BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  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 


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