HOUSE BILL REPORT

HB 1229

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Amended by the Senate

Title: An act relating to the certification of commercial driver's license holders and applicants.

Brief Description: Concerning the certification of commercial driver's license holders and applicants.

Sponsors: Representatives Moscoso, Armstrong and Kenney; by request of Department of Licensing.

Brief History:

Committee Activity:

Transportation: 1/26/11, 1/31/11 [DP].

Floor Activity:

Passed House: 2/14/11, 94-0.

Senate Amended.

Passed Senate: 3/29/11, 46-1.

House Refused to Concur.

Senate Amended.

Passed Senate: 4/21/11, 40-5.

Brief Summary of Bill

  • Requires every person who applies for a commercial driver's license (CDL) to certify that he or she expects to engage in one of four types of driving: nonexcepted interstate, excepted interstate, nonexcepted intrastate, or excepted intrastate. For a two-year period, the Department of Licensing (DOL) may require those who hold a CDL prior to the effective date of the act to self-certify driving type.

  • Requires CDL applicants and CDL holders who self-certify for nonexcepted interstate driving to provide a medical examiner’s certificate to the DOL.

  • Requires the DOL to downgrade a license for failure to self-certify driving type or failure to submit a medical examiner's certificate when one is required.

  • Requires the DOL to meet certain requirements related to recordkeeping for drivers’ self-certification and medical examiner's certificates, driver notifications, and downgrading licenses for failure to comply.

HOUSE COMMITTEE ON TRANSPORTATION

Majority Report: Do pass. Signed by 29 members: Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Armstrong, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Angel, Asay, Eddy, Finn, Fitzgibbon, Jinkins, Johnson, Klippert, Kristiansen, Ladenburg, McCune, Moeller, Morris, Moscoso, Overstreet, Reykdal, Rivers, Rodne, Rolfes, Ryu, Shea, Takko, Upthegrove and Zeiger.

Staff: Wendy Malkin (786-7114).

Background:

The Commercial Motor Vehicle Safety Act of 1986 (Act) established minimum national standards that states must meet when issuing commercial driver's licenses (CDLs). Under the Act, the Federal Motor Carrier Safety Administration (FMCSA) issues standards that require states to issue CDLs to certain commercial motor vehicle drivers only after the driver passes knowledge and skills tests administered by the state, which are related to the type of vehicle the driver expects to operate. In addition, the Act requires that CDL holders meet FMCSA medical standards.

A CDL is required in Washington to operate certain types of vehicles. Commercial driver's license holders are not required to indicate to the Department of Licensing (DOL) whether they engage in interstate commerce. Both intrastate and interstate commercial motor vehicle drivers must meet minimum medical standards. Drivers are not required to submit a medical certificate to the DOL, but drivers must possess a medical certificate while driving a commercial motor vehicle. The DOL grants medical waivers for intrastate drivers, and the FMCSA grants medical waivers for interstate drivers.

Beginning January 30, 2012, states must comply with revised federal requirements for licensing commercial motor vehicle drivers. The revisions are primarily related to requirements for driver self-certification of driving type, requirements for medical examiner certificates, and requirements for the DOL regarding recordkeeping for drivers' self-certification and medical certificates, driver notifications, and downgrading licenses for failure to comply.

If Washington does not comply with the revised federal requirements, the FMCSA may decertify Washington's CDL program. Decertification of the state CDL could lead to the following: (1) loss of 5 percent ($16-17 million) of federal highway funds for the first year of noncompliance and loss of 10 percent ($32-34 million) of federal highway funds for subsequent years; and (2) commercial drivers operating under a Washington CDL would not be allowed to operate commercial motor vehicles in any activity deemed to be interstate commerce.

Summary of Bill:

The following changes are made to Washington's CDL requirements:

EFFECT OF SENATE AMENDMENT(S):

The Senate amendment: (1) changes the title of the bill from "Relating to certification of commercial driver's license holders and applicants" to "Relating to certain commercial motor vehicle provisions;" (2) increases minimum disqualification periods to drive a commercial motor vehicle for a commercial driver's license holder who violates an out-of-service order; (3) increases monetary penalties for a commercial driver's license holder who is convicted of violating an out-of-service order; (4) increases monetary penalties for an employer who allows the operation of a commercial motor vehicle when there is an out-of-service order; and (5) increases the fee to receive an original, a renewal, and an extension of a commercial driver's license.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect January 30, 2012.

Staff Summary of Public Testimony:

(In support) This bill is necessary to maintain critical highway funds. The DOL will develop improved recordkeeping to make it easier for drivers to comply with the new requirements. They urge your support.

(Opposed) None.

Persons Testifying: Representative Moscoso, prime sponsor; Clark Holloway and Tandy Alexander, Department of Licensing.

Persons Signed In To Testify But Not Testifying: None.