BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2144|
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CONSENT
Bill No: AB 2144
Author: Gilmore (R)
Amended: 8/3/10 in Senate
Vote: 21
SEN. 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 - See last page for vote
SUBJECT : Commercial motor vehicles: driver compliance
SOURCE : Department of Motor Vehicles
DIGEST : This bill amends various provisions of
California state law to conform with the requirements of
new federal law governing commercial vehicle drivers.
ANALYSIS : Existing law permits a court to order a
continuance of a proceeding against a person who receives a
notice to appear for a traffic offense in order for that
driver to attend a traffic violator school. Successful
completion of the traffic violator school course results in
a dismissal of the complaint. The Department of Motor
Vehicles' (DMV) records pertaining to a driver's traffic
violator school dismissal are confidential.
CONTINUED
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Existing law prohibits a driver from operating a commercial
vehicle for a period of between 90 days and three years if
the person is convicted of violating an out-of-service
order and imposes a penalty of between $1,100 and $2,750
for anyone convicted of violating an out-of-service order
(i.e., operating a commercial motor vehicle when a
California Highway Patrol or other authorized officer has
deemed it unsafe or out of compliance with federal
regulations). An employer who knowingly allows or requires
a driver to violate an out-of-service order is subject to a
penalty of $2,750 to $11,000.
Existing law prohibits a driver from operating a commercial
vehicle for 60 days:
1.If the person is convicted of a second serious traffic
offense within three years in a commercial vehicle; or
2.If the person is convicted of a second serious traffic
offense within three years in a noncommercial vehicle
that results in a revocation, cancellation, or suspension
of the driver's license.
A third offense results in a 120-day period in which a
person may not operate a commercial motor vehicle.
Existing law makes it illegal to drive a vehicle onto a
railroad or rail transit crossing under certain conditions.
This bill:
1.Modifies, beginning July 1, 2011, provisions of state law
related to traffic violator schools to reflect that the
referral to a traffic violator, now a dismissal, is a de
facto guilty plea and conviction and not a dismissal of
the complaint.
2.Provides, beginning July 1, 2011, that DMV records
related to traffic violator school conviction, normally
held confidential, are not confidential if the person
convicted holds a commercial license, the violation
occurs in a commercial vehicle, or if a conviction would
result in a violation point count of more than one point.
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If the conviction is kept confidential, no violation
point count may be assessed.
3.Increases the length of disqualification periods and the
amount of penalties related to out-of-service convictions
such that they range from 180 days to three years and
from $2,500 to $5,000 for drivers. The bill increases
the maximum penalty for employers to $25,000.
4.Provides that a driver shall not operate a commercial
vehicle for a period of 60 days if the person is
convicted of a second serious traffic violation within
three years if the incident involves either a commercial
or noncommercial motor vehicle, and for 120 days for a
third offense within three years.
5.Distinguishes between two separate railroad crossing
violations depending on whether the driver's vehicle is
on the tracks or crosses them to an unsafe position on
the other side.
6.Makes other, technical, non-substantive changes.
7.Contains double-jointing language with AB 2499
(Portantino).
Comments
Purpose. DMV sponsored this bill in order to bring
California into conformance with current federal
regulations required under the Motor Carrier Safety
Improvement Act (MCSIA).
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
five percent loss of federal highway aid, complete loss of
all federal grants, and a $5,000-a-day fine. I f a state
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remains out of compliance for a second year, the loss of
highway funds is increased to 10 percent. 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.
DMV representatives also assert that the bill's proposed
changes to state law will ensure that only safe drivers
operate commercial motor vehicles on California's highways.
Commercial motor vehicle drivers are held to a high
standard because they earn their living by operating large,
heavy vehicles and in some cases, transporting passengers.
In recognition of this fact, Congress has established
national guidelines with the passage of MSCIA (Public Law
106-159) and both the prior and the current administrations
have indicated that they expect states to impose strong
enforcement measures against violators. DMV sponsored this
bill in order to provide for those measures.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/4/10)
Department of Motor Vehicles (source)
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
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JJA:cm 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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