Bill Text: CA AB1648 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: firefighter's operation of firefighting

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 360, Statutes of 2010. [AB1648 Detail]

Download: California-2009-AB1648-Amended.html

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BILL NUMBER: AB 1648	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Members Jeffries and Chesbro

                        JANUARY 13, 2010

    An act relating to vehicles.   An act 
 to amend Sections 12804.9 and 15278 of, to add Section 12804.11
to, and to repeal Sections 12954, 15250.6, and 15250.7 of, the
Vehicle Code, relating to vehicles. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1648, as amended, Jeffries. Vehicles: firefighter's driver's
license.
   Existing law authorizes the Department of Motor Vehicles to issue
a restricted driver's license for the appropriate class of vehicle to
a firefighter for the operation of firefighting equipment.
   This bill would  state the intent of the Legislature to
enact legislation regarding testing and licensing for a restricted
firefighter's driver's license   revise those provisions
to instead require a driver to obtain a firefighter endorsement
issued by the department to operate firefighting equipment with a
Class C license. The bill requires the driver to provide evidence to
the department of successful completion of firefighter equipment
operation training with a fire department, and pass a written
examination developed by the department with the cooperation of the
  State Fire Marshal . 
   The bill would make related changes. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12804.9 of the  
Vehicle Code   is amended to read: 
   12804.9.  (a) (1) The examination shall include all of the
following:
   (A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
   (B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
   (C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
   (D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
   (E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
   (2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
   (3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.
   (b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
   (1) Class A includes the following:
   (A) A combination of vehicles, if a vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
   (B) A vehicle towing more than one vehicle.
   (C) A trailer bus.
   (D) The operation of all vehicles under class B and class C.
   (2) Class B includes the following:
   (A) A single vehicle with a gross vehicle weight rating of more
than 26,000 pounds.
   (B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
   (C) A bus except a trailer bus.
   (D) A farm labor vehicle.
   (E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
   (F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
   (G) The operation of all vehicles covered under class C.
   (3) Class C includes the following:
   (A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
   (B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
   (C) A house car of 40 feet in length or less.
   (D) A three-axle vehicle weighing 6,000 pounds gross or less.
   (E) A house car of 40 feet in length or less or vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.
   (F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
   (ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
   The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
   (G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:

   (i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
   (ii) Is used exclusively in the conduct of agricultural
operations.
   (iii) Is not used in the capacity of a for-hire carrier or for
compensation. 
   (H) Firefighting equipment if all of the following conditions are
met:  
   (i) Is operated by a person employed as a firefighter by a federal
or state agency or by a regularly organized fire department of a
city, county, city and county, or district, or registered as a
volunteer member of a regularly organized fire department having
official recognition of the city, county, city and county, or
district in which the department is located.  
   (ii) Is operated by a person with a valid license with a
firefighter endorsement, pursuant to Section 12804.11.  
   (iii) For purposes of this subparagraph, "firefighting equipment"
means a motor vehicle used to travel to and from the scene of any
emergency situation, or to transport equipment used in the control of
any emergency situation, and which is owned, leased, or rented by,
or under the exclusive control of, a federal or state agency, a
regularly organized fire department of a city, county, city and
county, or district, or a volunteer fire department having official
recognition of the city, county, city and county, or district in
which the department is located.  
   (H) 
    (I)  A motorized scooter. 
   (I) 
    (J)  Class C does not include a two-wheel motorcycle or
a two-wheel motor-driven cycle.
   (4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
   (5) (A) Class M2 includes the following:
   (i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
   (ii) A motorized scooter.
   (B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
   (c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
   (d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
   (e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
   (f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
   (g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
   (h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
   (i) A person under the age of 21 years may not be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
   (j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
   (k) A class M license issued between January 1, 1989, and December
31, 1992, shall permit the holder to operate any motorcycle,
motor-driven cycle, or motorized bicycle until the expiration of the
license.
   SEC. 2.    Section 12804.11 is added to the 
 Vehicle Code   , to read:  
   12804.11.  (a) A driver is required to obtain a firefighter
endorsement issued by the department to operate firefighting
equipment with a Class C license as provided for in subparagraph (H)
of paragraph (3) of subdivision (b) of Section 12804.9. To qualify
for a firefighter endorsement the driver shall do both of the
following:
   (1) Provide evidence to the department of successful completion of
firefighter equipment operation training with a fire department.
   (2) Pass a written examination. The written examination shall be
developed by the department with the cooperation of the State Fire
Marshal. The department shall include a sufficient number of
questions to ensure that passing the special examination under this
section ensures a level of safety comparable to examinations given
under Section 15250.
   (b) There shall be no additional charge for adding a firefighter
endorsement to an original license or when renewing a license. To add
a firefighter endorsement to an existing license when not renewing
the license, the applicant shall pay the fee for a duplicate license
pursuant to Section 14901. 
   SEC. 3.    Section 12954 of the  Vehicle
Code   is repealed.  
   12954.  Section 12951, subdivision (a) of Section 15250.5, and
subdivision (a) of Section 15250.6 do not apply to a person who has
been issued, but does not have in his or her immediate possession, a
currently valid and appropriate class driver's license or restricted
driver's license for the operation of firefighting equipment and who
is operating that equipment wholly within this state under the
conditions described in subdivisions (a) and (b) of Section 21055, or
is returning from the scene of the emergency or other situation
described in those subdivisions. 
   SEC. 4.    Section 15250.6 of the   Vehicle
Code   is repealed.  
   15250.6.  (a) A person shall not operate firefighting equipment
unless that person has in his or her immediate possession a valid
driver's license for the appropriate class of vehicle operated, or a
license issued pursuant to subdivision (b).
   (b) The department may issue a restricted driver's license for the
appropriate class of vehicle to a firefighter for the operation of
firefighting equipment. The restricted license shall be valid only
for operating (1) firefighting equipment within this state, or in
another state during a response under a mutual aid pact, or (2) any
vehicle for which a class C driver's license is required.
   (c) The restricted firefighter's license may be issued only to an
applicant qualified by examination prescribed and conducted by the
department.
   The pretrip inspection and driving test required to receive the
license shall be the same as required to obtain a license under
Section 15250.
   The written examination shall be developed by the department with
the cooperation of the State Fire Marshal. The department shall
include a sufficient number of questions from the examinations
required to obtain a license under Section 15250 to ensure that
passing the special examination under this section ensures a level of
safety comparable to examinations given under Section 15250.
   (d) In lieu of a report of medical examination required by Section
12804.9, an applicant for a restricted license issued pursuant to
subdivision (b) shall, upon application and every two years
thereafter, submit medical information on a form approved by the
department.
   (e) Upon application for issuance of an original driver's license
pursuant to subdivision (b), or for a renewal of a driver's license
issued pursuant to subdivision (b), a fee of thirty-four dollars
($34), and on and after January 1, 2010, a fee of thirty-nine dollars
($39), shall be paid to the department for a license that will
expire on the fifth birthday of the applicant following the date of
the application.
   (f) A "firefighter" is a person employed as a firefighter by a
federal or state agency or by a regularly organized fire department
of a city, county, city and county, or district, or registered as a
volunteer member of a regularly organized fire department having
official recognition of the city, county, city and county, or
district in which the department is located.
   (g) "Firefighting equipment" means a motor vehicle used to travel
to and from the scene of any emergency situation, or to transport
equipment used in the control of any emergency situation, and which
is owned, leased, or rented by, or under the exclusive control of, a
federal or state agency, a regularly organized fire department of a
city, county, city and county, or district, or a volunteer fire
department having official recognition of the city, county, city and
county, or district in which the department is located.
   (h) For purposes of the penalties and sanctions prescribed by
Article 7 (commencing with Section 15300), the operation of
firefighting equipment under a license issued pursuant to subdivision
(b) is deemed to be the operation of a commercial motor vehicle.

   SEC. 5.    Section 15250.7 of the   Vehicle
Code   is repealed.  
   15250.7.  Upon application for issuance of a duplicate driver's
license under subdivision (b) of Section 15250.6, there shall be paid
to the department a fee of twenty-seven dollars ($27), and on and
after January 1, 2010, a fee of twenty-nine dollars ($29). 
   SEC. 6.    Section 15278 of the   Vehicle
Code   is amended to read: 
   15278.  (a) A driver is required to obtain an endorsement issued
by the department to operate any commercial motor vehicle that is any
of the following:
   (1) A double trailer.
   (2) A passenger transportation vehicle, which includes, but is not
limited to, a bus, farm labor vehicle, or general public paratransit
vehicle when designed, used, or maintained to carry more than 10
persons including the driver.
   (3) A schoolbus.
   (4) A tank vehicle.
   (5) A vehicle carrying hazardous materials, as defined in Section
353, that is required to display placards pursuant to Section 27903,
unless the driver is exempt from the endorsement requirement as
provided in subdivision (b). This paragraph does not apply to any
person operating an implement of husbandry who is not required to
obtain a driver's license under this code.
   (b) This section does not apply to any person operating a vehicle
in an emergency situation at the direction of a peace officer
pursuant to Section 2800  , or to a driver issued a
restricted firefighter's license and driving a vehicle operated for
the purpose of hauling compressed air tanks for breathing apparatus
that do not exceed 2,500 pounds  . 
   (c) This section shall become operative on September 20, 2005.
 
  SECTION 1.    It is the intent of the Legislature
to enact legislation regarding testing and licensing for the issuance
of a restricted driver's license for the appropriate class of
vehicle to a firefighter for the operation of firefighting equipment.