BILL ANALYSIS Ó
AB 2188
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CONCURRENCE IN SENATE AMENDMENTS
AB 2188 (Bonnie Lowenthal)
As Amended June 25, 2012
Majority vote
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|ASSEMBLY: |73-0 |(May 10, 2012) |SENATE: |36-0 |(July 6, 2012) |
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Original Committee Reference: TRANS .
SUMMARY : Conforms state law to federal law related to
commercial driver's licenses (CDL).
The Senate amendments are minor, technical, and nonsubstantive
pertaining to the hiring and employment of commercial drivers
and violations while driving non-commercial vehicles.
EXISTING LAW :
1)Provides, under federal law and regulations promulgated by the
Federal Motor Carrier Safety Administration (FMCSA), standards
for the safety of commercial motor vehicles and truck drivers
through enactment and enforcement of safety regulations.
2)Declares the intent of the Legislature to adopt those
standards required of drivers by the Federal Highway
Administration, as set forth in the Commercial Motor Vehicle
Safety Act of 1986 and to reduce or prevent commercial motor
vehicle accidents, fatalities, and injuries by permitting
drivers to hold only one license, disqualifying drivers for
certain criminal offenses and serious traffic violations, and
strengthening licensing and testing standards.
3)Establishes standards for the issuance of CDLs.
4)Disqualifies a driver from operating a commercial motor
vehicle for a specified time period if the driver is convicted
of a serious traffic violation involving a commercial or
noncommercial motor vehicle. Provides that operating a
vehicle while disqualified is a crime.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
AB 2188
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Background : According to the author, special skills are
required to operate a commercial motor vehicle safely. The
Commercial Motor Vehicle Safety Act of 1986 established the CDL
program nationwide in order to improve highway safety by
ensuring that drivers of large trucks and buses are qualified to
operate those vehicles and to remove unsafe and unqualified
drivers from the highways. The FMCSA updates the CDL program
regulations and ensures that all states are in compliance by
conducting a program review of states' CDL programs regularly.
To be in substantial compliance, a state must meet the standards
contained in the Code of Federal Regulations. Failure to
achieve substantial compliance with the federal regulations can
result in the withholding of federal-aid highway funds and loss
of Federal Motor Carrier Safety Assistance Program (MCSAP) grant
funds. Additionally, a state found to be in substantial
noncompliance may have its CDL program decertified.
Decertification by the FMCSA prohibits the state from issuing,
renewing, or upgrading a driver license to commercial driving
status.
Purpose and need for the bill : This bill would make conforming
changes to California's CDL program to ensure continued
compliance with federal law and corresponding federal
regulations as mandated by the Federal Motor Carrier Safety
Administration. Failure to meet federal conformity could
potentially result in federal sanctions including the
decertification of California's CDL program and the potential
loss of federal-aid highway funds and MCSAP grant funds.
Specifically, this bill would make changes to the requirements
applicable to the holding of CDLs regarding, among other things,
medical certifications, military exemptions, out-of-service
order violations, violations occurring in other jurisdictions,
and texting while driving convictions.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0004354
AB 2188
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