BILL NUMBER: AB 2659 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JUNE 6, 2012
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 24, 2012
An act to add Section 1936.5 to the Civil Code, and to
amend Section 15250 Sections 14608 and 15250
of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2659, as amended, Blumenfield. Vehicles: commercial
driver's license: military personnel. driver's
licenses .
(1) Existing law prohibits a person from renting a motor vehicle
to another unless the person to whom the vehicle is rented is a
validly licensed driver, as specified, and the person renting to that
driver has inspected the person's driver's license and compared the
signature on the license with the signature of the driver written in
his or her presence.
This bill would delete the requirement that the signature of the
driver be written in his or her presence and would allow the person
renting the vehicle to instead compare the photograph on the driver's
license of the person with the person to whom the vehicle is to be
rented.
The bill would also exempt a "rental company," as defined, from
these requirements if the rental is subject to the terms of a
membership agreement that allows the renter to gain physical access
to a car without a key through use of a code, key card, or by other
means that allow the car to be accessed at a remote location or at a
business location of the rental company outside of that location's
regular hours of operation.
Existing
(2) 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
(3) 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 1936.5 is added to
the Civil Code , to read:
1936.5. A "rental company" as defined in paragraph (1) of
subdivision (a) of Section 1936 is not subject to the requirements of
Section 14608 of the Vehicle Code if the rental is subject to the
terms of a membership agreement that allows the renter to gain
physical access to a car without a key through use of a code, use of
a key card, or by other means that allow the car to be accessed at a
remote location, or at a business location of the rental company
outside of that location's regular hours of operation.
SEC. 2 . Section 14608 of the
Vehicle Code is amended to read:
14608. No (a) A
person shall not rent a motor vehicle to another
unless: person unless both of the following
requirements have been met:
(a)
(1) The person to whom the vehicle is rented is
licensed under this code or is a nonresident who is licensed under
the laws of the state or country of his or her residence.
(b)
(2) The person renting to another person has inspected
the driver's license of the person to whom the vehicle is to be
rented and compared either the signature thereon with
the signature of that person written in his or her presence.
that of the person to whom the vehicle is to be
rented or the photograph thereon with the person to whom the vehicle
is to be rented.
(c) Nothing in this section prohibits
(b) This section does not prohibit a blind
or disabled person who is a nondriver from renting a motor
vehicle, vehicle if both of the following
conditions exist at the time of rental:
(1) The blind or disabled person either holds an identification
card issued pursuant to this code or is not a resident of this state.
(2) The blind or disabled person has a driver present who is
either licensed to drive a vehicle pursuant to this code or is a
nonresident licensed to drive a vehicle pursuant to the laws of the
state or country of the driver's residence.
SECTION 1. SEC. 3. 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. SEC. 3.5. 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.
(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. SEC. 4. Section 1.5
3.5 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 3 of this bill shall not become operative.