BILL ANALYSIS �
AB 1047
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CONCURRENCE IN SENATE AMENDMENTS
AB 1047 (Linder)
As Amended June 14, 2013
Majority vote
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|ASSEMBLY: |69-1 |(May 24, 2013) |SENATE: |37-0 |(September 6, |
| | | | | |2013) |
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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
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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.
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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.
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Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0001616