Existing law declares the intent of the Legislature to adopt those standards required of drivers by the Federal Highway Administration of the U.S. Department of Transportation, as set forth in the Commercial Motor Vehicle Safety Act of 1986, and to reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting drivers to hold only one license, disqualifying drivers for certain criminal offenses and serious traffic violations, and strengthening licensing and testing standards.
This bill would prohibit the Department of Motor Vehicles from revoking, suspending, cancelling, or downgrading a commercial driver's license based solely on administrative deficiencies or clerical errors created or made by the department, or due to changes in the department's interpretation of domicile or residency requirements, unless the department provides the licensee with a written notice of intent to revoke, suspend, cancel, or downgrade their license at least 180 days prior to the effective date of the action. The bill would require the department to issue a specified notice to the licensee and to prioritize assisting the licensee in resolving the administrative error or deficiency within the 180 day notice period. The bill would require the department to establish a dedicated process to review documents submitted by the affected licensees to expedite compliance. The bill would authorize the department to grant a one-time extension of up to 90 days and require the extension to be granted if the licensee has taken steps to resolve the deficiency but is unable to complete the process within the 180 day period due to processing delays by the department or a federal agency. The bill would require the extension to be granted if the department determines that the licensee is making a good faith effort to comply, and that the issue is likely to be fully resolved within the extension period. The bill would provide that these provisions are to be implemented only to the extent authorized by federal law.