Bill Text: CA AB82 | 2011-2012 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: firefighting equipment.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 92, Statutes of 2011. [AB82 Detail]
Download: California-2011-AB82-Enrolled.html
Bill Title: Vehicles: firefighting equipment.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 92, Statutes of 2011. [AB82 Detail]
Download: California-2011-AB82-Enrolled.html
BILL NUMBER: AB 82 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 1, 2011
PASSED THE ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY FEBRUARY 23, 2011
INTRODUCED BY Assembly Members Jeffries and Chesbro
JANUARY 4, 2011
An act to amend Sections 12804.9 and 12804.11 of the Vehicle Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 82, Jeffries. Vehicles: firefighting equipment.
(1) Existing law regulates the operation of firefighting
equipment, as defined, and permits certain persons employed as a
firefighter or registered as a volunteer firefighter to operate
firefighting equipment only if the person holds a class A, class B,
or class C license, with certain exceptions, and a firefighter
endorsement issued by the Department of Motor Vehicles, after
providing to the department proof of current employment or
registration as a volunteer firefighter with a fire department and
evidence of fire equipment operation training, passing the written
firefighter examination developed by the department with the
cooperation of the Office of the State Fire Marshal, and submitting a
report of medical examination on a department-approved form.
Existing law authorizes the department to issue restricted class A
licenses or noncommercial class B licenses under specified
conditions.
This bill would instead authorize the operation of firefighting
equipment by either a person with a firefighter endorsement who holds
a class C license, a restricted class A license, or a noncommercial
class B driver's license, or by a person holding a class A or B
license, as appropriate for that equipment.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
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) Except as provided in subparagraph (H) of paragraph (3), 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) Except as provided in subparagraph (H) of paragraph (3), 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 a 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, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(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.
SEC. 2. Section 12804.11 of the Vehicle Code is amended to read:
12804.11. (a) To operate firefighting equipment, a driver,
including a tiller operator, is required to do either of the
following:
(1) Obtain and maintain a firefighter endorsement issued by the
department and obtain and maintain a class C license as described in
Section 12804.9, a restricted class A license as described in Section
12804.12, or a noncommercial class B license as described in Section
12804.10.
(2) Obtain and maintain a class A or B license as described in
Section 12804.9, and, as appropriate, for the size and configuration
of the firefighting equipment operated.
(b) To qualify for a firefighter endorsement the driver shall do
all of the following:
(1) (A) Provide to the department proof of current employment as a
firefighter or registration as a volunteer firefighter with a fire
department and evidence of fire equipment operation training by
providing a letter, or other indication, from the chief of the fire
department, or his or her designee.
(B) For purposes of this section, evidence of fire equipment
operation training means the applicant has successfully completed
Fire Apparatus Driver/Operator 1A taught by an instructor registered
with the Office of the State Fire Marshal or fire department driver
training that meets all of the following requirements:
(i) Meets or exceeds the standards outlined in NFPA 1002, Chapter
4 (2008 version) or the Fire Apparatus Driver/Operator 1A course
adopted by the Office of the State Fire Marshal.
(ii) Prepares the applicant to safely operate the department's
fire equipment that the applicant will be authorized to operate.
(iii) Includes a classroom (cognitive) portion of at least 16
hours.
(iv) Includes a manipulative portion of at least 14 hours, which
includes directly supervised behind-the-wheel driver training.
(C) Driver training shall be conducted by a person who is
registered with the Office of the State Fire Marshal to instruct
Driver/Operator 1A or a person who meets all of the following
criteria:
(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 California class A or B license or a class
A or B license restricted to the operation of firefighting equipment.
(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.
(2) Pass the written firefighter examination developed by the
department with the cooperation of the State Fire Marshal's office.
(3) Submit a report of medical examination on a form approved by
the department. The report shall be dated within four years preceding
the application date, except as required by paragraph (2) of
subdivision (a) of Section 12804.9. Holders of a restricted
firefighters license as of January 1, 2011, are not subject to the
requirement for a medical exam until he or she renews his or her
license.
(c) 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.
(d) (1) A driver of firefighting equipment is subject to the
requirements of subdivision (a) if both of the following conditions
exist:
(A) The equipment is operated by a person employed as a
firefighter by a federal or state agency, by a regularly organized
fire department of a city, county, city and county, or district, or
by a tribal fire department 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, or of a tribal fire department.
(B) The motor vehicle is 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, a volunteer fire department having official
recognition of the city, county, city and county, or district in
which the department is located, or a tribal fire department.
(2) A driver of firefighting equipment is not required to obtain
and maintain a firefighter endorsement pursuant to paragraph (1) of
subdivision (a) if the driver is operating the firefighting equipment
for training purposes, during a nonemergency, while under the direct
supervision of a fire department employee who is properly licensed
to operate the equipment and is authorized by the fire department to
provide training.
(e) For purposes of this section, a tiller operator is the driver
of the rear free-axle portion of a ladder truck.
(f) For purposes of this section, "firefighting equipment" means a
motor vehicle, that meets the definition of a class A or class B
vehicle described in subdivision (b) of Section 12804.9, that is used
to travel to and from the scene of an emergency situation, or to
transport equipment used in the control of an emergency situation,
and that 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.
(g) Notwithstanding paragraph (1) of subdivision (a), a regularly
organized fire department, having official recognition of the city,
county, city and county, or district in which the department is
located, may require an employee or a volunteer of the fire
department who is a driver or operator of firefighting equipment to
hold a class A or B license.
(h) This section applies to a person hired by a fire department,
or to a person renewing a driver's license, on or after January 1,
2011.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that operators of firefighting equipment have
the appropriate knowledge and skills to operate that equipment,
thereby protecting public health and safety, it is necessary for this
act to take effect immediately as an urgency statute.
