BILL ANALYSIS Ó
AB 1047
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Date of Hearing: April 29, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1047 (Linder) - As Amended: April 22, 2013
SUBJECT : Commercial motor vehicles: federal regulation
SUMMARY : Conforms state to federal law related to commercial
driver's license (CDL). Specifically, this bill :
1)Allows in-state CDL drivers to obtain an out of state
commercial learner's permit or CDL from any state that elects
to issue an out of state commercial learner's permit or CDL
and that is compliance with federal regulations as specified.
2)Allows the Department of Motor Vehicles (DMV) to conduct a CDL
test on a driver 18 years or older who possesses a CDL issued
by any state, territory, or possession of the United States,
the District of Columbia, or any foreign jurisdiction that
meets the licensing standards as specified in the Federal Code
of Regulations.
3)Requires drivers that possess a CDL from a foreign
jurisdiction that does not meet the licensing standards as
specified in the Federal Code of Regulations to obtain a
commercial learner's permit or CDL from DMV prior to operating
a commercial motor vehicle.
4)Modifies the driver's license class definitions to require a
driver to hold a Class B license to operate busses weighing
more than 26,000 pounds and require a commercial Class C
license for busses weighing less than 26,000 pounds.
5)Authorizes DMV to charge a fee for conducting a driver's test
for a person within the state who possesses a commercial
driver's permit or CDL from another state that is in
compliance with the Federal Code of Regulations.
6)Establishes a violation against any person who fraudulently
obtains or assists in obtaining a commercial driver's permit
or CDL.
7)Makes technical conforming changes.
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EXISTING LAW :
1)Under federal law and regulations promulgated by the Federal
Motor Carrier Safety Administration (FMCSA), provides
standards for the Federal safety of commercial motor vehicles
and truck drivers through the enactment and enforcement of
safety regulations.
2)Declares the intent of the Legislature to adopt the standards
required of drivers by the Federal Highway Administration, as
set forth in the Commercial Motor Vehicle Safety Act of 1986
which aimed to reduce or prevent commercial motor vehicle
accidents, fatalities, and injuries by:
a) Permitting drivers to hold only one license;
b) Disqualifying drivers for certain criminal offenses and
serious traffic violations; and,
c) Strengthening licensing and testing standards.
1)Establishes standards for the issuance of CDLs.
2)Prohibits a person form operating a commercial motor vehicle
unless that person possesses a valid commercial driver's
license of the appropriate class issued by DMV with specific
exceptions.
3)Imposes certain examination requirements for CDL applicants
and specifies the types of vehicles that are in each driver's
license class.
4)Specifies the conditions under which a nonresident who is not
licensed in the state may drive within the state and requires
a person to obtain a license from the DMV before being
employed as a commercial driver.
5)Prohibits a driver from operating a commercial motor vehicle
for a period of 60 days if a driver is convicted of two
serious traffic violations within two years or if the DMV
determines a driver had provided false information on their
application.
6)At the federal level, the Motor Carrier Safety Assistance
Program (MCSAP) issues a state grant program to assist states
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in reducing the number and severity of crashes and hazardous
materials incidents involving commercial motor vehicles.
FISCAL EFFECT : Unknown
COMMENTS : The Federal 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. FMCSA updates
the CDL program regulations and ensures that all states are in
compliance by conducting a program review of states' CDL
programs regularly. In 2011, FMCSA issued new regulations with
a three-year implementation period. To be in substantial
compliance, states must meet these revised standards contained
in the federal regulations by July 8, 2014. 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
non-discretionary conforming changes to California's CDL program
to ensure continued compliance with federal law and
corresponding federal regulations mandated by FMCSA. 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.
REGISTERED SUPPORT / OPPOSITION :
Support
California Construction Trucking Association
Opposition
None on file
AB 1047
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Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093