AB 209

This bill makes a number of miscellaneous changes to the statutes related to

commercial motor vehicles (CMVs), including the following:

1. Current law prohibits inattentive driving of a motor vehicle, which means

that a driver of a motor vehicle may not be so engaged or occupied as to interfere with

the safe driving of the vehicle. Current law also specifically prohibits a person who

holds a probationary license or instruction permit from driving a motor vehicle while

using a cellular or other wireless telephone, except to report an emergency.

This bill specifically prohibits a person from driving a CMV while using a

cellular telephone or other wireless telephone, except to report an emergency.

2. Under current law, a person's operator's license may be cancelled for a

variety of reasons. For example, a license may be cancelled if the Department of

Transportation (DOT) finds that the application for the license contained a material

false statement or if a license has been altered and returned to DOT for cancellation.

This bill specifies that the license of a person who secures, or attempts to secure,

a license or endorsement by hiring or permitting another to appear in the person's

place to take an examination or otherwise gaining or attempting to gain a passing

score in an examination by fraud or otherwise obtain a commercial driver license

(CDL) or CDL endorsement by fraud may be cancelled by DOT.

3. Under current law, if DOT has good cause to believe that a licensed operator

is not qualified to be licensed, DOT may require the licensee to submit to an

examination. After the examination, DOT may take any necessary action, including

cancelling the license or permitting the licensee to retain the license subject to

restrictions.

Under this bill, if DOT receives credible information that a person holding a

CDL committed fraud related to the issuance of the CDL, DOT must require the

person to submit to an examination.

4. Under current law, a person licensed to drive a CMV may be disqualified from

operating a CMV for several reasons. Among these, a person may be disqualified

upon being convicted of certain traffic-related offenses that are classified as "serious

traffic violations." A person who is convicted of committing two serious traffic

violations within a three-year period is disqualified from operating a CMV for 60

days and a person who is convicted of committing three serious traffic violations

within a three-year period is disqualified from operating a CMV for 120 days.

Under this bill, driving a motor vehicle while composing or sending a text

message and driving a CMV while using a cellular or other wireless phone are

classified as serious traffic violations.

Also under this bill, a person whose CDL is cancelled because the person

secured, or attempted to secure, a license or endorsement by hiring or permitting

another to appear in the person's place to take an examination or otherwise gained

or attempted to gain a passing score in an examination by fraud or otherwise obtain