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 AB 1648 (JEFFRIES) Page 2 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 AB 1648 (JEFFRIES) Page 3 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 AB 1648 (JEFFRIES) Page 4 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. AB 1648 (JEFFRIES) Page 5 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 AB 1648 (JEFFRIES) Page 6 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 AB 1648 (JEFFRIES) Page 7 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 AB 1648 (JEFFRIES) Page 8 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 AB 1648 (JEFFRIES) Page 9 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.