Designed to bring California into compliance with federal regulations governing the transportation of hazardous materials (HazMat).

Specifically:

1. Provides that no person may operate a commercial motor vehicle while transporting hazardous materials unless that person has in his or her possession a valid commercial driver license (CDL) with a HazMat endorsement.  Also clarifies that an instruction permit does not authorize the operation of a vehicle transporting hazardous materials.
2. Requires proof of citizenship or permanent residency of an applicant for a CDL with a HazMat endorsement.
3. Requires DMV to check the applicant’s driving record to ensure the applicant is not subject to a commercial disqualification, prior to submitting the application to the federal Transportation Safety Administration (TSA) for processing.
4. Requires a CDL applicant for a HazMat endorsement to submit fingerprints for the purpose of a background check by the TSA.
5. Clarifies that the applicant is authorized to receive a HazMat endorsement after an appeal to TSA, the department shall issue the HazMat endorsement within the period specified under federal regulations.
6. Authorizes the department to deny issuance or revoke a HazMat endorsement when the TSA has determined that the person poses a security threat based upon searches of various criminal databases.
7. Requires the DMV to refuse to issue or renew, or revoke the HazMat endorsement if the applicant does not meet the qualifications for issuance.
8. Provides that a HazMat endorsement shall be issued only to applicants who comply with the Code of Federal Regulations.

Brings the Vehicle Code into compliance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA):

• Adds California residency as a requirement for a California commercial driver license.
• Requires that CHP maintain its current school bus certification program.  A school bus driver must possess a school bus endorsement.  Endorsement code “S” must be indicated on the actual driver license.
• Imposes a disqualification on commercial drivers who have been convicted of traffic offenses while operating a non-commercial motor vehicle which results in a cancellation, revocation, or suspension of their Class C privileges.
• Imposes a License disqualification for conviction of the following offenses:
1. DUI or driving with excessive blood alcohol content (BAC) in any motor vehicle.
2. DUI involving injury or driving with excessive BAC causing injury in any motor vehicle.

Compliance with the federal MCSIA of 1999:

• License disqualification for conviction continued:
3. 0.04% BAC or greater while operating a commercial motor vehicle (CMV).
4. 0.04% BAC or greater while operating a CMV causing injury.
5. Refusing to submit to, or failing to complete a chemical test or tests.
• Imposes a lifetime disqualification if the commercial driver uses any motor vehicle in the commission of a felony.
• Disqualifies a commercial driver for a period of 120 days if convicted of a serious traffic violation involving any motor vehicle and the offense occurred within three years of two or more separate convictions for serious traffic violations.
• Makes it unlawful to violate any out-of-service order.  It also provides that it is unlawful to fail or refuse to comply with a lawful out-of-service issued by the United States Secretary of the Department of Transportation.
• Prohibits operating a commercial motor vehicle for a period of 180 days if the person is convicted of violating an out-of-service order while transporting hazardous materials or while operating a vehicle designed to transport 16 or more passengers, including the driver and increases the prohibition to three years for a conviction of a second violation.
• A CDL driver convicted of violating an out-of-service order is subject to a civil penalty of not less than $1,100 nor more than $2,750.
• Prohibits a state from issuing a special CDL or permit (including a provisional or temporary license) to any commercial driver who is disqualified or whose non-commercial driving privilege is revoked, suspended, or cancelled.  The court does not have the authority to issue a restricted commercial driver license.
• Eliminates the current authority in law to issue a restricted commercial to a driver who is otherwise suspended for a first offense of driving under the influence of alcohol or drugs occurring in a non-commercial vehicle, or if the driving privilege has been suspend for failure to have insurance at the time of an accident in a non-commercial vehicle.  The court does not have the authority to issue a restricted CDL.

Compliance with the federal MCSIA of 1999:

• Establishes that courts may not order or permit the holder of a commercial driver license or any class driver license to attend a traffic violator school, a driving school, or any other court-approved instruction of driving safety in lieu of any convictions for a traffic offense committed in a commercial vehicle.
• Allows the MCSIA to transmit an order to disqualify a commercial driver for cause, and that such information must become a part of the driver’s record.
• Imposes the following penalties on employers:
1. Prohibits an employer from knowingly allowing a driver to operate a commercial motor vehicle during any period in which the driver, the vehicle, or the motor carrier, is subject to an out-of-service order.
2. Imposes civil penalties on an employer convicted of permitting drivers or vehicles to operate during any period in which an out-of-service order is in force.
3. Prohibits an employer from knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in the United States in violation of any law or regulation pertaining to railroad-highway grade crossings.

• Provides that whenever the DMV is required to disqualify the commercial driving privilege upon conviction, the suspension or revocation would begin upon receipt of the certified court abstract showing that the person has been convicted of the violation.

• Adjusts the listing of traffic violations for negligent operator points so that the point assessments in each category appear together.
• Clarifies that the DMV must deny or revoke special certificates if the driver has been convicted of a violent felony or serious felony as defined in the Penal Code.