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 Amended: April 14, 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)Makes other, technical, non-substantive amendments.
4)Increases the length of disqualification periods and the
amount of penalties related to out-of-service convictions.
EXISTING LAW:
5)Provides that a deferral to a traffic violator school results
in a dismissal of the complaint.
6)Makes records pertaining to traffic violator school
convictions confidential.
7)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.
8)Makes it illegal to drive a vehicle into a railroad or rail
transit crossing under certain conditions.
AB 2144
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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:
9)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
statutory authority to do so. This bill provides that
clarity.
10)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).
11)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.
REGISTERED SUPPORT / OPPOSITION :
AB 2144
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Support
Department of Motor Vehicles (sponsor)
Opposition
United Transportation Union
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093