SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:
SB 344
Monning
2/24/2015
No
Erin Riches
Hearing Date: 4/14/2015
Fiscal:
Yes
SUBJECT: Commercial driver’s license: education
DIGEST: This bill requires an individual to successfully complete a course of
instruction that is approved by the state Department of Motor Vehicles (DMV) in
order to obtain a commercial driver’s license.
ANALYSIS:
Existing law:
Prohibits an individual from operating a commercial motor vehicle unless he or she
has in his or her immediate possession a valid commercial driver’s license of the
appropriate class.
Requires a commercial driver’s license for a variety of trucks weighing more than
26,000 lbs., passenger buses, and vehicles carrying hazardous materials.
Requires an individual, in order to obtain a commercial driver’s license, to
successfully complete both a written and driving test that comply with the
minimum federal standards to operate a commercial motor vehicle.
Authorizes DMV to waive the driving test for an individual with military
commercial motor vehicle experience if the individual is currently licensed with
the U.S. Armed Forces and his or her driving record and experience meet the
minimum federal standards.
Requires DMV to prescribe and conduct commercial written and driving tests, but
authorizes DMV to enter into agreements with third-party testers to administer the
driving test (the Employer Testing Program).
Exempts members and reservists of the U.S. Armed Forces, National Guard, and
U.S. Coast Guard from all commercial driver’s license requirements and sanctions.
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Establishes the Bureau for Private Postsecondary Education (BPPE) within the
Department of Consumer Affairs to protect students and provide regulatory
oversight of private postsecondary (post-high school) educational and vocational
institutions. Requires BPPE to review, investigate, and approve private
postsecondary institutions, programs, and courses of instruction and authorizes
BPPE to take formal action against institutions to ensure compliance.
Exempts from BPPE regulation an institution that does not award degrees and that
solely provides educational programs for total charges of less than $2,500,
provided that no part of the charges is paid from state or federal student financial
aid programs.
This bill:
Provides that in order to obtain a commercial driver’s license, an individual must
successfully complete a course of instruction from a commercial motor vehicle
driver training institution that has been certified by DMV, in addition to
successfully completing a written and driving test.
Prohibits DMV from certifying a commercial motor vehicle training institution
until it has approved the institution’s training program. Requires DMV to update
its standards as necessary to comply with guidance or requirements established by
the Federal Motor Carrier Safety Administration (FMCSA).
Exempts from the course requirement a commercial motor vehicle driver with
military motor vehicle experience who is currently licensed with the U.S. Armed
Forces, provided that his or her driving record and driving experience meet the
minimum federal standards. Also exempts from the course requirement a
commercial motor vehicle driver who presents a valid certificate of driving skill
issued through the Employer Testing Program (ETP).
Provides that an institution that is certified by DMV to offer a course of instruction
to prepare students to obtain a commercial driver’s license may not claim an
exemption from BPPE regulation.
COMMENTS:
1. Purpose. The author states that 5,327 truck collisions, of which 235 involved
fatalities, were reported to the California Highway Patrol in 2012. In July 2014,
a truck with a double tractor-trailer loaded with 50,000 pounds of soil lost
control on Highway 17 and crashed into 10 cars, injuring seven people and
killing 25-year-old Daniel McGuire of Santa Cruz. The driver had little, if any,
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formal training prior to the crash. The author states that by ensuring that
commercial truck drivers receive an adequate standard of training, this bill can
help reduce the risk of tragic and fatal truck accidents.
2. Ensuring legitimate training. Last year, the Legislature reauthorized the
existence of BPPE (SB 1247, Lieu, Chapter 840, Statutes of 2014). The Senate
Floor Analysis for SB 1247 notes that “As the number of students served by
private postsecondary institutions has increased, so has the focus on fraudulent
practices and low academic standards. There have been numerous high-profile
federal investigations into the practices of for-profit institutions in recent
years.” According to the author, truck driver training options can range from a
$7,000, five-month, intensive training program to a $50 DVD. This bill aims to
protect students from fraudulent truck driver training schools by removing the
exemption from BPPE regulation for schools that charge less than $2,500 for a
course of instruction and by requiring individuals to complete a course of
instruction from a DMV-certified institution.
3. Employer Testing Program (ETP) exemption. This bill exempts from the
course requirement an individual who presents a valid certificate of driving skill
issued through ETP. ETP allows firms that employ commercial drivers to
administer driving tests for their employees (but written tests must be taken
through DMV). According to the California Trucking Association, 180
employers in the state currently participate in ETP. In order to participate,
employers must apply to DMV, obtain DMV approval for examiners and
training, and meet specified record retention requirements. In addition, DMV
regularly inspects and audits ETP participants. The author states that because
ETP is highly regulated by DMV, it is appropriate to exempt individuals who
have passed an ETP test from the course requirement.
4. Expand the ETP exemption? The Commercial Vehicle Training Association
(CVTA), while supportive of this bill, seeks amendments expanding the ETP
exemption to include a certificate issued by any third-party testing facility.
CVTA states that commercial driver’s license applicants in California face wait
times of 30-45 days to take the test. As a result, despite a shortage of 35,000
drivers in the trucking industry, many students give up because they cannot
afford to be unemployed while waiting to take the test.
As noted above, DMV closely regulates ETP to ensure that firms participating
in the program adhere to federal standards. While existing law authorizes DMV
to include driving schools in a third-party testing agreement, DMV regulations
limit the program to employers of drivers. This bill seeks to ensure that
students receive training from legitimate institutions that are certified by DMV.
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Amending this bill to expand the ETP exemption to non-regulated third-party
testers would appear to be inconsistent with the intent of this bill.
5. Federal standards. Federal regulations require an individual to successfully
pass written and driving tests that meet federal standards in order to obtain a
commercial driver’s license, but do not require an individual to take a course of
instruction. The federal Moving Ahead for Progress in the 21st Century Act
(P.L. 112-141, commonly known as MAP-21), signed by President Obama in
July 2012, directs FMCSA to establish new regulations for minimum training
requirements for individuals applying for a commercial driver’s license.
FMCSA has established a stakeholder committee, which began conducting
public meetings in March 2015 to consider requirements such as length of
classroom instruction and behind-the-wheel experience. FMCSA intends to
publish proposed regulations late this year. This bill requires DMV to update
its standards as necessary to comply with FMCSA guidance or requirements.
6. What about commercial drivers from other states? Federal law prohibits an
individual from holding a license from more than one state. If an individual
from another jurisdiction were to apply for a commercial driver’s license in
California, he or she would have to surrender his or her current license and meet
the requirements of this bill when applying for a California license.
Alternatively, if an individual holds a license from another state, the license is
recognized in California as long as it is valid.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 8, 2015.)
SUPPORT:
California Association of Highway Patrolmen
California Trucking Association
Capitola City Council
City of San Jose
Consumer Attorneys of California
Peace Officers Research Association of California
Santa Cruz County Board of Supervisors
Santa Cruz County Regional Transportation Commission
Scotts Valley City Council
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OPPOSITION:
None received.
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