SENATE BILL REPORT
SB 5441
BYSenators von Reichbauer, Patterson, DeJarnatt, Conner and Hansen; by request of Legislative Transportation Committee
Licensing commercial drivers.
Senate Committee on Transportation
Senate Hearing Date(s):January 25, 1989; January 26, 1989
Majority Report: That Substitute Senate Bill No. 5441 be substituted therefor, and the substitute bill do pass.
Signed by Patterson, Chairman; Nelson, Vice Chairman; Barr, DeJarnatt, Hansen, Madsen, Murray, Thorsness.
Senate Staff:Brad Lovaas (786-7307)
January 31, 1989
AS REPORTED BY COMMITTEE ON TRANSPORTATION, JANUARY 26, 1989
BACKGROUND:
Washington has one of the most extensive classified driver licensing systems. In nineteen states, however, any person licensed to drive an automobile can also legally drive a tractor-trailer or a bus. No special training or special license is required, even though it is widely recognized that certain types of vehicles call for special skills, knowledge, training and other qualifications.
Some commercial drivers avoid possible license suspension or revocation for traffic law violations by holding driver licenses in more than one state.
The Commercial Motor Vehicle Safety Act of 1986 (Title XII, P.L. 99-570), enacted by Congress on October 18, 1986, addresses these problems. It is illegal for an operator of a commercial motor vehicle (truck or bus) to have more than one driver license. The U.S. Secretary of Transportation is required to develop uniform standards for testing and licensing of operators of vehicles over 26,000 pounds gross vehicle weight rating (GVWR). Sanctions for states that do not implement the uniform national standards by September 30, 1993 are established. The Secretary, in cooperation with the states, is authorized to develop a clearinghouse to aid the states in implementing the one-license requirement, and record the issuance of a commercial driver license. Operator disqualifications are stipulated and financial grants to assist states in implementing the testing and licensing standards are provided for.
Various forms of classified driver licensing have been adopted by 31 states. Some programs are less comprehensive than others, and the lack of uniformity hinders cooperative efforts to exchange information among the states. The purpose of the Commercial Motor Vehicle Safety Act is to accomplish that uniformity.
If not implemented, the state will lose 5 percent ($3.1 million) of federal aid construction funds by October 1, 1993 and 10 percent on October 1, 1994.
SUMMARY:
The laws regulating driver licensing are revised to meet the standards set by the Commercial Motor Vehicle Safety Act of 1986. All drivers are required to be licensed under new federal standards by April 1, 1992. Farmers, fire fighters with certification and drivers of recreational vehicles are exempt.
The use of more than one driver's license is prohibited. Drivers are required to notify employers and the state of traffic law convictions, whether in another state or Canada. Drivers are required to notify employers when a license is suspended, revoked, cancelled or when disqualified. They are required to pass knowledge and skill tests, and to pay exam fees.
The Department of Licensing may enter into agreements with other states, extend reciprocity to commercial drivers of other states, establish rules which carry out the intent of the federal and state act and grandfather drivers who meet specific criteria for the skill tests. The director of the Department of Licensing is allowed to establish third party testing for skill tests.
A commercial motor vehicle is defined as any vehicle with gross weight greater than 26,000 pounds. Disqualification offenses and requalification standards are established for commercial drivers. At the time of application to become a commercial truck driver, the applicant shall provide the employer with the previous ten-year employment history.
A commercial vehicle may not be operated by a driver with alcohol in the system. A 24-hour out-of-service is mandated when this occurs. An administrative proceeding is established to disqualify commercial drivers at a 0.04 blood-alcohol content level.
The state is required to complete a record check prior to issuing a classified drivers license (CDL) and to notify the national information system within ten days of issuing a CDL. State-to-state reporting of traffic infractions of commercial drivers is required.
The State Board of Education is granted authority to receive a copy of the driving record of school bus drivers. The Traffic Safety Commission is added to the list (Department of Licensing and State Patrol) who may obtain copies of driving record abstracts.
The current law on defective equipment for commercial vehicles is changed so it is not considered for driver improvement purposes. Commercial truck drivers have a split driving record (personal and job related). This is repealed as are current endorsement laws used for commercial drivers. Penalties are provided for violations of driver and employer responsibilities.
EFFECT OF PROPOSED SUBSTITUTE:
All provisions of the original bill are contained and language is added which requires school bus drivers to comply with the bill.
Language is added that would make provisions for reporting of violations from Canada effective only when mandated by the federal act or rules.
Language is added which directs law enforcement to write tickets for defective equipment to the owner of the vehicle, unless the infraction is clearly within the responsibility of the driver. Whenever the owner is issued a ticket, the court may direct, on the request of the owner, to make any person with involvement as a codefendant. The court may dismiss the notice against the owner if the owner was not responsible.
Appropriation: $3.6 million is appropriated in the 1989-91 biennium from the highway safety fund
Revenue: yes
Fiscal Note: requested January 19, 1989
Effective Date:Sections 25, 26, 28 and 32 shall take effect on April 1, 1992. The remainder of this act shall take effect on October 1, 1989.
Senate Committee - Testified: Martin Sangster, Washington Trucking Association; Don Carnahan, SPI; Alan Oates, Department of Licensing; Mike Ryherd, Teamsters Union; Don Heyrick, Amalgamated Transit Workers