BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2438
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  lowenthal
                                                         VERSION: 3/28/14
          Analysis by:  Erin Riches                      FISCAL:  no
          Hearing date:  June 10, 2014



          SUBJECT:

          Firefighting equipment:  driver's licenses:  trainer  
          requirements

          DESCRIPTION:

          This bill allows an individual who is training a firefighter how  
          to use firefighting equipment (e.g., to drive a fire engine) to  
          possess a class C license with a firefighter endorsement,  
          provided he or she meets all other statutory requirements.

          ANALYSIS:

          Existing law prescribes different classes of driver's licenses  
          for different types of vehicles.

           Class C:  The most common license, a Class C driver's license,  
            is issued to drivers of passenger vehicles and pickup trucks  
            with a gross vehicle weight rating (GVWR) of up to 26,000  
            pounds.  

           Class B:  A Class B license covers all vehicles covered by  
            Class C, as well as a vehicle with three or more axles  
            weighing more than 6,000 pounds; a bus; a farm labor vehicle;  
            a single vehicle with three or more axles or a GVWR of more  
            than 26,000 pounds, towing another vehicle with a GVWR of  
            maximum 10,000 pounds; and a house car over 40 feet in length.
               
           Class A:  A Class A license covers all vehicles covered by  
            Class B and C, as well as a combination of vehicles, if a  
            vehicle being towed has a GVWR of more than 10,000 pounds; a  
            vehicle towing more than one vehicle; and a trailer bus.

          Existing law establishes requirements to obtain a driver's  
          license as follows:

           Class C:  The applicant must be at least 18 years old (if  




          AB 2438 (LOWENTHAL)                                    Page 2

                                                                       


            under 18, the applicant must complete the provisional driver's  
            license program).  The applicant must complete an application,  
            provide a thumbprint, have his or her picture taken, provide a  
            social security number and verification of birth date and  
            legal presence, pass an eye exam, pass a traffic laws and  
            signs test, pass a drive test, and pay a $33 application fee.   
            If the applicant fails the drive test, he or she can re-test  
            for a $6 fee.  A Class C license is good for five years; the  
            renewal fee is $33.  

           Commercial driver's license (Class A or B):  The applicant  
            must be at least 21 years old if he or she will be driving  
            across state lines, 18 years old if driving only within  
            California.  In addition to completing Class C license  
            requirements, the applicant must pass a drive test, including  
            a pre-trip inspection and a skills and driving test; submit a  
            medical examination report form (the exam costs roughly $100);  
            complete a 10-Year History Record Check Form; and pay a $70  
            application fee.  If the applicant fails the drive test, he or  
            she can re-test for a $30 fee.  A commercial driver's license  
            is good for five years, with a renewal fee of $41, but the  
            applicant must submit a new medical report form every two  
            years.
               
           Firefighter endorsement:  To receive a firefighter  
            endorsement, a driver must complete the Class C license  
            requirements, submit proof of employment and training,  
            complete a health questionnaire form, and pay a $27  
            application fee.  The applicant must also complete Fire  
            Apparatus Driver/Operator 1A training or fire department  
            training that meets or exceeds National Fire Protection  
            Association or State Fire Marshal standards; prepares the  
            applicant to safely operate appropriate department fire  
            equipment; includes at least 16 hours of classroom  
            instruction; and includes at least 14 hours of supervised  
            behind-the-wheel training. The firefighter endorsement is  
            timed to expire with the license, and there is no renewal fee,  
            but the applicant must submit a new health questionnaire form  
            every two years.
               
          Existing law provides that in order to operate fire equipment,  
          an individual must possess:

           A restricted Class A license with a firefighter endorsement, a  
            non-commercial Class B license with a firefighter endorsement,  
            or a Class C license with a firefighter endorsement; or




          AB 2438 (LOWENTHAL)                                    Page 3

                                                                       



           A Class A or Class B license appropriate to the size and  
            configuration of the firefighting equipment he or she will  
            operate (a firefighter endorsement is not also required).

          Existing law provides that in order to conduct driver training  
          for fire equipment, an individual must:

           Be registered with the State Fire Marshal to instruct a Fire  
            Apparatus Driver/Operator 1A course; or

           Possess at least five years of fire service experience as an  
            emergency vehicle operator, three of which must be at the rank  
            of engineer or higher; possess a valid California Class A or  
            Class B license or a Class A or B license restricted to the  
            operation of firefighting equipment; and be certified as a  
            qualified training instructor or training officer by the state  
            of California, the federal government, or a county training  
            officers' association.

           This bill  provides that if an individual meets all other  
          statutory requirements, he or she may possess a Class C license  
          with a firefighter endorsement, rather than a Class A or Class B  
          license, in order to conduct firefighter driver training.

          COMMENTS:

           1.Purpose  .  The author states that fire departments are  
            increasingly choosing not to have designated training staff  
            and are instead broadly applying the term "trainer" to any  
            firefighter who may at some point in the course of their  
            career train their colleagues.  The author asserts that in  
            light of these circumstances, the existing law requirement of  
            a higher licensure standard for training presents an  
            unnecessary burden for firefighters and their departments.  

           2.Background  .  Until recently, state law required a firefighter  
            to obtain a commercial driver's license (Class A or Class B,  
            as appropriate) in order to operate firefighting equipment.   
            To obtain a commercial license, an applicant must pass a  
            written exam and a behind-the-wheel driving test in the  
            appropriate type of vehicle.  An applicant must take the  
            written exam through the state Department of Motor Vehicles  
            (DMV), but may take the behind-the-wheel exam either through  
            DMV or through a third-party tester authorized under DMV's  
            Employer Tester Program (ETP).  ETP allows transportation  




          AB 2438 (LOWENTHAL)                                    Page 4

                                                                       


            firms, including qualified fire departments, to administer  
            DMV-approved driving tests for their employees seeking  
            commercial driver's licenses.

            By 2010, DMV began significantly tightening ETP requirements  
            pursuant to broad changes in federal commercial licensing  
            regulations.  Fire departments argued that they would no  
            longer be able to conduct their own ETP programs but would  
            instead be forced to send their employees to one of DMV's  
            commercial drive test facilities.  This would make it more  
            difficult for firefighters - particularly in rural areas - to  
            get their driver's licenses.  

            Accordingly, AB 1648 (Jeffries), Chapter 360, Statutes of  
            2010, moved firefighter licenses out of the commercial  
            driver's license program.  Instead of requiring a commercial  
            driver's license to operate fire equipment, AB 1648 allows a  
            Class C license with a firefighter endorsement.  AB 1648  
            specified, however, that a trainer must possess a Class A or B  
            license, or a Class A or B license restricted to the operation  
            of firefighting equipment.        AB 1648 was the product of  
            extensive negotiations between this committee, stakeholders,  
            and DMV.  This committee focused on ensuring that training  
            undertaken by local fire departments met DMV standards.  To  
            help address this concern, the final version of AB 1648  
            included the requirement for trainers to hold a commercial  
            license.  The committee may wish to consider the fact that by  
            removing the requirement for trainers to hold a commercial  
            driver's license, this bill would partially undo the  
            settlement negotiated by this committee four years ago.   

            The sponsor of this bill, the California Professional  
            Firefighters, states that "the current broad application of  
            trainer-related licensing requirements ? flies contrary to the  
            spirit and intent of AB 1648, which was to promote a more  
            streamlined process for the issuance and use of firefighter  
            driver's licenses."  The sponsor states that this bill would  
            rectify that problem.

           3.How much streamlining is enough  ?  By removing the requirement  
            for firefighters to obtain a commercial license to operate  
            fire equipment, AB 1648 of 2010 exempted firefighters from the  
            medical examination report required for a commercial license.   
            Subsequently, AB 1567 (Jeffries), Chapter 111, Statutes of  
            2012, eliminated the requirement to submit a medical  
            examination report to obtain a firefighter endorsement,  




          AB 2438 (LOWENTHAL)                                    Page 5

                                                                       


            replacing it with a self-certified health questionnaire form.   
            By allowing a trainer to possess a Class C license with a  
            firefighter endorsement instead of a commercial driver's  
            license, this bill would enable a trainer, in addition to a  
            trainee, to submit a self-certified health questionnaire form.  
             

            The committee understands, however, that firefighters undergo  
            regular physical exams and evaluations.  For example,  
            firefighters must take an annual physical and fit test in  
            order to wear their self-contained breathing apparatus or  
            respirators, and most if not all professional fire departments  
            in the state require their employees to take an annual  
            physical.  

           4.Should trainers be held to a higher standard  ?  To obtain a  
            commercial driver's license, an applicant must, among other  
            requirements, pass a drive test conducted at a DMV field  
            office or ETP site.  To obtain a firefighter endorsement, an  
            applicant must, among other requirements, complete Fire  
            Apparatus Driver/Operator 1A training or similar fire  
            department training.  This training is a 40-hour course that  
            includes both classroom instruction and hands-on driving  
            exercises.  While this bill would not reduce these training  
            requirements, it would enable fire departments to "train the  
            trainers" onsite rather than sending employees to a DMV field  
            office to take the drive test.  The committee may wish to  
            consider whether allowing a trainer to be trained by a  
            coworker onsite maintains the same safety standard as  
            requiring a drive test by a DMV examiner at a DMV field  
            office. 

          Assembly Votes:

               Floor:    75-0
               Trans:    15-0

          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             June 4,  
          2014.)

               SUPPORT:  California Professional Firefighters (sponsor)
                         California Fire Chiefs Association
                         Catherine C. Capriles, Deputy Fire Chief of  
                         Training and Support 
                              Services, Palo Alto Fire Department




          AB 2438 (LOWENTHAL)                                    Page 6

                                                                       


                         Palo Alto Professional Firefighters, Local 1319
                         United Firefighters of Los Angeles City, Local  
          112
                         Chris Woodard, Battalion Chief, Palo Alto Fire  
          Department

               OPPOSED:  None received.