BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1648|
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THIRD READING
Bill No: AB 1648
Author: Jeffries (R)
Amended: 7/15/10 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 6/29/10
AYES: Lowenthal, Huff, DeSaulnier, Harman, Kehoe, Pavley,
Simitian, Wolk
NO VOTE RECORDED: Ashburn
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/6/10 (Consent) - See last page for
vote
SUBJECT : Drivers licenses for firefighters
SOURCE : Author
DIGEST : This bill changes the type of drivers license
required to operate firefighting equipment from a class A
or B commercial drivers license 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 :
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Class of Driver's Licenses in General
Existing law prescribes different classes of driver's
licenses for different types of vehicles.
1. Class C license - most common driver's license,
typically used to operate passenger cars and pick-up
trucks.
2. Class B license - 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
gross vehicle weight rating (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.
3. Class A license - 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,
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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.
The Department of Motor Vehicles (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 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/she
takes the test results to DMV who ensures all other
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requirements have been met and then issues the license.
While driving, a person must have in his/her immediate
possession a valid driver's license appropriate for the
vehicle he/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/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
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driver's license has not been suspended or revoked, state
the employee's traffic violation point count, and indicate
whether the employee has been 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:
1. Provides that firefighting equipment is not subject to a
class A or B license and allows a person to operate
firefighting equipment if he/she obtains a firefighter
endorsement on his/her class A, B, or C license.
2. Deletes DMV's authority to issue a restricted license
valid only for the operation of firefighting equipment.
3. Includes firefighting equipment, provided that the
equipment is operated by a person who holds a
firefighter endorsement, within the Class C
classification.
4. 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 Marshal's Office.
Provides that "evidence of fire equipment operation
training" means the applicant has successfully completed
Fire Apparatus Driver/Operator 1A taught by an
instructor registered with the Office of the State Fire
Marshal or fire department driver training, as
specified. Requires driver training be conducted by a
person who is registered with the Office of the State
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Fire Marshal to instruct Driver/Operator 1A or a person
who meets specified criteria.
5. 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."
6. 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.
7. 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.
8. 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.
9. Specifies that a fire department may require an employee
or a volunteer of the fire department who is a driver or
operator of firefighting equipment to hold a class A or
B license.
10.Requires a regularly organized fire department, having
official recognition of the city, county, city and
county, or district in which the department is located,
participate in the pull-notice program, and not be
subject to the fee established.
11.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.
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12.Contain double jointing language with AB 2777 (Assembly
Transportation Committee).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/3/10)
Big Bear City Fire Department
California Special Districts Association
Central Valley Fire Chiefs Association
City of Clovis Fire Department
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
ARGUMENTS IN SUPPORT : The author's office 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's office, 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's office 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
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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's office 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 anticipated to save the DMV significant
amounts of money as it will relieve demand on its
commercial drive test facilities.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Bass, Block, De La Torre, Gilmore,
Mendoza, Vacancy
JJA:mw 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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