BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2659
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: blumenfield
VERSION: 6/6/12
Analysis by: Eric Thronson FISCAL: yes
Hearing date: July 3, 2012
SUBJECT:
Commercial driver's licenses for military personnel
DESCRIPTION:
This bill permits the Department of Motor Vehicles (DMV) to
waive the driving skills test required to obtain a commercial
driver's license (CDL) for a person with a US Armed Forces
military driver's license in compliance with federal
regulations.
ANALYSIS:
Existing law requires a person to have a valid CDL of the
appropriate class in order to operate a commercial vehicle in
the state. DMV issues a CDL to an applicant only after he or
she passes written and driving skills tests and meets other
requirements depending on the particular type of vehicle the
applicant seeks to operate.
Federal regulations outline specific skills and knowledge a
person must demonstrate before he or she is eligible for a CDL.
The Federal Motor Carrier Safety Administration, the federal
agency responsible for commercial vehicle oversight, recently
amended its regulations to allow states to waive this skills
test for an applicant possessing a military commercial vehicle
license and who certifies that:
1.Within the two-year period immediately prior to applying, he
or she has not had --
A license suspended or revoked;
Any conviction for major offenses (e.g., DUI or leaving
the scene of an accident);
More than one conviction for serious traffic violations
(e.g., excessive speeding or reckless driving);
Any conviction arising in connection with a traffic
accident, nor any record of an accident in which he or she
AB 2659 (BLUMENFIELD) Page 2
was at fault; and
1.He or she is, or within the prior 90 days was, regularly
employed in a military position requiring operation of a
commercial vehicle for at least the prior 2 years.
This bill permits DMV to waive the driving skills test required
to obtain a commercial driver's license for a person with a US
Armed Forces military driver's license in compliance with
federal regulations.
COMMENTS:
1.Purpose . According to the author, recent veterans represent a
disproportionate number of the country's unemployed
population. Further, research suggests that many of these
recent veterans were military transport operators, and
therefore share skills similar to commercial drivers. At the
same time, the author contends, the transport industry reports
a shortage of truck drivers. This bill attempts to address
these two problems by permitting DMV to adopt the federal
waiver standards for the CDL skills test. According to the
author, 15 other states have adopted the federal standards,
including New York, Florida, Missouri, Pennsylvania, and
Virginia. With a high veteran unemployment rate and a labor
shortage in the trucking industry, the author believes this
bill benefits the state by allowing qualified veterans to
obtain a commercial driver's license in a timely and safe
manner.
2.Meeting current and proposed standards . This bill waives the
skills and knowledge test currently required by DMV if the
applicant meets specific qualifications relating to his or her
military experience. While this may provide some advantage
for potential CDL applicants, it is unclear whether taking the
skills test currently required for a CDL is an overwhelming
burden for veterans who otherwise qualify for the proposed
waiver. Presumably, a veteran who meets the waiver
qualifications already has the skills and knowledge to pass
DMV's test. Further, the applicant still must fulfill the
other CDL application requirements, such as the written test,
medical examination, and other requirements dependent on the
type of license sought.
AB 2659 (BLUMENFIELD) Page 3
Alternatively, it is equally unknown whether the federal
standards for qualifying for the waiver are so strict that
most veterans would not qualify for the benefit. It is
important that anyone receiving the waiver have the requisite
skills and knowledge to operate a commercial vehicle safely,
and that he or she does not have a recent history of poor or
reckless driving behavior. The qualifying standards, however,
seem to impose significant limitations on the type of
applicants eligible for the waiver. If few veterans meet the
necessary requirements, it is unlikely this bill will result
in much improvement of either the unemployed veterans' plight
or the commercial driver shortage.
3.Chaptering amendments . This bill has chaptering conflicts
with another bill, AB 2188. Should these bills continue to
move through the Legislature, the author will need to resolve
this conflict at some point.
Assembly Votes:
Previous votes are not relevant.
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 27,
2012)
SUPPORT: California State Commanders Veterans Council
California Chamber of Commerce
California Distributors Association
California Grocers Association
California Independent Grocers Association
California Manufacturers & Technology Association
California Retailers Association
California Trucking Association
National Federation of Independent Business
Operation Gratitude
OPPOSED: None received.