BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 1648
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  jeffries
                                                         VERSION: 5/24/10
          Analysis by:  Jennifer Gress                   FISCAL:  yes
          Hearing date:  June 22, 2010





          SUBJECT:

          Driver's licenses for firefighters

          DESCRIPTION:

          This bill changes the type of driver's license required to  
          operate firefighting equipment from a class A or B commercial  
          driver's license (CDL) or a restricted firefighting license to a  
          class C license with a firefighter endorsement and allows a  
          person without such an endorsement to operate firefighting  
          equipment for training purposes during non-emergencies provided  
          the driver is accompanied by a properly licensed driver.

          ANALYSIS:

           Class of driver's licenses in general
           Existing law prescribes different classes of driver's licenses  
          for different types of vehicles.  

          A class C license is the most common driver's license, typically  
          used to operate passenger cars and pick-up trucks, and is valid  
          for the operation of the following vehicles.

          A class B license is valid for the operation of the following  
          vehicles:

                 All vehicles covered in class C
                 A single vehicle with three or more axles weighing more  
               than 6,000 pounds
                 A bus except a trailer bus
                 A farm labor vehicle
                 A single vehicle with three or more axles or a GVWR of  
               more than 26,000 pounds towing another vehicle with a GVWR  
               of 10,000 pounds or less
                 A house car over 40 feet in length




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          A class A license is valid to operate the following vehicles:

                 All vehicles covered in Class B and C
                 A combination of vehicles, if a vehicle being towed has  
               a GVWR of more than 10,000 pounds
                 A vehicle towing more than one vehicle
                 A trailer bus

           Licensing requirements to operate firefighting equipment  
          Firefighting equipment is defined as "a motor vehicle used to  
          travel to and from the scene of any emergency situation, or to  
          transport equipment used in the control of any emergency  
          situation, and which is owned, leased, or rented by, or under  
          the exclusive control of, a federal or state agency, a regularly  
          organized fire department of a city, county, city and county, or  
          district, or a volunteer fire department having official  
          recognition of the city, county, city and county, or district in  
          which the department is located."  To operate firefighting  
          equipment, current law requires a person to hold a valid  
          commercial driver's license for the appropriate class of vehicle  
          or a restricted commercial license.  Many types of fire  
          equipment are vehicles that require a class A or B driver's  
          license.

          DMV may also issue a restricted license, which is only valid for  
          the operation of firefighting equipment and vehicles that  
          require a class C license.  These licenses are also subject to  
          the commercial licensing program and, with two exceptions, have  
          many of the same requirements as an unrestricted, class A or B  
          commercial driver's license.  

          To become licensed to drive a commercial vehicle, including  
          firefighter equipment, an applicant must pass a written exam and  
          a behind-the-wheel driving test that is appropriate for the type  
          of motor vehicle the applicant requires a license to drive.  The  
          applicant must also pass hearing and eyesight tests and provide  
          a report from a medical examination that has been conducted no  
          longer than two years prior to the application for a driver's  
          license.  The DMV conducts the written exam and may conduct the  
          driving exam; however, DMV also authorizes certain third-party  
          testers to conduct the driving exam under its Employer Testing  
          Program (ETP).  

          The ETP allows transportation firms, including fire departments  
          that meet specified conditions, to administer driving tests for  




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          their employees seeking a commercial driver's license.  The  
          driving tests given by third-party testers must be equivalent to  
          those given by DMV.  Once a driver passes the behind-the-wheel  
          driving test, he or she takes the test results to DMV who  
          ensures all other requirements have been met and then issues the  
          license.  

          While driving, a person must have in his or her immediate  
          possession a valid driver's license appropriate for the vehicle  
          he or she is driving.  Firefighters, if they have been issued an  
          appropriate driver's license, are exempt from the requirement of  
          having it in their immediate possession when responding to or  
          returning from the scene of an emergency.  

           Sanctions for commercial vs. noncommercial licenses
           As noted above, the driver's licenses required to operate  
          firefighting equipment are subject to the commercial licensing  
          program.  The commercial licensing program imposes stricter  
          sanctions on drivers who violate motor vehicle laws than those  
          that typically apply to drivers with noncommercial licenses.   
          For example, noncommercial licenses may be suspended or revoked  
          if the driver accrues on his or her driving record four or more  
          violation points in 12 months, six or more points in 24 months,  
          or eight or more points in 36 months.  In contrast, a person's  
          commercial license may be suspended or revoked if the driver  
          accrues six or more points in 12 months, eight or more points in  
          24 months, or 10 or more points in 36 months, with some  
          exceptions. Additionally, points accrue on a commercial driver's  
          license even if the violation occurred in a vehicle that does  
          not require a commercial license to drive such as passenger  
          vehicle that require only a class C license.  Moreover, for  
          violations that occur while operating a commercial vehicle, each  
          point assigned for the violation is valued at one and one-half  
          times the value otherwise required by law. 

           Pull-notice program for commercial vehicles  
          Employers of drivers of commercial vehicles, which are vehicles  
          that transport goods or people for-hire, are required to  
          participate in the "pull-notice" system.  The pull-notice system  
          is a process whereby DMV provides a report to the employer  
          showing the driver's current driving record and anything added  
          to the record while the driver is employed with the company.   
          The employer must also obtain from DMV periodic reports that  
          verify that each employee's driver's license has not been  
          suspended or revoked, state the employee's traffic violation  
          point count, and indicate whether the employee has been  




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          convicted of operating a vehicle under the influence of drugs or  
          alcohol.  The employer must maintain these reports at its  
          principal place of business and present the reports upon demand  
          to the California Highway Patrol.  DMV charges a fee to  
          employers who participate in the pull-notice program with the  
          exception of government agencies who are exempt from this fee.  

           This bill  changes the type of driver's license required to  
          operate firefighting equipment from a class A or B commercial  
          driver's license (CDL) or a restricted firefighting license to a  
          class C license with a firefighter endorsement.  In  
          accomplishing this objective, the bill does all of the  
          following:

           Provides that firefighting equipment with a GVWR greater than  
            26,000 is not subject to a class A or B license and allows a  
            person to operate firefighting equipment with a GVWR greater  
            than 26,000 pounds if he or she obtains a firefighter  
            endorsement on his or her class A, B, or C license.

           Deletes DMV's authority to issue a restricted license valid  
            only for the operation of firefighting equipment.

           Provides that to be eligible for a firefighter endorsement, a  
            person must provide to DMV proof of employment with a fire  
            department, provide evidence that the person has received  
            training in fire equipment operation, and pass a written  
            firefighter exam developed jointly by DMV and the State Fire  
            Marshall's Office.

           Subjects a "tiller operator" to the licensing requirement.  A  
            tiller operator is defined as "the driver of the rear  
            free-axle portion of a ladder truck."

           Allows a person to operate firefighting equipment without the  
            firefighter endorsement if the driver is operating the  
            equipment for training purposes, during a non-emergency, and  
            is accompanied by and under the supervision of a fire  
            department employee who is properly licensed to operate the  
            equipment.

           Deletes the exemption from the requirement that a firefighter,  
            when he or she has been issued a valid license appropriate for  
            the vehicle being driven, must have in his or her immediate  
            possession a license appropriate for the vehicle he or she is  
            driving when responding to or returning from an emergency.




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           Deletes the requirement that the drive test and pre-test  
            inspection for a license necessary to operate firefighting  
            equipment be done in accordance with the requirements of the  
            commercial licensing program, thus exempting DMV and  
            firefighters from having to use a drive test intended for  
            commercial licenses.

           Provides that DMV shall not charge a fire department a fee to  
            participate in the pull-notice system.  

           Provides that the licensing requirement applies to a person  
            seeking a license to operate firefighting equipment or who is  
            renewing his or her license as of January 1, 2011.
          
          COMMENTS:

           1.Purpose  .  The author indicates that the requirements for  
            employers to operate an ETP program will become increasingly  
            more cumbersome in the next few years.  The burdens placed on  
            fire departments by these new changes will, according to the  
            author, cripple the ability of nearly all fire departments  
            throughout the state to operate a program.  Because fire  
            departments will be unlikely to participate in the program and  
            test their own drivers, fire departments will have to send  
            their firefighters seeking an appropriate license for  
            firefighting equipment to one of DMV's commercial drive test  
            facilities.  The problem is that DMV is expected to reduce the  
            number of these facilities statewide from 30 to eight.  The  
            author is concerned that eight commercial drive test  
            facilities will be unable to meet the needs of fire  
            departments throughout the entire state, particularly those  
            located in rural areas.  A fire department would risk losing  
            both personnel and equipment if firefighters have to travel  
            long distances in order to take the test.  Also, many fire  
            departments prefer tests in local locations because it tests a  
            driver's ability on local roads, which may be very different  
            than those at the commercial drive test facilities. 
           
            The bill addresses this problem by moving firefighting  
            licenses out of the commercial licensing program.  The author  
            explains that this bill is the product of over nine months of  
            stakeholder meetings, negotiations, and statewide gatherings  
            of fire officials.  The author has met with representatives  
            from DMV while developing this bill and has consistently  
            communicated any and all concerns to DMV.  This bill is  




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            anticipated to save the DMV significant amounts of money as it  
            will relieve demand on its commercial drive test facilities.
            
          2.Third-party testing fraud  .  DMV confirms that the federal  
            requirements for operating an ETP program will become  
            stricter, explaining that the Office of Inspector General in  
            the U.S. Department of Transportation has identified numerous  
            example of third-party testing fraud.  Furthermore, in its own  
            36-month investigation, the Federal Motor Carrier Safety  
            Administration identified over 15,000 individuals suspected of  
            obtaining commercial driver's licenses fraudulently and  
            third-party testers were the primary source of the fraud. 
           
           3.Standards to operate fire equipment too low  ?  Current law  
            requires all drivers to obtain the class of license that is  
            appropriate for the vehicle they expect to drive and to be  
            tested for that vehicle.  Most firefighting equipment meets  
            the definition of a class B vehicle and to obtain a class B  
            license under current law, a firefighter would have to be  
            drive tested in a class B vehicle.  Not only does this bill  
            exempt firefighting equipment from the commercial licensing  
            program, it also excepts firefighting equipment from the list  
            of class A or B vehicles, meaning that a person who seeks to  
            operate a large fire truck will be able to do so after  
            obtaining only a class C license.  In other words, the only  
            requirements that a person must meet to operate fire equipment  
            are that a person have a class C license and pass a written  
            exam.   Missing from the licensing process in this bill is a  
            drive test in the type of vehicle that the person expects to  
            operate and a medical exam.  

            The author argues that drive testing has become prohibitive,  
            because of changing requirements for ETPs and the long  
            distances that rural firefighters must travel to be tested by  
            DMV and questions whether a drive test performed by a DMV  
            employee provides a good indication of a person's ability to  
            operate firefighting equipment.  Furthermore, the author  
            argues that, under this bill, the applicant for a firefighter  
            endorsement must provide proof of training.  While the bill  
            does require evidence of training, it does not specify any  
            standards or requirements that the firefighter must meet.  

            To accommodate the issues raised by rural fire departments  
            regarding the difficulty they face being drive tested, but to  
            ensure that firefighting operators are qualified to operate  
            firefighting equipment, the committee may wish to amend this  




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            bill to require all persons who seek a firefighter endorsement  
            to successfully complete Fire Apparatus Drive/Operator 1A or  
            an equivalent curriculum approved by the State Board of Fire  
            Services.  Driver/Operator 1A is a course developed by the  
            California State Fire Marshall's Office and is required of all  
            firefighters who operate firefighting equipment for the  
            California Department of Fire (CalFire).  The curriculum  
            provides 40 hours of training, including 14 hours of drive  
            training, and provides a certification exam.  Furthermore,  
            this curriculum is widely available throughout the state.   
            Offered through the California Fire Academy System, which is a  
            partnership between the community college system and fire  
            departments, the State Marshall's Office ensures that a course  
            is offered at a location that is within a one-hour's drive of  
            fire departments throughout the state, including very rural  
            areas.  The cost of training is $80 plus the fee that a  
            community college (or other provider) charges for a course.  

            In addition to requiring training, the committee may wish to  
            require that a person operating firefighting equipment also  
            undergo a medical exam or submit medical information that is  
            currently required for class A and B license. 
           
           4.Definition of "firefighting equipment" too narrow  ?  Because  
            "firefighting equipment" is defined in this bill as a vehicle  
            having a GVWR above 26,000 pounds, the firefighter endorsement  
            is only needed to operate those vehicles.  A person with a  
            class C license could, under this bill, drive equipment to an  
            emergency without needing the endorsement, provided the  
            equipment has a GVWR of less than 26,000 pounds.  Firefighting  
            equipment includes a range of different types of vehicles,  
            including pumper trucks, brush trucks, command center  
            vehicles, ambulances, and quick-rescue vehicles, most but not  
            all of which has a GVWR of 26,000.  Current law requires a  
            commercial driver's license to operate any fire equipment.  To  
            ensure that the same drivers of fire equipment required to  
            have a commercial's driver's license under current law are  
            subject to the firefighter endorsement under this bill, the  
            author or committee may wish to restore the definition of  
            "firefighting equipment" that exists in current law and  
            require that a firefighter endorsement be required to operate  
            any firefighting equipment.  

           5.Pull-notice system  .  Because operating firefighting equipment  
            requires a commercial license, fire departments are required  
            to participate in the pull-notice system for each driver it  




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            employed.  This bill allows fire departments to continue  
            participating, and exempts them from the fee to do so, but  
            does not require it.  To ensure that fire departments have  
            updated information about the driving records of its  
            firefighters, the author or committee may wish to consider an  
            amendment that would require fire departments to participate  
            in the pull-notice system.

           6.Authorize fire departments to require a class A or B license  .   
            The problem this bill seeks to address applies more to rural  
            fire departments than it does to fire departments in urban  
            areas.  Fire departments in urban areas often employ  
            professional firefighters and provide extensive training and  
            testing that prepare them to operate class A or B vehicles.   
            These fire departments may not desire to change its procedures  
            and requirements for operating firefighting equipment.   
            Removing firefighting equipment from the commercial licensing  
            program and from the list of vehicles that require a class A  
            or B license may be construed to reduce a fire department's  
            ability to require a commercial class A or B license of its  
            firefighting equipment.  The author or committee may wish to  
            consider an amendment authorizing fire departments to require  
            their employees or volunteers to hold such a license, if they  
            so choose. 

           7.Technical amendments  .  To clarify the types of firefighters  
            that are subject to the requirements, the author or committee  
            may wish to make the following two clarifying amendments:

                 Page 11, line 13 after "employment" insert "as a  
               firefighter" 
                 Page 11, line 14 after "volunteer" insert "firefighter"

          Assembly Votes:
               Floor:    74-0
               Appr: 15-0
               Trans:    13-0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,  
                     June 16, 2010)

               SUPPORT:  Big Bear City Fire Department
                         California Special Districts Association
                         Central Valley Fire Chiefs Association
                         City of Clovis Fire Department




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                         Fire Services Training Institute
                         Forestville Fire Protection District
                         Mendocino Volunteer Fire Department
                         Regional Council of Rural Counties
                         Rincon Valley Fire Protection District
                         Sonoma County Board of Supervisors
                         Sonoma County Fire Chiefs Association
                         Trinity County Board of Supervisors
                         Windsor Fire Protection District
          
               OPPOSED:  None received.