SENATE BILL REPORT

SJM 8006

BYSenators Hansen, Patterson, Garrett, DeJarnatt, Bender, Tanner, Nelson, West and Smitherman

Petitioning the United States Department of Transportation to develop guidelines for implementing the Motor Carrier Safety Act.

Senate Committee on Transportation

Senate Hearing Date(s):February 26, 1987; March 3, 1987

Majority Report:  Do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Barr, Bender, Conner, DeJarnatt, Garrett, Halsan, Johnson, Nelson, Patterson, Sellar, Smitherman, von Reichbauer, West.

Senate Staff:Vicki Fabre (786-7313); Mary McLaughlin (786-7309)

                  March 13, 1987

AS PASSED SENATE, MARCH 13, 1987

BACKGROUND:

The Federal Commercial Motor Vehicle Safety Act of 1986 establishes national minimum standards for testing and licensing of commercial drivers, requires commercial truck drivers to have a single classified license and driving record, and directs the Secretary of the U.S. Department of Transportation to establish a central license information center.

Rule-making authority is granted to the U.S. Secretary of Transportation for implementation of these new programs.  The rules will apply to all inter- and intrastate drivers of commercial vehicles.  A commercial motor vehicle is defined as any vehicle used in commerce to transport property or passengers which (1) has a gross vehicle weight of more than 26,000 pounds, (2) is designed to carry 15 passengers, including the driver; or (3) is designed to transport hazardous materials.

The Act also provides grant programs to assist states in developing and implementing the new federal standards.  Federal sanctions may be imposed on noncomplying states after September 30, 1993.

Various effective dates are provided in the Act with full implementation in 1993:

JULY 1, 1987:

SINGLE DRIVER'S LICENSE.  No driver may possess or apply for more than one driver's license.  State laws that require more than one driver's license are allowed to remain in effect only until December 31, 1989.

NOTIFICATION REQUIREMENTS.  (1) The driver must notify the state of licensure and the employer of any violations within 30 days.  (2) Driver applicants must list all truck driving jobs for the past ten years.  (3) An employer may not knowingly permit (a) an unlicensed, suspended or revoked driver or (b) a driver with more than one license to operate a commercial vehicle.

JULY 15, 1988:

FEDERAL RULES FOR TESTING AND MEDICAL CERTIFICATES.  DOT minimum rules for the written and road test, and medical certificates are established.  There will probably be different testing requirements and categories of licenses based upon the type of vehicle, i.e., tanker truck versus tractor/trailer.  An additional knowledge and road test will be required for drivers transporting hazardous materials.

ESTABLISHMENT OF COMMERCIAL DRIVER'S LICENSE STANDARDS.  DOT rules for uniform standards for the issuance of commercial driver's licenses are established.  Among other things, the license is to include the license class, issuing state, and Social Security number or other identifier.

OCTOBER 27, 1988:  ESTABLISHMENT OF BLOOD ALCOHOL LEVEL.  The Secretary was directed to contract with the National Academy of Sciences for a study to determine the effect reducing the blood alcohol level (BAL) from 0.10 to 0.04 percent might have in DWI cases. The study is to be presented to the Secretary by October 27, 1987.  If the Secretary does not establish the blood alcohol level by rule within one year after receipt of the study, the BAL will automatically be set at .04 percent on October 27, 1988.

JANUARY 1, 1989:  COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM.  A central depository is established in which states will input driver licensing/violation data.  The national data base will be available to the USDOT, state agencies and employers.  The clearinghouse may be established within the USDOT, a single state or a group of states, or another organization.  A study of state systems will be conducted prior to establishment of the depository.

APRIL 1, 1992:  UNIFORM LICENSE INSTITUTED.  A commercial driver must pass a written and road test meeting federal standards prior to being issued a driver's license.

OCTOBER 1, 1993:  STATES IMPLEMENTATION.  By October 1 each state must fully implement a commercial driver licensing program conforming to 16 new federal rules (testing, licensing, BAL, disqualification requirements, etc.).  Noncomplying states face the loss of federal highway funds (5 percent the first year; 10 percent subsequent years).

SUMMARY:

The Secretary of the United States Department of Transportation is urged to (1) establish, as soon as possible, rules for implementing the various concepts contained in the Federal Motor Carrier Safety Act of 1986, and (2) establish the appropriate blood alcohol content for DWI at 0.10 percent to conform to the standard used in Washington and many other states.

Fiscal Note:      none requested

Senate Committee - Testified: No one