BILL ANALYSIS Ó
SB 344
Page 1
Date of Hearing: June 29, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
344 (Monning) - As Amended June 23, 2015
SENATE VOTE: 38-1
SUBJECT: Commercial driver's license: education.
SUMMARY: Requires an individual to successfully complete a
course of instruction that is approved by the Department of
Motor Vehicles (DMV), as specified, in order to obtain a
commercial driver's license (CDL). Specifically, this bill:
1)Provides that starting January 1, 2018, in order to obtain a
commercial driver's license, an individual must successfully
complete a course of instruction from either a commercial
motor vehicle driver training institution or a program offered
by an employer that has been certified by DMV, in addition to
existing testing requirements.
2)Prohibits DMV from certifying a commercial motor vehicle
training institution or employer-provided program until the
institution or program has submitted to DMV an approved course
of instruction that meets the minimum standards set by DMV.
3)Requires DMV to update its commercial driving training safety
SB 344
Page 2
standards and curriculum as necessary to comply with guidance
or requirements established by the Federal Motor Carrier
Safety Administration (FMCSA).
4)Exempts from the course requirement:
a) 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.
b) A commercial motor vehicle driver who presents a valid
certificate of driving skill issued through a DMV-approved
employer testing program that offers a course of
instruction that has been submitted to DMV and meets
minimum DMV standards.
c) School pupil activity bus drivers, school bus drivers,
public transit bus drivers, and farm labor vehicle drivers
subject to certain training requirements, as specified.
1)Provides that an institution that is certified by DMV to offer
a commercial driver instruction course may not claim an
exemption from the Department of Consumer Affairs' Bureau for
Private Postsecondary Education (BPPE) regulations.
EXISTING LAW:
1)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.
2)Requires an individual, in order to obtain a commercial
driver's license, to successfully complete both a written and
driving test that complies with the minimum federal standards
to operate a commercial motor vehicle.
SB 344
Page 3
3)Requires DMV to prescribe and conduct commercial written and
driving tests. Further authorizes DMV to enter into agreements
with third-party testers to administer the driving test,
otherwise known as the Employer Testing Program.
4)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.
5)Requires the State Department of Education to develop or
approve courses for training drivers operating a school pupil
bus, school bus, transit bus, and farm labor vehicles in order
to obtain an operating certificate issued by DMV, as
specified.
6)Prohibits a person from operating a student pupil activity
bus, school bus, transit bus, or a farm labor vehicle unless
they obtain the appropriate operating certificate issued by
DMV.
7)At the federal level, the Moving Ahead for Progress in the
21st Century Act (Map-21) requires the FMCSA to develop
entry-level testing requirements for drivers of commercial
vehicles. Provides that FMCSA's final rulemaking identifying
the abovementioned requirements will be completed in 2016.
8)Establishes 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.
9)Exempts from BPPE regulation an institution that does not
award degrees and that solely provides educational programs
SB 344
Page 4
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.
FISCAL EFFECT: Unknown
COMMENTS: On July 10, 2014, a fatal accident occurred on
Highway 17 involving a big-rig and several cars in Santa Cruz
County. The accident resulted in a 25-year-old Santa Cruz
resident being fatally injured and several other motorists
suffering a range of injuries. Crashing into approximately 10
vehicles, the big-rig was being operated by a truck driver who
only had a CDL for three months when the brakes on two trailers
failed resulting in the driver losing control traveling
northbound on Highway 17. The author suggests that if the
driver had received adequate driver's training, he may have been
better equipped to manage the brake failure and avoided the
tragic accident.
The author introduced SB 344 in response to this accident in
order to establish a set of training standards a person must
obtain prior to testing for a CDL. Currently, a person
interested in obtaining a CDL is required to take a written and
driving skills test. While many applicants enroll in some form
of commercial driving school at their own expense, enrollment
and completion is not a requirement in the process of attaining
a CDL.
However, commercial driving schools vary in the type and quality
of instruction they provide. For example, training programs may
provide hourly training that only provides enough training to
pass the driving skills test whereas others offer full courses
encompassing several hours of training covering numerous topics.
Other differences include: variations in instructor expertise
and training equipment used by schools even when the instruction
is for the same CDL class or endorsement. Additionally, course
SB 344
Page 5
curriculum differs in the amount, content, topics that may be
provided to commercial driving students. The author claims this
deficiency in standardized training increases the risk of
additional tragic and fatal commercial vehicle accidents.
The idea of commercial driver training requirements prior to
testing and obtaining a CDL has and continues to be discussed
and evaluated at the federal level. As far back as 1991 with
the enactment of the Intermodal Surface Transportation
Efficiency Act, the quality and standardization of commercial
driver's training began to be discussed and studied. More
recent, enacted in 2012, MAP-21 directed FMCSA to develop
regulations on commercial motor vehicle safety and prescribe
minimal safety standards for the commercial trucking industry.
Ultimately, FMCSA established the Entry-Level Driver Training
Advisory Committee (ELDTAC) to conduct a negotiated rulemaking
process on entry-level training for drivers of commercial motor
vehicles. Currently, ELDTAC is in the process of discussing and
drafting recommendations on minimum training requirements for
individuals applying for a commercial driver's license. It is
anticipated that FMCSA will issue its final ruling sometime in
late 2016 and provide commercial driving schools and states a
period of time to reach compliance with the final rule.
SB 344 will, starting January 1, 2018, require a person to
complete a commercial driver training course in addition to
successfully completing the commercial driving written exam and
driving skills test in order to obtain a CDL. SB 344 also
requires DMV to set curriculum standards and certify commercial
driving schools that will offer commercial driving instruction
and will additionally exempt certain drivers that currently
receive driver's training under existing requirements. Lastly,
SB 344 requires that these certified schools will be subject to
oversight by BPPE. The author asserts that the state needs to
act now to ensure that new commercial vehicle drivers receive
effective training and operate safely on California roads.
SB 344
Page 6
It is important to point out that SB 344 may be duplicative of
the existing federal rulemaking process and could potentially
create implementation issues for DMV. Under SB 344, DMV is to
develop and establish curriculum standards and a certification
process for commercial driving schools. However, federal
requirements ultimately may differ from DMV-issued training
standards. For example, DMV-approved training institutions may
not be similarly approved by FMCSA, drivers exempted under SB
344 may be required to enroll in commercial driver's training
under federal regulations, or curriculum content may conflict
based on differing state and federal requirements. As a result,
DMV would be required to establish an entire new set of safety
and curriculum standards in order to conform with federal
regulations.
Double referral: This bill will be referred to the Assembly
Higher Education Committee should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
SB 344
Page 7
California Association of Highway Patrolman
California Bus Association
City of Capitola
City of Scotts Valley
City of Watsonville
Consumer Attorneys of California
County of Santa Cruz
Honorable Sam Liccardo, Mayor, City of San Jose
Jeffery F. Rosen, District Attorney, Santa Clara County
Metropolitan Transportation Commission
Peace Officers Research Association of California
Public Advocates Inc.
Truck Safety Coalition
SB 344
Page 8
University of San Diego
Young Invincibles
Opposition
None on file
Analysis Prepared by:Manny Leon / TRANS. / (916)
319-2093