Amended in Assembly June 23, 2015

Amended in Senate June 2, 2015

Senate Bill No. 344

Introduced by Senator Monning

(Coauthor: Senator Beall)

(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 amended, 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, 2018, would also require a person to successfully complete a course of instruction from a commercial driver training institution or program offered by an employer with an approved course of instruction 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 course of instruction to include, at a minimum, standards necessary to ensure a driver is proficient in safely operating a commercial vehicle. begin insert This bill would also require a commercial driver’s license applicant to successfully complete a written and driving test, as specified. end insert

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 provision if any of a list of specific criteria are met.

This bill, commencing January 1, 2018, would remove the exemption from the provisions of the act 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, 2018, 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 begin delete a end delete begin insert an original end insert commercial
driver’s license until he or she has satisfied all of the following
requirements:

(i) (I) Commencing January 1, 2018, successful completion of
a course of instruction from a commercial motor vehicle driver
training institution or program offered by an employer that has
been certified by the department, except as provided in subclause
(II). The department shall not certify a commercial motor vehicle
driver training institution or program offered by an employer until
the institution or program has submitted an approved course of
instruction that meets minimum standards set by the department.
The course of instruction 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.

(II) The following persons are not required to satisfy the
requirement described in this clause:

(ia) 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).

(ib) A commercial motor vehicle driver who presents a valid
certificate of driving skill from an approved employer-testing
program that begin delete includes, and has submitted to the department, an
approved end delete begin insert includes a end insert course of instruction that meets the minimum
standards set by the begin delete department. end delete begin insert department, and has been
submitted to, and approved by, the department. end insert

begin insert

(ic) A commercial motor vehicle driver who presents a
certificate issued by the Department of the California Highway
Patrol pursuant to Section 12517 or a department Transit Driver
Training Record DL 260 form signed by an employer trainer
certified by the Transportation Safety Institute of the United States
Department of Transportation’s Motor Carrier Training, commonly
referred to as the Federal Transit Administration’s
“Train-the-Trainer” program.

end insert begin insert

(id) A commercial motor vehicle driver who has received and
documented training in compliance with Chapter 3 (commencing
with Section 40080) of Part 23.5 of Division 3 of Title 2 of the
Education Code.

end insert begin insert

(III) In addition to the requirements of subclause (I), issuance
of a commercial driver’s license shall require the successful
completion of a written and driving test, conducted by the
department, that complies with clause (ii).

end insert

(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.

(iii) Satisfaction of all other requirements of the federal act
referenced in clause (ii) 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.