BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2188|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 2188
Author: Bonnie Lowenthal (D)
Amended: 6/25/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/19/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Commercial drivers license
SOURCE : Author
DIGEST : This bill brings the states commercial drivers
license (CDLs) program into compliance with federal CDLs.
ANALYSIS : Federal law provides standards for the safety
of commercial motor vehicles and truck drivers through
regulations that the Federal Motor Carrier Safety
Administration (FMCSA) promulgates. FMCSA requires states
to be substantially compliant with federal regulations and
conducts periodic audits of state statutes in order to
ensure compliance. If FMCSA determines during its audit
process that a state is not in substantial compliance, the
state is at risk of decertification, which means the state
CONTINUED
AB 2188
Page
2
can no longer issue or renew CDLs. Further, a decertified
state may lose federal-aid highway funds and other federal
grants. Due to recent changes in FMCSA regulations, an
audit of California's CDL program found minor amendments
the state needs to make in order to bring California law
into compliance with those regulations.
This bill brings the state's CDL program into compliance
with federal CDL regulations by making the following
changes:
Specifically prohibiting a driver of a vehicle designed
to either transport 16 or more passengers or transport
hazardous materials from failing or refusing to comply
with a lawful out-of-service order issued by the
California Highway Patrol.
As of December 31, 2014, eliminating the requirement that
a driver with a CDL carry a medical examiner's
certificate if the driver submitted the required medical
information in accordance with federal regulations.
Explicitly allowing the Department of Motor Vehicles
(DMV) to accept a federal waiver of one or more physical
qualification standards, such as for vision or diabetes,
when issuing a CDL.
Allowing DMV to issue a restricted passenger car or
motorcycle driver's license to a CDL holder who was not
operating a commercial vehicle when arrested for driving
under the influence, enabling the CDL holder to drive in
limited ways while his CDL is suspended.
Defining the act of driving a commercial vehicle while
using an electronic wireless communication device to
write, send, or read a text-based communication as a
serious traffic violation, which means it can result in
the disqualification of the commercial driving privilege.
Exempting from all CDL requirements and sanctions, when
operating motor vehicles for military purposes, active
duty members of the US Armed Forces, members of military
reserves, National Guard members when on active duty, and
active duty personnel of the US Coast Guard.
CONTINUED
AB 2188
Page
3
Requiring DMV to impose a suspension, revocation, or
disqualification action on any person's commercial
driving privilege upon receiving notification of an
administrative action or conviction of that person in
another US state, Puerto Rico, or Canada for violations
that would result in such action.
Comments
According to the author' s office, this bill makes
conforming changes to the state's CDL program to ensure
continued compliance with federal law. The state's failure
to conform to the federal regulations could result in
federal sanctions and the potential loss of up to hundreds
of millions of federal tax dollars for transportation
purposes. The author's office contends that this bill is
limited in scope to these non-controversial changes in
order to ensure passage of the bill and eliminate the risk
of the state's decertification by the federal government.
Out-of-service orders . Under existing law, it is unlawful
to fail or refuse to comply with a lawful out-of-service
order issued by an authorized enforcement officer. An
out-of-service order is a declaration that a driver,
commercial motor vehicle, or motor carrier operation can no
longer operate until the driver or vehicle owner addresses
some particular violation. For example, officers issue
most of these orders at truck weigh stations, and the
orders are generally related to minor infractions such as
excessive load weight or violation of driver rest
requirements. In these cases, the officer takes the
commercial vehicle out of service at the truck weigh
station, and either the truck or the driver (depending on
the violation) is not allowed to leave the station and
continue down the road until the issue is addressed.
According to the federal audit, the out-of-service changes
this bill makes are necessary in order to enable law
enforcement to differentiate between various out-of-service
offenses, which in turn enable DMV to impose enhanced
penalties when federal regulations require them.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
CONTINUED
AB 2188
Page
4
Local: Yes
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
JJA:d:m 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED