BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2438
Author: Lowenthal (D)
Amended: 3/28/14 in Assembly
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/10/14
AYES: DeSaulnier, Gaines, Cannella, Galgiani, Hueso, Lara, Liu,
Pavley, Roth, Wyland
NO VOTE RECORDED: Beall
ASSEMBLY FLOOR : 75-0, 5/5/14 (Consent) - See last page for vote
SUBJECT : Firefighting equipment: driver's licenses: trainer
requirements
SOURCE : California Professional Firefighters
DIGEST : 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/she meets all other statutory
requirements.
ANALYSIS :
Existing law:
1.Prescribes different classes of driver's licenses for
different types of vehicles.
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A. 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.
B. 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.
C. 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.
1.Establishes requirements to obtain a driver's license as
follows:
A. Class C . The applicant must be at least 18 years old
(if under 18, the applicant must complete the provisional
driver's license program). The applicant must complete an
application, provide a thumbprint, have his/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/she can re-test for a $6 fee. A Class C license
is good for five years; the renewal fee is $33.
B. 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/she can re-test for a
$30 fee. A commercial driver's license is good for five
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years, with a renewal fee of $41, but the applicant must
submit a new medical report form every two years.
C. 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.
1.Provides that in order to operate fire equipment, an
individual must possess:
A. 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
B. A Class A or Class B license appropriate to the size and
configuration of the firefighting equipment he/she will
operate (a firefighter endorsement is not also required).
1.Provides that in order to conduct driver training for fire
equipment, an individual must:
A. Be registered with the State Fire Marshal to instruct a
Fire Apparatus Driver/Operator 1A course; or
B. 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,
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or a county training officers' association.
This bill provides that if an individual meets all other
statutory requirements, he/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.
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
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 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/12/14)
California Professional Firefighters (source)
California Fire Chiefs Association
Palo Alto Professional Firefighters, Local 1319
United Firefighters of Los Angeles City, Local 112
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 75-0, 5/5/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein,
Medina, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Hall, Logue, Mansoor, Melendez, Vacancy
JA:e 6/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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