Senate BillNo. 344


Introduced by Senator Monning

(Coauthor: Assembly Member Mark Stone)

February 24, 2015


An act to add Section 94874.3 to the Education Code, and to amend Section 15250 of the Vehicle Code, relating to commercial vehicle driver education.

LEGISLATIVE COUNSEL’S DIGEST

SB 344, as introduced, Monning. Commercial driver’s license: education.

Existing law prohibits the Department of Motor Vehicles from issuing a commercial driver’s license to any person to operate a commercial motor vehicle unless the person has passed a written and driving test for the operation of a commercial motor vehicle that complies with the minimum standards established by the federal Commercial Motor Vehicle Safety Act of 1986 and specified federal regulations, and has satisfied all other requirements of that act as well as any other requirements imposed by state law.

This bill, commencing January 1, 2017, would also require a person to successfully complete a course of instruction from a commercial driver training institution with an approved training program that has been certified by the department before he or she is issued a commercial driver’s license, except as specified. The bill would require the program to include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle.

Existing law, the California Private Postsecondary Education Act of 2009, provides for the regulation of private postsecondary educational institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. The act exempts an institution from its provisions, if any of a list of specific criteria are met.

The bill, commencing January 1, 2017, would remove the exemption from its provisions for an institution that is certified by the Department of Motor Vehicles to offer a course of instruction to prepare students to obtain a commercial driver’s license, thereby making the act applicable to the institution.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 94874.3 is added to the Education Code,
2to read:

3

94874.3.  

Commencing January 1, 2017, an institution that
4offers a course of instruction to prepare students to obtain a
5commercial driver’s license that is certified by the Department of
6Motor Vehicles pursuant to Section 15250 of the Vehicle Code,
7may not claim an exemption from this chapter.

8

SEC. 2.  

Section 15250 of the Vehicle Code is amended to read:

9

15250.  

(a) (1) A person shall not operate a commercial motor
10vehicle unless that person has in his or her immediate possession
11a valid commercial driver’s license of the appropriate class.

12(2) A person shall not operate a commercial motor vehicle while
13transporting hazardous materials unless that person has in his or
14her possession a valid commercial driver’s license with a hazardous
15 materials endorsement. An instruction permit does not authorize
16the operation of a vehicle transporting hazardous materials.

17(b) (1) Before an application for an original or renewal of a
18commercial driver’s license with a hazardous materials
19endorsement is submitted to the United States Transportation
20Security Administration for the processing of a security threat
21assessment, as required under Part 1572 of Title 49 of the Code
22of Federal Regulations, the department shall complete a check of
23the applicant’s driving record to ensure that the person is not
24subject to a disqualification under Part 383.51 of Title 49 of the
25Code of Federal Regulations.

26(2) (A) A person shall not be issued a commercial driver’s
27license until he or she hasbegin delete passedend deletebegin insert satisfied all of the following
28requirements:end insert

begin insert

P3    1(i) Commencing January 1, 2017, successful completion of a
2course of instruction from a commercial motor vehicle driver
3training institution that has been certified by the department, except
4as provided in subclauses (I) and (II). The department shall not
5certify a commercial motor vehicle driver training institution until
6the institution has submitted an approved training program that
7meets minimum standards set by the department. The program
8shall include, at a minimum, standards necessary to ensure a driver
9is proficient in safely operating a commercial vehicle. The
10department shall, as necessary, update the required standards to
11comply with the guidance or requirements issued by the federal
12Motor Carrier Safety Administration.

end insert
begin insert

13The following persons shall not be required to satisfy the
14requirement described in clause (i):

end insert
begin insert

15(I) A commercial motor vehicle driver with military motor
16vehicle experience who is currently licensed with the United States
17Armed Forces and who meets the waiver requirements in
18subparagraph (B).

end insert
begin insert

19(II) A commercial motor vehicle driver who presents a valid
20certificate of driving skill from an approved employer-testing
21program.

end insert

22begin insert (ii)end insertbegin insertend insertbegin insertSuccessful completion ofend insert a written and driving test for the
23operation of a commercial motor vehicle that complies with the
24minimum federal standards established by the federal Commercial
25Motor Vehicle Safety Act of 1986 (Public Law 99-570) and Part
26383 of Title 49 of the Code of Federalbegin delete Regulations, and has
27satisfiedend delete
begin insert Regulations.end insert

28begin insert (iii)end insertbegin insertend insertbegin insertSatisfaction ofend insert all other requirements of that act as well as
29any other requirements imposed by this code.

30(B) The driving skills test as specified in Section 383.113 of
31Title 49 of the Code of Federal Regulations may be waived for a
32commercial motor vehicle driver with military commercial motor
33vehicle experience who is currently licensed with the United States
34Armed Forces at the time of his or her application for a commercial
35driver’s license, and whose driving record in combination with his
36or her driving experience meets, at a minimum, the conditions
37required by Section 383.77(a) and (b) of Title 49 of the Code of
38Federal Regulations.

39(c) The tests shall be prescribed and conducted by or under the
40direction of the department. The department may allow a
P4    1third-party tester to administer the driving test part of the
2examination required under this section and Section 15275 if all
3of the following conditions are met:

4(1) The tests given by the third party are the same as those that
5would otherwise be given by the department.

6(2) The third party has an agreement with the department that
7includes, but is not limited to, the following provisions:

8(A) Authorization for the United States Secretary of
9Transportation, or his or her representative, and the department,
10or its representative, to conduct random examinations, inspections,
11and audits without prior notice.

12(B) Permission for the department, or its representative, to
13conduct onsite inspections at least annually.

14(C) A requirement that all third-party testers meet the same
15qualification and training standards as the department’s examiners,
16to the extent necessary to conduct the driving skill tests in
17compliance with the requirements of Part 383 of Title 49 of the
18Code of Federal Regulations.

19(D) The department may cancel, suspend, or revoke the
20agreement with a third-party tester if the third-party tester fails to
21comply with the standards for the commercial driver’s license
22testing program, or with any other term of the third-party
23agreement, upon 15 days’ prior written notice of the action to
24cancel, suspend, or revoke the agreement by the department to the
25third party. Any action to appeal or review any order of the
26department canceling, suspending, or revoking a third-party testing
27agreement shall be brought in a court of competent jurisdiction
28under Section 1085 of the Code of Civil Procedure, or as otherwise
29permitted by the laws of this state. The action shall be commenced
30within 90 days from the effective date of the order.

31(E) Any third-party tester whose agreement has been canceled
32pursuant to subparagraph (D) may immediately apply for a
33third-party testing agreement.

34(F) A suspension of a third-party testing agreement pursuant to
35subparagraph (D) shall be for a term of less than 12 months as
36determined by the department. After the period of suspension, the
37agreement shall be reinstated upon request of the third-party tester.

38(G) A revocation of a third-party testing agreement pursuant to
39subparagraph (D) shall be for a term of not less than one year. A
40third-party tester may apply for a new third-party testing agreement
P5    1after the period of revocation and upon submission of proof of
2correction of the circumstances causing the revocation.

3(H) Authorization for the department to charge the third-party
4tester a fee, as determined by the department, that is sufficient to
5defray the actual costs incurred by the department for administering
6and evaluating the third-party testing program, and for carrying
7out any other activities deemed necessary by the department to
8ensure sufficient training for the drivers participating in the
9program.

10(3) Except as provided in Section 15250.3, the tests given by
11the third party shall not be accepted in lieu of tests prescribed and
12conducted by the department for applicants for a passenger vehicle
13endorsement specified in paragraph (2) of subdivision (a) of
14Section 15278, if the applicant operates or will operate a tour bus.

15(d) Commercial driver’s license applicants who take and pass
16driving tests administered by a third party shall provide the
17department with certificates of driving skill satisfactory to the
18department that the applicant has successfully passed the driving
19tests administered by the third party.

20(e) If a driving test is administered to a commercial driver’s
21license applicant who is to be licensed in another state pursuant
22to Section 383.79 of Subpart E of Part 383 of Title 49 of the Code
23of Federal Regulations, the department may impose a fee on the
24applicant that does not exceed the reasonable cost of conducting
25the tests and reporting the results to the driver’s state of record.

26(f) Implementation dates for the issuance of a commercial
27driver’s license pursuant to this chapter may be established by the
28department as it determines is necessary to accomplish an orderly
29commercial driver’s license program.

30(g) Active duty members of the United States Armed Forces,
31members of the military reserves, members of the National Guard
32who are on active duty, including personnel on full-time National
33Guard duty, personnel on part-time National Guard training, and
34National Guard military technicians (civilians who are required to
35wear military uniforms), and active duty personnel of the United
36States Coast Guard are exempt from all commercial driver’s license
37requirements and sanctions, as provided in Section 383.3(c) of
38Subpart A of Part 383 of Title 49 of the Code of Federal
39Regulations when operating motor vehicles for military purposes.
P6    1This exception shall not apply to United States Armed Forces
2reserve technicians.



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