BILL ANALYSIS
AB 2144
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2144 (Gilmore)
As Amended August 3, 2010
Majority vote
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|ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |33-0 |(August 5, |
| | | | | |2010) |
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Original Committee Reference: TRANS .
SUMMARY : Modifies provisions related to commercial driver's
licenses.
The Senate amendments :
1)Recast provisions that prohibit a driver from operating a
commercial vehicle for either 60 or 120 days (after all
existing suspensions or revocations have ended) if the driver
is convicted of two or more serious traffic violation
involving a noncommercial vehicle within a three-year period;
eliminate the requirement that the conviction must result in
the revocation, cancellation, or suspension of a driver's
license.
2)Provide that traffic violator school convictions are not
confidential if the convicted person holds a commercial
driver's license in another state or if the conviction would
result in a violation point count of more than one point.
3)Resolve chaptering-out conflicts with AB 2499 (Portantino).
EXISTING LAW :
1)Provides that a deferral to a traffic violator school results
in a dismissal of a traffic violation complaint.
2)Makes records pertaining to traffic violator school
convictions confidential.
3)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
AB 2144
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violating specific out-of-service order.
4)Prohibits a driver from operating a commercial vehicle for
either 60 or 120 days (after all existing suspensions or
revocations have ended) if the driver is convicted of two or
more serious traffic violation involving a noncommercial
vehicle within a three-year period and if the conviction
resulted in the revocation, cancellation, or suspension of a
driver's license.
5)Makes it illegal to drive a vehicle into a railroad or rail
transit crossing under certain conditions.
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 and absorbable costs to the Department
of Motor Vehicles (DMV).
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:
6)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.
7)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
(DMV-related issues only).
8)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.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0005659