Amended in Senate June 14, 2013

Amended in Assembly April 22, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1047

Introduced by Assembly Member Linder

February 22, 2013

An act to amend Sections 12505, 12804.9, 15210, and 15250 of, and to add Section 15309.5 to, the Vehicle Code, relating to commercial driver’s licenses.

LEGISLATIVE COUNSEL’S DIGEST

AB 1047, as amended, Linder. Commercial driver’s licenses.

Existing law prohibits a person from operating a commercial motor vehicle, as defined, unless the person possesses a valid commercial driver’s license of the appropriate class issued by the Department of Motor Vehicles (DMV), except as specified. Existing law imposes certain examination requirements, including a driving test, on driver’s license applicants, including commercial driver’s license applicants, and specifies the types of vehicles that are in each driver’s license class. Existing law also specifies the conditions under which a nonresident who is not licensed in the state may drive in the state, and requires a person to obtain a license from the DMV before being employed as a commercial driver, as specified.

This bill would authorize the DMV to impose a fee on a commercial driver’s license applicant, if a driving test is administered to an applicant who is to be licensed in another state pursuant to federal law, that does not exceed the reasonable cost of conducting the tests and reporting the results to the driver’s state of record. The bill would delete the requirement that a commercial driver obtain a license from the DMV if the person is in possession of a valid commercial learner’s permit or commercial driver’s license issued by any state or foreign jurisdiction that meets federal licensing standards. The bill would, among other things, revise the definitions of commercial motor vehicle and tank vehicle for purposes of commercial motor vehicle safety requirements, and would revise the categories of vehicles that are within each license class.

Existing law prohibits a driver from operating a commercial motor vehicle for a period of 60 days if the department determines, after a hearing, that the person falsified information on his or her application for a driver’s license in violation of federal law.

This bill would make it unlawful for a person to engage in certain acts, including selling or using a crib sheet, as defined, that contains answers to any examination administered by the DMV for a commercial driver’s license or permit. The bill would make a violation of this provision punishable as either an infraction or a begin delete misdemeanor. Be, end delete begin insert misdemeanor, end insert and would prohibit the driver from operating a commercial motor vehicle for one year. By creating a new crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12505 of the Vehicle Code is amended
to read:

12505.  

(a) (1) For purposes of this division only and
notwithstanding Section 516, residency shall be determined as a
person’s state of domicile. “State of domicile” means the state
where a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the
intention of returning whenever he or she is absent.

Prima facie evidence of residency for driver’s licensing purposes
includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher
education.

(C) Filing a homeowner’s property tax exemption.

(D) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.

(2) California residency is required of a person in order to be
issued a commercial driver’s license under this code.

(b) The presumption of residency in this state may be rebutted
by satisfactory evidence that the licensee’s primary residence is
in another state.

(c) Any person entitled to an exemption under Section 12502,
12503, or 12504 may operate a motor vehicle in this state for not
to exceed 10 days from the date he or she establishes residence in
this state begin insert , except that a person shall not operate a motor vehicle
for employment in this state after establishing residency without
first obtaining a license from the department end insert .

(d) If the State of California is decertified by the federal
government and prohibited from issuing an initial, renewal, or
upgraded commercial driver’s license pursuant to Section 384.405
of Title 49 of the Code of Federal Regulations, the following
applies:

(1) An existing commercial driver’s license issued pursuant to
this code prior to the date that the state is notified of its
decertification shall remain valid until its expiration date.

(2) A person who is a resident of this state may obtain a
nondomiciled commercial learner’s permit or commercial driver’s
license from any state that elects to issue a nondomiciled
commercial learner’s permit or commercial driver’s license and
that complies with the testing and licensing standards contained
in subparts F, G, and H of Part 383 of Title 49 of the Code of
Federal Regulations.

(3) For the purposes of this subdivision, a nondomiciled
commercial learner’s permit or commercial driver’s license is a
commercial learner’s permit or commercial driver’s license issued
by a state to an individual domiciled in a foreign country or in
another state.

(e) The department may issue a nondomiciled commercial
learner’s permit or nondomiciled commercial driver’s license to
a person who is domiciled in a state or jurisdiction that has been
decertified by the federal government or not determined to be in
compliance with the testing and licensing standards contained in
subparts F, G, and H of Part 383 of Title 49 of the Code of Federal
Regulations.

(f) Subject to Section 12504, a person over the age of 16 years
who is a resident of a foreign jurisdiction other than a state,
territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or Canada, having
a valid driver’s license issued to him or her by any other foreign
jurisdiction may operate a motor vehicle in this state without
obtaining a license from the department, unless the department
determines that the foreign jurisdiction does not meet the licensing
standards imposed by this code.

(g) A person who is 18 years of age or older and in possession
of a valid commercial learner’s permit or commercial driver’s
license issued by any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a foreign jurisdiction that meets the licensing standards
contained in subparts F, G, and H of Part 383 of Title 49 of the
Code of Federal Regulations shall be granted reciprocity to operate
vehicles of the appropriate class on the highways of this state.

(h) Any person from a foreign jurisdiction that does not meet
the licensing standards contained in subparts F, G, and H of Part
383 of Title 49 of the Code of Federal Regulations shall obtain a
commercial learner’s permit or commercial driver’s license from
the department before operating on the highways a motor vehicle
for which a commercial driver’s license is required, as described
in Section 12804.9. The medical examination form required for
issuance of a commercial driver’s license shall be completed by a
health care professional, as defined in paragraph (2) of subdivision
(a) of Section 12804.9, who is licensed, certified, or registered to
perform physical examinations in the United States of America.
This subdivision does not apply to (1) drivers of schoolbuses
operated in California on a trip for educational purposes or (2)
drivers of vehicles used to provide the services of a local public
agency.

(i) This section does not authorize the employment of a person
in violation of Section 12515.

SEC. 2.  

Section 12804.9 of the Vehicle Code is amended to
read:

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
the provisions of this code governing the operation of vehicles
upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for any applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. The examining officer may refuse to examine an
applicant who is unable to provide proof of financial responsibility
for the vehicle, unless proof of financial responsibility is not
required by this code.

(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating or gross vehicle weight of more than 10,000
pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds, except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating or gross vehicle weight of more than 26,000 pounds
towing another vehicle with a gross vehicle weight rating or gross
vehicle weight of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating or
gross vehicle weight of 26,000 pounds or less, including when the
vehicle is towing a trailer or semitrailer with a gross vehicle weight
rating or gross vehicle weight of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license
upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for
compensation.

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J) A bus with a gross vehicle weight rating or gross vehicle
weight of 26,000 pounds or less, except a trailer bus.

(K)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may
be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold any driver certificate or any driver’s license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking any special examination
for the operation of a motorized bicycle, and without having a
class M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination
required for a class B license when operating vanpool vehicles. In
order to be eligible to drive the vanpool vehicle, the driver shall
keep in the vanpool vehicle a statement, signed under penalty of
perjury, that he or she has not been convicted of reckless driving,
drunk driving, or a hit-and-run offense in the last five years.

SEC. 3.  

Section 15210 of the Vehicle Code is amended to read:

15210.  

Notwithstanding any other provision of this code, as
used in this chapter, the following terms have the following
meanings:

(a) “Commercial driver’s license” means a driver’s license
issued by a state or other jurisdiction, in accordance with the
standards contained in Part 383 of Title 49 of the Code of Federal
Regulations, which authorizes the licenseholder to operate a class
or type of commercial motor vehicle.

(b) (1) “Commercial motor vehicle” means any vehicle or
combination of vehicles that requires a class A or class B license,
or a class C license with an endorsement issued pursuant to
paragraph (2), (3), (4), or (5) of subdivision (a) of Section 15278.

(2) “Commercial motor vehicle” does not include any of the
following:

(A) A recreational vehicle, as defined in Section 18010 of the
Health and Safety Code.

(B) An implement of husbandry operated by a person who is
not required to obtain a driver’s license under this code.

(C) Vehicles operated by persons exempted pursuant to Section
25163 of the Health and Safety Code or a vehicle operated in an
emergency situation at the direction of a peace officer pursuant to
Section 2800.

(c) “Controlled substance” has the same meaning as defined by
the federal Controlled Substances Act (21 U.S.C. Sec. 802).

(d) “Conviction” means an unvacated adjudication of guilt, or
a determination that a person has violated or failed to comply with
the law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person’s appearance in court, a plea of
guilty or nolo contendere accepted by the court, the payment of a
fine or court costs, or violation of a condition of release without
bail, regardless of whether or not the penalty is rebated, suspended,
or probated.

(e) “Disqualification” means a prohibition against driving a
commercial motor vehicle.

(f) “Driving a commercial vehicle under the influence” means
committing any one or more of the following unlawful acts in a
commercial motor vehicle:

(1) Driving a commercial motor vehicle while the operator’s
blood-alcohol concentration level is 0.04 percent or more, by
weight in violation of subdivision (d) of Section 23152.

(2) Driving under the influence of alcohol, as prescribed in
subdivision (a) or (b) of Section 23152.

(3) Refusal to undergo testing as required under this code in the
enforcement of Subpart D of Part 383 or Subpart A of Part 392 of
Title 49 of the Code of Federal Regulations.

(g) “Employer” means any person, including the United States,
a state, or political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns drivers to operate that vehicle.
A person who employs himself or herself as a commercial vehicle
driver is considered to be both an employer and a driver for
purposes of this chapter.

(h) “Fatality” means the death of a person as a result of a motor
vehicle accident.

(i) “Felony” means an offense under state or federal law that is
punishable by death or imprisonment for a term exceeding one
year.

(j) “Gross combination weight rating” means the value specified
by the manufacturer as the maximum loaded weight of a
combination or articulated vehicle. In the absence of a value
specified by the manufacturer, gross vehicle weight rating will be
determined by adding the gross vehicle weight rating of the power
unit and the total weight of the towed units and any load thereon.

(k) “Gross vehicle weight rating” means the value specified by
the manufacturer as the maximum loaded weight of a single
vehicle, as defined in Section 390.

(l) “Imminent hazard” means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health, property,
or the environment may occur before the reasonable foreseeable
completion date of a formal proceeding begun to lessen the risk
of death, illness, injury, or endangerment.

(m) “Noncommercial motor vehicle” means a motor vehicle or
combination of motor vehicles that is not included within the
definition in subdivision (b).

(n) “Nonresident commercial driver’s license” means a
commercial driver’s license issued to an individual by a state under
one of the following provisions:

(1) The individual is domiciled in a foreign country.

(2) The individual is domiciled in another state.

(o) “Schoolbus” is a commercial motor vehicle, as defined in
Section 545.

(p) “Serious traffic violation” includes any of the following:

(1) Excessive speeding, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570) involving
any single offense for any speed of 15 miles an hour or more above
the posted speed limit.

(2) Reckless driving, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving
in the manner described under Section 2800.1, 2800.2, or 2800.3,
including, but not limited to, the offense of driving a commercial
motor vehicle in willful or wanton disregard for the safety of
persons or property.

(3) A violation of a state or local law involving the safe
operation of a motor vehicle, arising in connection with a fatal
traffic accident.

(4) A similar violation of a state or local law involving the safe
operation of a motor vehicle, as defined pursuant to the
Commercial Motor Vehicle Safety Act (Title XII of P.L. 99-570).

(5) Driving a commercial motor vehicle without a commercial
driver’s license.

(6) Driving a commercial motor vehicle without the driver
having in his or her possession a commercial driver’s license,
unless the driver provides proof at the subsequent court appearance
that he or she held a valid commercial driver’s license on the date
of the violation.

(7) Driving a commercial motor vehicle when the driver has
not met the minimum testing standards for that vehicle as to the
class or type of cargo the vehicle is carrying.

(8) Driving a commercial motor vehicle while using an
electronic wireless communication device to write, send, or read
a text-based communication, as defined in Section 23123.5.

In the absence of a federal definition, existing definitions under
this code shall apply.

(q) “State” means a state of the United States or the District of
Columbia.

(r) “Tank vehicle” means a commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank
or tanks having an individual rated capacity begin insert of more than 119
gallons and an aggregate rated capacity end insert of at least 1,000 gallons
that is permanently or temporarily attached to the vehicle or the
chassis, including, but not limited to, cargo tanks and portable
tanks, as defined in Part 171 of Title 49 of the Code of Federal
Regulations. A commercial motor vehicle transporting an empty
storage container tank not designed for transportation, with a rated
capacity of at least 1,000 gallons that is temporarily attached to a
flatbed trailer, is not a tank vehicle.

SEC. 4.  

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) If a driving test is administered to a commercial driver’s
license applicant who is to be licensed in another state pursuant
to Section 383.79 of Subpart E of Part 383 of Title 49 of the Code
of Federal Regulations, the department may impose a fee on the
applicant that does not exceed the reasonable cost of conducting
the tests and reporting the results to the driver’s state of record.

(f) 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.

(g) 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. 5.  

Section 15309.5 is added to the Vehicle Code, to read:

15309.5.  

(a) It is unlawful for any person to do any of the
following:

(1) Sell, offer for sale, distribute, or use a crib sheet or cribbing
device, as defined in Section 273, that contains answers to any
examination administered by the department for a commercial
driver’s license or permit.

(2) Impersonate or allow the impersonation of an applicant for
a commercial driver’s license or permit for the purpose of
fraudulently qualifying the applicant for a commercial driver’s
license or permit.

(3) Provide, or use, any unauthorized assistance during any
examination administered by the department for a commercial
driver’s license or permit.

(b) A first conviction under this section is punishable as either
an infraction or a misdemeanor, and the driver shall not operate a
commercial motor vehicle for a period of one year. A second or
subsequent conviction is punishable as a misdemeanor, and the
driver shall not operate a commercial motor vehicle for a period
of one year.

SEC. 6.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.