BILL ANALYSIS Ó AB 1047 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1047 (Linder) As Amended June 14, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |69-1 |(May 24, 2013) |SENATE: |37-0 |(September 6, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY : Conforms state law 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 buses weighing more than 26,000 pounds and require a commercial Class C license for buses 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 AB 1047 Page 2 obtains or assists in obtaining a commercial driver's permit or CDL. 7)Makes technical conforming changes. The Senate amendments : 1)Provide clarifying language to ensure persons with established residency within the state must first obtain a CDL prior to operating a motor vehicle for employment. 2)Provide clarifying language to further define a "tank vehicle." 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. AB 1047 Page 3 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)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 Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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. AB 1047 Page 4 Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093 FN: 0001616