BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1047
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: linder
VERSION: 6/14/13
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 25, 2013
SUBJECT:
Commercial driver's licenses: federal compliance
DESCRIPTION:
This bill updates California commercial driver's license statute
in order to comply with new federal regulations.
ANALYSIS:
The federal Commercial Motor Vehicle Safety Act of 1986
established the commercial driver's license program to improve
highway safety by ensuring that drivers of large trucks and
buses are qualified to operate those vehicles. The act
established minimum national standards states must meet when
issuing commercial driver's licenses. The act addresses
circumstances that existed prior to 1986 by:
Making it illegal for commercial driver's license holders to
hold more than one license;
Requiring states to adopt knowledge and skills testing to
ensure that individuals required to have a commercial driver's
license are qualified to operate heavy trucks and buses; and
Establishing minimum licensing standards and information
requirements for the commercial driver's licenses that states
issue.
The Federal Motor Carrier Safety Administration (FMCSA)
administers the commercial drivers' license program,
occasionally updates program regulations, and conducts periodic
audits of state statutes to determine compliance with program
regulations. In 2011, FMCSA issued new regulations with a
three-year implementation period such that states must be in
substantial compliance by July 8, 2014. If a state fails to
comply, FMCSA may decertify its commercial driver's license
AB 1047 (LINDER) Page 2
program, meaning a state could no longer issue or renew
commercial driver's licenses, or upgrade a driver's license to a
commercial driver's license. Failure to comply with FMCSA
regulations may also render a state ineligible for Motor Carrier
Safety Assistance Program grants, which provide funds for
commercial vehicle safety programs.
California law allows an individual 18 years or older to apply
for a commercial driver's license by completing an application,
completing a 10-Year History Record Check form (if the
individual has held any type of driver's license in another
state or country), giving a thumbprint, having a picture taken,
providing a social security number, providing verification of
birth date and legal presence, paying an application fee,
passing an eye exam, submitting a completed medical examination
report form, and passing a traffic laws and signs test.
Once the individual has passed these tests and submitted the
required information and fee, the Department of Motor Vehicles
(DMV) issues the individual a commercial learner's permit. A
permit holder may only drive with a person who holds a valid
California driver's license in the same license class. To
receive the commercial driver's license, the permit holder must
pass a driving test with a DMV examiner in the type of vehicle
for the class he or she wishes to drive, or submit to DMV a
Certificate of Driving Skill issued by his or her employer.
This bill :
Authorizes DMV to charge a fee to conduct a driving test for a
commercial learner's permit holder from another state.
Requires DMV to refuse to issue or renew a commercial driver's
license to an individual who commits fraud related to
obtaining the license.
Makes the following technical changes to bring California into
compliance with the new federal regulations:
o Changes references from "non-resident" to
"non-domiciled" in regards to a license issued by DMV to an
individual from another state or country.
o Eliminates language requiring a driver who is not a
California resident to obtain a California license before
accepting employment as a driver.
AB 1047 (LINDER) Page 3
o Clarifies that a driver must hold a Class B license to
operate a bus weighing more than 26,000 lbs. and to hold a
Class C license to operate a bus weighing less than 26,000
lbs.
o Updates definitions of a commercial motor vehicle and a
tank vehicle.
COMMENTS:
1.Purpose . The author states that this bill brings California's
commercial driver's license program into compliance with FMCSA
regulations. If the state fails to comply, FMCSA could
de-certify DMV's commercial driver's license program; in
addition, the state could lose out on federal highway funds
and FMCSA grant funds. This bill ensures that California can
continue to operate its commercial driver's license program,
receive federal highway funds, and be eligible for federal
safety grants.
2.Driving test fee . The new FMCSA regulations authorize states
to conduct a commercial driver's license test for an
individual who holds a commercial learner's permit from
another state. After conducting the test, the state must
submit the test results electronically to the motor vehicle
department in the applicant's state of residence. For
example, an individual might obtain a commercial learner's
permit in Nevada, but attend truck driving school in
California and take the commercial driving test here.
Although existing law authorizes DMV to charge a fee in
conjunction with the driver's license application, it does not
authorize DMV to charge for simply taking the driving test.
This bill authorizes DMV to charge a fee for the test to cover
its costs.
3.Fraudulent license or permit . The new FMCSA regulations
require states to disqualify an individual's commercial
driving privilege if he or she is convicted of, or assisted
in, fraudulently obtaining a commercial license or instruction
permit. Existing California law allows DMV to refuse to issue
or renew a driver's license of an individual who commits fraud
related to obtaining the license. This bill establishes that
language specifically in relation to commercial drivers in
order to comply with the new federal regulations.
4.Technical changes . This bill makes several technical changes
AB 1047 (LINDER) Page 4
to statute to ensure that California conforms to federal
regulations. This bill eliminates inconsistencies with
federal regulations for statutory definitions of commercial
motor vehicle, tank vehicle, and commercial vehicle license
classes. It also conforms to federal regulations by changing
references from "non-resident" to "non-domiciled" in regards
to a driver's license issued by DMV to an individual from
another state or country. Finally, this bill eliminates
outdated language, which does not comply with the new federal
regulations, requiring a driver from another state or country
to obtain a California license before accepting employment.
Assembly Votes:
Floor: 69-1
Appr: 16-1
Trans: 15-0
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 19,
2013.)
SUPPORT: California Construction Trucking Association
OPPOSED: None received.