Legislature(2023 - 2024)BUTROVICH 205
04/11/2023 01:30 PM Senate TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 123-LICENSE REQUIREMENTS: COMM. DRIVERS
1:31:25 PM
CHAIR KAUFMAN announced the consideration of SENATE BILL NO. 103
"An Act relating to peer support counseling programs for law
enforcement agencies, emergency service providers, and the
Department of Corrections."
1:31:55 PM
Emma Torkelson, Staff, Senator James Kaufman, Alaska State
Legislature, Juneau, Alaska introduced SB 123 on behalf of the
committee by paraphrasing the sponsor statement.
Senate Bill 123 repeals the requirement in AS
28.33.100(a)(2) that requires applicants for a
Commercial Driver's License (CDL) to hold a regular
Alaska driver's license for at least one year before
they can begin the process of obtaining a CDL. This
requirement was enacted in 1985 before state and
federal regulators modernized the training and
licensing standards for CDLs. Today, an individual
seeking a CDL has an extensive training and testing
process to go through to ensure they are ready to
safely drive commercial vehicles. On the state level,
a prospective commercial driver must pass a written
test at the DMV to obtain a CDL Learners Permit and
then a driving test to obtain their full license.
Beginning in February 2022, federally mandated Entry
Level Driver Training (ELDT) requirements must also be
met during the CDL Learner's Permit stage. ELDT
requires comprehensive theory testing and a driving
evaluation process to ensure that CDL applicants
possess the necessary skills and knowledge to operate
commercial vehicles safely and efficiently. With these
new safety and training standards, the one-year
regular driver's license requirement now only serves
as a barrier to workforce development. The Alaska
Trucking Association estimates that Alaska is about
500 truck drivers short, presenting a risk both to
food security and major new development projects in
industries like construction, mining, oil and gas,
etc. For young people in urban areas, getting a
driver's license at 16 is common. However, for people
coming from rural communities, a growing number of
urban youth waiting to get their license, and
newcomers to the county, the year-long wait to start
the licensing process often prevents the trucking
industry from being a viable career option. Repealing
the one-year regular driver's license requirement
aligns Alaska's CDL requirements with modern federal
standards and removes a barrier to workforce that,
although relatively small, is ready and willing. With
the passage of SB 123, Alaska will better be able to
meet our commercial vehicle driver needs and empower
Alaskans to pursue meaningful employment critical to
our state.
1:34:36 PM
MS. TORKELSON provided the sectional analysis.
Sec 1. Amends AS 28.33.100(a) to remove subsection
(2) which requires an applicant for a Commercial
Driver's License to have held a regular driver's
license for at least one year before beginning the CDL
certification process.
Sec 2. Sets January 20, 2024, effective date.
1:35:30 PM
SENATOR TOBIN wondered why the effective date was January 20
versus January 1, 2024.
MS. TORKELSON replied that the language mirrors the language in
HB 124, including the effective date of January 20, 2024. She
opined that the effective date was suggested by the industry.
CHAIR KAUFMAN indicated that invited testimony might yield more
information about the rationale behind the effective date.
1:36:19 PM
CHAIR KAUFMAN moved to invited testimony.
1:36:53 PM
JOE MICHEL, Executive Director, Alaska Trucking Association,
Anchorage, Alaska, stated that SB 123 intends to remove
impairments for young people wishing to work in the trucking
industry. He was available to answer questions.
1:37:55 PM
SENATOR WILSON wondered about a person moving to Alaska from a
warmer and drier climate. He asked how CDL training addressed
Alaskan weather.
MR. MICHEL agreed that driving in Alaska is different than
driving in a desert environment. He stated that challenges exist
for all new Alaskan drivers.
1:39:39 PM
JOEY CRUM, President, Northern Industrial Training, Fairbanks,
Alaska, explained that he trains the workforce to drive in a
commercial capacity. He stated that SB 123 removes the barriers
that inhibit an efficient training flow. He informed the
committee that SB 123 removes the one-year requirement of
holding a regular driver license before testing for a CDL.
MR. CRUM continued that new federal rules and safety standards
address the current statute's outdated requirements. He noted
that the one-year requirement was added to the statute over 30
years ago. He argued that having a driver's license does not
ensure that a person will practice driving. A person might hold
a driver's license without driving at all. He offered to answer
questions about the new federal requirements.
1:42:33 PM
SENATOR MYERS commented that he did not own a car when he first
received a CDL.
1:42:56 PM
SENATOR WILSON asked for an estimate of the time required to
obtain a CDL.
MR. CRUM replied that no federal time requirement existed. He
shared that the new requirements' first step involves obtaining
a permit. A person may not take the practical road exam for a
minimum of 14 days after the permit is issued. Additional
factors were added involving a written examination, covering
multiple Class A CDL topics, followed by a performance
evaluation displaying proficiency before testing. He recommended
allowing a minimum of four weeks for the process.
1:44:20 PM
SENATOR WILSON wondered about CDL training options. He asked how
long an in-state training might last.
MR. CRUM replied that Class A tractor-trailer training takes an
average of 12 weeks. He stated that a bus is a Class B vehicle;
the operating principles are less complex, and the training can
be completed in two weeks.
SENATOR WILSON stressed the need to ensure ample time for
learning and safety. He did not wish to take shortcuts.
1:45:43 PM
SENATOR KIEHL appreciated the element of familiarity a person
obtains when learning to drive. He requested more information
about the evaluation required before CDL testing.
MR. CRUM agreed that safety is of the highest concern. He stated
that the practical performance review included an evaluation by
the Federal Motor Safety Carrier Administration. The evaluation
of skill and maneuver proficiency must be submitted in writing.
He stated that the evaluation involves passing an initial road
test before taking the CDL road exam.
1:47:34 PM
SENATOR KIEHL asked if the new federal requirements meet the
safety needs and wondered whether a bill is necessary. He asked
if a regulation change would suffice.
1:48:17 PM
MS. TORKELSON replied that the new federal requirement must be
fulfilled before the permitting process, so a regulation change
cannot meet that section of the statute. Federal entry-level
driver training cannot be implemented without obtaining a permit
first.
1:49:22 PM
CHAIR KAUFMAN invited Jeffrey Schmitz to respond further to
Senator Kiehl's question.
1:49:27 PM
JEFFREY SCHMITZ, Director, Division of Motor Vehicles,
Department of Administration, Anchorage, Alaska, asked Senator
Kiehl to repeat his inquiry.
1:49:53 PM
SENATOR KIEHL asked if a regulation change involving the
completion of the federal entry-level driver training program
might supplant the need for a bill.
1:50:25 PM
MR. SCHMITZ replied that the federal requirements were initiated
in February of 2022 and the proposed legislation attempts to
incorporate those requirements. He acknowledged the advantage of
obtaining driving experience before operating a large commercial
vehicle. The new federal training requirements provide an
abbreviated pathway to CDL licensure. He stated that the
division did not take a position on the legislation. He opined
that committee members should decide whether to prioritize an
expedited avenue toward CDL licensure or enforce one year of
driving experience before applying.
1:52:15 PM
SENATOR KIEHL stated that he would follow up with Mr. Schmitz
later offline.
1:52:25 PM
SENATOR TOBIN remarked that safety is important and she would
like to see CDL drivers who are comfortable with the rules of
the road and driving protocols. She asked Mr. Crum if his
program offers remedial or preparatory training options to
ensure that new drivers are skilled in operating heavy
equipment.
1:53:19 PM
MR. CRUM replied to Senator Tobin's question. [audio was
difficult to understand, transcription provided by staff on
4/13/23].
Removal of a one-year requirement does not remove the
federal requirement that someone possess a regular
driver's license before getting the necessary CDL
training49 CFR 383.25(a) defines what a commercial
learners permit (CLP) is and 49 CFR 383.25(a)(2)
requires that a CLP holder holds a valid driver's
license issued by the same jurisdiction that issued
the CLP.
Once they have the regular license, they can start the
process of getting their CDL learner's permit and we
can get them into a registered training provider and
go through the process of Entry Level Driver Training.
So, what I truly anticipate the benefit of SB 123
being, is that it really opens up opportunities.
Additionally, we often think of a CDL and immediately
go to the biggest, longest heaviest vehicle on the
road. What we have to remember is that if a vehicle
has 125 gallons of diesel in the back of it in a tank,
it is required to be placarded as hazardous material
and the driver is required to have a CDL, even if it
is a F-250 pickup. Or if it's a 16-passenger van, it
requires a CDL. So? when we start talking about CDLs,
we need to make sure there we recognize that there is
a huge range of them.
I do not believe safety will be impacted because you
have to pass written and practical exams for a regular
driver's license. You then have to complete the entire
process of getting a CDL permit by passing written
exams, passing another written exam, and then passing
two truck practical exams, and then demonstrating your
proficiency to an employer to get hired.
1:55:11 PM
CHAIR KAUFMAN informed Mr. Crum that the audio was suboptimal.
He asked Mr. Crum to provide written testimony responding to
Senator Tobin's query.
MR. CRUM replied that he would submit his answer in writing.
1:56:31 PM
At ease
1:56:48 PM
CHAIR KAUFMAN reconvened the meeting and held SB 123 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 123 Sponsor Statement 4.10.23.pdf |
STRA 4/11/2023 1:30:00 PM STRA 4/13/2023 1:30:00 PM |
SB 123 |
| SB 123 Sectional Analysis Version A 4.10.23.pdf |
STRA 4/11/2023 1:30:00 PM STRA 4/13/2023 1:30:00 PM |
SB 123 |
| SB 123 Zero Fiscal Note DMV 4.8.23.pdf |
STRA 4/11/2023 1:30:00 PM STRA 4/13/2023 1:30:00 PM |
SB 123 |
| SB 123 Support Letters Received as of 4.10.23.pdf |
STRA 4/11/2023 1:30:00 PM STRA 4/13/2023 1:30:00 PM |
SB 123 |