BILL ANALYSIS AB 1648 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1648 (Jeffries and Chesbro) As Amended July 15, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |31-0 |(August 25, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: TRANS . SUMMARY : Sets forth new driver's license requirements for firefighters operating firefighter equipment. The Senate amendments : 1)Reinstate the requirement that fire departments participate in the California Department of Motor Vehicles (DMV) Employer Pull Notice (EPN) Program but exempts them from the EPN fees. 2)Exempt all firefighting equipment from the list of vehicles for which a person must obtain a commercial driver's license (class A or B) to operate, provided the equipment is operated by a person who holds a firefighter endorsement. 3) Add to the proposed requirements for a "firefighter endorsement" the following: a) The applicant must have successfully completed specific fire equipment operation training conducted by an instructor with specific experiences and credentials; and, b) The applicant must submit a medical examination report. 4)Notwithstanding other provisions of the bill, authorize a fire department to require a driver to hold a commercial driver's license. 5)Resolve chaptering-out conflicts with AB 2777 (Committee on Transportation), which corrects statutory references related to the EPN for ambulance drivers. AB 1648 Page 2 EXISTING LAW : 1)Establishes the EPN Program in DMV to provide employers and regulatory agencies with a means of promoting driver safety through an ongoing review of driver records. 2)Requires employers of commercial drivers to participate in the EPN Program, which provides employers with information regarding a driver's current public record as recorded by DMV and any subsequent convictions, failures to appear, accidents, driver's license suspensions, driver's license revocations, or other actions taken against the person's driving privilege. 3)Sets forth other procedures and requirements for the EPN Program. 4)Sets forth testing requirements for DMV's commercial driving skills test, including an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motor vehicle in the type and/or combination for which he or she is seeking a license. 5)Prohibits any person from operating firefighting equipment unless that person has a valid driver's license for the appropriate class of equipment. 6)Authorizes DMV to issue a restricted driver's license for an appropriate class of firefighting equipment. 7)Provides for an Employer Testing Program (ETP). The ETP is a third-party testing program in which DMV allows employers of commercial drivers to conduct the drive test portion for the DMV's commercial driver's licensing requirements for class A, class B, and non-commercial firefighter restricted license. ETP requires an employer-employee relationship in order to conduct third party testing. With DMV's authorization, any public or private company may participate in ETP. AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version passed by the Senate. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, minor absorbable costs to DMV. COMMENTS : According to DMV, their commercial driver's license AB 1648 Page 3 ETP is about to undergo significant changes to conform to new federal regulations. Left unaddressed, this will force fire departments to send new drivers to commercial drive test facilities run by the DMV, just as DMV reports it is reducing the number of drive test facilities. Specifically, DMV indicates that the number of facilities statewide is expected to shrink from 30 to 8. Fire departments around the state, particularly those in rural areas, are concerned that these changes in DMV's ETP program will make it more expensive and logistically difficult to serve California communities because they will be hampered in obtaining the required commercial driver's licenses for both professional and volunteer firefighting staffs. They cite as an example of these difficulties the fact that, to complete the skills test, a licensed firefighter with a commercial license must drive the firefighting equipment to a DMV testing site (sometimes hours away) with the new driver who is to be tested. As a result, two employees and a large piece of firefighting equipment are essentially out of service for the day. Rural volunteer fire departments face particular difficulties because their drivers often have to take time away from work to take the test. According to the author, this bill is a proactive approach toward resolving the dilemma posed by these rapidly approaching problems. The bill removes the firefighter restricted license program from DMV's commercial driver's license program (as authorized under federal law) and creates new testing requirements. New firefighter drivers will be trained by their departments and will be required to pass a written DMV test. The required training standards, however, are not impacted by AB 1648. The author believes that this bill makes it easier for fire departments to train and test their firefighters without the onerous logistical requirements of the commercial employer training program and without jeopardizing the integrity of the testing. The author further states that this bill is designed to provide a cost-effective means for meeting the licensure needs of our state's firefighters and represents the product of nearly a year of stakeholder meetings, negotiations, and statewide gatherings with fire officials and with DMV. AB 1648 Page 4 Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0005662