BILL ANALYSIS �
AB 2188
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Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2188 (Lowenthal) - As Amended: March 27, 2012
SUBJECT : Commercial motor vehicles: federal regulation
conformity
SUMMARY : Conforms state to federal law related to commercial
driver's licenses (CDL). Specifically, this bill :
1)Delineates specific out-of-service order violations that occur
either while transporting hazardous materials or while in a
vehicle designated to carry 16 or more passengers, including
the driver.
2)Makes non-substantive changes relative to approval of medical
certificates and medical waivers, and removes the requirement
for a licensee to have a valid medical certificate in his or
her possession, effective January 30, 2014.
3)Clarifies that the California Department of Motor Vehicles,
rather than the Federal Motor Carrier Safety Administration,
approves the medical examination and certificate form for
drivers of school buses, paratransit vehicles, farm labor
vehicle, and other buses as specified.
4)Allows a CDL holder to downgrade to a class C or a class M
license for purposes of obtaining a restricted driver's
license following an arrest for driving-under-the-influence
(first offense).
5)Clarifies that a CDL holder is not eligible for a restricted
commercial driver's license when suspended for a violation
while driving in a non-commercial motor vehicle.
6)Adds texting while operating a commercial vehicle to the list
of serious offenses that can result in the suspension of the
commercial driving privilege.
7)Clarifies that it is illegal for persons to operate commercial
vehicles unless they possess the CDL of the appropriate class
of vehicle.
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8)Identifies which branches or personnel of the military are
exempt from the requirements to possess a commercial driver
license when operating a commercial motor vehicle while on
active duty, full-time National Guard duty, training or for
National Guard military technicians required to wear a
uniform.
9)Requires DMV to impose CDL suspensions, revocations, or
disqualification actions when an administrative action or
conviction occurs in another jurisdiction upon notification.
EXISTING LAW :
1)Under federal law and regulations promulgated by the Federal
Motor Carrier Safety Administration (FMCSA), provides
standards for the safety of commercial motor vehicles and
truck drivers through enactment and enforcement of safety
regulations.
2)Declares the intent of the Legislature to adopt those
standards required of drivers by the Federal Highway
Administration, as set forth in the Commercial Motor Vehicle
Safety Act of 1986 and to reduce or prevent commercial motor
vehicle accidents, fatalities, and injuries by permitting
drivers to hold only one license, disqualifying drivers for
certain criminal offenses and serious traffic violations, and
strengthening licensing and testing standards.
3)Establishes standards for the issuance of CDLs.
4)Disqualifies a driver from operating a commercial motor
vehicle for a specified time period if the driver is convicted
of a serious traffic violation involving a commercial or
noncommercial motor vehicle. Provides that operating a
vehicle while disqualified is a crime.
FISCAL EFFECT : Unknown
COMMENTS :
Background : According to the author, special skills are
required to operate a commercial motor vehicle safely. The
Commercial Motor Vehicle Safety Act of 1986 established the CDL
program nationwide in order to improve highway safety by
ensuring that drivers of large trucks and buses are qualified to
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operate those vehicles and to remove unsafe and unqualified
drivers from the highways. The FMCSA updates the CDL program
regulations and ensures that all states are in compliance by
conducting a program review of states' CDL programs regularly.
To be in substantial compliance, a state must meet the standards
contained in the Code of Federal Regulations. Failure to
achieve substantial compliance with the federal regulations can
result in the withholding of federal-aid highway funds and loss
of Federal Motor Carrier Safety Assistance Program (MCSAP) grant
funds. Additionally, a state found to be in substantial
noncompliance may have its CDL program decertified.
Decertification by the FMCSA prohibits the state from issuing,
renewing, or upgrading a driver license to commercial driving
status.
Purpose and need for the bill : This bill would make conforming
changes to California's CDL program to ensure continued
compliance with federal law and corresponding federal
regulations as mandated by the Federal Motor Carrier Safety
Administration. Failure to meet federal conformity could
potentially result in federal sanctions including the
decertification of California's CDL program and the potential
loss of federal-aid highway funds and MCSAP grant funds.
Specifically, this bill would make changes to the requirements
applicable to the holding of CDLs regarding, among other things,
medical certifications, military exemptions, out-of-service
order violations, violations occurring in other jurisdictions,
and texting while driving convictions.
Physical examinations performed by chiropractors : The
California Chiropractic Association has expressed a desire that
the bill be amended to allow chiropractors to perform physical
examinations for commercial drivers that possess a special
certificate to operate a school bus, school pupil activity bus,
youth bus, general public paratransit vehicle, or farm labor
vehicle. The author's office has concerns to amend the bill in
this regard that would possibly effect dramatic policy changes
that would allow doctors of chiropractic to perform physical
exams for these certificated drivers and that such action is not
consistent with their intention to put forth a non-controversial
federal/state conformity bill. As such, the author's office has
indicated that such a change should not be a part of this bill
and should be considered in separate legislation.
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093