Commercial motor vehicles: driver compliance.

(1) Existing law authorizes a court to order a person issued a notice to appear for a traffic violation to attend a traffic violator school licensed under certain provisions of the Vehicle Code, in lieu of adjudicating the traffic offense, and with the consent of the defendant, or after conviction of a traffic offense. A court may order a continuance against a person who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for attendance at a licensed school for traffic violators, a licensed driving school, or any other court-approved program of driving instruction. After that attendance, the court may dismiss the complaint and the record of the Department of Motor Vehicles relating to this proceeding and dismissal of the complaint is confidential. This bill would revise and recast these provisions and, instead, would authorize the court, after a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, to order a continuance of the proceeding against a person who receives a notice to appear in court for a violation of a statute relating to safe operation of a vehicle, in consideration for completion of a program at a school for traffic violators and order that the conviction be held confidential. The bill would prohibit the record of certain convictions from being confidential under these provisions. The bill would require that no violation point count be assessed if the record of conviction is confidential, unless other specified conditions apply. The bill would require that these provisions become operative on July 1, 2011. (2) Existing law declares the intent of the Legislature to adopt those standards required of drivers by the Federal Highway Administration of the 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. Existing law prohibits a driver of a commercial motor vehicle from operating a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of, or for the rest of his or her life if convicted of more than one violation of, specified offenses. This bill would update references to federal law and make technical, nonsubstantive changes to these provisions. (3) Existing law prohibits a driver from operating a commercial motor vehicle for a period of 90 days, 180 days, one year, or 3 years if the person is convicted of a specified violation of an out-of-service order issued by an authorized employee of the Department of the California Highway Patrol or by a uniformed peace officer. A violation of these provisions is a crime. This bill would increase the disqualification period of 90 days to 180 days, the 180-day period to 2 years, and the one-year period to 2 years. The bill would also expand this prohibition to include out-of-service orders issued by the Secretary of the United States Department of Transportation or a peace officer or commercial vehicle inspector of any state, any province of Canada, the federal government of the United States, or Mexico. By expanding the scope of an existing crime, the bill would create a state-mandated local program. (4) Existing law prohibits a driver from operating a commercial vehicle for a period of 60 days or 120 days if the driver is convicted of a serious traffic violation involving a noncommercial motor vehicle resulting in the revocation, cancellation, or suspension of the driver's license and the offense occurs within 3 years of a separate offense of a serious traffic violation or within 3 years of 2 or more separate offenses of serious traffic violations, respectively, that resulted in convictions. This bill would eliminate the requirement that the conviction of the offense resulted in the revocation, cancellation, or suspension of the driver's license. (5) Existing law provides that a driver who is 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. Existing law also provides that an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order is, upon conviction, subject to a civil penalty of not less than $2,750 nor more than $11,000. This bill would increase the penalty for the driver to not less than $2,500 for a first conviction and to $5,000 for a second or subsequent conviction. The bill would increase the upper limit of the penalty for an employer to not more than $25,000. (6) Existing law prohibits a driver of a vehicle from entering a railroad or rail transit crossing, notwithstanding any official traffic control device or signal indication to proceed, unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle driven or there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including, but not limited to, a train, trolley, or city transit vehicle. This bill would make technical, substantive changes in the organization of these provisions and make a conforming change to a related provision. (7) This bill would also includes language in Section 41501 that the bill would add to the Vehicle Code, proposed by AB 2499, to become operative only if AB 2499 and this bill are chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.