SENATE BILL REPORT

SB 5544

As of February 7, 2019

Title: An act relating to increasing the types of commercial driver waivers allowed for military veterans.

Brief Description: Increasing the types of commercial driver waivers allowed for military veterans.

Sponsors: Senators Hobbs, King, Saldaña, Zeiger, Mullet, Padden, Fortunato, O'Ban and Wilson, L..

Brief History:

Committee Activity: Transportation: 2/06/19.

Staff: Bryon Moore (786-7726)

Background: A person must have a commercial driver's license (CDL) in order to legally drive a commercial vehicle in Washington. Several types of vehicles are characterized as commercial vehicles under Washington law. Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more is a commercial vehicle. This designation also covers any combination of vehicles if the vehicle being driven has a GVWR of 26,001 pounds or more, or the towed vehicle has a GVWR of 10,001 pounds when the combined GVWR equals 26,001 pounds or more.

Vehicles designed to carry 16 or more passengers are considered commercial vehicles, as are school buses. Certain vehicles that carry hazardous materials are also considered commercial vehicles.

To obtain a CDL, a person must apply to the Department of Licensing (DOL) and pay the application fee. DOL will not issue a CDL unless the applicant: (1) is a resident of the state; (2) has successfully completed an approved commercial-driver instruction course; (3) has passed a knowledge and skills test that complies with state and federal requirements; and (4) has fulfilled the requirements of the federal Commercial Motor Vehicle Safety Act, together with any other state laws or other federal regulations. A medical examiner must certify a person is physically qualified to drive a commercial vehicle.

The federal government also regulates commercial drivers under the Federal Motor Carriers Safety Administration (FMCSA). These regulations include driver's license standards and driver qualifications. States must comply with certain federal requirements, and the Secretary of Transportation can withhold a portion of federal funding from noncomplying states.

Under FMCSA regulations, states may elect to waive the CDL knowledge or skills tests for an applicant with demonstrated comparable recent military experience with certain restrictions. These restrictions include that the applicant document (1) they were regularly employed within the last year in a military position requiring operation of a commercial vehicle, and (2) they were operating a vehicle representative of the classification of vehicle that they expect to operate for at least the two years immediately preceding discharge from the military.

Under current state law, DOL allows the skills test of the CDL process to be waived, but does not allow waiver of the knowledge test for an applicant with demonstrated comparable recent military experience.

Summary of Bill: For CDL applicants with demonstrated comparable recent military experience, DOL is allowed to waive the knowledge test portion of the CDL process. Beginning December 1, 2020, DOL must provide an annual report to the Legislature on the number and types of waivers granted pursuant to the legislation.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill is a partial solution to the truck shortage problem.  This is about allowing veterans to get into high wage construction and truck driving jobs after they get out of the military. Part of the challenge is to make sure these former military drivers have the requisite skills and knowledge.

Persons Testifying: PRO: Senator Steve Hobbs, Prime Sponsor; Bruce Chattin, Washington Aggregates & Concrete Association.

Persons Signed In To Testify But Not Testifying: No one.