BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1047|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 1047
Author: Linder (R)
Amended: 6/14/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 6/25/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 69-1, 05/24/13 - See last page for vote
SUBJECT : Commercial driver's licenses: federal compliance
SOURCE : Author
DIGEST : 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 (Act) 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;
CONTINUED
AB 1047
Page
2
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
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/she wishes to drive, or submit to DMV a
Certificate of Driving Skill issued by his/her employer.
CONTINUED
AB 1047
Page
3
This bill:
1.Authorizes DMV to charge a fee to conduct a driving test for a
commercial learner's permit holder from another state.
2.Requires DMV to refuse to issue or renew a commercial driver's
license to an individual who commits fraud related to
obtaining the license.
3.Makes the following technical changes to bring California into
compliance with the new federal regulations:
A. Changes references from "non-resident" to
"non-domiciled" in regards to a license issued by DMV to an
individual from another state or country.
B. Eliminates language requiring a driver who is not a
California resident to obtain a California license before
accepting employment as a driver.
C. 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.
D. Updates definitions of a commercial motor vehicle and a
tank vehicle.
Background
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.
CONTINUED
AB 1047
Page
4
Fraudulent license or permit . The new FMCSA regulations require
states to disqualify an individual's commercial driving
privilege if he/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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/13/13)
California Construction Trucking Association
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 69-1, 5/24/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow,
Blumenfield, Bocanegra, Bonilla, Bradford, Brown, Buchanan,
Ian Calderon, Campos, Chau, Chesbro, Conway, Cooley, Dahle,
Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines,
Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Hagman, Hall,
Harkey, Roger Hern�ndez, Jones, Jones-Sawyer, Levine, Linder,
Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez,
Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Salas, Stone, Ting, Wagner, Weber,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Donnelly
NO VOTE RECORDED: Bloom, Bonta, Ch�vez, Grove, Holden, Skinner,
Waldron, Wilk, Vacancy, Vacancy
CONTINUED
AB 1047
Page
5
JA:ej 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED