As described below, this bill requires the department of safety to waive the knowledge test, and accept alternative requirements, for certain service members applying for temporary commercial learner's permits.
Present law generally provides that, except when operating under an instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being operated, a person may not operate a commercial motor vehicle unless the person has been issued, and is in immediate possession of, a valid commercial driver license. Present law further provides that a person may not be issued a commercial driver license before passing a written and driving test, conducted by the department of safety, for the operation of a commercial motor vehicle that complies with the minimum federal standards, and has satisfied all other federal requirements, as well as any other requirements imposed by state law.
Notwithstanding the above provisions, this bill authorizes the department to waive the knowledge test required to obtain a temporary commercial learner's permit for a permit applicant who certifies on the application that the applicant:
(1) Is or was, during the one-year period immediately preceding the date of application, regularly employed and designated as a motor transport operator - 88M (Army); a PATRIOT launching station operator - 14T (Army); a fueler - 92F (Army); a vehicle operator - 2T1 (Air Force); a fueler - 2F0 (Air Force); a pavement and construction equipment operator - 3E2 (Air Force); a motor vehicle operator – 3531 (Marine Corps); or an equipment operator - E.O. (Navy); and
(2) Was or is operating a commercial motor vehicle in the United States armed forces that is representative of the license class and endorsement for which the person is applying, for at least one year immediately preceding separation or discharge from the armed forces, in the case of an honorably discharged member, or for at least one year immediately preceding the date of application, in the case of a member in active duty.
This bill also requires the applicant to certify that, during the one-year period immediately preceding the date of application, the applicant:
(1) Has not had more than one driver license, except for a valid military commercial driver license;
(2) Has not had a driver license suspended, revoked, or canceled in this state or another state;
(3) Has not had any convictions while operating any type of motor vehicle for the disqualifying offenses contained in federal regulations, and has not lost the privilege to operate a commercial motor vehicle, or been disqualified from operating a commercial motor vehicle, in this state or another state;
(4) Has not had more than one conviction while operating any type of motor vehicle for serious traffic violations as defined in this state law or contained in federal regulations;
(5) Has not had a conviction for a violation of any military or state law or local ordinance relating to motor vehicle traffic control in this or another state, other than a parking violation, arising in connection with a traffic accident; and
(6) Has no record of an accident in which the applicant was at fault.
This bill requires an applicant to submit the following supporting documentation establishing the applicant's military occupational specialty and driving experience:
(1) Military orders or other documentation acceptable to the department establishing the applicant's military occupational specialty and current duty station assignment and a valid military identification card, if the applicant is on active duty; or
(2) If the applicant is honorably discharged from military service, the applicant's certificate of release or discharge, department of defense form 214 (DD 214), showing dates of service and that the applicant received an honorable discharge; the applicant's AGO Form 53-55 or NAVPERS 553 showing the dates of service; or the applicant's official NAVPERS-660 form, showing proof of honorable discharge.
This bill provides that an applicant who obtains the knowledge test waiver must successfully complete applicable vision and skills tests, and pay the appropriate fees, other than the skills testing fee. This bill further provides that the knowledge test waiver does not apply to a United States reserve technician.
This bill becomes effective upon becoming a law for the purpose of promulgating rules, and on July 1, 2023 for all other purposes.
ON MARCH 2, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 105, AS AMENDED.
AMENDMENT #1 revises the bill to include a member of the national guard or the armed forces reserves as those eligible for the waiver of the knowledge test. This amendment clarifies that if the applicant has been honorably discharged, they must provide, with their application, their certificate of release or discharge, including, but not limited to a department of defense form 214, that shows date of service and that the applicant received an honorable discharge or release. This amendment removes the provision that makes the bill inapplicable to a United States reserve technician.
This amendment changes the effective date of this bill from July 1, 2023, to January 1, 2024.