BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 82
                                                                  Page  1

          Date of Hearing:   March 21, 2011

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                  AB 82 (Jeffries) - As Amended:  February 23, 2011
           
          SUBJECT  :  Firefighter equipment: driver's licenses

           SUMMARY  :  Clarifies recently enacted legislation that 
          established new driver's license requirements for firefighters 
          that operate firefighting equipment.  Specifically,  this bill  :  

          1)Clarifies that a Class A driver's license is not needed to 
            operate firefighting equipment, provided that the equipment is 
            operated by a person who holds a firefighter endorsement along 
            with at least a Class C license, as prescribed.  

          2)Clarifies that a firefighter endorsement is needed to operate 
            firefighting equipment if the driver holds a Class C, 
            restricted Class A, or noncommercial Class B license.  

          3)Clarifies that no firefighting endorsement is needed to 
            operate firefighting equipment so long as the person holds a 
            Class A or Class B license appropriate for the size and 
            configuration of the firefighting equipment.  

          4)Corrects a typographical error.  

           EXISTING LAW:   

                1)      Exempts firefighting equipment with a gross 
                  vehicle weight rating over 26,000 pounds from the list 
                  of vehicles for which a person must obtain a commercial 
                  driver's license to operate, under certain conditions.  

                2)      Requires a driver to obtain a firefighter 
                  endorsement and obtain and maintain a Class A, Class B, 
                  or Class C license to operate large firefighting 
                  equipment, unless it is for training purposes during a 
                  non-emergency and under the direct supervision of a 
                  properly licensed and authorized fire department 
                  employee.  

                3)      Sets forth requirements that a driver must meet to 
                  obtain a firefighter endorsement, including:  








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                a)      Provide proof to the Department of Motor Vehicles 
                  (DMV) of current employment or registration as a 
                  volunteer with a fire department by providing a letter 
                  or other indication from the chief of the fire 
                  department;  

             b)   Successfully complete specific fire equipment operation 
               training conducted by an instructor with specific 
               experiences and credentials; and,  

              c)   Submit a medical examination report.   
                
                4)      Provides that these firefighter licensing 
                  requirements apply only if both the following conditions 
                  exist:  

                a)      The equipment is operated by either a professional 
                  or volunteer firefighter of a legitimate fire 
                  department, as specified; and,  

                b)      The firefighting equipment (over 26,000 gross 
                  vehicle weight rating) is used to travel to and from an 
                  emergency or to transport equipment used in an 
                  emergency, as specified.  
           
          FISCAL EFFECT  :  Unknown

           COMMENTS  :  According to the author, the intent of this bill is 
          to clean up provisions of last year's AB 1648 (Jeffries) Chapter 
          360, Statutes of 2010, that removed the firefighter restricted 
          license program from DMV's commercial driver's license program 
          and created new testing requirements for firefighters.  The 
          changes made by AB 1648 were consistent with and in response to 
          newly promulgated federal regulations that tighten requirements 
          related to obtaining a commercial driver's license.  AB 1648 
          made it easier for fire departments to train and test their 
          firefighters without the onerous logistical requirements of the 
          commercial employer training program.  Unfortunately, drafting 
          errors in last year's AB 1648 complicated implementation of the 
          legislation.  

          This bill corrects these errors and affirms the intent of AB 
          1648-that is, that firefighting equipment may be operated by 
          drivers who hold a Class A or Class B license or by drivers that 








                                                                  AB 82
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          hold a Class C, restricted Class A, or noncommercial Class B  and  
          a firefighter endorsement.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
          
          California State Firefighters' Association
          Regional Council of Rural Counties

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093