BILL NUMBER: SB 344	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 94874.3 is added to the Education Code, to
read:
   94874.3.  Commencing January 1, 2017, an institution that offers a
course of instruction to prepare students to obtain a commercial
driver's license that is certified by the Department of Motor
Vehicles pursuant to Section 15250 of the Vehicle Code, may not claim
an exemption from this chapter.
  SEC. 2.  Section 15250 of the Vehicle Code is amended to read:
   15250.  (a) (1) A person shall not operate a commercial motor
vehicle unless that person has in his or her immediate possession a
valid commercial driver's license of the appropriate class.
   (2) A person shall not operate a commercial motor vehicle while
transporting hazardous materials unless that person has in his or her
possession a valid commercial driver's license with a hazardous
materials endorsement. An instruction permit does not authorize the
operation of a vehicle transporting hazardous materials.
   (b) (1) Before an application for an original or renewal of a
commercial driver's license with a hazardous materials endorsement is
submitted to the United States Transportation Security
Administration for the processing of a security threat assessment, as
required under Part 1572 of Title 49 of the Code of Federal
Regulations, the department shall complete a check of the applicant's
driving record to ensure that the person is not subject to a
disqualification under Part 383.51 of Title 49 of the Code of Federal
Regulations.
   (2) (A) A person shall not be issued a commercial driver's license
until he or she has  passed   satisfied all of
the following requirements:  
   (i) Commencing January 1, 2017, successful completion of a course
of instruction from a commercial motor vehicle driver training
institution that has been certified by the department, except as
provided in subclauses (I) and (II). The department shall not certify
a commercial motor vehicle driver training institution until the
institution has submitted an approved training program that meets
minimum standards set by the department. The program shall include,
at a minimum, standards necessary to ensure a driver is proficient in
safely operating a commercial vehicle. The department shall, as
necessary, update the required standards to comply with the guidance
or requirements issued by the federal Motor Carrier Safety
Administration.  
   The following persons shall not be required to satisfy the
requirement described in clause (i):  
   (I) A commercial motor vehicle driver with military motor vehicle
experience who is currently licensed with the United States Armed
Forces and who meets the waiver requirements in subparagraph (B).
 
   (II) A commercial motor vehicle driver who presents a valid
certificate of driving skill from an approved employer-testing
program. 
    (ii)     Successful completion of  a
written and driving test for the operation of a commercial motor
vehicle that complies with the minimum federal standards established
by the federal Commercial Motor Vehicle Safety Act of 1986 (Public
Law 99-570) and Part 383 of Title 49 of the Code of Federal 
Regulations, and has satisfied   Regulations. 
    (iii)     Satisfaction of  all other
requirements of that act as well as any other requirements imposed by
this code.
   (B) The driving skills test as specified in Section 383.113 of
Title 49 of the Code of Federal Regulations may be waived for a
commercial motor vehicle driver with military commercial motor
vehicle experience who is currently licensed with the United States
Armed Forces at the time of his or her application for a commercial
driver's license, and whose driving record in combination with his or
her driving experience meets, at a minimum, the conditions required
by Section 383.77(a) and (b) of Title 49 of the Code of Federal
Regulations.
   (c) The tests shall be prescribed and conducted by or under the
direction of the department. The department may allow a third-party
tester to administer the driving test part of the examination
required under this section and Section 15275 if all of the following
conditions are met:
   (1) The tests given by the third party are the same as those that
would otherwise be given by the department.
   (2) The third party has an agreement with the department that
includes, but is not limited to, the following provisions:
   (A) Authorization for the United States Secretary of
Transportation, or his or her representative, and the department, or
its representative, to conduct random examinations, inspections, and
audits without prior notice.
   (B) Permission for the department, or its representative, to
conduct onsite inspections at least annually.
   (C) A requirement that all third-party testers meet the same
qualification and training standards as the department's examiners,
to the extent necessary to conduct the driving skill tests in
compliance with the requirements of Part 383 of Title 49 of the Code
of Federal Regulations.
   (D) The department may cancel, suspend, or revoke the agreement
with a third-party tester if the third-party tester fails to comply
with the standards for the commercial driver's license testing
program, or with any other term of the third-party agreement, upon 15
days' prior written notice of the action to cancel, suspend, or
revoke the agreement by the department to the third party. Any action
to appeal or review any order of the department canceling,
suspending, or revoking a third-party testing agreement shall be
brought in a court of competent jurisdiction under Section 1085 of
the Code of Civil Procedure, or as otherwise permitted by the laws of
this state. The action shall be commenced within 90 days from the
effective date of the order.
   (E) Any third-party tester whose agreement has been canceled
pursuant to subparagraph (D) may immediately apply for a third-party
testing agreement.
   (F) A suspension of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of less than 12 months as
determined by the department. After the period of suspension, the
agreement shall be reinstated upon request of the third-party tester.

   (G) A revocation of a third-party testing agreement pursuant to
subparagraph (D) shall be for a term of not less than one year. A
third-party tester may apply for a new third-party testing agreement
after the period of revocation and upon submission of proof of
correction of the circumstances causing the revocation.
   (H) Authorization for the department to charge the third-party
tester a fee, as determined by the department, that is sufficient to
defray the actual costs incurred by the department for administering
and evaluating the third-party testing program, and for carrying out
any other activities deemed necessary by the department to ensure
sufficient training for the drivers participating in the program.
   (3) Except as provided in Section 15250.3, the tests given by the
third party shall not be accepted in lieu of tests prescribed and
conducted by the department for applicants for a passenger vehicle
endorsement specified in paragraph (2) of subdivision (a) of Section
15278, if the applicant operates or will operate a tour bus.
   (d) Commercial driver's license applicants who take and pass
driving tests administered by a third party shall provide the
department with certificates of driving skill satisfactory to the
department that the applicant has successfully passed the driving
tests administered by the third party.
   (e) If a driving test is administered to a commercial driver's
license applicant who is to be licensed in another state pursuant to
Section 383.79 of Subpart E of Part 383 of Title 49 of the Code of
Federal Regulations, the department may impose a fee on the applicant
that does not exceed the reasonable cost of conducting the tests and
reporting the results to the driver's state of record.
   (f) Implementation dates for the issuance of a commercial driver's
license pursuant to this chapter may be established by the
department as it determines is necessary to accomplish an orderly
commercial driver's license program.
   (g) Active duty members of the United States Armed Forces, members
of the military reserves, members of the National Guard who are on
active duty, including personnel on full-time National Guard duty,
personnel on part-time National Guard training, and National Guard
military technicians (civilians who are required to wear military
uniforms), and active duty personnel of the United States Coast Guard
are exempt from all commercial driver's license requirements and
sanctions, as provided in Section 383.3(c) of Subpart A of Part 383
of Title 49 of the Code of Federal Regulations when operating motor
vehicles for military purposes. This exception shall not apply to
United States Armed Forces reserve technicians.