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AB-301 Commercial motor vehicles: examination requirements: driving skills test.(2017-2018)

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Date Published: 07/13/2017 09:00 PM
AB301:v93#DOCUMENT

Amended  IN  Senate  July 13, 2017
Amended  IN  Senate  June 28, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 301

Introduced by Assembly Members Rodriguez and Patterson
(Coauthors: Assembly Members Aguiar-Curry, Bigelow, Bocanegra, Cooper, Fong, Lackey, and O'Donnell)
(Coauthors: Senators Cannella, Mendoza, and Nielsen)

February 06, 2017

An act to add Section 15250.2 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 301, as amended, Rodriguez. Commercial motor vehicles: examination requirements: driving skills test.
Existing law prohibits a person from operating a commercial motor vehicle unless the person has passed a written and driving test for the operation of a commercial motor vehicle that complies with specified federal standards and any other requirements imposed by the Vehicle Code. Existing law requires the Department of Motor Vehicles to implement these provisions, as specified.
This bill would require the Department of Motor Vehicles to establish performance goals to decrease the wait time to obtain an appointment to take the driving skills test to operate a commercial motor vehicle. The bill would require the department to convene a stakeholder group to make recommendations to the department on meeting these performance goals. The bill would require the department to submit a report to the relevant budget and policy committees of the Legislature detailing the recommendations of the stakeholder group group, the recommendations that the department has adopted, the recommendations that were not adopted with an explanation of why they were not adopted, and how the department intends to implement these recommendations. The bill would additionally require the department to submit a subsequent report to these committees describing the department’s performance in implementing the recommendations it has adopted and achieving the performance goals.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares as follows:
(a) The expedited and efficient movement of goods and the availability of public transit are critical to the vitality of California’s economy.
(b) The United States is facing a national truck driver shortage of 38,000 drivers. Anticipated economic growth and an aging driver population will require the trucking industry to fill a net average of 89,000 driver positions per year through 2025 to meet the demand.
(c) A rapid increase in demand for commercial driver’s licenses combined with increased safety standards mandated by the federal government have put a strain on the resources of the Department of Motor Vehicles, causing significant delays in the availability of driving skills test appointments.
(d) In December 2016, the Department of Motor Vehicles reported wait times for a driving skills test ranging from one to 65 business days. During the same reporting period, 11 of the state’s 23 locations that provide driving skills tests had wait times in excess of 30 business days.
(e) Unnecessary delays to obtain a driving skills test appointment create hardships for prospective drivers who cannot gain employment without a valid driver’s license.
(f) Section 5506 of the federal Fixing America’s Surface Transportation Act (FAST Act; Public Law 114-94) requires the Administrator of the Federal Motor Carrier Safety Administration to report to Congress the status of state driving skills testing for applicants for a commercial driver’s license, and describes specific steps that can be taken to address delays in driving skills testing in states with average skills test or retest wait times of more than seven days from the date the applicant requests to test or retest to the date the applicant has the opportunity to complete the test or retest.
(g) It is, therefore, consistent with the intent of the federal FAST Act to explore all options to reduce the backlog in commercial driver’s license skills testing and meet future employment demand.

SEC. 2.

 Section 15250.2 is added to the Vehicle Code, to read:

15250.2.
 (a) The department shall establish performance goals related to administering the driving skills tests described in Section 15250. The performance goals shall include, but not be limited to, both of the following:
(1) A goal that by July 1, 2019, the average wait time to obtain an appointment to take the commercial driving skills test in any particular field office shall not exceed 14 days.
(2) A goal that by July 1, 2021, the average wait time to obtain an appointment to take the commercial driving skills test in any particular field office shall not exceed seven days.
(b) The department shall convene a stakeholder group to make recommendations to the department on achieving the performance goals set pursuant to subdivision (a). The stakeholder group shall consist of, but not be limited to, at least one representative from each of the following:
(1) An association of commercial driving training institutions.
(2) An association of licensed motor carriers operating in the State of California.
(3) An association of public transit agencies.
(4) An association representing commercial driver’s license examiners at the department.
(5) A commercial driver’s license examiner employed by the department and experienced in administering the driving skills test required by Section 15250.
(6) Administrative staff at the department with knowledge of the facilities requirements for conducting the test required by Section 15250 and an understanding of facilities procurement processes.
(7) A statewide public safety labor organization whose members may be required to maintain a commercial driver’s license for the performance of their duties.
(c) (1) By no later than January 1, 2019, the department shall submit to the relevant budget and policy committees of the Senate and the Assembly a report detailing the performance goals developed pursuant to subdivision (a), the recommendations generated by the stakeholder group described in subdivision (b), and a plan of how the department intends to achieve those performance goals and implement those recommendations. the recommendations it has adopted, and a list of any recommendations that it did not adopt with an explanation of why the recommendations were not adopted. The report shall include, but need not be limited to, all of the following:
(A) The number of driving skills test examiners available to test applicants, the number of additional driving skills test examiners needed to achieve the stated goals, and the estimated costs.
(B) The number and locations of current sites that offer driving skills tests, the number and proposed locations of additional department and commercial testing center locations needed to achieve the stated goals, and the estimated costs.
(C) Internal efficiency improvements that can be made within the department to reduce wait times.
(D) Actions the department intends to take to ensure driving skills test applicants use equipment that meets minimum standards required by Title 49 of the Code of Federal Regulations during the driving skills test.
(E) Actions the department has taken, or plans to take, to establish the maximum amount of time each applicant can take to complete the driving skills test.
(F) Actions the department has taken, or plans to take, to ensure the proper and efficient scheduling of appointments for license endorsements described in Section 15278.
(G) Any and all other innovative strategies to reduce wait times.
(H) The methodology the department intends to use to collect and monitor wait times.
(I) A timeline for implementation of the department’s recommendations.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on June 1, 2022, pursuant to Section 10231.5 of the Government Code.
(d) (1) On January 1, 2020, and annually thereafter, the department shall submit a report to the relevant budget and policy committees of the Senate and the Assembly describing its achievement of the performance goals described in subdivision (a) and the progress at implementing the recommendations made by the stakeholder group described in subdivision (b) that it has adopted and the plan described in subdivision (c).
(2) The requirement for submitting a report imposed under this subdivision is inoperative on June 1, 2023, pursuant to Section 10231.5 of the Government Code.