributed to the cause of an accident resulting in a fatality or serious injury or serious property damage in excess of seven hundred fifty dollars ($750). (3) Has violated any provision of this code, or any rule or regulation pertaining to the safe operation of a vehicle for which the certificate or endorsement was issued. (4) Has violated any restriction of the certificate, endorsement, or commercial driver's license. (5) Has knowingly made a false statement or concealed a material fact on an application for a certificate or endorsement. (6) Has been determined by the department to be a negligent or incompetent operator. (7) Has demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the applicant's ability to perform the duties of a driver may be impaired. (8) Excessively or habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs. (9) Does not meet the minimum medical standards established or approved by the department. (d) The department may cancel the certificate or endorsement of any driver who: (1) Does not have a valid driver's license of the appropriate class. (2) Has requested cancellation of the certificate or endorsement. (3) Has failed to meet any of the requirements for issuance or retention of the certificate or endorsement, including, but not limited to, payment of the proper fee, submission of an acceptable medical report and fingerprint cards, and has failed to meet prescribed training requirements. (4) Has had his or her driving privilege suspended or revoked for a cause involving other than the safe operation of a motor vehicle. (e) With regard to a violation, accident, or departmental action that occurred prior to January 1, 1991, subdivision (a) and paragraphs (1), (2), and (3) of subdivision (b) do not apply to a driver holding a valid passenger transport or hazardous materials endorsement, or a valid class 1 or class 2 driver's license who is applying to convert that driver's license to a class A or class B driver's license with a passenger transport or hazardous materials endorsement, if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement, or a valid class 3 driver's license who is applying for a class C driver's license with a hazardous materials endorsement if the driver submits proof that he or she is currently employed operating vehicles requiring the endorsement. (f) Subdivision (e) does not apply to drivers applying for a schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or farm labor vehicle certificate. (g) (1) Reapplication following denial or revocation under subdivision (b) or (c) may be made after a period of not less than one year from the effective date of denial or revocation, except in cases where a longer period of suspension or revocation is required by law. (2) Reapplication following cancellation under subdivision (e) may be made any time without prejudice. (h) This section shall become operative on September 20, 2005. SEC. 2. Section 15250 of the Vehicle Code is amended to read: 15250. (a) (1) A person may not operate a commercial motor vehicle unless that person has in his or her immediate possession a valid commercial driver's license of the appropriate class. (2) A person may not operate a commercial motor vehicle while transporting hazardous materials unless that person has in his or her possession a valid commercial driver's license with a hazardous materials endorsement. An instruction permit does not authorize the operation of a vehicle transporting hazardous materials. (b) (1) Before an application for an original or renewal of a commercial driver's license with a hazardous materials endorsement is submitted to the United States Transportation Security Administration for the processing of a security threat assessment, as required under Part 1572 of Title 49 of the Code of Federal Regulations, the department shall complete a check of the applicant's driving record to ensure that the person is not subject to a disqualification under Part 383.51 of Title 49 of the Code of Federal Regulations. (2) A person may not be issued a commercial driver's license until he or she has passed a written and driving test for the operation of a commercial motor vehicle which complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (P.L. 99-570) and Part 383 of Title 49 of the Code of Federal Regulations, and has satisfied all other requirements of that act as well as any other requirements imposed by this code. (c) The tests shall be prescribed and conducted by or under the direction of the department. The department may allow a third-party tester to administer the driving test part of the examination required under this section and Section 15275 if all of the following conditions are met: (1) The tests given by the third party are the same as those that would otherwise be given by the department. (2) The third party has an agreement with the department including, but not limited to, the following provisions: (A) Authorization for the United States Secretary of Transportation, or his or her representative, and the department, or its representative, to conduct random examinations, inspections, and audits without prior notice. (B) Permission for the department, or its representative, to conduct onsite inspections at least annually. (C) A requirement that all third-party testers meet the same qualification and training standards as the department's examiners, to the extent necessary to conduct the driving skill tests in compliance with the requirements of Part 383 of Title 49 of the Code of Federal Regulations. (D) The department may cancel, suspend, or revoke the agreement with a third-party tester if the third-party tester fails to comply with the standards for the commercial driver's license testing program, or with any other term of the third-party agreement, upon 15 days prior written notice of the action to cancel, suspend, or revoke the agreement by the department to the third party. Any action to appeal or review any order of the department canceling, suspending, or revoking a third-party testing agreement shall be brought in a court of competent jurisdiction under Section 1085 of the Code of Civil Procedure, or as otherwise permitted by the laws of this state. The action shall be commenced within 90 days from the effective date of the order. (E) Any third-party tester whose agreement has been canceled pursuant to subparagraph (D) may immediately apply for a third-party testing agreement. (F) A suspension of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of less than 12 months as determined by the department. After the period of suspension, the agreement shall be reinstated upon request of the third-party tester. (G) A revocation of a third-party testing agreement pursuant to subparagraph (D) shall be for a term of not less than one year. A third-party tester may apply for a new third-party testing agreement after the period of revocation and upon submission of proof of correction of the circumstances causing the revocation. (H) Authorization for the department to charge the third-party tester a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the third-party testing program, and for carrying out any other activities deemed necessary by the department to ensure sufficient training for the drivers participating in the program. (3) Except as provided in Section 15250.3, the tests given by the third party shall not be accepted in lieu of tests prescribed and conducted by the department for applicants for a passenger vehicle endorsement specified in paragraph (2) of subdivision (a) of Section 15278, if the applicant operates or will operate a tour bus. (d) Commercial driver's license applicants who take and pass driving tests administered by a third party shall provide the department with certificates of driving skill satisfactory to the department that the applicant has successfully passed the driving tests administered by the third party. (e) Implementation dates for the issuance of a commercial driver's license pursuant to this chapter may be established by the department as it determines is necessary to accomplish an orderly commercial driver's license program. SEC. 3. Section 15275 of the Vehicle Code is amended to read: 15275. (a) A person may not operate a commercial motor vehicle described in this chapter unless that person has in his or her possession a valid commercial driver's license for the appropriate class, and an endorsement issued by the department to permit the operation of the vehicle unless exempt from the requirement to obtain an endorsement pursuant to subdivision (b) of Section 15278. (b) (1) An endorsement to drive vehicles specified in this article shall be issued only to applicants qualified by examinations prescribed by the department and who meet the minimum standards established in Part 383 of Title 49 of the Code of Federal Regulations. (2) A hazardous materials endorsement shall be issued only to applicants who comply with paragraph (1) and the requirements set forth in Part 1572 of Title 49 of the Code of Federal Regulations. (c) The department may deny, suspend, revoke, or cancel an endorsement to drive vehicles specified in this article when the applicant does not meet the qualifications for the issuance or retention of the endorsement. (d) If the department denies, suspends, revokes, or cancels a hazardous materials endorsement because the department received notification that the applicant poses a security threat pursuant to Part 1572 of Title 49 of the Code of Federal Regulations and, upon appeal by the United States Transportation Security Administration, that endorsement is ordered reinstated, the department shall issue or restore the hazardous materials endorsement to the applicant within the period specified under those federal regulations. SEC. 4. Section 1.5 of this bill incorporates amendments to Section 13369 of the Vehicle Code proposed by both this bill and AB 3049. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2005, (2) each bill amends Section 13369 of the Vehicle Code, and (3) this bill is enacted after AB 3049, in which case Section 13369 of the Vehicle Code, as amended by Section 1 of this bill, shall be operative only until September 20, 2005, at which time Section 1.5 of this bill shall become operative.