BILL ANALYSIS �
AB 2659
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2659 (Blumenfield)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: | |(May 10, 2012) |SENATE: |35-0 |(August 29, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: INS.
SUMMARY : Allows licensed drivers of military commercial
vehicles to qualify for a California commercial driver's license
without undergoing a California driving skills test. Authorizes
rental car companies to rent vehicles to licensed drivers upon
inspection of the driver's license signature or photograph.
The Senate amendments delete all prior contents of the bill and
instead:
1)Allow the Department of Motor Vehicles (DMV) to waive the
driving skills test otherwise required under federal law for a
commercial motor vehicle driver with military commercial motor
vehicle experience who is licensed with the United States
Armed Forces at the time of his or her application for a
commercial driver's license, and whose driving record in
combination with his or her driving experience meets, at a
minimum, the conditions required under federal law.
2)Authorize an alternative procedure for renting vehicles that
allow vehicle rental agencies to verify driver's license
information in a manner allowing electronic verification from
remote locations via information kiosks.
3)Clarify that car sharing companies as described are exempt
from the bill's provisions.
EXISTING LAW :
1)Requires an applicant for a commercial driver's license (CDL)
to pass a written and driving test for the operation of a
commercial motor vehicle that complies with the minimum
federal standards established by the federal Commercial Motor
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Vehicle Safety Act of 1986.
2)Prohibits a person from renting a motor vehicle to another
unless the person to whom the vehicle is rented is a validly
licensed driver, as specified, and the person renting to that
driver has inspected the person's driver's license and
compared the signature on the license with the signature of
the driver written in his or her presence.
AS PASSED BY THE ASSEMBLY , this bill dealt with unemployment
insurance benefits.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Existing law requires a person to have a valid CDL of
the appropriate class in order to operate a commercial vehicle
in the state. DMV issues a CDL to an applicant only after he or
she passes written and driving skills tests and meets other
requirements depending on the particular type of vehicle the
applicant seeks to operate.
Federal regulations outline specific skills and knowledge a
person must demonstrate before he or she is eligible for a CDL.
The Federal Motor Carrier Safety Administration, the federal
agency responsible for commercial vehicle oversight, recently
amended its regulations to allow states to waive this skills
test for an applicant possessing a military commercial vehicle
license and who certifies that within the two-year period
immediately prior to applying, he or she has not had: a license
suspended or revoked; a conviction for major offenses (e.g.,
driving under the influence (DUI) or leaving the scene of an
accident); more than one conviction for serious traffic
violations (e.g., excessive speeding or reckless driving); or,
any conviction arising in connection with a traffic accident,
nor any record of an accident in which he or she was at fault.
Additionally the applicant must be, or have been within the
prior 90 days, regularly employed in a military position
requiring operation of a commercial vehicle for at least the
prior two years.
According to the author, recent veterans represent a
disproportionate number of the country's unemployed population.
Further, research suggests that many of these recent veterans
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were military transport operators, and therefore share skills
similar to commercial drivers. At the same time, the author
contends, the transport industry reports a shortage of truck
drivers. This bill attempts to address these two problems by
permitting DMV to adopt the federal waiver standards for the CDL
skills test. According to the author, 15 other states have
adopted the federal standards, including New York, Florida,
Missouri, Pennsylvania, and Virginia. With a high veteran
unemployment rate and a labor shortage in the trucking industry,
the author believes this bill benefits the state by allowing
qualified veterans to obtain a commercial driver's license in a
timely and safe manner.
Currently, a vehicle rental agency must follow security
procedures that help ensure that the vehicle renter is a valid,
licensed driver. Further, as an added check, the rental agency
is required to compare the person's driver's license signature
with that of the person renting the vehicle. This bill would
revise the procedures for renting vehicles by allowing a rental
agency to approve a vehicle to be rented through verifying
driver information, either the driver's signature or license
photograph, electronically.
The Hertz Corporation (Hertz), writing in support of these
provisions, contends that current law requiring a valid
identification card to be presented at the time of the
transaction and verified via visual comparison of signatures is
outdated and was implemented in 1994, before photographs became
standard on driver's licenses. That law requires that the
rental agent be physically in the presence of the customer and
visually compare the signature on the license with that of the
signature on the contract. Hertz further indicates that
"electronic innovations such as kiosks where rental car
transactions can occur while retaining protections in existing
law provide a face-to-face interaction between rental agent and
customer while not requiring the physical presence of a rental
agent. These new kiosks will scan an ID, charge a credit card,
provide face-to-face assistance from a live operator, and are
equipped to check a driver's license. In addition, we currently
request that a customer hold up the driver's license to the
camera to compare the photo with the customer."
According to the author, this bill addresses transactions that
are completed through a kiosk by allowing an inspection of a
driver's license through electronic means. "This simple and
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unobtrusive amendment will keep California current with advances
in technology and will allow Hertz to bring the benefits of its
innovation to the people of California."
The current provisions of this bill were heard by the Assembly
Transportation Committee and the recent amendments incorporate
provisions of AB 2189 (Skinner) that were heard by the Assembly
Transportation Committee also.
Analysis Prepared by : Howard Posner and Ed Imai / TRANS. /
(916) 319-2093
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