BILL ANALYSIS �
AB 1047
Page 1
ASSEMBLY THIRD READING
AB 1047 (Linder)
As Amended April 22, 2013
Majority vote
TRANSPORTATION 15-0 APPROPRIATIONS 16-1
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|Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Harkey, Bigelow, |
| |Achadjian, Ammiano, | |Bocanegra, Bradford, Ian |
| |Blumenfield, Bonta, | |Calderon, Campos, Eggman, |
| |Buchanan, Daly, Frazier, | |Gomez, Hall, Rendon, |
| |Gatto, Holden, Morrell, | |Linder, Pan, Quirk, |
| |Nazarian, Patterson, | |Wagner, Weber |
| |Quirk-Silva | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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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 in
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
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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.
EXISTING LAW :
1)Provides, under federal law and regulations promulgated by the
Federal Motor Carrier Safety Administration (FMCSA), 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
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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)States, at the federal level, that the Motor Carrier Safety
Assistance Program (MCSAP) issues a state grant program to assist
states in reducing the number and severity of crashes and
hazardous materials incidents involving commercial motor vehicles.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor absorbable one-time programming costs to DMV.
COMMENTS : 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 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. 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.
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0000603