BILL NUMBER: AB 2659 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JUNE 6, 2012
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 24, 2012
An act to amend Section 15250 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2659, as amended, Blumenfield. Vehicles: commercial driver's
license: military personnel.
Existing law requires the Department of Motor Vehicles to not
issue a commercial driver's license to any person to operate a
commercial motor vehicle until the person has passed a written and
driving test for the operation of a commercial motor vehicle that
complies with the minimum federal standards established by the
federal Commercial Motor Vehicle Safety Act of 1986 and specified
federal regulations, and has satisfied all other requirements of that
act as well as any other requirements imposed by the Vehicle Code.
This bill would authorize the department to waive the driving
skills test required by federal regulations for a commercial motor
vehicle driver with military commercial motor vehicle experience who
is currently licensed with the United States Armed Forces at the time
of his or her application for a commercial driver's license, and
whose driving record in combination with his or her driving
experience meets, at a minimum, specified conditions required by
federal law.
This bill would incorporate additional changes to Section 15250 of
the Vehicle Code proposed by AB 2188, to become operative only if AB
2188 and this bill are both chaptered and become effective on or
before January 1, 2013, and this bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15250 of the Vehicle Code is amended to read:
15250. (a) (1) A person shall not operate a commercial motor
vehicle unless that person has in his or her immediate possession a
valid commercial driver's license of the appropriate class.
(2) A person shall not operate a commercial motor vehicle while
transporting hazardous materials unless that person has in his or her
possession a valid commercial driver's license with a hazardous
materials endorsement. An instruction permit does not authorize the
operation of a vehicle transporting hazardous materials.
(b) (1) Before an application for an original or renewal of a
commercial driver's license with a hazardous materials endorsement is
submitted to the United States Transportation Security
Administration for the processing of a security threat assessment, as
required under Part 1572 of Title 49 of the Code of Federal
Regulations, the department shall complete a check of the applicant's
driving record to ensure that the person is not subject to a
disqualification under Part 383.51 of Title 49 of the Code of Federal
Regulations.
(2) (A) A person shall not be issued a commercial driver's license
until he or she has passed a written and driving test for the
operation of a commercial motor vehicle that complies with the
minimum federal standards established by the federal Commercial Motor
Vehicle Safety Act of 1986 (Public Law 99-570) and Part 383 of Title
49 of the Code of Federal Regulations, and has satisfied all other
requirements of that act as well as any other requirements imposed by
this code.
(B) The driving skills test as specified in Section 383.113 of
Title 49 of the Code of Federal Regulations may be waived for a
commercial motor vehicle driver with military commercial motor
vehicle experience who is currently licensed with the United States
Armed Forces at the time of his or her application for a commercial
driver's license, and whose driving record in combination with his or
her driving experience meets, at a minimum, the conditions required
by Section 383.77(a) and (b) of Title 49 of the Code of Federal
Regulations.
(c) The tests shall be prescribed and conducted by or under the
direction of the department. The department may allow a third-party
tester to administer the driving test part of the examination
required under this section and Section 15275 if all of the following
conditions are met:
(1) The tests given by the third party are the same as those that
would otherwise be given by the department.
(2) The third party has an agreement with the department that
includes, but is not limited to, the following provisions:
(A) Authorization for the United States Secretary of
Transportation, or his or her representative, and the department, or
its representative, to conduct random examinations, inspections, and
audits without prior notice.
(B) Permission for the department, or its representative, to
conduct onsite inspections at least annually.
(C) A requirement that all third-party testers meet the same
qualification and training standards as the department's examiners,
to the extent necessary to conduct the driving skill tests in
compliance with the requirements of Part 383 of Title 49 of the Code
of Federal Regulations.
(D) The department may cancel, suspend, or revoke the agreement
with a third-party tester if the third-party tester fails to comply
with the standards for the commercial driver's license testing
program, or with any other term of the third-party agreement, upon 15
days' prior written notice of the action to cancel, suspend, or
revoke the agreement by the department to the third party. Any action
to appeal or review any order of the department canceling,
suspending, or revoking a third-party testing agreement shall be
brought in a court of competent jurisdiction under Section 1085 of
the Code of Civil Procedure, or as otherwise permitted by the laws of
this state. The action shall be commenced within 90 days from the
effective date of the order.
(E) Any third-party tester whose agreement has been canceled
pursuant to subparagraph (D) may immediately apply for a third-party
testing agreement.
(F) A suspension of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of less than 12 months as
determined by the department. After the period of suspension, the
agreement shall be reinstated upon request of the third-party tester.
(G) A revocation of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of not less than one year. A
third-party tester may apply for a new third-party testing agreement
after the period of revocation and upon submission of proof of
correction of the circumstances causing the revocation.
(H) Authorization for the department to charge the third-party
tester a fee, as determined by the department, that is sufficient to
defray the actual costs incurred by the department for administering
and evaluating the third-party testing program, and for carrying out
any other activities deemed necessary by the department to ensure
sufficient training for the drivers participating in the program.
(3) Except as provided in Section 15250.3, the tests given by the
third party shall not be accepted in lieu of tests prescribed and
conducted by the department for applicants for a passenger vehicle
endorsement specified in paragraph (2) of subdivision (a) of Section
15278, if the applicant operates or will operate a tour bus.
(d) Commercial driver's license applicants who take and pass
driving tests administered by a third party shall provide the
department with certificates of driving skill satisfactory to the
department that the applicant has successfully passed the driving
tests administered by the third party.
(e) Implementation dates for the issuance of a commercial driver's
license pursuant to this chapter may be established by the
department as it determines is necessary to accomplish an orderly
commercial driver's license program.
SEC. 1.5. Section 15250 of the Vehicle
Code is amended to read:
15250. (a) (1) A person may shall
not operate a commercial motor vehicle unless that person has in his
or her immediate possession a valid commercial driver's license of
the appropriate class.
(2) A person may shall not operate a
commercial motor vehicle while transporting hazardous materials
unless that person has in his or her possession a valid commercial
driver's license with a hazardous materials endorsement. An
instruction permit does not authorize the operation of a vehicle
transporting hazardous materials.
(b) (1) Before an application for an original or renewal of a
commercial driver's license with a hazardous materials endorsement is
submitted to the United States Transportation Security
Administration for the processing of a security threat assessment, as
required under Part 1572 of Title 49 of the Code of Federal
Regulations, the department shall complete a check of the applicant's
driving record to ensure that the person is not subject to a
disqualification under Part 383.51 of Title 49 of the Code of Federal
Regulations.
(2) (A) A person may
shall not be issued a commercial driver's license until he or
she has passed a written and driving test for the operation of a
commercial motor vehicle which that
complies with the minimum federal standards established by the
federal Commercial Motor Vehicle Safety Act of 1986 (P.L.
(Public Law 99-570) and Part 383 of Title 49 of
the Code of Federal Regulations, and has satisfied all other
requirements of that act as well as any other requirements imposed by
this code.
(B) The driving skills test as specified in Section 383.113 of
Title 49 of the Code of Federal Regulations may be waived for a
commercial motor vehicle driver with military commercial motor
vehicle experience who is currently licensed with the United States
Armed Forces at the time of his or her application for a commercial
driver's license, and whose driving record in combination with his or
her driving experience meets, at a minimum, the conditions required
by Section 383.77(a) and (b) of Title 49 of the Code of Federal
Regulations.
(c) The tests shall be prescribed and conducted by or under the
direction of the department. The department may allow a third-party
tester to administer the driving test part of the examination
required under this section and Section 15275 if all of the following
conditions are met:
(1) The tests given by the third party are the same as those that
would otherwise be given by the department.
(2) The third party has an agreement with the department that
includes, but is not limited to, the following provisions:
(A) Authorization for the United States Secretary of
Transportation, or his or her representative, and the department, or
its representative, to conduct random examinations, inspections, and
audits without prior notice.
(B) Permission for the department, or its representative, to
conduct onsite inspections at least annually.
(C) A requirement that all third-party testers meet the same
qualification and training standards as the department's examiners,
to the extent necessary to conduct the driving skill tests in
compliance with the requirements of Part 383 of Title 49 of the Code
of Federal Regulations.
(D) The department may cancel, suspend, or revoke the agreement
with a third-party tester if the third-party tester fails to comply
with the standards for the commercial driver's license testing
program, or with any other term of the third-party agreement, upon 15
days' prior written notice of the action to cancel, suspend, or
revoke the agreement by the department to the third party. Any action
to appeal or review any order of the department canceling,
suspending, or revoking a third-party testing agreement shall be
brought in a court of competent jurisdiction under Section 1085 of
the Code of Civil Procedure, or as otherwise permitted by the laws of
this state. The action shall be commenced within 90 days from the
effective date of the order.
(E) Any third-party tester whose agreement has been canceled
pursuant to subparagraph (D) may immediately apply for a third-party
testing agreement.
(F) A suspension of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of less than 12 months as
determined by the department. After the period of suspension, the
agreement shall be reinstated upon request of the third-party tester.
(G) A revocation of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of not less than one year. A
third-party tester may apply for a new third-party testing agreement
after the period of revocation and upon submission of proof of
correction of the circumstances causing the revocation.
(H) Authorization for the department to charge the third-party
tester a fee, as determined by the department, which
that is sufficient to defray the actual costs
incurred by the department for administering and evaluating the
third-party testing program, and for carrying out any other
activities deemed necessary by the department to ensure sufficient
training for the drivers participating in the program.
(3) Except as provided in Section 15250.3, the tests given by the
third party shall not be accepted in lieu of tests prescribed and
conducted by the department for applicants for a passenger vehicle
endorsement specified in paragraph (2) of subdivision (a) of Section
15278, if the applicant operates or will operate a tour bus.
(d) Commercial driver's license applicants who take and pass
driving tests administered by a third party shall provide the
department with certificates of driving skill satisfactory to the
department that the applicant has successfully passed the driving
tests administered by the third party.
(e) Implementation dates for the issuance of a commercial driver's
license pursuant to this chapter may be established by the
department as it determines is necessary to accomplish an orderly
commercial driver's license program.
(f) Active duty members of the United States Armed Forces, members
of the military reserves, members of the National Guard who are on
active duty, including personnel on full-time National Guard duty,
personnel on part-time National Guard training, and National Guard
military technicians (civilians who are required to wear military
uniforms), and active duty personnel of the United States Coast Guard
are exempt from all commercial driver's license requirements and
sanctions, as provided in Section 383.3(c) of Subpart A of Part 383
of Title 49 of the Code of Federal Regulations when operating motor
vehicles for military purposes. This exception shall not apply to
United States Armed Forces reserve technicians.
SEC. 2. Section 1.5 of this bill incorporates
amendments to Section 15250 of the Vehicle Code proposed by both this
bill and Assembly Bill 2188. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2013, (2) each bill amends Section 15250 of the Vehicle Code, and (3)
this bill is enacted after Assembly Bill 2188, in which case Section
1 of this bill shall not become operative.