BILL ANALYSIS
AB 2144
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Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2144 (Gilmore) - As Introduced: February 19, 2010
SUBJECT : Commercial driver's license
SUMMARY : Modifies provisions related to commercial driver's
licenses. Specifically, this bill :
1)Modifies provisions related to traffic violator schools to
reflect that the referral to a traffic violator school is
actually a de facto guilty plea and conviction and not a
dismissal of the complaint.
2)Provides that Department of Motor Vehicles (DMV) records
related to a traffic violator school conviction, normally held
confidential, are not confidential if the person convicted
holds a Class A, Class B, or commercial Class C driver's
license or is operating a commercial motor vehicle.
3)Repeals provisions requiring DMV to reinstate the commercial
driver's license of a person who is acquitted of an offense
related to driving under the influence of alcohol or drugs or
for whom DMV's administrative review of the person's suspended
or revoked license was overturned, regardless of whether the
person was operating a commercial vehicle at the time of the
traffic stop.
4)Makes other, technical, non-substantive amendments.
5)Increases the length of disqualification periods and the
amount of penalties related to out-of-service convictions.
EXISTING LAW:
6)Provides that a deferral to a traffic violator school results
in a dismissal of the complaint.
7)Makes records pertaining to traffic violator school
convictions confidential.
8)Provides for the immediate driver's license suspension or
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revocation for any person found to be driving under the
influence of alcohol or drugs and having a blood alcohol
content of .04% or more if that person was driving a
commercial vehicle.
9)Requires DMV to sustain an order of suspension or revocation
if it determines specific facts in its administrative review.
10)Prohibits a driver from operating a commercial vehicle for a
period of between 90 days and 3 years if the person is
convicted of violating specific out-of-service order; imposes
a penalty of between $1,100 and $2,750 for anyone convicted of
violating specific out-of-service order.
11)Existing law makes it illegal to drive a vehicle into a
railroad or rail transit crossing under certain conditions.
FISCAL EFFECT : Unknown
COMMENTS : In November 2008, the Federal Motor Carrier Safety
Administration conducted a Commercial Driver License Program
review audit in California. If California is unable to resolve
findings from that audit by the next audit (anticipated being in
early 2012), the state may be found out of compliance and may
face sanctions. Failure to achieve compliance with federal
regulations may result in a significant loss of state highway
funds and grant money. The initial penalties for substantial
non-compliance are a 5% loss of federal highway aid, complete
loss of all federal grants, and a $5,000-a-day fine. If a state
remains out of compliance for a second year, the loss of highway
funds is increased to 10%; failure to comply for a third year
results in the Federal Motor Carrier Safety Administration
decertifying the state. If a state is decertified, it may no
longer issue or renew commercial licenses.
According to DMV, the provisions of this bill would:
12)Bring California into compliance with current federal
regulations by addressing specific findings from the 2008
Commercial Driver License Program review audit. The latest
audit included a comprehensive review of California's legal
authority to comply with federal requirements. Many of the
audit findings indicated that although California was
complying with some requirements, the state lacks clear
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statutory authority to do so. This bill provides that
clarity.
13)Address DMV-related findings from the Federal Motor Carrier
Safety Administration's 2008 Motor Carrier Safety Assistance
Program of the California Highway Patrol's program (Department
of Motor Vehicles related issues only).
14)Enhance commercial driver license safety.
DMV is sponsoring this bill to ensure federal compliance as well
as to ensure that only safe driver's operate commercial vehicles
on the state's public highways. The department asserts that
commercial vehicle drivers are held to a high standard because
they earn their living by operating large, heavy vehicles and/or
transporting passengers.
The California Teamsters Public Affairs Council opposes this
bill because it argues that the double standard applied to
commercial drivers in DMV's admin per se review does not
"comport with rational ideas of fairness and due process."
Author's amendments : The author intends to take amendments in
committee to strike proposed changes related to DMV's admin per
se review of a commercial driver whose license was suspended or
revoked for driving under the influence of alcohol or drugs
while operating a non-commercial vehicle. According to the DMV,
audit findings related to this provision are vague and striking
this provision is reasonable.
Related legislation: AB 2499 (Portantino) moves home-study
traffic schools under the purview of DMV. AB 2499 is scheduled
to be heard in the Assembly Transportation Committee today.
REGISTERED SUPPORT / OPPOSITION :
Support
Department of Motor Vehicles (sponsor)
Opposition
California Conference Board of Amalgamated Transit Union
California Teamsters Public Affairs Council
United Transportation Union
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Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093