BILL ANALYSIS �
AB 2438
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Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2438 (Lowenthal) - As Amended: March 28, 2014
SUBJECT : Firefighter endorsement: training
SUMMARY : Clarifies that firefighter equipment operation
training may be provided by a firefighter with a Class C license
with a firefighter endorsement, provided he or she meets all
other requirements for training instructors.
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 one of the following types of
driver's license in order to lawfully operate firefighting
equipment:
a) Class C (basic license), restricted Class A, or
noncommercial Class B, each with a firefighter endorsement;
and,
b) Class A or Class B, appropriate for the size and
configuration of the firefighting equipment.
3)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.
4)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) Submit a medical examination report; and,
c) Successfully complete specific fire equipment operation
training conducted by an instructor registered with the
Office of the State Fire Marshal to instruct a Fire
Apparatus Driver/Operator 1A course or by an instructor who
meets all the following specific experiences and
credentials:
i) Possesses a minimum of five years of fire service
experience as an emergency vehicle operator, three of
which must be at the rank of engineer or higher;
ii)Possesses a valid Class A or Class B license, or a Class
A or B license restricted to the operation of
firefighting equipment; and,
iii)Is certified as a qualified training instructor or
training officer by the State of California, the federal
government, or a county training officers' association.
FISCAL EFFECT : This bill is designated a non-fiscal bill.
COMMENTS : Licensure requirements for firefighter equipment
underwent significant reform in 2010 with the passage of AB 1648
(Jeffries), Chapter 360, Statutes of 2010. That bill was in
response to broad changes in federal regulations regarding
commercial vehicle licenses and operations.
Prior to 2010, firefighter equipment drivers were generally
required to obtain commercial driver's licenses. The then-new
federal regulations related to commercial drivers caused big
changes in DMV's commercial licensing program that would have
unintentionally hampered fire departments' ability to train and
license firefighter equipment operators. The new regulations
would have required fire departments to send new drivers to
commercial drive test facilities run by the DMV, just as DMV was
shrinking the number of its drive test facilities from 30 to 8.
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Fire departments around the state, particularly those in rural
areas, were concerned that these changes would make it more
expensive and logistically difficult to serve California
communities because they would have been hampered in obtaining
the required commercial driver's licenses for both professional
and volunteer firefighting staffs. They cited as an example of
these difficulties the fact that, to complete the skills test, a
licensed firefighter with a commercial license would have to
drive the firefighting equipment to a DMV testing site
(sometimes hours away) with the new driver who is to be tested.
As a result, two employees and a large piece of firefighting
equipment would essentially be out of service for the day.
Rural volunteer fire departments faced particular difficulties
because their drivers often have to take time away from work to
take the test.
AB 1648 remedied these problems. It made it easier for fire
departments to train and test their firefighters, often
in-house, without the onerous logistical requirements of the
commercial employer training program and without jeopardizing
the integrity of the testing. It also allowed drivers with a
Class C license to lawfully operate firefighting equipment so
long as they obtain a firefighting endorsement.
This bill builds on the streamlining measures set forth in AB
1648 by clarifying that training on firefighter equipment
operation may be provided by an experienced firefighter with a
Class C license with a firefighter endorsement, provided he or
she meets all other requirements for training instructors.
According to the author, this clarification is needed to ensure
qualified firefighters can train their colleagues while
maintaining appropriate training standards.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters (sponsor)
Catherine C. Capriles, Palo Alto Deputy Fire Chief of Training
and Support Services
Chris Wood, Battalion Chief, Palo Alto Fire Department
Palo Alto Professional Fire Fighters
United Firefighters of Los Angeles City
AB 2438
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Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093