BILL ANALYSIS
AB 1648
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CONCURRENCE IN SENATE AMENDMENTS
AB 1648 (Jeffries and Chesbro)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |31-0 |(August 25, |
| | | | | |2010) |
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Original Committee Reference: TRANS .
SUMMARY : Sets forth new driver's license requirements for
firefighters operating firefighter equipment.
The Senate amendments :
1)Reinstate the requirement that fire departments participate in
the California Department of Motor Vehicles (DMV) Employer
Pull Notice (EPN) Program but exempts them from the EPN fees.
2)Exempt all firefighting equipment from the list of vehicles
for which a person must obtain a commercial driver's license
(class A or B) to operate, provided the equipment is operated
by a person who holds a firefighter endorsement.
3) Add to the proposed requirements for a "firefighter
endorsement" the following:
a) The applicant must have successfully completed specific
fire equipment operation training conducted by an
instructor with specific experiences and credentials; and,
b) The applicant must submit a medical examination report.
4)Notwithstanding other provisions of the bill, authorize a fire
department to require a driver to hold a commercial driver's
license.
5)Resolve chaptering-out conflicts with AB 2777 (Committee on
Transportation), which corrects statutory references related
to the EPN for ambulance drivers.
AB 1648
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EXISTING LAW :
1)Establishes the EPN Program in DMV to provide employers and
regulatory agencies with a means of promoting driver safety
through an ongoing review of driver records.
2)Requires employers of commercial drivers to participate in the
EPN Program, which provides employers with information
regarding a driver's current public record as recorded by DMV
and any subsequent convictions, failures to appear, accidents,
driver's license suspensions, driver's license revocations, or
other actions taken against the person's driving privilege.
3)Sets forth other procedures and requirements for the EPN
Program.
4)Sets forth testing requirements for DMV's commercial driving
skills test, including an actual demonstration of the
applicant's ability to exercise ordinary and reasonable
control in operating a motor vehicle in the type and/or
combination for which he or she is seeking a license.
5)Prohibits any person from operating firefighting equipment
unless that person has a valid driver's license for the
appropriate class of equipment.
6)Authorizes DMV to issue a restricted driver's license for an
appropriate class of firefighting equipment.
7)Provides for an Employer Testing Program (ETP). The ETP is a
third-party testing program in which DMV allows employers of
commercial drivers to conduct the drive test portion for the
DMV's commercial driver's licensing requirements for class A,
class B, and non-commercial firefighter restricted license.
ETP requires an employer-employee relationship in order to
conduct third party testing. With DMV's authorization, any
public or private company may participate in ETP.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor absorbable costs to DMV.
COMMENTS : According to DMV, their commercial driver's license
AB 1648
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ETP is about to undergo significant changes to conform to new
federal regulations. Left unaddressed, this will force fire
departments to send new drivers to commercial drive test
facilities run by the DMV, just as DMV reports it is reducing
the number of drive test facilities. Specifically, DMV
indicates that the number of facilities statewide is expected to
shrink from 30 to 8.
Fire departments around the state, particularly those in rural
areas, are concerned that these changes in DMV's ETP program
will make it more expensive and logistically difficult to serve
California communities because they will be hampered in
obtaining the required commercial driver's licenses for both
professional and volunteer firefighting staffs. They cite as an
example of these difficulties the fact that, to complete the
skills test, a licensed firefighter with a commercial license
must drive the firefighting equipment to a DMV testing site
(sometimes hours away) with the new driver who is to be tested.
As a result, two employees and a large piece of firefighting
equipment are essentially out of service for the day. Rural
volunteer fire departments face particular difficulties because
their drivers often have to take time away from work to take the
test.
According to the author, this bill is a proactive approach
toward resolving the dilemma posed by these rapidly approaching
problems. The bill removes the firefighter restricted license
program from DMV's commercial driver's license program (as
authorized under federal law) and creates new testing
requirements. New firefighter drivers will be trained by their
departments and will be required to pass a written DMV test.
The required training standards, however, are not impacted by AB
1648.
The author believes that this bill makes it easier for fire
departments to train and test their firefighters without the
onerous logistical requirements of the commercial employer
training program and without jeopardizing the integrity of the
testing. The author further states that this bill is designed
to provide a cost-effective means for meeting the licensure
needs of our state's firefighters and represents the product of
nearly a year of stakeholder meetings, negotiations, and
statewide gatherings with fire officials and with DMV.
AB 1648
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Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0005662