SENATE 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 Reported by Senate Committee On:

Transportation, March 14, 2011

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

Committee Activity: Transportation: 3/09/11, 3/14/11 [DPA].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report: Do pass as amended.

Signed by Senators Haugen, Chair; White, Vice Chair; King, Ranking Minority Member; Fain, Assistant Ranking Minority Member; Ericksen, Hill, Hobbs, Litzow, Nelson, Prentice, Ranker and Swecker.

Staff: Katherine Taylor (786-7434)

Background: Due to new federal law requirements, interstate commercial driver license (CDL) holders are now required to meet more stringent physical qualification requirements. Drivers are required to provide a valid medical certificate to Department of Licensing (DOL) that certifies their eligibility for driving commercial motor vehicles.

An out-of-service order for a vehicle is issued when any motor vehicle which by reason of its mechanical condition or loading would be likely to cause an accident or breakdown. An out-of-service order for a driver is issued to preclude further operation of a commercial motor vehicle by its driver when the driver has committed a violation, such as driving under the influence of drugs or alcohol.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Recommended Amendments): The medical certificate requirements include the following:

excepted intrastate;

Additionally, current law is amended to include federal medical variances, which enables drivers who do not meet certain physical qualifications to operate commercial motor vehicles.

Further, the penalties for violating out-of-service orders are increased.

A person is disqualified from driving a commercial motor vehicle for a period of not less than 180 days nor more than one year if convicted of or found to have committed a first violation of an out-of-service order while driving a commercial vehicle.

A person is disqualified from driving a commercial motor vehicle for a period of not less than two years nor more than five years if, during a ten year period, the person is convicted of or is found to have committed two violations of out-of-service orders while driving a commercial motor vehicle in separate incidents.

Further, a driver of a commercial motor vehicle who is convicted of violating an out-of-service order is liable for a penalty of at least $2,500 for a first violation, and not less than $5,000 for second or subsequent violations.

An employer who allows the operation of a commercial motor vehicle when there is an out-of-service order is liable for a penalty of at least $2,750 but not more than $25,000 for each violation.

Appropriation: None.

Fiscal Note: Available.

[OFM requested ten-year cost projection pursuant to I-960.]

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed, except sections 1-3 which take effect on January 30, 2012.

Staff Summary of Public Testimony: PRO: Would align Washington with federal law.

Persons Testifying: PRO: Jason Berry, Washington State Patrol.