BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1888
Author: Gatto (D), et al.
Amended: 8/13/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 8-0, 6/26/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Wyland
NO VOTE RECORDED: Simitian
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 75-0, 5/29/12 - See last page for vote
SUBJECT : Traffic violator schools: commercial drivers
SOURCE : Author
DIGEST : This bill permits a commercial drivers license
holder to attend a traffic violator school (TVS) if the
person commits a traffic offense while driving a
non-commercial vehicle.
ANALYSIS : Under existing law, Department of Motor
Vehicles (DMV) assigns one, two, or three points to
drivers' records for various traffic violations. A driver
becomes a "negligent operator" if he/she accumulates four
CONTINUED
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or more points in 12 consecutive months, six or more points
in 24 months, or eight or more points in 36 months. DMV
may suspend or restrict the driving privilege of a
negligent operator.
Existing law defines a TVS as a business which provides
traffic safety instruction, such as classroom
defensive-driver concepts, for traffic law violators
referred by the courts or people who elect to attend to
improve their own skills. Holders of non-commercial class
C (passenger cars and light-duty trucks) and class M
(motorcycles) driver's licenses may attend a TVS, while
existing law prohibits attendance by class A, B, or
commercial class C driver's license holders (generally
commercial trucks and large vehicles) regardless of what
type of vehicle the violator was operating at the time of
the offense.
The benefits of attending a TVS are two-fold. First, DMV
does not apply a point to a driver's record for the first
conviction in an 18-month period, which extends the time
before a driver can be considered a negligent operator.
Second, DMV holds the offense confidential, or "masks it,"
for insurance premium calculations and other purposes. By
attending a TVS, a traffic violator essentially gets to pay
a one-time fee to avoid receiving a point against his/her
driving record, which reduces future car insurance costs as
well as the chance of DMV suspending or revoking the
violator's driving privileges.
This bill permits a driver holding a class A, B, or
commercial class C license to attend a TVS if the person
commits a traffic offense while driving a vehicle requiring
only a class C or M license. In addition, this bill
requires DMV to disclose and not mask the violation if the
commercial license holder attends a TVS. DMV will not,
however, apply the conviction toward the driver's negligent
operator point count.
Comments
Purpose . According to the author's office, maintaining a
sufficient supply of high-quality commercial drivers in the
state has become problematic because drivers are retiring
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and trucking companies are increasing their driver
standards in order to control insurance costs and meet
regulatory mandates. If commercial drivers receive a
traffic ticket while in their personal vehicle, the
negligent operator point counts against their commercial
driver's license. The author's office contends that every
point accrued threatens a commercial driver's livelihood as
well as the viability of the trucking industry in
California. This bill affords a commercial driver the same
rights as other drivers to attend a TVS to remove a point
from his/her driving record. The author's office believes
this will help keep California's trucking industry
functioning by providing a means of dealing with minor
violations not committed while on the job.
Commercial drivers are held to higher standards . Both
state and federal law hold a commercial driver to a higher
standard than other drivers, including initial and on-going
training requirements, stricter monitoring of driving
behavior, and increased sanctions for unsafe operation. In
order to qualify and maintain his/her license, a commercial
driver must demonstrate additional skill and knowledge
beyond what existing law requires of most drivers, be
medically qualified, and in some cases pass a federal
background check. This is because commercial drivers are
professionals often moving heavy vehicles with precarious
or dangerous loads through increasingly congested streets
and freeways. While a minor mistake made in a passenger
vehicle can usually be corrected and remain
inconsequential, small deviations by commercial vehicles
can lead to drastic and even fatal consequences. This bill
lowers the state's standards for commercial drivers by
reducing the consequences for bad driving behavior, whether
or not in a commercial vehicle.
The negligent operator point system works . DMV developed
the negligent operator system because data indicated that a
driver who receives multiple traffic safety violations is
more likely to be the cause of accidents, injury, and
death. DMV has conducted extensive research on the
negligent operator point system and concludes that it has a
positive impact on traffic safety by reducing violation
recidivism and crashes by reducing dangerous driving
behavior. Conversely, research on the TVS program
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concludes that completion of TVS as a means to reduce the
consequences of a traffic safety violation has a negative
impact on traffic safety. Drivers who attend a TVS are
more likely to reoffend. For drivers operating commercial
vehicles, using the most effective method for eliminating
risky behavior is critical, even if the violation occurred
in a non-commercial vehicle. By allowing a commercial
driver to attend a TVS and avoid receiving a negligent
operator point, this bill postpones the consequences the
violator would otherwise face, even though the system has
proven to be effective in changing hazardous driving
behavior.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, DMV
programming costs of approximately $175,000 (Motor Vehicle
Account) related to provisions that prohibit a conviction
from resulting in a violation point for commercial driver's
license holders that attend a TVS.
SUPPORT : (Verified 8/16/12)
AFSCME
AFSCME, Local 1902
California Association of Nurseries and Garden Centers
California Conference Board of Machinists
California Conference Board of the Amalgamated Transit
Union
California Farm Bureau Federation
California Teamsters
California Tow Truck Association
California Trucking Association
United Transportation Union
ASSEMBLY FLOOR : 75-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
AB 1888
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Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Beall, Cedillo, Fletcher, Gorell, Hall
JJA:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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