BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 344 Hearing Date: 4/14/2015
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|Author: |Monning |
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|Version: |2/24/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Erin Riches |
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SUBJECT: Commercial driver's license: education
DIGEST: This bill requires an individual to successfully
complete a course of instruction that is approved by the state
Department of Motor Vehicles (DMV) in order to obtain a
commercial driver's license.
ANALYSIS:
Existing law:
Prohibits an individual from operating a commercial motor
vehicle unless he or she has in his or her immediate possession
a valid commercial driver's license of the appropriate class.
Requires a commercial driver's license for a variety of trucks
weighing more than 26,000 lbs., passenger buses, and vehicles
carrying hazardous materials.
Requires an individual, in order to obtain a commercial driver's
license, to successfully complete both a written and driving
test that comply with the minimum federal standards to operate a
commercial motor vehicle.
Authorizes DMV to waive the driving test for an individual with
military commercial motor vehicle experience if the individual
is currently licensed with the U.S. Armed Forces and his or her
driving record and experience meet the minimum federal
standards.
SB 344 (Monning) Page 2 of ?
Requires DMV to prescribe and conduct commercial written and
driving tests, but authorizes DMV to enter into agreements with
third-party testers to administer the driving test (the Employer
Testing Program).
Exempts members and reservists of the U.S. Armed Forces,
National Guard, and U.S. Coast Guard from all commercial
driver's license requirements and sanctions.
Establishes the Bureau for Private Postsecondary Education
(BPPE) within the Department of Consumer Affairs to protect
students and provide regulatory oversight of private
postsecondary (post-high school) educational and vocational
institutions. Requires BPPE to review, investigate, and approve
private postsecondary institutions, programs, and courses of
instruction and authorizes BPPE to take formal action against
institutions to ensure compliance.
Exempts from BPPE regulation an institution that does not award
degrees and that solely provides educational programs for total
charges of less than $2,500, provided that no part of the
charges is paid from state or federal student financial aid
programs.
This bill:
Provides that in order to obtain a commercial driver's license,
an individual must successfully complete a course of instruction
from a commercial motor vehicle driver training institution that
has been certified by DMV, in addition to successfully
completing a written and driving test.
Prohibits DMV from certifying a commercial motor vehicle
training institution until it has approved the institution's
training program. Requires DMV to update its standards as
necessary to comply with guidance or requirements established by
the Federal Motor Carrier Safety Administration (FMCSA).
Exempts from the course requirement a commercial motor vehicle
driver with military motor vehicle experience who is currently
licensed with the U.S. Armed Forces, provided that his or her
driving record and driving experience meet the minimum federal
standards. Also exempts from the course requirement a
commercial motor vehicle driver who presents a valid certificate
of driving skill issued through the Employer Testing Program
SB 344 (Monning) Page 3 of ?
(ETP).
Provides that an institution that is certified by DMV to offer a
course of instruction to prepare students to obtain a commercial
driver's license may not claim an exemption from BPPE
regulation.
COMMENTS:
1.Purpose. The author states that 5,327 truck collisions, of
which 235 involved fatalities, were reported to the California
Highway Patrol in 2012. In July 2014, a truck with a double
tractor-trailer loaded with 50,000 pounds of soil lost control
on Highway 17 and crashed into 10 cars, injuring seven people
and killing 25-year-old Daniel McGuire of Santa Cruz. The
driver had little, if any, formal training prior to the crash.
The author states that by ensuring that commercial truck
drivers receive an adequate standard of training, this bill
can help reduce the risk of tragic and fatal truck accidents.
2.Ensuring legitimate training. Last year, the Legislature
reauthorized the existence of BPPE (SB 1247, Lieu, Chapter
840, Statutes of 2014). The Senate Floor Analysis for SB 1247
notes that "As the number of students served by private
postsecondary institutions has increased, so has the focus on
fraudulent practices and low academic standards. There have
been numerous high-profile federal investigations into the
practices of for-profit institutions in recent years."
According to the author, truck driver training options can
range from a $7,000, five-month, intensive training program to
a $50 DVD. This bill aims to protect students from fraudulent
truck driver training schools by removing the exemption from
BPPE regulation for schools that charge less than $2,500 for a
course of instruction and by requiring individuals to complete
a course of instruction from a DMV-certified institution.
3.Employer Testing Program (ETP) exemption. This bill exempts
from the course requirement an individual who presents a valid
certificate of driving skill issued through ETP. ETP allows
firms that employ commercial drivers to administer driving
tests for their employees (but written tests must be taken
through DMV). According to the California Trucking
Association, 180 employers in the state currently participate
in ETP. In order to participate, employers must apply to DMV,
obtain DMV approval for examiners and training, and meet
SB 344 (Monning) Page 4 of ?
specified record retention requirements. In addition, DMV
regularly inspects and audits ETP participants. The author
states that because ETP is highly regulated by DMV, it is
appropriate to exempt individuals who have passed an ETP test
from the course requirement.
4.Expand the ETP exemption? The Commercial Vehicle Training
Association (CVTA), while supportive of this bill, seeks
amendments expanding the ETP exemption to include a
certificate issued by any third-party testing facility. CVTA
states that commercial driver's license applicants in
California face wait times of 30-45 days to take the test. As
a result, despite a shortage of 35,000 drivers in the trucking
industry, many students give up because they cannot afford to
be unemployed while waiting to take the test.
As noted above, DMV closely regulates ETP to ensure that firms
participating in the program adhere to federal standards.
While existing law authorizes DMV to include driving schools
in a third-party testing agreement, DMV regulations limit the
program to employers of drivers. This bill seeks to ensure
that students receive training from legitimate institutions
that are certified by DMV. Amending this bill to expand the
ETP exemption to non-regulated third-party testers would
appear to be inconsistent with the intent of this bill.
5.Federal standards. Federal regulations require an individual
to successfully pass written and driving tests that meet
federal standards in order to obtain a commercial driver's
license, but do not require an individual to take a course of
instruction. The federal Moving Ahead for Progress in the
21st Century Act (P.L. 112-141, commonly known as MAP-21),
signed by President Obama in July 2012, directs FMCSA to
establish new regulations for minimum training requirements
for individuals applying for a commercial driver's license.
FMCSA has established a stakeholder committee, which began
conducting public meetings in March 2015 to consider
requirements such as length of classroom instruction and
behind-the-wheel experience. FMCSA intends to publish
proposed regulations late this year. This bill requires DMV
to update its standards as necessary to comply with FMCSA
guidance or requirements.
6.What about commercial drivers from other states? Federal law
prohibits an individual from holding a license from more than
SB 344 (Monning) Page 5 of ?
one state. If an individual from another jurisdiction were to
apply for a commercial driver's license in California, he or
she would have to surrender his or her current license and
meet the requirements of this bill when applying for a
California license. Alternatively, if an individual holds a
license from another state, the license is recognized in
California as long as it is valid.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 8, 2015.)
SUPPORT:
California Association of Highway Patrolmen
California Trucking Association
Capitola City Council
City of San Jose
Consumer Attorneys of California
Peace Officers Research Association of California
Santa Cruz County Board of Supervisors
Santa Cruz County Regional Transportation Commission
Scotts Valley City Council
OPPOSITION:
None received.
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