HLS 12RS-840 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 696
BY REPRESENTATIVE ST. GERMAIN
MTR VEHICLE/COMMERCIAL: Provides for the testing and licensing of commercial
motor vehicle drivers and third parties who give commercial motor vehicle driving
tests and examinations
AN ACT1
To amend and reenact R.S. 15:587(A)(1)(e) and R.S. 32:405, 408(A)(4)(b) and (d),2
(B)(2)(introductory paragraph) and (a)(ii) and (F)(1) and to enact R.S. 32:408.1(5),3
relative to commercial motor vehicle driver's licenses; to provide for background4
checks; to provide for commercial motor vehicle driver's licenses tests matters; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:587(A)(1)(e) is hereby amended and reenacted to read as follows:8
§587. Duty to provide information; processing fees; Louisiana Bureau of Criminal9
Identification and Information10
A.(1)11
* * *12
(e) The office of motor vehicles shall be entitled to the criminal history13
record and identification files of the bureau of any person who is required to register14
as a sex offender pursuant to R.S. 15:542 et seq., and who is seeking a driver's15
license or required to obtain a special identification card pursuant to R.S. 40:1321(J),16
the principal of any third party tester or examiner who has or is seeking a contract17
to administer commercial driving examinations and tests pursuant to R.S. 32:408.1,18 HLS 12RS-840 ORIGINAL
HB NO. 696
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and any office of motor vehicles employee or applicant who issues or will issue a1
commercial driver's license.2
* * *3
Section 2. R.S. 32:405, 408(A)(4)(b) and (d), (B)(2)(introductory paragraph) and4
(a)(ii) and (F)(1) are hereby amended and reenacted and R.S. 32:408.1(5) is hereby enacted5
to read as follows:6
§405. Application must be verified; office of motor vehicle employees7
A. Every application shall be verified by the applicant, and by any other8
person required by this Chapter to sign such application, before a person authorized9
to administer oaths.10
B. The officers and employees of the drivers' license division are authorized11
to administer oaths without fee, and notaries public or other officers shall not charge12
in excess of twenty-five cents for the administration of such oath.13
C. The office of motor vehicles shall administer a one-time national14
background check on any person who seeks employment with the office of motor15
vehicles and, if employed, whose duties will include the issuance of commercial16
drivers' licenses or any current office of motor vehicles employee who as part of his17
employment issues commercial driver's licenses.18
* * *19
§408. Examination of applicants required; classes of licenses20
A.21
* * *22
(4)23
* * *24
(b) All third party examiners shall meet the same qualifications and training25
as state examiners to the extent necessary to conduct knowledge and skills tests in26
compliance with this Subsection. Department employees shall at least annually27
every two years take the tests actually administered by the third party as if the28
employee were a test applicant, or the department shall at least annually test a sample29 HLS 12RS-840 ORIGINAL
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of drivers who were examined by the third party to compare pass/fail results. These1
requirements and conditions shall be included in any third party contract or2
agreement and shall be a part of any license, certificate, or permit issued to such third3
parties. The department shall devise a system to regulate such third parties and the4
regulations shall have the full force and effect of law.5
* * *6
(d) The third party shall provide evidence to the applicant who has7
successfully passed the written knowledge and driving skills tests on a form8
approved by the department. The applicant shall provide this form to the department9
before being issued a commercial driver's license proof of testing in a manner10
prescribed by the department.11
* * *12
B.13
* * *14
(2) A commercial driver's license shall be required when a vehicle is used15
in commerce as defined in this Chapter, and is a commercial motor vehicle as16
defined in this Chapter. A farmer shall not need a commercial driver's license when17
operating a motor vehicle as provided for in Subparagraph (e) of this Paragraph. The18
department may elect to or, if required by the Federal Highway Administration, shall19
change the weight and passenger limits expressed herein to conform to regulations20
by the Federal Highway Administration. The department shall do so by regulations21
promulgated in accordance with the Administrative Procedure Act subject to22
oversight by the Joint Legislative Committee on Transportation, Highways and23
Public Works. A commercial learner's permit issued to an individual of this state or24
another jurisdiction, in accordance with rules and regulations of the Federal Motor25
Carrier Administration, when carried with a valid driver's license issued by the same26
state or jurisdiction, authorizes the permittee to operate a class of motor vehicle27
when accompanied by a holder of a valid commercial driver's license for purposes28
of behind-the-wheel training. When issued to the holder of a commercial driver's29 HLS 12RS-840 ORIGINAL
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license, a commercial learner's permit serves as authorization to take part in behind-1
the-wheel training in a commercial motor vehicle for which the driver is not licensed2
to drive. The different classes of drivers' licenses to be issued shall be as follows:3
* * *4
(a)5
* * *6
(ii) Restriction. An individual who takes a skills test for a Class "A"7
Commercial Driver's License in a motor vehicle other than a tractor-trailer8
combination, sometimes referred to as an "eighteen wheeler", shall be issued a9
license with a restriction prohibiting the operation of a tractor-trailer combination.10
This restriction shall be lifted only if the individual successfully completes a skills11
test in a tractor-trailer combination. In all cases, the party completing the skills test12
certificate shall fully describe on the face of the certificate the vehicle in which the13
skills test was administered. For purposes of this Item, a power unit with a gross14
vehicle weight rating of less than twenty-six thousand one pounds shall not qualify15
as the tractor portion of a tractor-trailer combination. An individual who takes a16
skills test for a Class "A" commercial driver's license in a motor vehicle with the17
power unit and towed unit connected with a pintel hook or other non-fifth wheel18
connection, shall be issued a license with a restriction prohibiting the operation of19
a tractor-trailer combination connected by a fifth wheel that requires a Class "A"20
commercial driver's license.21
* * *22
F.(1) The department shall make provisions for testing noncommercial23
driver's license or special certificate applicants in languages other than English and24
for testing deaf applicants. However, this shall not be construed to require the25
department to furnish an interpreter. Except as required by 49 CFR Part 383.133, a26
skills test for a commercial driver's license shall be conducted in English without the27
use of interpreters.28
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§408.1. Third party testing; proof of testing1
The Department of Public Safety and Corrections, public safety services, may2
contract with or license another state, an employer, a private driver training facility,3
driver education course provider, or other private institution, or a department,4
agency, or instrumentality of a local government to administer the skills tests as5
specified herein if all of the following conditions are met:6
* * *7
(5) The principal of the third party examiner or tester who has or is seeking8
a contract with the Department of Public Safety and Corrections, public safety9
services, to administer commercial driving examinations and tests shall consent to,10
pass, and pay the costs of an annual background check.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 696
Abstract: Provides for the testing and licensing of commercial motor vehicle drivers and
third parties who give commercial motor vehicle driving tests and examinations.
Present law provides that OMV shall be entitled to the criminal history record and
identification files of the bureau of any person who is required to register as a sex offender
pursuant to R.S. 15:542 et seq., and who is seeking a driver's license or required to obtain
a special identification card.
Proposed law provides that OMV shall be entitled to the criminal history record and
identification files of the bureau of principal of any third party tester or examiner who has
or is seeking a contract to administer commercial driving examinations and tests pursuant
to present law, and any OMV employee or applicant who issues or will issue a commercial
driver's license.
Proposed law provides that OMV shall administer a one-time national background check of
any OMV applicant who seeks to, as part of his employment, issue commercial driver's
licenses or any current OMV employee who as part of his employment issues commercial
driver's licenses.
Present law provides that all third party examiners shall meet the same qualifications and
training as state examiners to the extent necessary to conduct knowledge and skills tests in
compliance with present law. Department employees shall, at least annually, take the tests
actually administered by the third party as if the employee were a test applicant, or the
department shall, at least annually, test a sample of drivers who were examined by the third
party to compare pass/fail results. HLS 12RS-840 ORIGINAL
HB NO. 696
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are additions.
Proposed law provides that all third party examiners shall meet the same qualifications and
training as state examiners to the extent necessary to conduct knowledge and skills tests in
compliance with proposed law. DPS&C employees shall at least every two years take the
tests actually administered by the third party as if the employee were a test applicant, or the
department shall test a sample of drivers who were examined by the third party to compare
pass/fail results.
Present law provides that the third party shall provide evidence to the applicant who has
successfully passed the written knowledge and driving skills tests on a form approved by the
department. The applicant shall provide this form to the department before being issued a
commercial driver's license.
Proposed law provides that the third party shall provide proof of testing in a manner
prescribed by the department.
Proposed law provides that a commercial learner's permit issued to an individual of this state
or another jurisdiction, in accordance with rules and regulations of the Federal Motor Carrier
Administration, when carried with a valid driver's license issued by the same state or
jurisdiction, authorizes the permittee to operate a class of motor vehicle when accompanied
by a holder of a valid commercial driver's license for purposes of behind-the-wheel training.
When issued to the holder of a commercial driver's license, a commercial learner's permit
serves as authorization to take part in behind-the-wheel training in a commercial motor
vehicle for which the driver is not licensed to drive.
Proposed law provides that an individual who takes a skills test for a Class "A" commercial
driver's license in a motor vehicle with the power unit and towed unit connected with a pintel
hook or other non-fifth wheel connection, shall be issued a license with a restriction
prohibiting the operation of a tractor-trailer combination connected by a fifth wheel that
requires a Class "A" commercial driver's license.
Proposed law provides that except as required by 49 CFR Section 383.133, a skills test for
a commercial driver's license shall be conducted in English without the use of interpreters.
Proposed law provides that the principal of the third party examiner or tester who has or is
seeking a contract with DPS&C, public safety services, to administer commercial driving
examinations and tests shall consent to, pass, and pay the costs of an annual background
check.
(Amends R.S. 15:587(A)(1)(e) and R.S. 32:405, 408(A)(4)(b) and (d), (B)(2)(intro. para.)
and (a)(ii) and (F)(1); Adds R.S. 32:408.1(5))