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:
AB 82
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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