BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1648
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: jeffries
VERSION: 5/24/10
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: June 22, 2010
SUBJECT:
Driver's licenses for firefighters
DESCRIPTION:
This bill changes the type of driver's license required to
operate firefighting equipment from a class A or B commercial
driver's license (CDL) or a restricted firefighting license to a
class C license with a firefighter endorsement and allows a
person without such an endorsement to operate firefighting
equipment for training purposes during non-emergencies provided
the driver is accompanied by a properly licensed driver.
ANALYSIS:
Class of driver's licenses in general
Existing law prescribes different classes of driver's licenses
for different types of vehicles.
A class C license is the most common driver's license, typically
used to operate passenger cars and pick-up trucks, and is valid
for the operation of the following vehicles.
A class B license is valid for the operation of the following
vehicles:
All vehicles covered in class C
A single vehicle with three or more axles weighing more
than 6,000 pounds
A bus except a trailer bus
A farm labor vehicle
A single vehicle with three or more axles or a GVWR of
more than 26,000 pounds towing another vehicle with a GVWR
of 10,000 pounds or less
A house car over 40 feet in length
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A class A license is valid to operate the following vehicles:
All vehicles covered in Class B and C
A combination of vehicles, if a vehicle being towed has
a GVWR of more than 10,000 pounds
A vehicle towing more than one vehicle
A trailer bus
Licensing requirements to operate firefighting equipment
Firefighting equipment is defined as "a motor vehicle used to
travel to and from the scene of any emergency situation, or to
transport equipment used in the control of any emergency
situation, and which is owned, leased, or rented by, or under
the exclusive control of, a federal or state agency, a regularly
organized fire department of a city, county, city and county, or
district, or a volunteer fire department having official
recognition of the city, county, city and county, or district in
which the department is located." To operate firefighting
equipment, current law requires a person to hold a valid
commercial driver's license for the appropriate class of vehicle
or a restricted commercial license. Many types of fire
equipment are vehicles that require a class A or B driver's
license.
DMV may also issue a restricted license, which is only valid for
the operation of firefighting equipment and vehicles that
require a class C license. These licenses are also subject to
the commercial licensing program and, with two exceptions, have
many of the same requirements as an unrestricted, class A or B
commercial driver's license.
To become licensed to drive a commercial vehicle, including
firefighter equipment, an applicant must pass a written exam and
a behind-the-wheel driving test that is appropriate for the type
of motor vehicle the applicant requires a license to drive. The
applicant must also pass hearing and eyesight tests and provide
a report from a medical examination that has been conducted no
longer than two years prior to the application for a driver's
license. The DMV conducts the written exam and may conduct the
driving exam; however, DMV also authorizes certain third-party
testers to conduct the driving exam under its Employer Testing
Program (ETP).
The ETP allows transportation firms, including fire departments
that meet specified conditions, to administer driving tests for
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their employees seeking a commercial driver's license. The
driving tests given by third-party testers must be equivalent to
those given by DMV. Once a driver passes the behind-the-wheel
driving test, he or she takes the test results to DMV who
ensures all other requirements have been met and then issues the
license.
While driving, a person must have in his or her immediate
possession a valid driver's license appropriate for the vehicle
he or she is driving. Firefighters, if they have been issued an
appropriate driver's license, are exempt from the requirement of
having it in their immediate possession when responding to or
returning from the scene of an emergency.
Sanctions for commercial vs. noncommercial licenses
As noted above, the driver's licenses required to operate
firefighting equipment are subject to the commercial licensing
program. The commercial licensing program imposes stricter
sanctions on drivers who violate motor vehicle laws than those
that typically apply to drivers with noncommercial licenses.
For example, noncommercial licenses may be suspended or revoked
if the driver accrues on his or her driving record four or more
violation points in 12 months, six or more points in 24 months,
or eight or more points in 36 months. In contrast, a person's
commercial license may be suspended or revoked if the driver
accrues six or more points in 12 months, eight or more points in
24 months, or 10 or more points in 36 months, with some
exceptions. Additionally, points accrue on a commercial driver's
license even if the violation occurred in a vehicle that does
not require a commercial license to drive such as passenger
vehicle that require only a class C license. Moreover, for
violations that occur while operating a commercial vehicle, each
point assigned for the violation is valued at one and one-half
times the value otherwise required by law.
Pull-notice program for commercial vehicles
Employers of drivers of commercial vehicles, which are vehicles
that transport goods or people for-hire, are required to
participate in the "pull-notice" system. The pull-notice system
is a process whereby DMV provides a report to the employer
showing the driver's current driving record and anything added
to the record while the driver is employed with the company.
The employer must also obtain from DMV periodic reports that
verify that each employee's driver's license has not been
suspended or revoked, state the employee's traffic violation
point count, and indicate whether the employee has been
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convicted of operating a vehicle under the influence of drugs or
alcohol. The employer must maintain these reports at its
principal place of business and present the reports upon demand
to the California Highway Patrol. DMV charges a fee to
employers who participate in the pull-notice program with the
exception of government agencies who are exempt from this fee.
This bill changes the type of driver's license required to
operate firefighting equipment from a class A or B commercial
driver's license (CDL) or a restricted firefighting license to a
class C license with a firefighter endorsement. In
accomplishing this objective, the bill does all of the
following:
Provides that firefighting equipment with a GVWR greater than
26,000 is not subject to a class A or B license and allows a
person to operate firefighting equipment with a GVWR greater
than 26,000 pounds if he or she obtains a firefighter
endorsement on his or her class A, B, or C license.
Deletes DMV's authority to issue a restricted license valid
only for the operation of firefighting equipment.
Provides that to be eligible for a firefighter endorsement, a
person must provide to DMV proof of employment with a fire
department, provide evidence that the person has received
training in fire equipment operation, and pass a written
firefighter exam developed jointly by DMV and the State Fire
Marshall's Office.
Subjects a "tiller operator" to the licensing requirement. A
tiller operator is defined as "the driver of the rear
free-axle portion of a ladder truck."
Allows a person to operate firefighting equipment without the
firefighter endorsement if the driver is operating the
equipment for training purposes, during a non-emergency, and
is accompanied by and under the supervision of a fire
department employee who is properly licensed to operate the
equipment.
Deletes the exemption from the requirement that a firefighter,
when he or she has been issued a valid license appropriate for
the vehicle being driven, must have in his or her immediate
possession a license appropriate for the vehicle he or she is
driving when responding to or returning from an emergency.
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Deletes the requirement that the drive test and pre-test
inspection for a license necessary to operate firefighting
equipment be done in accordance with the requirements of the
commercial licensing program, thus exempting DMV and
firefighters from having to use a drive test intended for
commercial licenses.
Provides that DMV shall not charge a fire department a fee to
participate in the pull-notice system.
Provides that the licensing requirement applies to a person
seeking a license to operate firefighting equipment or who is
renewing his or her license as of January 1, 2011.
COMMENTS:
1.Purpose . The author indicates that the requirements for
employers to operate an ETP program will become increasingly
more cumbersome in the next few years. The burdens placed on
fire departments by these new changes will, according to the
author, cripple the ability of nearly all fire departments
throughout the state to operate a program. Because fire
departments will be unlikely to participate in the program and
test their own drivers, fire departments will have to send
their firefighters seeking an appropriate license for
firefighting equipment to one of DMV's commercial drive test
facilities. The problem is that DMV is expected to reduce the
number of these facilities statewide from 30 to eight. The
author is concerned that eight commercial drive test
facilities will be unable to meet the needs of fire
departments throughout the entire state, particularly those
located in rural areas. A fire department would risk losing
both personnel and equipment if firefighters have to travel
long distances in order to take the test. Also, many fire
departments prefer tests in local locations because it tests a
driver's ability on local roads, which may be very different
than those at the commercial drive test facilities.
The bill addresses this problem by moving firefighting
licenses out of the commercial licensing program. The author
explains that this bill is the product of over nine months of
stakeholder meetings, negotiations, and statewide gatherings
of fire officials. The author has met with representatives
from DMV while developing this bill and has consistently
communicated any and all concerns to DMV. This bill is
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anticipated to save the DMV significant amounts of money as it
will relieve demand on its commercial drive test facilities.
2.Third-party testing fraud . DMV confirms that the federal
requirements for operating an ETP program will become
stricter, explaining that the Office of Inspector General in
the U.S. Department of Transportation has identified numerous
example of third-party testing fraud. Furthermore, in its own
36-month investigation, the Federal Motor Carrier Safety
Administration identified over 15,000 individuals suspected of
obtaining commercial driver's licenses fraudulently and
third-party testers were the primary source of the fraud.
3.Standards to operate fire equipment too low ? Current law
requires all drivers to obtain the class of license that is
appropriate for the vehicle they expect to drive and to be
tested for that vehicle. Most firefighting equipment meets
the definition of a class B vehicle and to obtain a class B
license under current law, a firefighter would have to be
drive tested in a class B vehicle. Not only does this bill
exempt firefighting equipment from the commercial licensing
program, it also excepts firefighting equipment from the list
of class A or B vehicles, meaning that a person who seeks to
operate a large fire truck will be able to do so after
obtaining only a class C license. In other words, the only
requirements that a person must meet to operate fire equipment
are that a person have a class C license and pass a written
exam. Missing from the licensing process in this bill is a
drive test in the type of vehicle that the person expects to
operate and a medical exam.
The author argues that drive testing has become prohibitive,
because of changing requirements for ETPs and the long
distances that rural firefighters must travel to be tested by
DMV and questions whether a drive test performed by a DMV
employee provides a good indication of a person's ability to
operate firefighting equipment. Furthermore, the author
argues that, under this bill, the applicant for a firefighter
endorsement must provide proof of training. While the bill
does require evidence of training, it does not specify any
standards or requirements that the firefighter must meet.
To accommodate the issues raised by rural fire departments
regarding the difficulty they face being drive tested, but to
ensure that firefighting operators are qualified to operate
firefighting equipment, the committee may wish to amend this
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bill to require all persons who seek a firefighter endorsement
to successfully complete Fire Apparatus Drive/Operator 1A or
an equivalent curriculum approved by the State Board of Fire
Services. Driver/Operator 1A is a course developed by the
California State Fire Marshall's Office and is required of all
firefighters who operate firefighting equipment for the
California Department of Fire (CalFire). The curriculum
provides 40 hours of training, including 14 hours of drive
training, and provides a certification exam. Furthermore,
this curriculum is widely available throughout the state.
Offered through the California Fire Academy System, which is a
partnership between the community college system and fire
departments, the State Marshall's Office ensures that a course
is offered at a location that is within a one-hour's drive of
fire departments throughout the state, including very rural
areas. The cost of training is $80 plus the fee that a
community college (or other provider) charges for a course.
In addition to requiring training, the committee may wish to
require that a person operating firefighting equipment also
undergo a medical exam or submit medical information that is
currently required for class A and B license.
4.Definition of "firefighting equipment" too narrow ? Because
"firefighting equipment" is defined in this bill as a vehicle
having a GVWR above 26,000 pounds, the firefighter endorsement
is only needed to operate those vehicles. A person with a
class C license could, under this bill, drive equipment to an
emergency without needing the endorsement, provided the
equipment has a GVWR of less than 26,000 pounds. Firefighting
equipment includes a range of different types of vehicles,
including pumper trucks, brush trucks, command center
vehicles, ambulances, and quick-rescue vehicles, most but not
all of which has a GVWR of 26,000. Current law requires a
commercial driver's license to operate any fire equipment. To
ensure that the same drivers of fire equipment required to
have a commercial's driver's license under current law are
subject to the firefighter endorsement under this bill, the
author or committee may wish to restore the definition of
"firefighting equipment" that exists in current law and
require that a firefighter endorsement be required to operate
any firefighting equipment.
5.Pull-notice system . Because operating firefighting equipment
requires a commercial license, fire departments are required
to participate in the pull-notice system for each driver it
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employed. This bill allows fire departments to continue
participating, and exempts them from the fee to do so, but
does not require it. To ensure that fire departments have
updated information about the driving records of its
firefighters, the author or committee may wish to consider an
amendment that would require fire departments to participate
in the pull-notice system.
6.Authorize fire departments to require a class A or B license .
The problem this bill seeks to address applies more to rural
fire departments than it does to fire departments in urban
areas. Fire departments in urban areas often employ
professional firefighters and provide extensive training and
testing that prepare them to operate class A or B vehicles.
These fire departments may not desire to change its procedures
and requirements for operating firefighting equipment.
Removing firefighting equipment from the commercial licensing
program and from the list of vehicles that require a class A
or B license may be construed to reduce a fire department's
ability to require a commercial class A or B license of its
firefighting equipment. The author or committee may wish to
consider an amendment authorizing fire departments to require
their employees or volunteers to hold such a license, if they
so choose.
7.Technical amendments . To clarify the types of firefighters
that are subject to the requirements, the author or committee
may wish to make the following two clarifying amendments:
Page 11, line 13 after "employment" insert "as a
firefighter"
Page 11, line 14 after "volunteer" insert "firefighter"
Assembly Votes:
Floor: 74-0
Appr: 15-0
Trans: 13-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 16, 2010)
SUPPORT: Big Bear City Fire Department
California Special Districts Association
Central Valley Fire Chiefs Association
City of Clovis Fire Department
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Fire Services Training Institute
Forestville Fire Protection District
Mendocino Volunteer Fire Department
Regional Council of Rural Counties
Rincon Valley Fire Protection District
Sonoma County Board of Supervisors
Sonoma County Fire Chiefs Association
Trinity County Board of Supervisors
Windsor Fire Protection District
OPPOSED: None received.