BILL ANALYSIS Ó AB 1047 Page 1 Date of Hearing: May 15, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 1047 (Linder) - As Amended: April 22, 2013 Policy Committee: TransportationVote:15-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill conforms state law to federal law regarding commercial driver's licenses (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 electing to issue the permit or license that is compliance with federal regulations. 2)Allows the DMV to conduct a CDL test, and charge a testing fee, on a driver 18 years or older who possesses a CDL issued by any state or any foreign jurisdiction that meets the licensing standards specified in the Federal Code of Regulations. 3)Requires drivers that possess a CDL from a foreign jurisdiction that does not meet the federal licensing standards to obtain a learner's permit or CDL from DMV prior to operating a commercial motor vehicle. FISCAL EFFECT Minor absorbable one-time programming costs to DMV. COMMENTS 1)Background . The Federal Commercial Motor Vehicle Safety Act (FMCSA) 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. FMCSA updates the CDL program regulations and AB 1047 Page 2 ensures that all states are in compliance by regularly conducting a program review of states' CDL programs. 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 2014. 2)Purpose . AB 1047 makes 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 achieve substantial compliance with the federal regulations can result in the withholding of federal 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. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081