Legislature(2011 - 2012)CAPITOL 17

03/27/2012 01:00 PM House TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 345 WAIVE CDL SKILL TEST FOR CERTAIN VETERANS TELECONFERENCED
Moved Out of Committee
+ HB 212 PROVISIONAL DRIVER'S LICENSE STICKER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 345-WAIVE CDL SKILL TEST FOR CERTAIN VETERANS                                                                    
                                                                                                                                
1:09:54 PM                                                                                                                    
                                                                                                                                
CHAIR P. WILSON announced that  the first order of business would                                                               
be HOUSE  BILL NO. 345,  "An Act relating to  regulations adopted                                                               
by the Department of Administration  waiving the commercial motor                                                               
vehicle  driving skills  test for  certain drivers  with military                                                               
commercial motor vehicle experience."                                                                                           
                                                                                                                                
1:10:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAN SADDLER,  Alaska State  Legislature, speaking                                                               
as the sponsor  of HB 345, stated that HB  345 will help Alaska's                                                               
returning  personnel find  good jobs  and help  Alaska businesses                                                               
find  qualified drivers  by acknowledging  most military  drivers                                                               
leaving  the military  service already  possess  the skills  they                                                               
need to  be productive and safe  drivers on civilian roads.   The                                                               
U.S. military depends on trucks  and truck drivers, the so called                                                               
"88 Mike" - the military  occupation specialty of motor transport                                                               
operators.  The  defense budget cuts indicate  more veterans with                                                               
an   "88  Mike"   designation   are  seeking   work  in   Alaska.                                                               
Fortunately  there  are  many industries  that  are  looking  for                                                               
civilian truck drivers.   The civilian commercial  license or CVL                                                               
is  a valuable  credential that  offers a  significant boost  for                                                               
anyone  looking  for  work  in  the  civilian  job  market.    He                                                               
explained  that CVLs  are issued  by the  state but  under strict                                                               
federal  standards.    This  bill,   HB  345,  would  direct  the                                                               
Department  of  Administration  (DOA)  to  adopt  regulations  in                                                               
accordance  with  federal  standards,   which  will  allow  these                                                               
veterans to use their military  driving experience in lieu of the                                                               
road skills test as long as the applicant meets other standards.                                                                
                                                                                                                                
REPRESENTATIVE SADDLER explained  that in order to  qualify for a                                                               
waiver  a driver  must  have spent  the last  two  years or  more                                                               
driving the  type of  equipment in the  military he/she  hopes to                                                               
use in the civilian jobs.   Further, the drivers must have worked                                                               
for the past  90 days as a military driver  and must meet federal                                                               
exemption standards  outlined in  federal [49]  CFR 383.77.   The                                                               
applicant cannot  ever have had their  driver's license suspended                                                               
or revoked, had  more than one traffic  violation, been convicted                                                               
of  any  driving offense  involving  drugs  or alcohol,  or  been                                                               
convicted  for   any  serious  traffic  violation   involving  an                                                               
accident.    These standards,  along  with  the requirement  that                                                               
military drivers must still meet  the knowledge test, endorsement                                                               
of specific  knowledge tests, and medical  tests, offer assurance                                                               
that Alaska roads will be just  as safe after this bill passes as                                                               
they currently  are today.   He summarized the bill,  noting that                                                               
Alaskans who hone their driving  skills while still in service to                                                               
our nation deserve to have  that experience validated and honored                                                               
in the civilian world.   He offered his belief that  HB 345 is an                                                               
important tool  to help military members  obtain credentials they                                                               
need  to get  good  jobs in  the civilian  sector  and also  help                                                               
Alaska employers hire skilled drivers.                                                                                          
                                                                                                                                
1:12:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PETERSEN  asked   what  type   of  documentation                                                               
veterans will need  to show the Division of  Motor Vehicles (DMV)                                                               
to allow them to issue the waiver.                                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER deferred to the department to answer.                                                                    
                                                                                                                                
1:13:48 PM                                                                                                                    
                                                                                                                                
WHITNEY  BREWSTER, Director,  Division of  Motor Vehicles  (DMV),                                                               
Department of  Administration (DOA),  stated several  states have                                                               
implemented  similar  waiver  programs  for  military  personnel,                                                               
including  Pennsylvania, Connecticut,  Washington, New  York, and                                                               
Nevada.   She offered her belief  that the DMV could  fashion its                                                               
program  after one  adopted by  Pennsylvania,  which requires  an                                                               
applicant  to  show  a military  driver's  license  that  clearly                                                               
identifies the  type of  vehicle an  individual is  authorized to                                                               
drive.   She outlined  that if  it is not  clear on  the military                                                               
license,  Pennsylvania  allows  for  use  of  a  verification  of                                                               
military  experience  and  training  document,  or  a  letter  on                                                               
military  letterhead  that indicates  the  type  of vehicles  the                                                               
person  is   or  was  authorized   to  operate.     Additionally,                                                               
Pennsylvania also requires federal DD2  or DD214 forms to be used                                                               
within  two  years of  honorable  discharge.   Many  states  have                                                               
already adopted  similar programs  and the  DMV would  review the                                                               
programs to determine allowable  substitute documents and the DMV                                                               
would institute a similar program by regulation.                                                                                
                                                                                                                                
1:15:40 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON pointed to language  in HB 345 which  requires a                                                               
driver must  have spent the  last two  years or more  driving the                                                               
type of equipment he expects to  use in the civilian job and must                                                               
have  worked  the  past  90  days as  a  military  driver.    She                                                               
questioned whether the DMV will  follow the specific requirements                                                               
of the bill.                                                                                                                    
                                                                                                                                
MS. BREWSTER answered yes.   Additionally, the DMV will make sure                                                               
its  program  would also  meets  the  federal requirements  since                                                               
commercial driver  licensing is a federally-regulated  program so                                                               
the DMV  would need  to meet  the requirements  of 49  CFR 383.77                                                               
that specifies what evidence is to be shown to the DMV.                                                                         
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  referenced the  sponsor statement.   He                                                               
asked  if  all  of  HB  345 provisions  fall  under  the  federal                                                               
regulations 49 CFR 383.77.                                                                                                      
                                                                                                                                
MS. BREWSTER  answered that the  90-day requirement  and two-year                                                               
requirement for operating a similar  vehicle is listed in federal                                                               
regulations 49 CFR 383.77.  She  pointed out that the state could                                                               
make  the requirements  more restrictive  since  the federal  law                                                               
sets out minimum law.                                                                                                           
                                                                                                                                
1:17:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG related  his understanding  the various                                                               
disqualifying items,  such as  not more  than one  conviction, or                                                               
having   serious  traffic   violations   is   limited  to   those                                                               
convictions that occurred within the past two years.                                                                            
                                                                                                                                
MS. BREWSTER related her understanding that is the case.                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG remarked  that  he did  not think  many                                                               
drivers who have  been driving for any length of  time would have                                                               
so few  traffic violations.   He acknowledged the  bill addresses                                                               
the past two years, which seemed doable.                                                                                        
                                                                                                                                
1:19:01 PM                                                                                                                    
                                                                                                                                
AVES THOMPSON,  Executive Director, Alaska  Trucking Association,                                                               
Inc.  (ATA)  stated that  the  ATA  is a  statewide  organization                                                               
representing the  interests of nearly  200 member companies.   He                                                               
asked  to testify  in support  of HB  345.   One of  the pressing                                                               
problems  in  the  industry  is to  find  qualified  drivers  for                                                               
commercial vehicles  to deliver freight.    He said, "As  you all                                                               
know, if you got  it, a truck brought it."  The  ATA spends a lot                                                               
of time  and effort retaining  good drivers.  The  regulatory bar                                                               
has been  raised in the  past few  years to further  increase the                                                               
professionalism of drivers in the  trucking industry.  He offered                                                               
his belief that  when someone says they are just  a truck driver,                                                               
they  miss  the  mark  completely.   He  highlighted  that  truck                                                               
driving is  a profession that  requires a great deal  of in-depth                                                               
knowledge  of  the  regulations  as well  as  driving  skills  to                                                               
navigate  a  large  rig  through Alaska's  highway  system.    He                                                               
characterized  Alaska's  drivers  as  some of  the  best  in  the                                                               
nation.     These  Alaska  become  outstanding   drivers  through                                                               
training,  experience, and  their  own enlightened  self-interest                                                               
since sometimes their driving skills  can save their own lives or                                                               
the lives of others.   He acknowledged that the industry welcomes                                                               
veterans and  appreciates this opportunity  to support them.   He                                                               
emphasized that with  the proper certification as  to a veteran's                                                               
experience,  the ATA  supports waiving  the skills  test for  the                                                               
issuance of a commercial driver's  license.  He further said, "As                                                               
a veteran  myself and on behalf  of our membership, we  are proud                                                               
to  support HB  345  and urge  that  you pass  this  bill out  of                                                               
committee with do pass recommendations.                                                                                         
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
CHAIR P.  WILSON, after first  determining no one else  wished to                                                               
testify, closed public testimony on HB 345.                                                                                     
                                                                                                                                
1:21:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  inquired  as   to  whether  there  is  a                                                               
similarity and correlation between  military and private vehicles                                                               
so a  veteran could  easily come  in and drive  an 18  wheeler or                                                               
other big rig.                                                                                                                  
                                                                                                                                
REPRESENTATIVE SADDLER responded that  military personnel drive a                                                               
wide range  of vehicles ranging  from jeeps and humvees  to large                                                               
lowboys.   He offered  his belief  there is  a correlation  and a                                                               
wide range  of experience.  He  suggested that since the  80s and                                                               
90s  there has  been a  move towards  automatic transmissions  in                                                               
smaller vehicles.   He pointed out that  many commercial vehicles                                                               
have standard  transmissions so there  might be a small  lag time                                                               
when a  military driver  may need  to pick  up an  endorsement in                                                               
order to transition to some commercial vehicles.                                                                                
                                                                                                                                
1:22:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN moved  to report HB 345  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There being no  objection, HB  345 was reported  from the                                                               
House Transportation Standing Committee.                                                                                        
                                                                                                                                
1:23:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1.23 p.m. to 1:25 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB 345.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Sponsor Statement.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Washington CDL Waiver.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Pennsylvania CDL Waiver.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 New York CDL Waiver (1).pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 FederalCDL Statute and Waiver.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Federal Medical Reqmnts.pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Federal Hours of Service Regs (1).pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 Connecticut CDL Waiver (1).pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB 345 AK CDL Statute (1).pdf HTRA 3/27/2012 1:00:00 PM
HB 345
HB0212A.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
HB0212B.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
HB 212 Sponsor Statement.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
05 HB212-DOA-DMV-3-8-12.pdf HSTA 3/13/2012 8:00:00 AM
HTRA 3/27/2012 1:00:00 PM
HB 212
HB 212 (H) STA Explanation of Changes 03232012.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
HB 212 Supporting Document - Luiken PowerPoint 03132012.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
HB 212 Supporting Document - NCSL Research 4-1-11.pdf HTRA 3/27/2012 1:00:00 PM
HB 212
HB345-DOA-DMV-3-23-12.pdf HTRA 3/27/2012 1:00:00 PM
HB 345